CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 17TH, 1884.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 17th, 1884, 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 JOHN CHARLES DAY , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir THOMAS SCAMBLER OWDEN, Knt., and Sir FRANCIS WYATT TRUSCOTT , 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 JAMES EDWARD GRAY , 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 KERE , 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. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an 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 and Tuesday, 17th and 18th, 1884.
Before Mr. Recorder.
396. GEORGE AUGUSTUS EVETT was indicted (with Richard Cobden Cox and Richard Johnston Railton) (see page 662) for unlawfully conspiring to deprive Henry Munster of the fruits of a verdict which he had obtained in due course of law.
MESSRS. WOOLLETT and WILLOUGHBY Prosecuted; SIR HARDINGE GIFFARD and MR. GORE Defended.
STEPHEN EDWARD GUNN . My partner Mr. Chewed and I are law stationers at Brighton—Messrs. Lamb and Evett sent a bill of sale to us, which we forwarded to our London agents, Messrs. Drake, Driver, and Lever, of New Bridge Street—I cannot say the date.
ALFRED DRIVER . I am one of the firm of Drake, Driver, and Co., 13, New Bridge Street—I received this document from Messrs. Chetwynd and Gunn of Brighton—I do not know the contents, but outside it purports to be between Cox and Bailton—one of our clerks took it to the Bill of Sale Registry Office—I know it by our stamp.
JOHN FRAYLING . I am a clerk in the Registered Bill of Sale Office, High Court of Justice—I produce the filed copy of a bill of sale which I received from Messrs. Driver and Co.—an affidavit by Mr. Evett is annexed to it (The bill of sale was here put in and taken as read).
WILLIAM BREWER . I am a solicitor of New Inn, London—I acted as solicitor for Mr. Munster in the case of Munster v. Bailton—we issued a writ on February 1st against the publishers of the Brightonian newspaper in accordance with the name at the bottom of the paper, A. J. Railton and Co., 24, Duke Street, Brighton; and on February 9th an appearance was entered by Nye and Greenwood, the London agents for Lamb and Evett, in the name of Railton, trading as Railton and Co., seeing which I thought that one person at that time was the proprietor of the paper—the case was tried by Mr. Justice Hawkins on 22nd, 23rd, and 24th June, and there was a verdict for the plaintiff for 40s., an ample apology, and costs as between solicitor and client, which is the
highest scale on which costs can be taxed in the profession—the ordinary costs are between party and party—Messrs Lamb and Evett acted on behalf of Mr. Railton, and Mr. Evett, the defendant, was in personal attendance throughout the trial—I saw Mr. Cox there; they were all in one place together near their Counsel, and when the arrangement was made they were in consultation about it—Mr. Bartlett, the clerk to Messrs. Farmer and Bull, Lamb and Evett's agents, attended the taxation—two or three appointments were made, and on the 18th the Master gave the allocation which is on the Judgment, "The above costs have been allowed at 489l. 18s. 11d."—the Sheriff was put in about the 20th, and about the 24th I heard of this bill of sale far the first time—as inter pleader summons was then taken out at Chambers, and Mr. Justice Day directed an inter pleader to be tried at Lewes—the next assizes when Civil business was taken were in the following January, when Mr. Cox, the claimant, was plaintiff, and Mr. Munster, the execution creditor, defendant—it was tried before Mr. Justice Field on 15th January, and Mr. Cox, Mr. Bailton, and Mr. Evett were examined and cross-examined and a verdict passed for Mr. Cox—an application was made to the Divisional Court for a new trial, which was made absolute on March 15th—Mr. Evett acted as solicitor throughout—Mr. Cox then appealed to the Appeal Court, which in June confirmed the decision of the Court below—Mr. Railton was made bankrupt in November 1882, and in June, 1883, the matter came before the Judge in Bankruptcy, who made this order. (This was dated June 26th, and stated, "This Court being of opinion that the said bill of sale is fraudulent and void as against the said trustee, &c., the said bill of sale is hereby set aside, &c.")—afterwards Mr. Cox took out a summons to abandon the interpleader issue, I cannot give you the date; the case came before Mr. Justice Field, and this order was made on 23rd November, 1883: "Upon hearing Counsel on both sides and upon reading the affidavits of Edward Bartlett and William Brewer, filed November 23rd, it is ordered that the claimant, Eichard Cobden Cox, pay all costs, &c., and that all further proceedings under the interpleader issue order herein dated September 5th be stayed, and that the security be cancelled"—that referred to the interpleader issue granted to us before.
Cross-examined by SIR HARDINGE GIFFARD. The costs of that were paid.
THOMAS AUGUSTUS GOODMAN . I am a solicitor of Brighton—on 9th April, 1881, I prepared this partnership deed between Cox and Railton (produced), and a duplicate was prepared and handed to one of them—I remember the action of Munster v. Railton—I have an entry in my cash book of Cox and Railton calling on me on 28th June, but I have no memory on the subject. (MR. WILLOUGHBY proposed to ask what passed at the interview, to which SIR HARDINGE GIFFARD objected that it was a privileged communication. MR. WILLOUGHBY contended that the evidence was necessary to show that Cox was treated as a partner. The REVORDER considered that although it might become admissible hereafter it was not so at present.)
Cross-examined by SIR HARDINGE GIFFARD. I have known Mr. Evett seven or eight years; he is a most honourable man—I have had hundreds of transactions with him, and we never had a slip of paper between us, and I always found him to act up to his word.
Re-examined. As to a man of honour assenting on behalf of his client to draw a bill of sale to defeat a compromise, I think if a
undertakes to do a thing he should carry it out, but of course it is entirely dependent upon circumstances—I think if he undertook to do a thing he should not do things wilfully and knowingly to defeat it—I hare only spoken of the dealings I have had with him for a number of years, and I found him honourable in the extreme, to that I pledge my oath.
E. G. HOWELL. I am a shorthand writer—I took notes in the trial of the interpleader issue before Mr. Justice Field at Lewes—Evett gave evidence there, and I took these notes. (The transcript was put in and read.)
THOMAS THORPE . I am managing clerk and cashier to the firm of Lamb and Evett, Ship Street, Brighton—it is part of my duty to post the books—I write in shorthand—I was examined as a witness at the interpleader issue between Munster and Railton tried at Lewes, 15th January, last year—I produce what is known as Pettitt's Diary; a general office diary—in that diary I take down not only what my principals tell me, but what the clerks tell me, and anything I do myself—that diary is in shorthand except with regard to the name of the client and the action—the entry of the 13th March, 1882, is "Cox, B. C., Railton ats. Minister"—Cox is the client, and "Railton arts. Mynster" is the name of the action—the remainder is in shorthand, and runs, "Attending upon you and Mr. Railton discussing matters, when it was arranged that we should act for you, and it was further arranged that the defendant should see Mr. Nye, who was at present acting for him, and get him to hand over all the papers"—Mr. Evett dictated that entry to me—I believe that is the first entry with reference to this transaction—the heading of the page of the rough bill book with the entry of 13th March is, "Mr. R. C. Cox, Queen's Road, Brighton"—underneath is "Railton ats. Munster," and then begins a series of items—the item I have just read is the first—from the 13th March to the 14th June there are seven folio pages—every one of those entries in the pages from the 13th March to the 14th June has been altered to make them consistent with the heading—the original heading was "Cox;" that "Cox" has been simply struck through and "Railton" substituted, and all the entries from the 13th March to the 14th June have been struck through so as to be consistent with the new heading "Kailton"—I made the alteration about the 10th July—no one directed me to make the alteration—neither Mr. Lamb nor Mr. Evett spoke to me about making the alteration—I wish the Jury to understand that I made that alteration without any direction from my principals—I said at the trial at Lewes that I made an alteration in June in consequence of a communication made by Mr. Evett—the communication was that Cox entirely denied that he was our client—I made the alteration in June in consequence of a communication from my principal—I remember seeing this letter of the 16th of June commencing "Do we understand that you guarantee?"—I saw a letter of the 16th June from Cox on the Saturday morning—the letter commencing "Do we understand?" was the second—I remember on Saturday marking Evett calling me into his room—he produced to me this letter of the 16th June from Cox in reply to ours of that date—he said "Thorpe, there
is a letter from Mr. Cox"—he was then about to go to town to deliver the briefs in the action of Railton ats. Munster—I said something to him about Mr. Lamb being under the impression that Cox was the client, and that as he had repudiated his liability, and Railton was worth nothing, those briefs should not be delivered until I got something for Counsel's fees—it was arranged that I should go and see Cox, and Mr. Evett left then to go by the 9.55 express, and he was to do nothing until he had a telegram from me—my other principal, Mr. Lamb, happened to pass through the law clerks office at the time, and I told him the difficulty that had arisen about the retainer—Mr. Lamb did not direct me to fetch Mr. Cox; I went myself, in accordance with the arrangement, and he came to the office with me, and we saw Mr. Lamb in his private office—Mr. Lamb was very angry indeed with Mr. Cox, and said to him "If you are not legally liable for the costs already incurred, you are morally, and had I thought for one moment Railton was the client, I should have declined to act for him"—Mr. Cox then said "I only introduced Railton to you as a friend, and I did not instruct Mr. Evett"—Mr. Lamb said "I do not mind losing the costs now owing, but I absolutely refuse to go on unless I have 100l."—Cox then said "I cannot let you have that now, as I am short at my bank"—Mr. Lamb then said "I will take your guarantee for 100l.," and Cox agreed to give it—it was then dictated to me by Mr. Lamb, and signed in our presence—the body of this guarantee is in my handwriting—the date "June 17th" is in Cox's handwriting—it was put there at the time—when I took this down I thought it was merely meant to be a rough draft, and I was going to fair copy it; but Mr. Lamb said "That will do," and Cox signed it, and put the date on himself when he signed it—there is a stamp on it dated 29th June, 1882; it was taken possession of by me, and I had it stamped in the ordinary course with the impressed stamp on the 29th—the stamping would be after the verdict—I drew the bill of costs to Railton—I make out all bills—the alteration in the books and my drawing up of the the bill of costs were done at the same time; they were all done together—I posted the back entries—the letter of the 13th July asking for payment of 230l. was sent by Lamb and Evett with the bill of costs—it is in the hand-writing of a clerk called Robinson—the signature is Mr. Lamb's, in the name of firm—the bill of costs was made out to Railton as if Railton was the client—on the 20th April there appears in the bill, "Perusing Mr. Nye's costs, writing you therewith, and for cheque"—originally it stood "Writing Mr. Railton"—I struck that through and put "you"—on the 25th, "Attending upon the defendant and Mr. Blackburn;" that was so—the 16th May, "Attending upon you, informing you result of interview with agents"—it was posted originally like that—as it originally stood it would mean Cox—"Attending upon you and informing you result of interview with agents and of opinions of Counsel, and conferring and advising as to course to be pursued"—this is not an attendance upon Cox—the word "you" in that entry referred at the time to the person whose name was at the top of the first folio, "R.C. Cox," originally, but I think myself it was not Cox that was attended upon, I feel certain—grammatically "you" would refer to the name at the top of the page, but I do not think the interview was with Cox. Q. If it did not refer to Cox why did you put down "you"? A. It would be a very easy mistake to fall into, because in taking down these items I take down the name of the action as a rule in
the diary and not the name of the client—I think it is clearly a mistake, I don't think Cox saw us about that time at all—"Attending you on telegram received from agents, and conferring and advising, arranging that you should see us early in the morning" on 16th May is a charge of agents which was put in here when I received the bill—I cannot explain at the moment whether it stood originally as it appears now or whether it has been altered; it is as you read it—it does not refer to Cox, I say again Cox was not seeing us at all—to the best of my recollection it did not refer to the person at the head of the page—17th, "Attending; upon you on letter received from agents, conferring and advising, and made an appointment,"—that stood originally before it was altered, "Attending upon defendant"—the bill of costs was not signed, we simply sent a signed letter—I remember Cox and Hailton calling with reference to the bill of sale, I think it was on a Friday, 11th August—the bill of sale was executed in Mr. Evett's room on 12th August—I was called into the room when it was executed—a clerk named Robinson engrossed it to the best of my recollection—the clerk would bring it when it was engrossed—I was there certainly—I know nothing about what passed between Evett, Cox, and Railton before I came into the room, I was not present at the interview—it is Mr. Evett's signature to the affidavit attached to the Registered bill of sale; that is an affidavit which must be prepared by the solicitor in accordance with the late Bills of Sale Act—two of the three bills of exchange given have been paid; they were for 113l. 6s. 8d. respectively, I think, at six, twelve, and eighteen months, and those three bills cleared off this bill of costs; only two are paid, but the third is due—I think I identified at Bow Street this letter of 20th July from Lamb and Evett to the trustee in bankruptcy (This was in Evetts handwriting, and without prejudice said that Mr. Cox was willing to give 150l. for the whole of the assets of the estate)—speaking off-hand the only thing left out in the bill of sale which that letter comprised was the book debts; there may have been something else, I should not like to be positive—the statement of affairs was drawn under my supervision.
Cross-examined by SIR H. GIFFARD. There is not the least pretence for saying that I gave a different account, either at Lewes or Bow Street, of the entries in these books—the answer to that question was this, it was in consequence of a communication, but it is not correct to say that either Mr. Lamb or Mr. Evett directed me to make those alterations—I do not think Evett had for one moment seen those books or that book before the trial at Lewes—all the entries are first made in this general office diary—by looking at that I am able to refresh my memory as to what was the exact condition of things on 16th May—the action simply is given "Railton ate. Munster"—the entry is, "Attending upon you and informing you of result of interview with agents, and as to the coarse to be pursued, and conferring and advising"—the action is against Railton at the suit of Munster—if that is the only heading the person with whom I would have had the interview there would have been Railton—there was a motion to commit Mr. Railton—the entry of the 22nd May, "Motion to commit Mr. Railton," is "Railton ats. Munster," simply the action—those are the entries that were made at the time, and the alterations appear upon the face of them—there is not the smallest effort In any of the books to conceal the fact of there having been a previous entry, they are simply struck through with the pen—the first time I ever heard of a
partnership between Cox and Railton was after the time that the bill of sale was executed, I had not the slightest idea before—I have been in the service of Mr. Lamb and Lamb and Evett nearly 11 years; they have every confidence in me, not only with regard to the books, but monetary transactions in every way—I settle the bills myself, it is very seldom indeed that I have to go to them to settle a bill or even look them through—all the books are in my own handwriting—there is no pretence for suggesting that the guarantee was not written on the day it bears date—"Railton ats. Minister. Attending upon Mr. Cox as to costs, when he ultimately signed an undertaking to pay 100l. in case you did not pay our costs; telegram to Mr. Evett thereon"—I tried to get the telegram produced; I have been to the Post-office, and it appeared to be against regulations.
By the COURT. I did not see the deed of partnership at that time, Mr. Evett mentioned it to me, I cannot say where it was—I should think probably I saw it, but I cannot remember for a moment.
MR. WOOLLEIT proposed to call Mr. Goodman at to what patted at the interview on 28th June, a foundation for a conspiracy being now, at he submitted, established. The RECORDER ruled that the evidence could not be admitted against Evett, as he had not been shown to be a coconspirator.
Mr. Evett affidavit annexed to the bill of sale was read.
MR. WOOLLETT proposed to call Mr. Robinson, the printer of the "Brightonian" during 1881 and 1882, as to whether he was acquainted with the partnership of Cox and Railton. The RECORDER overruled the objection.
ARTHUR FREDERICK AKHURST . Our firm is agent for Mr. Hart at Brighton—we received the rent of the place of business, 24, Duke Street, only during 1881—Mr. Railton paid the rent of those premises—the house was let to Cox and Railton—the first quarter was paid to our firm—we have received no quarter since—I have seen Mr. Hart here, my principal.
JOHN HART . I am the landlord of 24, Duke Street, Brighton—I received the rent for that house after the first quarter—Railton paid it me for the whole of the time—it was paid generally quarterly—it was not paid regularly during the bankruptcy—that was left in abeyance—it was sometimes by bill, sometimes cheque or money, sometimes altogether.
(The order; made absolute on 25th November, notice of abandonment of the bill of sale having been given on 3rd July, was put in.)
MR. JONES. I am Registrar of the Bankruptcy Court at Brighton—I produce the proceedings in bankruptcy of R.J. Railton—I remember the first meeting with reference to the creditors, before me—Mr. Evett, I think, appeared then for Railton—I remember there was a proof tendered by Messrs. Lamb and Evett—I cannot say the amount—it was an amount of some substance—after argument I rejected the proof—I cannot remember whether there were any creditors there in person—my impression is there were other creditors there present by proxy—I think the proxies were to Mr. Evett, or the firm, or the clerk—I do not quite remember whether the proofs were actually put in at all—they were withdrawn or not put in—the result of the adjournment of the first meeting was that it left Mr. Munster as being the only creditor proving his debt—it became my duty to report that state of things to the Judge, and he ordered the bankruptcy to proceed, with the Registrar of the Court as trustee, on a certain understanding by Mr. Munster, which I think was this: that there was a certain interpleader issue, I believe, then pending—Mr.
Munster undertook, if he should succeed, to bring in any money that he should obtain under that issue as assets in the bankruptcy—I hare here the statement of affairs, it is filed; it is signed "E. J. Railton." (This gave a list of creditors amounting altogether to 890l. 5s. 5d., of which Mr. Mun-ster's amounted to 491l.; the assets being wholly covered by the bill of sale)—there is a letter of 20th July, 1883, from Cox, offering 160l. for the purchase of Railton's assets—I agreed to that—Mr. Brewer withdrew as solicitor to Mr. Munster, and I appointed another solicitor—Mr. Brewer acted up to a certain point.
Cross-examined. I rejected the proof that was tendered in respect of Evett and Lamb's debt—I cannot at this time remember the grounds, but I presume it would be on the ground that they held security.
This being the case for the prosecution, SIR HARDINGE GIFFARD submitted that there was no case to go to the Jury, on either of the Counts. MR. WOOLLETT urged that the opinion of the Jury should be taken. The RECORDER was of opinion that there was not a sufficient case to leave to the Jury; the matter was quite explicable on the ground that the defendant was kept in ignorance by his clients of the real state of affairs; and as it was not made out that he was any party to a conspiracy, he must be acquitted. The Jury accordingly found him.
NOT GUILTY .
MESSRS. GILL and HICKS Prosecuted; MR. MONTAGU WILLIAMS Defended.
EDWARD LYONS . I am a broker's man, and live at 8, Yeoman Row, Brompton—on 15th February I was put into possession of No. 13, Oving-ton Gardens, Brompton, on a distress, for rent, the prisoner's house—the warrant was signed in the name of Mr. Carpenter, the agent of the landlord—everything was comfortable when I first went in, and went on so till the Saturday—I went in on Friday—I slept there, in the upper back room—I stopped downstairs during the day—on Saturday I had something to drink—I began drinking about 4 o'clock in the afternoon—I had whisky; it was given me by the nurse, and also by the prisoner; she saw the bottle underneath the drawers, and took it from there—she was with me a portion of the time—my wife was there with her as well, in the kitchen; that was where we were drinking—my wife went away and I was left alone drinking with the prisoner—the nurse was not there—I remember going upstairs on the Saturday—I don't remember much more after I went up—I went into the prisoner's bedroom—I went up with her—I could not say whether she was drunk then—I got into bed—I took off all my clothes except my shirt—the prisoner was in bed with me—I suppose I was too drunk to say whether she was drunk or not—I have not the slightest idea what time it was when I went up to bed, it must have been Sunday morning, I think—I got up when my wife was brought up to the room by the nurse on the Sunday—I was then in bed—my wife wished me to come out of there—the prisoner ran downstairs after her to throw her out of the house—I must have gone fast asleep, and 1 remember no more till I was in St. George's Hospital—I was then very sadly, covered with blood, and bruised, and injured, and I lost some teeth.
Cross-examined. I suppose it was about 4 or 5 o'clock in the evening that I began to drink—I have no idea how much whisky I drank—I did not open any bottles; one was opened for me, I believe by the nurse; she left it with me—I did not drink it all or the best part of it; I may
have drunk a couple of quarterns of it—I don't remember having any blows given me—I remember nothing till I was in the hospital—I remember my wife coming into the bedroom—I had nothing to drink after that; I was dead asleep after that—I did not feel any blows; I suppose the first knock stunned me, and then I remember no more—I understood that the nurse was in the house for the purpose of watching the prisoner and keeping her from drink—I understood she was kept by some gentleman—I did not say before the Magistrate "I don't recollect if I was pushed out of bed directly I got in."
JANE HANSCOMB . I am the wife of Henry Hanscomb, a painter, of 36, Yeoman Road—I was nurse to the prisoner—I went to her on 25th January, and stayed until she was taken into custody—she did not tell me at first what was the matter with her; she said she was very poorly; I found that she was suffering from delirium tremens—I watched her and kept her from drink as far as I could—on 31st January a case containing six bottles of whisky and six of champagne came—the prisoner took a little champagne—she used to go out during the first fortnight I was there, and she took too much drink when she was out, and when she came in she was very troublesome—the prosecutor came into possession on the 15th; he might have been sober when he came in, but not after—I suppose he took some drink during the day—I did not give him any—he went out once or twice—on Saturday, the 16th, he was drinking whisky; he knew where it was kept; I showed it him and asked him to get me a bottle—I did not see him drinking with Mrs. Murray that afternoon; she was upstairs and he was in the kitchen—he was not drunk in the early part of the day; towards night he had been drinking—he was drunk—he was not in the kitchen the whole time; in the evening he came upstairs—I saw him when he took the liberty to come into Mrs. Murray's bedroom between 3 and 4 o'clock in the morning—Mrs. Murray was then in bed; I was sitting by her bedside—she went to bed between 12 and 1 o'clock; she went up with me—the man was downstairs then—Mrs. Murray came downstairs to have some soup—when the man came into the room between 3 and 4 o'clock I said "What do you want here?"—he said "Oh, I am lord and master here; I can go into any part of the house I like"—I said "You go downstairs in the kitchen, or to your bed where you slept on Friday night"—Mrs. Murray said to me "Get me a bottle of water"—I went downstairs for the water and left him there, standing in the doorway—when I came back I found the door looked against me—when Mrs. Murray went to bed she was sober—I did not get into the room till between 6 and 7 o'clock—he was then in bed with Mrs. Murray—he was drunk then, and Mrs. Murray was not sober—there were two bottles there—the man must have brought the drink upstairs; I am sure of that, for it was not upstairs and she did not know where to get it; he did—before I went in I knocked at the door and said "Will you open the door?"—Mrs. Murray jumped out of bed and opened the door, and I said to the man "You wicked man, you have taken liberties with my patient, and I shall report you to the doctor; you know very well her mind is deranged and you had no business here"—he said "All right, cockey, I am all right; take no notice of me, I am going to have a smoke"—he did not have a smoke in my presence—Mrs. Murray got bock into bed, and when I went up again she was asleep—I said to the man "Are you coming out of this?"—he said
"No"—when I went upstairs some time after I found them both in bed together and asleep—I saw the prisoner assault the man—that was about 2.20 or 2.30 on the Sunday; he was lying down and she had a razor in her hand, and said "I will cut his b——head off"—I took the razor from her and said "I can do it quicker than you"—she said "If I can't do it with that, I will with this," and she took up the poker—I did not see her do anything; she never struck him at all; she struck me twice—I stooped down to look at the man to see if he was dead; he was bleeding—the prisoner said "It served him right, he had no business to force his way into my bedroom"—I told her to come downstairs; she came down with me—we left the man there—my husband fetched a doctor and the man was taken on an ambulance to the hospital—a constable came soon after and the prisoner was taken into custody.
Cross-examined. I was sent for originally to take care of the prisoner—I did not know at first that her mind was out of order—she seemed very nice indeed—the doctor told me she was suffering from delirium tremens—the man was more or less drunk from the time he came in.
GEORGE JORDAN (Police Inspector B). On 16th February I was sent for to this house, and in the top-floor front room I found the prosecutor lying by the side of the bed with his head on his right arm, with a severe scalp wound on the left side of his head and two on the left side of his face—he was insensible—I sent for the divisional surgeon, and by his advice conveyed him in an ambulance to St. George's Hospital—I found this poker in the room—I saw no marks of blood on it—I saw three empty bottles in the room, two of whisky and one of brandy—the prisoner was there; I left her in custody of a constable while I went to the hospital—the last witness made a statement to me in the prisoner's presence, but I have no doubt at that time the prisoner was suffering from delirium tremens—I did not put any questions to her; I abstained from so doing as she was wandering in her mind—the prosecutor was insensible—the prisoner said at the station that she had given him a d—good hiding—I sent for the divisional surgeon and had her removed to the infirmary.
HERBERT WILLIAM ALLINGHAM . I am house surgeon at St. George's Hospital—the prosecutor was brought there on 17th February by the police—I examined him and found two contused and lacerated wounds on the left side of his head—he was dead drunk—he was slightly bruised about the body—the wounds were such as would be caused by some blunt instrument; very likely a poker—he was perfectly unconscious until we stomach-pumped him, and he then just answered to his name and that was all—he got better towards the evening, but was still very stupid—he was in danger for two or three days—he remained in the hospital till 7th March.
Cross-examined. A fall might have caused the wounds.
NOT GUILTY .
MURIEL JESSIE MARDEN . I am lady superintendent of the Clergy Orphanage in St. John's Wood Road—on the 6th of February I received information, in consequence of which I went into the ground floor of the premises—I there found the sash of the window had been pushed down, the gas jet was bent, and there were marks on the paint, and a chair was placed underneath the window—I then went into a small sitting-room which opens into the schoolroom near the lobby, and from there I missed a wooden box which had contained fifty-two purses with the savings of the children in it, amounting to about 13l.—in consequence of what I saw sent for the police—the prisoner has worked at the school and cleaned the windows—I believe the last time he was working there he was employed on the roof of the school house—he married the under housemaid from the Orphanage—the box was locked when I last saw it—I have since seen and identified it—there was an old box in the back premises.
MARY ANN MILLHOUSE . I am housekeeper to the Clergy Orphan School—on the evening of the 5th February, at a quarter to 10, I went round the house, I found the doors all locked and the windows closed—the windows of the lobby were closed—I was the last up that night.
Cross-examined by the Prisoner. I am mistaken in saying that it was you who worked at the premises last Christmas, it was a man named Bartholomew, but you were there repairing the roof of the schoolhouse—I never saw you cleaning the windows of the room where the box was kept—three or four men are employed in cleaning the windows.
JULIA GRAY . I am housemaid to the Orphanage—on the 6th February I came down a few minutes past 6, I found the window open and a chair placed under it—I noticed that that window was closed at half-past 9 at night.
ELLEN FRANCIS KERSHAW . I am second English governess at the Clergy Orphanage—this box was in my charge, it was kept in the governesses' sitting-room—I saw it safe on Tuesday, the 5th of February, it contained fifty-two purses and about 13l. in money—the next morning it was gone.
LEWIS LAIDLAW (Police Sergeant S). About 9.30 on the morning of the 6th February I examined the premises at the Orphanage—the entry had been effected by some person getting over the yard gate in St. John's Wood Road, passing to the rear, pulling down the lobby window, and so getting in—I saw marks on the window sill—I found this box under a laurel tree in the back grounds—the lock had been forced open—it contained fifty-two purses, two threepenny pieces, and some stamps—this screwdriver was lying by the side of the box.
HENRY WILLIAM IRWIN . I am barman at the Cape of Good Hope in Albany Street, Regent's Park—I saw the prisoner on the 5th of February between half-past 8 and half-past 9 with another man named Wiggins, they were there together—I do not know whether they left together.
Cross-examined. You were not the worse for drink.
WILLIAM KING (Policeman S 434). About half-past 1 on the morning of the 6th of February I was on duty with Tucker in Circus Road, St. John's Wood Boad, and met the prisoner by himself—I saw him again about a quarter past 2, about 150 yards from the Orphanage, with Wiggins, in St. John's Wood Boad—I lost sight of them then—they went towards the Orphanage—at a quarter past 3 I was at the corner of Wellington Road, and saw a man leave the gate of the Orphanage and walk away in an opposite direction—after that we heard a noise which appeared to come from the grounds of the Orphanage—I went in the direction and captured Wiggins coming over the gate—he was tried here at the last Sessions and convicted.
Cross-examined. I was close to you when I saw you first, you passed us on the pavement—you were dressed in dark clothes and an overcoat, to the best of my opinion—I did not see you come over the gate—I am quite confident you are the man—I took more particular notice of your features than of your coat—I was about 20 or 80 yards from you when I saw you with Wiggins—you did not pass me at that time—it was a light night—there was a young man.
THOMAS TUCKER (Policeman S 546). I was on duty in St. John's Wood Boad on the night of the 5th February or morning of the 6th—I saw the prisoner about half-past 1, he had passed me in Circus Boad, he was then by himself—I saw him again at a quarter past 3 leaving the door of the Orphanage—he walked away from the door—he was outside the door on the footpath—I was there when Wiggins came over the gate, and helped to arrest him—I did not see anything more of the prisoner that night—I am sure he is the man.
Cross-examined. You were dressed similar to what you are now, you had on a darkish overcoat.
THOMAS BANNISTER (Police Inspector S). I arrested the prisoner about 3 in the afternoon of the 5th of this month, I knew him by the name of George Holmes—I told him I was an Inspector of the 8 division, he was a constable in the police-station at that time—I said "I am going to arrest you for being concerned with Wiggins, who has been convicted, and is now awaiting his sentence, for burglariously breaking and entering the Clergy Orphanage in St. John's Wood Boad"—I had before that received a communication from Wiggins, and I read that communication over to the prisoner at his request—he said it was false—I took him to the station, and he was placed with nine other men, and he was identified by Police-constable King—the prisoner had joined the police on the 25th of February in the name of Holmes—I told the prisoner I was going to have him placed with others for the purpose of the barman at the Cape of Good Hope identifying him—he said "That is not fair, as I know him, I was drinking there with Wiggins that night"—I did place him among the others and the barman identified him.
EDWARD WIGGINS (In custody). I was convicted at the last sessions for the burglary at this Orphanage, and I am now awaiting my sentence—on 5th February I went to St. Georges's Barracks between 10 and 12 o'clock in the day and met the prisoner—I knew him by the name of George Poole—I knew him last summer—he went with me to the barracks—we came away from there with a young man who found us at a beershop in Drummond Street; I stayed with the prisoner all day drinking—in the
evening I went with him to a public-house in Drummond Street, and afterwards to the Cape of Good Hope; that was about 8 o'clock—we stopped there all the evening; it was somewhere about 11 o'clock when we left—we went to another house after that to two in the morning—we were in St. John's Wood Road opposite the church—all at once the prisoner said "I know where to get some money"—I said "Where?"—he pointed across the road to the gates of the Orphanage, and said "Over there"—he went across the road and left me for a little while with two women who we picked up—I don't know where he went to; he went towards the Orphanage—he came back to me directly afterwards, and said "Come alone: with me over the gates," and I did go over the gates, to my sorrow—he got over first and I got over after him—he said "Stop there; aft down, there is an old box there; stop for me, I won't be long"—I waited there for about an hour—I sat down on the box and fell asleep—I did not see him again that morning—I got over the gate and the police arrested me, and I walked with them.
Cross-examined. I gave information against you to keep other poor fellows from your clutches, the same as I got in—we met the two women just after 12 o'clock; they were two common women who knock about the Regent's Park—we walked right right round the park with them till we got opposite the Orphanage—it was about two o'clock when we left them—I did not try to get information from you about the Orphanage; I never knew that you worked there till you told me—you asked me last summer to go with you up St. "John's Wood—you asked me if I could sell any birds, and you wanted a cage from me, you knew I was a bird-fancier—I did not know whether there were any birds at the Orphanage, but I believe that was the place you meant—when you asked me to sit on the box you said "Don't more, because there are two little dogs here; they will not know your footsteps; they know me as I have worked there, and they know me"—you did not say to me at the Cape of Good Hope "What are you doing with that screwdriver in your overcoat pocket?"and I did not say "All right, I want it for something."
By the Court. We both got over the gate—I fell asleep and did not wake up till he was gone—I never saw the box broken open—I know nothing of the burglary—I did not know that such a thing was going to be done.
By the Prisoner. I did not tell my brother when he came to see me in the House of Detention to go to certain parties and listen if heard anything about the screwdriver that I had stolen—I wrote to my brother—I told him to go to you—you were dressed in a white smock and a black coat, not the same clothes you have on now, because you have got hew ones new which you bought out of the money you stole—you had a jacket on like mine; I don't think you had an overcoat; I wouldn't like to swear to it, but I don't think so.
ALFRED WIGGINS . I am the brother of William Wiggins—I live at 24, Bridgewater Street, Somers Town—I know the prisoner—after my brother was arrested I went to the House of Detention with a message from him to the prisoner—I saw him at a public-house in the line of Berners Street, Tottenham Court Road, but I Cannot recollect the sign—I said to him "I suppose you know my brother is in trouble?"—he said "Yes, I got away"—I said "I have been and visited my brother," and I said "What is he to do" he said "Well, any way he must have a bit of tommy"—I said "Who is to
take it?"—he said "I don't know anybody: you are out of work, you can take it"—he said he couldn't go himself because he had got to go to Scotland Yard—he gave me a two-shilling piece, and I took it to my brother—I saw the prisoner again the same night or the night after, and I said "My brother told me to tell you that he should be sure to want a solicitor"—the prisoner said he should have one—he gave me 3s. 6d. to provide a bit more food for my brother, and said he would let me have 25s. for the solicitor—he gave me 24s. the day my brother was brought up, and I gave it to the solicitor—I saw the prisoner again on Sunday morning; he gave me half a sovereign, and told me to tell my brother that he couldn't have a counselor, but he would try and rescue him—he said my brother must keep a correct countenance, and what he said first to stick to.
Prisoner's Defence. I am quite innocent of the charge. These brothers bear some malice against me, and have got this up. I wouldn't stain my hands with such a thing. I was just joining the police.
GUILTY .— Eighteen Months' Hard labour.
NEW COURT.—Monday, March 17th, 1884.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ROBERT BOULTBY (Detective Sergeant G). About 4 o'clock on the evening of 6th March I was on duty with Merrony in the Goffwell Road, and saw the prisoner standing outside the Hat and Feathers public-house—we both walked up, and I told him I should take him into custody on suspicion of uttering—he said "I haven't put one down, but you will find them on me; you have got me by rights for possession, but not for uttering"—I took him to the station and saw Merrony search him and take from him five bad florins, separately wrapped in paper—he said "You have got me to rights; I give you credit for it"—I saw no one in company with him—we had been waiting at that corner some time, as a great number had been passed in that neighbourhood.
STEPHEN MERRONY (Detective Sergeant G). I was in Bolding's company; what he has said is correct—I found the counterfeit coins on the prisoner—he said "I may as well give you the name I was convicted in last."
The prisoner in his statement before the Magistrate and in his defence stated that on leaving the workhouse infirmary a man named Potts met him, and offered him a job. He refused, but Potts said if he would meet him he would give him 1s. to get him six towers, meaning two-shilling pieces. He declined again, but on Potts pressing him, and promising that no one should hate anything to do with it, he agreed to get them, and had not had them a minute before the police took him.
He then PLEADED GUILTY to a previous conviction of uttering at this Court in February, 1880.— Two Years' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ISABELLA HALL . I keep a general shop at Morris Street, St. George's-in-the-East—on 25th February, about the middle of the day, the prisoner came to my shop and asked for some articles, and put down a sixpence in payment—I found it was bad, and said "Where have you got it from?"—she said "If you don't like it give it to me back"—she then paid with good money and went away—the day before I had seen her in my shop three or four times—I took a bad shilling and sixpence that day—on the 29th I went to the Star public-house, where I saw the prisoner, and charged her with giving me a bad sixpence on the 26th.
Cross-examined by the Prisoner. You have come to my shop for some months—I never knew you to give bad money before—you did not give me a two-shilling piece to try for you—I did not say when I came to the public-house that I had received a bad sixpence from you—I don't remember what I said at the public-house.
CHARLOTTE SMITH . I am barmaid at the public-house in Morris Street, nearly opposite Mrs. Hall's—at 10 o'clock oh the night of 29th February the prisoner came and asked for a pint of fourpenny ale, and tendered this two-shilling piece—I saw it was bad, and I said "It is bad money" I called my master, Mr. Harris, down from upstairs, and said "This is a bad coin"—she made no answer—I gave him the coin—he showed it her and asked if she had any more.
WILLIAM HARRIS . I keep the Star public-house—on the night of 29th February, about 10 o'clock, I was called from upstairs and the last witness showed me a bad florin and said "This young woman gave this florin in payment for a pint of fourpenny ale"—I went towards her and looked at her—she looked at me and said "What is the matter?"—I said "Have you any more like this?"—she said "No; a young man gave it to me a short time ago"—I sent for Mrs. Hall, and when she came said "Do you know this young woman?"—she said "Yes, she is a customer of mine"—I said "What for?"—she said "Passing several bad coins and nothing else"—the prisoner said "No, Mrs. Hall, only one"—I sent for a constable and gave her in custody with the coins.
HENRY BROWN (Policeman H 311). I was called to the Star publio-house, and took the prisoner in charge—I told her the charge—she said "All right, I know where I get them three or four times a week"—I received this counterfeit florin from Mrs. Hall, who was in the bar when I went in, and who identified the prisoner—she did not charge her with uttering a bad sixpence while I was there—I asked the prisoner whether she had any more bad money on her and she said "No"—the female searcher searched her.
Cross-examined. You did not say you got it from a chap you saw two or three times a week.
Cross-examined. You showed me another compartment of your purse, where dress materials were.
The prisoner in her defence stated that she had received the coins from a young man and did not know they were bad.
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALFRED SAMUEL CHAMBERLAIN . I am manager at Mr. Neal's hosier's shop, Aldgate Street—on 22nd February, about 4 o'clock, the prisoner came and asked for a handkerchief, price 4 1/2 d.—he put down a florin, which Mr. Groves, the cashier, examined—he handed it back to me, I found it to be bad, and the prisoner was afterwards given into custody.
Cross-examined. You did not struggle or make any attempt to get out of the shop.
WILLIAM AUGUSTUS GROVE . I am assistant to Mr. Neal—I was in the shop when the prisoner came in, on 22nd February, and asked for a handkerchief, and laid down a bad florin in payment—I took it up, found it was bad, and sent for a constable and gave the prisoner into custody—when charged he said he did not know it was bad—I believe Chamberlain took the money.
WILLIAM PAICE (City Policeman 952). On 22nd February I was called to Mr. Neal's shop; the prisoner was there—he was told this was a bad two-shilling piece—he said he had received it from a bus-conductor the day previous—I found 1d. on him at the station—he there said a gentleman gave him 3s. the day before to carry a parcel—he was taken to Guildhall, and gave the name of Henry Myers—he was remanded to Wednesday, 27th, and then discharged, as there was no conviction against him—I produce the florin.
DOROTHRA SLACK I keep a tobacconist's shop, at High Street, Hornsey—on 29th of last month the prisoner came in and asked for half an ounce of tobacco, and handed me in payment half a crown—I gave him 2s. 4d. change, and he left with the tobacco—I tried the half-crown after the prisoner had gone, and found it was bud—a policeman was in my parlour, I spoke to him, and he went after the prisoner and brought him back—I laid he was the man that passed the bad half-crown—he said "Let me go," and that he was not aware it was bad—he paid me with a good half-crown.
MOSS KARSTEIN (Policeman Y 195). On 29th February I was off duty, in plain clothes, in the last witness's shop; they are my friends—in consequence of what Mrs. Slack said I went out into the street and saw the prisoner about 30 yards off—I went after and stopped him, and said he had given a bad half-crown in payment for tobacco—he said he did not know it was bad—I showed him the coin, which was in my hand, and took him back to the shop—Mrs. Slack said "You are the man that gave me the bad half-crown"—he repeated again he did not know it was bad, and immediately offered to pay with a good one, which she took; he had already had the change—he gave the name of George Smith, and said he had been washing a trap for a gentleman at Kilburn, and he had given him the two half-crowns—I asked if he could find the gentleman or the place—he said no, if he was to try he could not find the gentleman or place—I asked where he lived—he said he had no residence and no relations, he was left an orchard—I found on him two shillings in silver and 5d. in bronze.
Cross-examined. You did not attempt to run away, nor object to being searched—you begged hard to be let go.
GUILTY .— Two Years' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
CHARLES WRIGHT . I am assistant to Mr. Pontifex, who keeps a tobacconist's and brush shop at 4, Oldham Terrace, Pimlico, just by Victoria Station—about 6.40 on the evening of 1st March the prisoner came in, selected a tobacco pouch, value 8d., and tendered a half-crown in payment—I discovered it was bad, took a small pair of scissors to make sure, and cut the rim for more than half an inch—it cut very easily, like lead—I asked the prisoner if he knew it to be bad—he said "No"—I said "Where did you get it from?"—he said "I know where I got it from, I will take it back and get another; that is all the money I have except three halfpence in my pocket," which he produced—I gave him the coin back—about five minutes after I went into the brush department for business purposes; I saw the prisoner there, recognising him by his voice first, then by his dress—he wished to purchase a small pocket-comb, and was speaking to William Pontifex—Farm come was also present—while Pontifex was serving him I called Farmcome's attention to the prisoner, and requested him to watch him and see what coin he attempted to pass—I then accused the prisoner of passing the bad half-crown—the prisoner said I had made a mistake and denied all the charge—he said he had never entered my shop at all—the coin was handed in my presence to the policeman.
WILLIAM FARNCOME . I was present on 1st March at Mr. Pontifex's shop when the prisoner put down a half-crown for a purchase; I picked it up, bent it, and found it was bad—I did not mix it with other coins.
WILLIAM PONTIFEX . I am nephew to the owner of the shop, and await him in the brush and basket department—on Saturday evening, 1st March, the prisoner came and asked for some pocket-combs; he chose one at about 6d. and put down a half-crown on the counter—I took it up and did not observe it was bad till some one said something about it—the prisoner said he only had three halfpence more—Mr. Wright came in while this was going on, and he said the prisoner was the same lad that came into his department and offered him a bad half-crown—the prisoner said he had made a mistake—Farncome took up the coin; he did not mix it with any other money—the manager was called and the coin given to a constable, who marked it—the prisoner was then given into custody.
JAMES KELLEHER (Policeman B 211). About 6.45 on the evening of 1st March the prisoner was given into my custody at Mr. Pontifex's shop, and this half-crown was shown to me—I marked it by cutting the rim; the rim was whole before I cut it—Wright said to the prisoner "You are the man that came to my department five minutes previous and gave me a half-crown in payment for a pouch"—the prisoner said "You must have made a mistake"—he said he knew where he got it from, bat he did not say where—he refused his address—I found on him three half-pence.
The prisoner, in his statement before the Magistrate, said that he went into Mr. Pontifex's first shop for a tobacco pouch, and on being told the half-crown was bad came out and looked at it and sounded it on the ground. He thought it was good, and went next door to purchase a pocket-comb.
NOT GUILTY .
406. WILLIAM JAMES HIDE (18) PLEADED GUILTY to stealing, whilst employed in Her Majesty's Post-office, a letter and an order for 2l. 5s.; a letter and an order for 1l. 8s. 6d.; a letter and an or order for 13s. 9d.; and a 5l. bank note and two letters and cheques for 10l. 7s. 8d. and 13l. 10s., and to forging endorsements on the cheques And JAMES WILLIAM BAKER (17) to receiving the letters and orders for 2l. 5s. and 1l. 18s. 6d., and to forging and uttering a receipt for the payment of 1l. 8s. 6d., with intent to defraud.— Five Years' Penal Servitude each.
MESSRS. CRAUFURD and LLOYD Prosecuted.
RICHARD PAYNE . I am barman at the Grown and Cushion, London Wall—on 5th January, about 9.45, the prisoner came in for half a pint of ale and put down a florin—I found it was bad and said "This will not do," and threw it on the counter and it bounded on to the floor—I thought he ought not to have it, and went to recover it; not finding it I asked him to move; he shifted and I found it under his feet—I gave him in custody with the coin—I gave evidence at the police-court and he was discharged.
HENRY AUDSLEY (City Policeman 184). On 5th January I was called to the Crown and Cushion and took the prisoner—he said "So help me God, I did not know it was bad; a gentleman gave it to me to carry his parcel from Liverpool Street to London Bridge Station"—he was searched and 1d. was found on him—he gave his name James North—he was brought up on the 7th, remanded to the 9th, and discharged.
HARRIET MARTIN . I am barmaid at the Saracen's Head, Camomile Street—on 12th February, about 2.45, the prisoner came in for some ale and tobacco and put down a half-crown; I found it was bad and called Mr. Jones, who told him it was not good and gave him in charge.
Cross-examined by the Prisoner. I did not throw the coin into the till before I took it to my master.
JAMES EDWARD JONES . I keep the Saracen's Head—on 28th February Martin gave me a half-crown—the prisoner was standing at the bar and I said to him "This is a bad half-crown"—he said he did not think it was—I said "I will prove it is bad"—he said if I would let him have it again he would take it to the man he got it from—I said "No, I will not let you have it any more; you must pay for the drink"—he said "I have only got 1d."—I said "Stop a minute, I will have a word with you"—I jumped over the bar and he ran across the road—I caught him—he said "Give me a chance, I am a hard-working chap"—I said "No, if I let you off you will put it into somebody else"—I introduced him to a policeman, to whom I gave the coin.
answer—I found nothing on him but a small metal ring and some tobacco.
He then PLEADED GUILTY to a conviction of felony at Clerkenwell, in August, 1879.— Two Years' Hard Labour.
410. WILLIAM CACKLING (25) to burglariously breaking and entering the shop of William Saunders, and stealing nine pairs of socks and a shirt, his property.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
411. WILLIAM SMITH (26) and GEORGE SAUNDERS (17) to burglary in the dwelling-house of Cornelius Cox, and stealing a basket and certain articles of plate, his property; Smith having been convicted of felony at this Court in 1877.— SMITH— Five Years' Penal Servitude. SAUNDERS— Twelve Months' Hard Labour and. [Pleaded guilty: See original trial image.]
412. JAMES DOOGE (35) to stealing a pair of boots, the property of Ebenezer Chambers, after a conviction at Clerkenwell in April, 1875.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
FOURTH COURT.—Tuesday, March 18th, 1884.
Before Robert Malcolm Kerr, Esq.
MR. HICKS Prosecuted; MR. PURCELL Defended.
ANNIE MILLAR . I am employed by Mr. McMertry, a baker of 19, Norton Folgate—on Feb. 25 the prisoner came in and asked me if I could let Mr. Brown of the Unicorn have some silver—we serve Mr. Brown with bread—I went and spoke to Mr. McMertry, who went upstairs and brought the silver down and was counting it in the parlour—I asked the prisoner, who was standing in the shop, if he had any gold with him, and if he would take 2l. or 3l. of silver with him—he said that he had not, but he wanted to know how much Mr. McMertry could spare—I want in and came back and told the prisoner 10l.—he left, and came back in 10 minutes with a cheque for 10l. signed "F. Brown" and not crossed—he said "Some of it will do now and the rest in the morning"—I gave it to my master—he came out with a bag and the cheque and went out with the prisoner, who I did not see again till I picked him out from nine other at the police-court on 4th March—I am sure he is the man.
Cross-examined. It was about 5.40 when he came in—I had never seen him before—Christiania McCloud was in the shop—three of us went to the station together; I went in first and Mr. McMertry next—I said "He is the man," not "He looks like the man"—before I went up to him I hesitated and then looked till I was certain, but directly I saw him I knew him.
Re-examined. He was in the shop 10 minutes or a quarter of an hour and was talking to the baby who was in the shop.
JOHN MCMERTRY . I am a baker of Norton Folgate—on 25th February the last witness spoke to me about some change—I went out to the door and saw a person standing at the counter and asked him how much he wanted—he said "All you have got"—he did not say for whom he
wasted it, but I had been told—I went up to my bedroom and got my silver down and counted out 5l.—the girl came in, and I said "Here is 5l. to go on with"—I counted the rest of my silver; there was 12l. worth, and when the cheque was brought So minutes afterwards I put 10l. worth in a bag—this is the cheque; it is on the Central Bank of London, Shoreditch Branch, and signed F. Brown—I put it in my pocket and said "I will accompany you as far as Mr. Brown's and see him"—he spoke to me on the way and asked how business was, and we went in—the prisoner said "Give me the cheque, Mr. Brown is in the parlour"—I refused—I heard the door swing and the prisoner was gone—I saw him next at the police-station with eight or nine others, but could not pick him out; I say now that to the best of my belief he is the man.
Cross-examined. The person I saw in the shop was a stranger to me—Mr. Brown's is about 100 yards from my shop—I have now become certain that you are the man—I only saw your side face at first, and then I gave you the benefit of a doubt.
CHRISTINIA MCCLOUD . I am the prosecutor's niece and am employed by him—on 25th February I was in the shop with Miller—the prisoner came in about some change—he went out again and came back in about 30 minutes and brought a cheque—he left about 6.80—I saw him next in Commercial Street with six or seven others and picked him out.
Cross-examined. There were no other customers in the shop—I had the baby, and the girl was attending to the customers—the gas was slight—the person who brought the cheque was a stranger to me—Mr. McMertry went into the room at the station first, I am sure of that—we had no conversation when he came out—Mr. Allen also went in before me—the detective Counter was there—the prisoner was wearing a light overcoat, some of the other men had overcoats and some not—I did not see the prisoner sitting on a form at the entrance when I went into the station.
FREDERICK GEORGE BROWN . I keep the Unicorn public-house, Shoreditch, and deal with the prosecutor for bread—this cheque is not drawn on my account or on my bank, nor did I sign it—this is not my signature nor is it signed by my authority—I never saw the prisoner before.
ALFRED ALLEN . I am manager to Mr. Brown—on 25th February about 6.30 the prisoner came in—he did not call for anything, but I heard him ask the boy where we got bar bread—I told him at Mr: McMertry's, 19, Norton Folgate, and he walked out—he came again about 6.30 with Mr. McMertry, who spoke to me, and the prisoner immediately rushed out—I next saw him on 4th March at the police-station and picked him out from eight or nine others—I am positive he is the man.
Cross-examined. The gas was alight—he just asked the question and walked out—Mr. McMertry was very much upset—I am sure it was the prisoner who came in with him—he is quite a stranger to me—I did not see him sitting down by himself before I picked him out, or if I did I did not recognise him—I don't remember saying "I saw you with two others when I first went into the station."
CHARLES BLACKLOCK . I am a clerk at the Shoreditch Branch of the Central Bank—this is one of our cheques; it was issued to Charles Bryant—the prisoner opened an account in January, 1883, which was closed on December 31st—the cheques were not all used and they were not
returned to us—we have no account in the name of F. Brown—I received a letter from the prisoner on 26th Feb stating that he had lost a cheque, not a cheque-book, the week before last—it was before any suggestion of a criminal prosecution came to our knowledge.
Re-examined. I have no cheques of Charles Bryant with me, but I find a similarity between the writing of this cheque and Bryant's—when the cheque first came under my notice I compared it with other cheques which have been paid—this letter is written not exactly in the same style, but it is very similar.
ELI COUNTER (Detective Sergeant). On the 4th of March, in consequence of a description, I took the prisoner and told him he would be charged with attempting to obtain 10l. on a forged cheque on the 25th of last month—he said "I don't know anything about it, I lost my cheque-book about a fortnight ago in Liverpool Street Station, and I did not think it worth while to write to the bank, as I had no account there"—he was taken to the station, placed with nine other men, and the witnesses identified him—I found these other cheques at his house—he said that it was his writing.
The prisoner received a good character.
GUILTY of uttering. — Twelve Months' Hard Labour.
PLEADED GUILTY to the Second Count only.
FREDERICK AUGUSTUS KEER BENNETT . I am a barrister, of 1, Brick Court, Temple—on the 18th December the prisoner called there and gave me this card, "Miss Walker, Wooller, Northumberland"—she said she was the sister of Dr. Walker, who I have known some years, and had come up with him a few days ago and he had left town, and she had gone to see an old servant who was living at Kichmond, who was in difficulties, and an execution was in the house for 40l.; she had got 20l. and wanted 19l. and a few shillings, and if the money was not paid the goods would be sold at 2 o'clock that day; that she had written to her brother, who had sent her a telegram saying that the money would be sent, but could not arrive till next day, which was too late, and she showed me a distress warrant—I gave her this cheque for 20l. (produced) payable to "Miss. Mary Walker," or "order," it is endorsed "Mary Walker"—it passed through my bank and was paid—I never saw her again till I gave her in custody.
Cross-examined. It was about midday—I went to the station and identified her ten weeks afterwards—I had never seen her before or since—I am a friend of Mr. Frewin who arrested her—I examined a card which she had left with him, and we made up our minds that she was the same person—I did not pass her at the station without noticing her sitting there—I said "Is she here?"—they said "No, you must identity
her in the proper way," and she was put with three others, and I identified her.
Re-examined. This is the card given to Mr. Frewin (produced)—I have no doubt the prisoner is the woman.
HELLWARD TRELAWNEY BARCLAY . I live at 88, St. James's Street—the prisoner called on me last December, and said that she came from New market, and was the sister of Mr. Barrow, the veterinary surgeon, and had come on an errand of charity to help a Miss Brown, a relation of Weather by the trainer; that they had collected 30l. at New market, but the debt was 51l., and she wanted 20l. 1s. 6d. to make it up; that she was going back that night and her brother would send it and I should hare it next morning—I believed her and gave her a cheque for 20l. 1s. 6d.—I stopped it directly she was gone, but she was too quick for me, it had been paid.
Cross-examined. I saw her next in a Hansom's cab, being taken to the 'station, and recognised her at once—she came between 11 and 12 o'clock, and the conversation lasted ten minutes or a quarter of an hour.
Re-examined. I have no doubt she is the person.
WILLIAM COPSON (Policeman). On the 6th of February Mr. Frewin gave the prisoner into my charge and she was put into a cab—she said "I admit having money from several gentleman, 20l. from Mr. Bennett," and then she said 25l.—she said she lived at Nichol Villas, Hampstead, but at the station she refused her address.
Cross-examined. One person came to the station who did not identify her, but Mr. Bennett did—I do not know that plenty of other people were brought in who said she was not the woman.
She then PLEADED GUILTY** to a conviction at Clerkenwell in February, 1875.— Five Years' Penal Servitude.
MR. FULTON Prosecuted; MR. BURNIE Defended.
WILLIAM JAMES KELLY . I am a military draftsman in the War Office, and have been there nearly thirty-four years—in March, 1882,1 wanted a small sum of money, as my wife and family were ill—the prisoner, whom I knew, said he could get me a small amount, he said he had been a surgeon in the 40th Regiment—I gave him this bill (produced) to get discounted for me, it is drawn by him, and I accepted it on the 17th of March—he was to bring the money to me—he took it away and I saw him a few days afterwards—he said he had not been able to discount it yet, but he expected every day to have it—on the 28th March I went with Mr. Burber and saw him at his house; I asked him about the bill, he still said that it was not discounted; I told him I heard that it had been discounted—he said that it had not—Mr. Burber said he heard there had
been a cheque for the amount—he still said that it had not been discounted—this cheque (produced) does not bear my endorsement, nor have I received any portion of the proceeds—I said "If you have put my name at the back of that cheque you have committed forgery"—I also I gave him another acceptance for 21l., dated March 28th, believing his statement that he had never been able to get the first discounted—he said he could let me have a little money, and produced a 5l. note, and asked me to let him have 1l. out of it, which I did—that was on the 23rd or 24th, before I gave the second acceptance—I was subsequently sued on both those acceptances by Mr. Davis, and was made bankrupt in consequence of this matter—I then applied to a Magistrate at Marlborough Street and was told to give him in custody—the police said that I ought to have a warrant and I went to Bow Street and got one.
Cross-examined. I received certain information and accused the prisoner of forging my name to the cheque, and he denied it—I then gave him another acceptance, because he said it was not done—about three months afterwards I gave him a third acceptance, but I could not say the date—every time I saw him he said it would all come right, he would do everything—he has paid me money from time to time—he said "I can let you have a few shillings to-day," and I took it, but nothing on the bill—Captain Burber brought me the 5l., that is the only sum he brought me from the prisoner—I have no recollection of his giving me 1l. 6s. in April, 1882, or 2l. 10s. on 15th April—he gave me no money—the prisoner gave me 10s., but I do not know the date—I have had various small sums from him—when I was sued I took the cheque to the prisoner, and he said "You need not worry, I will see Mr. Davis," and so I thought it was all right—I did not defend the action—I applied for a warrant for felony at Bow Street—I told the chief at the War Office that I was served with a bankruptcy notice—he said "Can you prove it is a forgery?"I said "Yes."
Re-examined. The judgment was in the summer of 1882, but the bankruptcy proceedings were only recently brought against me—every time I was served I took the paper to Thomas, and he said he would see that it should be all right—the total amount he gave me was about 2l. 10s., but I never had a farthing on this acceptance—it is a rule that if any person in the War Office is made a bankrupt he has to satisfy the authorities that it is a fraud.
WILLIAM HOWLE BURBER . I live at 69, Finborough Road, SouthKensington—I was formerly in the Army—in March, 1882, I received information that the prisoner had received a cheque from Mr. Davis for Mr. Kelly, and on 28th March I went and saw the prisoner and asked him if he had received a cheque for 17l. or 19l.—he said that he had not—Mr. Kelly had introduced me to the prisoner—Mr. Kelly said, "If you have received a cheque and endorsed it you have committed forgery"—he denied it from first to last—I afterwards saw Davis.
Cross-examined. That was some months afterwards when I called with Berend after the bankruptcy proceedings—I saw Mr. Davis several times before I saw the cheque—I did not hear about the cheque from him in the first instance—it was I who gave information to the prosecutor about the cheque—the endorsement bears no resemblance to his writing—I have received payments from the prisoner from time to time for Mr.
Kelly, I cannot tell you the dates—these are my initials in this book—I received 2l.10s. from him on 15th April, 1882, and paid it over—I don't remember the payment in 1883—this is not in my writing at all, it is the prisoner's writing—2l. 10s. is the only sum I received from him for Mr. Kelly in 1882.
Re-examined. This entry, "Mr. Kelly, 10s.," on 15th April, is mine—I received 2l. 10s., and here is my receipt for it; I handed it over to Mr. Kelly; that was in 1883—I also received 5l. in 1882—whether this diary is 1882 or not, the 2l. 10s. was in 1883, and had nothing whatever to do with the acceptance on which Mr. Kelly has been made bankrupt.
RICHARD DAVIS . I am a solicitor, of 9, Old Jewry Chambers—on 21st March, 1882, the prisoner came to me to discount this acceptance—I gave him 1l., and told him to call again for the residue—in the meantime I made inquiries—he called again on 23rd March, and brought me this open cheque for 19l., payable to Mr. Kelly's order; it was duly debited to my account—on the bill maturing I tool proceedings against Kelly on that and another bill for 21l., which was discounted for Thomas on special terms, 8l. by cheque, 2l. for discount, and 11l. for an old debt—there were eight or nine, adjournments, and Kelly was adjudicated bankrupt a fortnight ago—I began the proceedings against him on 22nd September, 1882—they were allowed to drop by arrangement—when the proceedings commenced against Kelly I did not hear that he had not received a farthing for the first acceptance—I never heard that Thomas was the only person who received a farthing out of the first bill, until criminal proceedings were taken—I first heard in November, 1882, that Kelly alleged that Thomas had defrauded him out of the first acceptance.
Cross-examined. The prisoner's signature is in his ordinary writing, there is no attempt to disguise.
By MR. FULTON. The whole of this letter of 22nd August, 1883, is in the prisoner's writing.
WILLIAM WALKER . I am a clerk at the Union Bank, Chancery Lane—R. Davis was one of our customers—the cheque dated 23rd March, 1882, for 19l. was duly paid by me across the counter on 23rd March—it purports to be endorsed by Mr. Walker—it is quite regular, I believe—it was late in the day.
GUILTY on the second count of stealing the money. — Five Years' Penal Servitude.
There was another indictment against the prisoner.
MR. CULPEPER Prosecuted; MR. SCALES defended at the request of the Court.
ELIZABETH COOPER . I live at 7, Beech Street, Barbican—the prisoner was in my service—I gave her 3l. on 25th February, and told her to take it to Copestake's, Gheapside, and pay 2l. 4s. for a parcel which she was to bring away—she went away and never returned—I saw her next morning in custody; I did not speak to her; she said she had lost the money, nothing else.
Cross-examined. The 3l. was in gold—the told me she had a ten-months' character when she came to me; I described her to the lady who gave her
the character, and I believe she was the same girl; the lady said she was honest, and that she had trusted her with money—she was out a nervous girl; she showed no symptoms of nervousness when charged with it.
JAMES WACKETT (City Policeman). I went to 30s., City Bars, Golden Lane, and saw the prisoner there—I told her I was a police-officer, and said, "What did you do with the 3l.?"—she said, "I lost it; I wrapped it in paper and put it in my bosom; I got on the steps of Copestake's, and found I had lost it, and was frightened to return to my place as my mistress might say something to me."
NOT GUILTY .
MR. CULPEPER Prosecuted.
JOHN WESTON (Detective Sergeant). From information received I went to Bishop's yard at midnight on the 8th, and there saw William Baker coining down the ladder from the loft—I asked him what he was doing there—he said, "All right, I only went there to sleep"—I handed him over to another officer and went into the loft, where I saw Ware sitting down with his boots off—I told him I should take him into custody for being on enclosed premises—on the road to the station he said, "It is the first time I went there to sleep"—I returned to the loft, and saw John Baker sitting down putting his boots on—I said I should take him into custody for being on enclosed premises—he said, "I came here to sleep, I know nothing of the job"—at the station Ware was told he would be further charged with being concerned with others in the unlawful possession of eight dead fowls—he said, "I know nothing of them"—in company with Jennings I went to the place the fowls were stolen from, belonging to Madame Clariet, taking all the prisoners' boots—I compared the boots with footmarks on the newly-dug ground adjoining and before you get to the garden the fowls were stolen from, and I found footprints which corresponded in every particular with all the prisoners' boots—there were some footmarks near the fowls' run, corresponding with William's boots—the wire of the fowls' run was broken down in several places as if it had been got over, and the hedge was broken as if some one had got over from the newly-dug garden to where the fowls were.
Cross-examined by Ware. I did not see either of you go into the loft—I saw you there.
JAMES SPRATLEY (Policeman X 265). On the night of 8th March I accompanied Weston to the rear of Bishop's house, and saw William Baker descending the ladder—Weston handed him to me, and I took him to the station—on the way he asked to be allowed to ease himself for a moment—I refused to allow him—he then said "For God's sake let me go home"—I told him I should not—he said "Will you let me take off my coat?"—I told him I should not—at the station I searched him, and found in his coat pockets eight fowls dead, but warm—he said he had bought them at the Feathers public-house at closing time.
seen the dead fowls; I have seen them alive at Madame Clariet's—they are hers—the fowls' run is at the bottom of the garden, close to the District Railway—I left it all right on Saturday evening, and on Sunday morning at 8 o'clock I found the wooden trellis of one run pulled down, and the wire trellis of the other run pulled open.
The Prisoners' Statement before the Magistrate. William Baker says: "I am innocent of stealing the birds. I bought them at the Feathers for 6s., and being very small birds I thought it was enough to give for them." Ware says: "I was not in this man's company. I went with his brother John to sleep at 11 o'clock in the loft, and at 12 o'clock William Baker came in." John Baker says: "I had been at work till 6.15, and went over to the Bull and stopped there playing. Then I went straight up the loft with Ware at 11 o'clock. I am quite innocent of any stealing. I was at work from 9 till 6.15. I never saw either one of the men. It was 10.57 when I met Ware."
William Baker's Defence. I am innocent of the fowls.
John Baker. I know nothing of the fowls.
WARE then PLEADED GUILTY to a previous conviction of felony in December, 1878.— Eighteen Months' Hard Labour. JOHN and WILLIAM BAKER— Six Months' Hard Labour each.
OLD COURT.—Wednesday, March 19th, 1884.
Before Mr. Justice Day.
MESSRS. POLAND and MONTAGU WILLIAM Prosecuted.
Upon the evidence of Mr. William Orange, Fellow of the College of Physicians of London, and Medical Superintendent of Broadmoor, the Jury found the prisoner was of unsound mind and unable to plead. —To be detained during Her Majesty's pleasure.
MESSRS. POLAND and MONTAGU WILLIAM Prosecuted; MESSRS. LOOKWOOD, Q.C., and AURAHAMS defended the prisoners.
The evidence is unfit for publication.
GUILTY of manslaughter.
EMANUEL TRUMAN.— Fifteen Years Penal Servitude.
THIEZA ELIZA TRUMAN.— Twelve Years' Penal Servitude.
NEW COURT.—Wednesday, March 19th, 1884.
Before Mr. Recorder.
MR. FRITH Prosecuted; MR. GEOGHEGAM Defended.
solicitors, of Gray's Inn Square—I came into possession of a considerable sum of money, and Mr. Emerson brought the prisoner to our office early in May last, who said that he wanted to borrow 100l.—I asked him what security he would gire—he said "Some property which my wife is coming into"—I said "She being a minor cannot charge it"—he then said that he would deposit as security some deeds relating to 3, Weymouth Terrace—I said that if the title proved satisfactory the money should be advanced—he said that the house belonged to his mother, but he was the eldest son, and he should come into the property after his mother's death—he produced the deeds then and deposited them at the same time—Mr. Bird looked into the title for me, and in consequence of a communication he made to me I advanced the money—the prisoner kept on calling several times as to obtaining the money on his wife's security, but we could not do anything with that—I got the memorandum of deposit with a declaration attached to it—he brought an old lady and said "This is my mother"—Mr. Bird acted for me, and said to me, "I think you had better leave the room while we explain to the mother what she is signing"—Mr. Bird said to the prisoner "If I had known the state your mother was in we would have had nothing to do with the business"—the prisoner came back into the room after the matter was explained to her, and then she said "I wish my son to have the benefit of this property," and then signed the deed without assistance in the presence of Mr. Emerson, a solicitor, but she was very feeble—this is it (produced)—the receipt for 100l. is in the body of it; it says "In consideration of 100l. advanced"—I paid the money to the prisoner by small instalments, 10l. and 20l. at a time—when I applied for interest he kept putting it off, and saying he would call, and when he did call he had not got any money—I received these letters and telegrams from him, but never got any interest—I afterwards received this letter from Messrs. Brockles by, solicitors, in consequence of which I returned the deed to them, and a declaration was signed by the prisoner's mother—I applied for a warrant against the prisoner, and the Magistrate told me to give him in custody—I have not had my 100l. back or the interest—I have lost the security and the money too.
Cross-examined. Mr. Emerson was acting for the prisoner—he used to act for Bimmer and Brother, money lenders—I did not tell him to take the prisoner to them, as I don't believe they have much to lend—this money was payable on 14th July—I did not find out the forgery till December or January—I wrote to the prisoner many times and was put off by his answers—I have been a solicitor's clerk seven years—that was my first investment in money lending—he afterwards wanted to raise 300l. on his wife's title deeds—this is the cash account (produced) of the amounts I paid him.
Re-examined. I always refused to lend him money on the reversionary interest of his wife, because it was no security.
MARTHA LIDBROOK PEARSON . I live at 3, Weymouth Terrace, Hackney—the prisoner is my son—I never went to Bird and Moore's office or signed any deed or memorandum—I did not authorise him to take my deeds there—I missed them, but I did not authorise him to raise money on them.
Bird and Moore in consequence of a communication with them, which resulted in their being restored.
Cross-examined. I am the family solicitor to the Parsons, and know the prisoner's affairs—his wife is entitled to a fourth share of 1,700l., and to a seventh share of 2,000l., in the event of two deaths taking place—I know that in May or June last he was anxious to raise money on those securities—the deeds relating to 3, Weymouth Terrace were not in Mr. Gardner's hands—there had evidently been a selection made by a person who knew something about convincing—I have deeds here which I obtained from Bird and Moore; there are double the number which are here, but these have been picked out as showing a clear title to Mrs. Pearson; the remainder show that she only had an interest with certain trusts—all the goods Mr. Gardner had have been restored.
HORANCE EMERSON . I am a solicitor, and have acted for Mr. Gardner, and introduced the prisoner to him—I am the solicitor in this case—I was present when the money was advanced—the old woman patted the prisoner on the back and said "My dear boy, you are to have the whole of my property"—he said "Are you willing to sign it?"—she said "Yes, and you are to have the money"—I asked the prisoner if that was his mother—he said "Yes"—when this was discovered I advised him not to part with the deeds; but they were returned.
Cross-examined. I acted for the prisoner in the matter of the loan and now I am prosecuting him—I acted as solicitor to Rimmers, of Holborn, money lenders—the prisoner was introduced by Mr. Sager—he went to Rimmers to raise the money and saw me there—he mentioned that he had come to raise money and I took him to Bird and Moon, as Rimmers do not care for that kind of security, they prefer bills of sale—I know Mr. Adamson; he was was not mixed up in the matter—he proposed that the prisoner should invest some of the money in a public-house—he said that he should like to do it.
Re-examined. At the time I acted for the prisoner I believed he was a straightforward man, but from what I have discovered I am now acting against him.
JAMES ARMSTRONG (Detective V). On 15th February I took the prisoner at Dalston—I told him the charge was forgery and obtaining 100l. From Mr. Gardner—he made no answer—on the way to Bow Street in a cab he said "Gardner, can't we squre this matter; officer, you can square it, can't you?"I said "I have nothing to do with squaring, I have a duty to do"—he said "well, they won't get anything by prosecuting me."
Cross-examined. I did not make a memorandum of the conversation—I belive I told the Magistrate that he said if they prosecuted him they would get no money from him—I have not been cross-examined before as to commissions from my depositions. (The agreement and the letters were here put in.)
Cross-examined. Mrs. Pearson, the wife, was at Mr. Gardner's office—she signed this because she had a reversion—she had no reversion on the documents of title—100l. was advanced solely on the documents of title, and no other money had been advanced—she was entitled to some money under a will, and when she arrived at 21 years of age she was to give me further security, as I thought I would have all the security I could get
from the prisoner and his wife for the person who lent the money, as he was a friend of mine—the 100l. was not lent on the same security, but my client was going to lend him 300l. on these deeds coupled with her security—this was a client of mine in the City—Mr. Bird and I did it because the prisoner was in a hurry to have the money—this was only a preliminary loan.
Re-examined. When Mr. Gardner advanced the 100l. he was satisfied with with Mrs. Palmer's deeds—if he had lent more he would have required further security.
GUILTY .— Nine Months' Hard Labour.
NOT GUILTY .
MR. VLURR Prosecuted.
CHARLES WILLIAM DAY . I am a Hansom's cabdriver, of 38, Buttes and Street, Hoxton—on 28th February, about 10.30, my horse and cab were on a temporary rank in the Strand at the Gaiety Theatre—I went and looked in a picture-shop window for two or three minutes, and when I returned they were gone—I went to Bow Street and gave information—I was going along the Strand the same night and saw the cab being brought along by a constable and the prisoner in charge—the horse and cab are worth 100l., and are the property of Thomas Osborne.
JAMES THOMAS (Policeman E 234). On 28th February, about 10.30 p.m., I saw the prisoner in Southampton Street, Strand, driving this cab and going west—I requested him to stop, as no empties were allowed to go west after a certain time—he did not stop but lashed the horse and me too—I chased him, stopped him, and requested him to get down; he did so—I asked for his badge; he struck me on my chest and ran away—I chased him and took him, but it took four of us to take him to the station—Day was there and identified the cab.
Cross-examined by the Prisoner. I did not tear your trousers and your pocket—you jumped over some railings in Cecil Street and you kicked the other constables very violently—you had a bruise on your face, I don't know what from.
Prisoner's Defence. I had been drinking. I was left in charge of it outside Charing Cross Station.
MR. HOFFMEISTER Prosecuted.
RICHARD WILSON . I am a clerk at 7 and 8, South Place, Finsbury—on 22nd February I was outside the shop wearing this chain with a watch attached to it—10 or 11 people were looking at a stall, and the prisoner was just in front of me on my right and another man next to him—I looked over his left shoulder touching him—I stayed there about 15 minutes, and when I turned to go to tire shop door my chain was hanging down and my watch gone—I sent for a constable and stood at the door watching—I saw
the man next the prisoner put his hand in his pocket—the prisoner then moved back about three paces, and I saw the watch drop from him—he looked down at it and said "Halloa"—I picked it up and said "Halloa, you have got it, have you?"and took hold of him—he said "No, you have made a mistake"—I said "It looks like it, I should think you are an old hand by the way you took the ring off"—the bow was broken—I gave him in custody.
Cross-examined by the Prisoner. I did not see any one take my watch—it was in my waistcoat pocket—I cannot swear you stole it, but I positively swear it fell from your left side either from the bottom of your coat or from your overcoat pocket—you stepped back when I looked at you, and no one else was near enough to drop it but you.
GEORGE MARSHALL . I am 13 years old and live at Haydon Square, Minories—on 22nd February I was at South Place, Finsbury, and saw a man selling books, and saw the prisoner put his hand in Wilson's pocket and take it out and put it into his own pocket—Wilson went away; and just as he came back the prisoner put his hand in his pocket and took out bis handkerchief, and the watch dropped on the ground—Wilson picked it up.
Cross-examined. I was about a yard in front of you when the watch dropped, and Wilson was close behind you.
TURNER HARWOOD (Policeman G 279). I took the prisoner and told him the charge—he said "You have made a mistake, I have not got the watch"—this (produced) is the bow of the watch; it was picked up by a boy and given to a constable, who is too ill to attend.
Prisoner's Defence. I am charged with stealing a watch, which I am entirely ignorant of. It could not have fallen from my coat pocket, for there is no hole for it to fall through. If I had stolen it I should not be such a fool as to stop there after I had got it.
He then PLEADED GUILTY** to a conviction at Clerkenwell in March, 1882.— Five Years' Penal Servitude.
MR. CRANSTOUN Prosecuted.
GEORGE FLEMING . I am a boot and shoe maker of 3, Cambridge Road—I had lost a great quantity of boots, and discharged some men—Detective Rolfe came to me one day, and the prisoner was arrested—there is a bar over my shop door with glass intervening, and it would be possible for a man to get on another man's shoulders and put his hand through and take the boots—there was an odd boot among them—this is it (produced)—these two boots form a pair, one was taken away and the other left—they could not have been taken in the daytime.
WILLIAM ROLFE (Detective Sergeant). On 28th February, from information I received I went to the prisoner's house and told him I was going to take him for having stolen property in his possession—he said "Come out into the back yard"—I did so, and then told him he was suspected of stealing and receiving boots—he took me into a bedroom, unlocked a locker, and produced this odd boot, saying, "I got that from a man, I do not know who he is"—I said "I know where the fellow boot is, this is one of a quantity stolen from Mr. Fleming in the Cambridge
Road"—I took him to the station—he made a long statement to the inspector.
Cross-examined. You are the deputy of a lodging house, and you said you were in the habit of taking in bundles and parcels.
RICHARD WILDLEY (Police Inspector). I saw the prisoner at the station and told him he would be charged with committing a burglary at Mr. Fleming's, 3, Cambridge Road, and stealing a quantity of boots—he said "I shan't," I said "You will"—I sent for a cab and took him to Bethnal Green Station with a prisoner who was charged with another offence"—he said in the cab "I have had this boot in my locker about six months, have not I?"appealing to the other prisoner, she said "Yes"—I said "Why it has not been stolen half that time"—he made no answer—he sent to me at the station and said that he wanted to make a statement—he was brought out of the cell and I said "I must tell you I shall take it down in writing, and if necessary it will be given in evidence against you"—he said that he was not going to suffer for other people, and made this statement, which he afterwards signed (Read)—after that I went to his house and saw the constable find a piece of rag up the chimney, containing thirty-three pawnbrokers' duplicates—that was in a single woman's room, not in a man's room—I went to the pawnbroker's with some of the tickets and a sergeant with others—they referred to these boots.
JOHN PROCTOR . I am in the employ of John Alton, a pawnbroker, of 64, East Road; I produce a pair of boots pledged with me for 2s. on the 24th January, in the name of William Davis, 20, Britannia Street—I cannot tell who by.
FREDERICK JEFFORD . I am assistant to Benjamin Woodlands, pawn-broker, of 30, Hunt Street, Mile End—I produce a pair of boots pledged on the 4th January for 2s. in the name of Ann Parkins, Church Street.
GEORGE THOMPSON . I am in the employ of George Barnes, pawnbroker; I produce two pairs of boots pledged on the 4th January for 2s. 6d. in the name of W. Davis, 16, Dorset Street, and the other one on the 15th January in the same name, but 20, Stewart Street, for 2s.—to the best of my belief they were pledged by a shorter man than the prisoner.
The Prisoner's Statement before the Magistrate. "I never left my house at night."
The Prisoner's Defence. I can prove that I never leave my house after 4 o'clock in the day; my impression is that not having time to destroy these duplicates they were put up this chimney-piece, but I never saw the person and never had anything to do with it. Four men and two lads came home after I was in bed. Davis lodges in the house now. They went out before I was awake; I had cautioned them time after time never to bring things into the house. I spoke about it, but he said he was going down the Lane to buy the fellow boot to it. I said "If you do not I shall burn it." I had it nearly two months, from Sunday, January
6th, till the 28th of February, and when the policeman asked me for it I gave it to him.
Witnesses for the Defence.
EDWARD LANGFORD . I am an army pensioner, of 6, Little Peel Street, Spitalfields—the prisoner is deputy superintendent of the lodging house, and I have lived under him two years—he had charge of the house, and I never knew him go out except in the day time, when he sold fruit in the street—he came on duty between 6 and 7 p.m.—we could not go to bed till we had paid him—when we got up in the morning we found him there—I never saw him with any boots there.
Cross-examined. I sometimes do not go to bed till 2 a.m., as I am subject to stricture, and sit up five or six nights at a stretch—I will not swear that the prisoner does not go out at night—I do not know that a woman named Crockling lives in the house.
NOT GUILTY .
MR. CRANSTOUN Prosecuted.
JACOB GLENSNECK . I am a tailor, of 5, Ann Street—on the 11th of January I shut up my premises about 11 o'clock, and saw everything secure—I was aroused by a noise at 4 a.m., went downstairs, and found the glass of the fanlight above the door broken—I missed about 8l. worth of clothes, which may have been abstracted through the fanlight—I gave information—these clothes are my property.
RICHARD WILDLEY (Police Inspector). Among the duplicates found at the house were these four relating to this coat pledged on the 12th January—the prosecutor's house is not five minutes' walk from the prisoner.
NOT GUILTY .
FOURTH COURT.—Wednesday, March 19th, 1884.
Before Robert Malcolm Kerr, Esq.
MR. GILL Prosecuted.
6th March, about 3 p.m., I was in the back premises, and saw the prisoner walking out of the warehouse into Carter Lane, carrying three prieces of goods like this (produced)—I followed him nearly to Old Change, and then stopped him and asked him where he was going to take them—he said he was going to take them to Mr. Foster or Forrester—I asked him who Mr. Foster was—he said "Following behind"—he turned as if to see if he was coming, and dropped the goods and ran away—I followed, calling "Stop thief!"and he was caught—I took him back to the ware-house with the goods, sent for a constable, and gave him into custody—the goods are my master's property, and worth about 4l. 5s.
The prisoner in his defence stated that a gentleman at the Manchester Hotel engaged him, took him to the warehouse, and gave him the three pieces, telling him to carry them to Cannon Street Station and he would follow; and he asserted his innocence.
427. GEORGE ABRAHAMS and ISRAEL GOLDSTEIN (38) , Burglary in the dwelling-house of Louisa Merlin, and stealing 50 pieces of cloth, value 90l., the goods of Charles Kempton. Second Count, receiving, and a Third Count charging burglary in a shop instead of in a dwelling-house.
MESSRS. MEAD and GOODRICH Prosecuted; MR. M. WILLIAMS defended Abrahams, and MR. KISCH Goldstein.
GEORGE HURFORD . I live at Newport Dwellings, Soho, and am in the employment of Mr. Kempton, who trades as Kempton and Co., at 32, Argyle Street—on the 20th August I saw the premises safely locked up—next morning they had been broken into, and the greater part of the stock, consisting of over 50 lengths of cloth, removed—I immediately gave information to the police—I have been shown about 12 pieces which I identify as Mr. Kempton's property—I had cut a garment out of one of the pieces, and I recognised it in that way—we keep a standard pattern-book, which contains patterns of all the cloths we buy; I handed it to Inspector Turpin—it contained patterns of those we lost—I have seen other patterns produced by Turpin, 33 of which agreed—I saw some black pieces, a great number of which agreed as to pattern, but I am not so positive with regard to them—the value of the cloth lost was about 90l.—when I gave information on 21st August I gave Inspector Scott some patterns.
Cross-examined by MR. WILLIAMS. 33 or 34 pieces have since been shown and identified—I cannot tell the number of pieces lost—I did not give Scott patterns of all I lost—I cannot tell how many I gave him, it was on the morning of the robbery, and I was excited.
HENRY SCOTT (Police Sergeant C). On 21st August I had roformation of this robbery, and Hurford gave me about 12 coloured and black patterns, which I took to Abrahams, who then had a shop at 4, Warwick Street, Regent Street—I showed the patterns and asked him if he had purchased any like that—I told him there had been a large robbery of
cloth, and that the patterns were portions of the goods stolen from Argyle Street—on the 23rd I went again with further patterns I had received; he would not look at them, he said he had neither sold nor bought any.
Cross-examined by MR. WILLIAMS. I have not got the patterns I took with me, they are lost—it is seven months ago since the robbery occurred—these are some of the patterns I took with me on the 21st, all I am able to produce—I could not swear if I took any of these on the 23rd—Abrahams has for some years carried on a trade in cloth and velvet.
THOMAS WAY . I am a tailor, of 287, Edgware Boad—I have seen some cloth here and at the police-court which was sold to me by Abrahams on 23rd or 24th August last year—I think it was brought to my shop on 23rd, and I paid 60l. for it on the 24th—these are the invoice and receipt—Abrahams wrote the receipt in my presence—I have not seen Goldstein to my knowledge—a man was with Abrahams who brought the goods from his trap into the shop; I could not say who it was—about a month ago Turpin and Mr. Kempton came to my shop and made a communication to me—I keep a standard book of patterns containing patterns of all the cloths I buy—it contained patterns of the cloths I bought from Abrahams—I handed that book to Turpin, and afterwards gave him about 12 pieces of cloth, which were the only pieces left of what I had bought from Abrahams—I cannot say how much there was in each of them; some would make a garment, some would not.
i Cross-examined by MR. WILLIAMS. I believe our firm has known Abrahams something like 10 or 12 years—I have had other dealings with him in cloth—it was a usual invoice and receipt for 60l.—I thought it was a perfectly bond fide and honest transaction—he brought the goods in his trap on the 23rd, left them for approval, and I received the money on the 24th, so that I had the cloth for the whole day.
NEWMAN TURPIN (Inspector C). On February 14, in company with Mr. Kempton, I went to 287, Edgware Boad—the standard book was produced, and we saw the patterns, and took 32 coloured pieces, which I produce now—Mr. Kempton and Mr. Hurford also supplied me with pieces which I have compared—they correspond except one piece, which is missing—34 pieces were stolen; I had 32 which corresponded, and one I have had since, so that I have had 33 out of 34—I have measured the pieces—the measurements in the standard books of both agree as nearly as possible—Mr. Way gave me certain information, and then I went to Mr. Abrahams and produced the 32 pieces I had received, and said "34 pieces of cloth were stolen from these gentlemen's premises on 21st August; I find that on 24th August you sold these 32 pieces out of that 34 to Mr. Byford, of Edgware Road; I want to know from whom you got them?—he said "I have no recollection of any such transaction"—I said "Surely you must recollect, it is a large transaction; Mr. Byford says he paid you 60l. or 70l."—he said "I have no recollection of any such thing; I have sold Mr. Byford a few remnants"—I said "I am not talking of remnants, I am talking of lengths of cloths 6, 4 1/2, and 1 1/2 yards long"—he again said he had no recollection of any such things—as for his books, he said he could not read or write, his son kept them—I asked for his son—he said his son had gone to Australia—four books were produced—I asked who kept them now, and a boy 10 or 12 years old was shown—I asked the boy in the prisoner's presence to point out where the things were entered in the book—the boy said they were not
entered—I again pointed out the largeness of the transaction—I suppose the conversation lasted about half an hour; the prisoner kept on repeating that he had no recollection of it; he only dealt in remnants, and never sold any pieces of cloth to Mr. Byford—I said "Perhaps if you come with me to Mr. Byford's and see Mr. Way, who bought the cloth, you would be able to recollect something about it"—he said "Perhaps you are talking about some pieces of cloth I bought from my brother-in-law, Goldstein; Goldstein came to me and said he could not find a customer himself, but if I found a customer to buy the cloths he would give me 4l. or 5l. I consented, and took the cloth to Byford, who bought the cloth"—I asked him to accompany me to Goldstein, whose place was 54, Marshall Street—I asked him to point me out the shop that Goldstein used to keep in Little Windmill Street—he did so—I could not hear of Goldstein, and I then left, saying I should see Goldstein in the evening—I gave instructions for the apprehension of Goldstein, and the same night saw him at the police-station at 9.40—I sent for Abrahams, who came, and in his presence I said to Goldstein "34 pieces of cloth were stolen from a tailor' shop in Argyle Street on 21st August—I find on the 24th, 32 of these pieces were sold to a Mr. Byford, a tailor in the Edgware Road, by Abrahams; Abrahams said he got them from you, and sold them for you, and you gave him a commission of 4l. or 5l.; it is still open for you to give an explanation"—he said "I only deal in remnants"—I said "I am not talking of remnants but of pieces 6, 4 7/8, and 1 1/2 yards long"—I said to Abrahams "You had better say to him yourself what you say about them"—Abrahams did so—Goldstein said "Yes, but it was only remnants I bought, I only deal in remnants"—Abrahams did not mention the amount of money, and he could not remember how many pieces—Byford's, the tailor's was mentioned—the case came on next morning before the Magistrate, and I went to Mr. Byford's and took possession of the 12 pieces of cloth, the remainder of the 32—I took Abrahams in custody, and said "From what I hear this morning you alone sold the cloth, and Goldstein, if it was Goldstein, took it into the shop; I shall charge you, and take you before the Magistrate as well as Goldstein"—he said "I did not know it was stolen"—he was charged, and repeated the same remark—Abrahams carries on business as a piece broker, &c, at Gower Street, St. James's.
Cross-examined by MR. KISCH. Goldstein had a shop some years ago in West Street—there is a distinction between remnants and pieces of cloth—Goldstein said he dealt in remnants—he also carried on business in Windmill Street—it would be the ordinary business of a piece broker to deal in remnants—it was not quite on Abrahams's statement that I ordered Goldstein to be arrested—I had heard nothing from anybody else with reference to this charge except Abrahams—Abrahams said to him "I was talking about the pieces of cloth you brought to me and asked me to sell for you, and I took to Byford in my trap and sold them there, and you gave me 4l. or 5l. for it"—that was all he said—Goldstein then said "Yes, it was remnants I bought; I only deal in remnants"—the subject matter of this charge was not understood to be remnants—I have some accounts taken from Goldstein showing he has purchased from time to time from different persons cloth to the amount of some 100l.—these (produced) are some of the invoices.
Cross-examined by MR. WILLIAMS. Abrahams was attending as a
witness at the police-court when I took him into custody—I had warned him on the previous night to be there—the two prisoners are brothers-in-law.
Re-examined. These invoices refer to trimmings and remnants; they go back to 1878.
WILLIAM THOMAS NEW (Detective C). On 14th February I saw Goldstein in Marshall Street, and said "Goldstein, I want you to come with me to Mariborough Mews to see Inspector Turpin"—he said "What does Mr. Turpin want to see me for?"—I said "About some cloths you bought some time ago"—he said "I know nothing about any cloths; if Inspector Turpin wants to see me he must come to me; I shan't go to him"—I said I should take him into custody for receiving a quantity of cloth stolen in August last—he said "I know nothing about it, so help me God; I haven't bought a piece of cloth for over twelve months, except remnants"—I took him to the police-station, where he was charged.
Cross-examined by MR. KISCH. He seemed very much astonished when I made this charge against him.
GOLDSTEIN then PLEADED GUILTY to a previous conviction of felony in January, 1867. Abrahams received a good character. NEWMAN TURPIN then stated that Abrahams had long been a reputed receiver.—GOLDSTEIN— Ten Years' Penal Servitude. ABRAHAMS— Seven Years' Penal Servitude.
NEW COURT.—Thursday, March 20th, 1884.
Before Mr. Recorder.
MR. BESLEY, on the authority of "Reg. v. Bell" applied to have the indictment quashed, as it did not set out that the fraud was a false pretence.
MR. FULTOM, for the persecution, prosecution, contended that the only ground for quashing the indictment would be that it did not sufficiently set out the case which the defendant had to meet; he submitted that could not be urged here, as he had had a full opportunity before the Magistrate of hearing the whole of the evidence against him. The RECORDER could not reverse the decision of MR. JUSTICE MONTAGU SMITH in "Reg. v. Bell and considering the Counts were too general, quashed the indictment.
For other cases tried this day see Essex and Kent cases.
OLD COURT.—Thursday and Friday, March 20th and 21st, 1884.
Before Mr. Justice Day.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. DIGBY SEYMOUR, Q.C., and WABBURTON Defended.
him give his evidence of the 13th of this month—I afterwards saw his dead body at the London Hospital—I produce a certificate of his death.
GEORGE ADOLPHUS BIRD . I am Chief Clerk at the Thames Police-court—I took the depositions on the charge of murder against the prisoner—Thomas Coker was examined as a witness—he was duly sworn—his deposition was read over to him and he put his mark to it—the prisoner was represented by Mr. Lickfold, a solicitor, who cross-examined Coker. The deposition of Coker teas here put in and read as follows: "Thomas Coker. I was an ordinary seaman on board the Alice Holden on the voyage from Tobago to London—the cook's name was Louis Buonaparte—we left Tobago about two weeks before Christmas—on one Tuesday this year, about 12 o'clock midday, we were wearing ship, and the prisoner said 'All hands go forward to stand by the braces'—the cook and myself were at the 'preventer brace' aft, and the prisoner was at the wheel—I left the preventer brace, leaving the cook there, and went to the fore topgallant brace, and the cook asked the prisoner if he should lay the table, and the prisoner said 'No'—the prisoner told the cook to come up and haul in the spanker-sheet; the cook did so—the vessel lay on the port tack and the cook had finished hauling in the sheet, and I saw the prisoner take hold of the cook by the foot and throw him overboard—I didn't call out that there was a man overboard, as I was afraid he might do the same to me—I told the mate five minutes afterwards—there was no effort made by any one to save the man—it was not blowing hard and a boat could have been put out—from the day we left Tobago the prisoner was in the habit of chastising and beating the cook—the cook was a coloured man—after the death of the cook the prisoner called me into the cabin and said When you get to the shipping-office, and they ask you about the cook, you must say that the foresheet knocked him over, and I didn't treat him badly'—this morning the police gave me a letter to take to the prisoner, I gave it to him, and he said 'If it is anything concerning the cook you must say "No"'—the crew consisted of nine men—the cargo was sugar and rum, molasses, and hides." Further examined. When I was at the foretop-gallant-brace I heard the boom flapping about, and that called my attention aft—I heard the wheel, spinning round and I looked and saw no one at the wheel, and it was then I saw the prisoner throw the cook overboard—the cook was sitting on the railing of the poop, he was holding the spanker sheet in his hand—the cook's face was towards me—there was a stormy breeze blowing—the deck of the ship was wet amidships, but aft it was dry—it was about 10—after this happened the prisoner spoke to me about it—it was amid ship, and the prisoner came to me and asked me if I had seen the cook—I said "Yes"—he called me into the cabin and told me that if I was asked about the cook when I went to the shipping office I was to say that the flapping of the mainsheet knocked him overboard, and I said "Yes"—I shipped in Tobago—I remember the dav after we left Tobago—on that day I saw the prisoner beat the cook with a stick and break it over him—it was a good hard stick, a walking stick like iron—I saw the cook go into the galley, and the prisoner followed him into the galley, and I saw the prisoner kick him with his sea boots and say "You son of a b——, I'll kill you before we get to London"—he kicked him in the privates, which were swollen—between that day and Christmas Day the prisoner was continually flogging the cook with a
stick, I don't think an hour passed without prisoner flogging the cook—on Christmas Day prisoner told the cook to bring all the knives to the open hatch, the cook brought them to him—I heard the prisoner say there was one short, the cook said it was lost in Tobago, and that he would pay for it—prisoner went into the cabin for a stick—I saw him come out with the stick, and he flogged the cook with the stick all over the deck till he broke it—the cook was going overboard and the prisoner got another stick from the cabin—the cook was going over the bowsprit, and prisoner told the first and second mate to haul him in and lash him to the fore-rigging, and prisoner broke the second stick over the cook and said "This is the day Jesus Christ was born, and I'll put sense into your head"—the prisoner was beating the cook for about half an hour—I saw the prisoner beat him again at sundown that day—the cook's head, hand, wrists, and feet were cut and swelled, and he could scarcely use them—I used to help him do his work—after Christmas Day the cook ached so that I used to near him groaning in his bunk—the prisoner did not stop flogging the cook one day from the time we left Tobago till he was thrown overboard—the cook was about thirty years of age and was a big man—he always ran when the captain beat him, and did not resist at all.
Cross-examined. On Christmas Day the prisoner had the cook fetched back to flog him—we had a boatswain on board, and Mr. Dobbee, the first mate—they are two powerful men—the cook slept in the boatswain's place—the cook was shipped at Surinam, I Believe—I am a carpenter by trade—this is not the first ship I have been on board—prisoner shipped me as ordinary seaman, but he discharged me as boy—if I had been discharged as an ordinary seamen it would enable me to ship again with better wages than if I had been discharged as a boy—I have not been in prison at Tobago—I was in the hands of the police once for being drunk—I have never been before any Court at Tobago—prisoner had a lot of walking sticks in the cabin—we had no sugar-canes on board—they were not sugar-canes that the prisoner flogged the cook with—I do not know the month or the day of the month On which day Christmas falls—I go to church—Christmas falls in October—I do not know what month we are in—I do not know what month last month was or what next month will be—prisoner confined all his attention to beating the cook—the mate and second mate lashed the cook to the rigging and saw the prisoner beat him for half an hour—it was before 7 o'clock in the morning when the cook was dragged back from the bowsprit—he was lashed to the fore-rigging about 7 and he was untied about 7.30, and during all that time prisoner was beating him with sticks and striking him hard blows on all parts of the body, from head to foot—prisoner said "Now you may go overboard"—when released he went into the galley and got breakfast and did his work as usual—he took the breakfast into the cabin—he cooked our dinner that day—he went about as usual and did his work about the ship—there was extra cooking on Christmas Day—I do not know what part of the ocean we were in on Christmas Day—it was 12 o'clock when the prisoner threw the cook overboard, it was then blowing hard—the water was not going over the hatches—I saw no other vessel on the day the cook was drowned—the ship is a small vessel of 200 tons—all hands were on deck when the cook was thrown overboard—the ship was going on the starboard side and we were tacking to port—it is usual
when doing this for the captain to take the wheel and for all hands to attend to the sails—I do not know where the cook's proper place was, but I know the prisoner called him aft—we have tacked in the same way before, and the cook was at the foresheet—the spanker sheet is not furled before we begin to wear the ship—on that day the trysail was furled as in the plan produced, and it remained furled all the time we were wearing the ship—the spanker sheet is to let the boom out—the prisoner generally attended to the spanker boom, but not on that day—it would be the cook's duty to be on the port side of the foresheet—the ship was not rolling at the time we were wearing ship—the ship was not under water at all during the time we were wearing ship—the prisoner said the port affray was two feet under water—the boatswain rope's-ended me once, he said I was stealing part of the cargo—I did not steal any sugar, I took some to sweeten my tea—I went down into the hold to get it, there was a hole ready made—I did not take out a knife to the boatswain and say I would use it—the boatswain did not say he would rope's-end me again if I did such a thing—I took out a knife to him and he took one out to me—I put my cross to the log—the prisoner told me it was accounting for how the cook was missing—we arrived in London the week before last, on a Tuesday—I went outside the docks—I went to the Board of Trade office to be paid off the day after we came to London—I heard them there asking the mate whether the entry in the log of how the cook went overboard was correct—the mate said "Yes"—all the crew were present—I did not say anything—the person at the Board of Trade asked the mate whether it was heavy weather, and whether a boat could put off; the mate said it was heavy weather—the men belonging to London did not say anything about the cook having been thrown overboard, end so I did not—the prisoner told me the Saturday after we arrived in London that if I did not work better I would be discharged—I was discharged oh the Monday and it was after I was discharged I gave information to the police—it was after I had been threatened to be discharged from the ship that I made the complaint against the captain—I think I was discharged on the Tuesday by the over looker—when the cook was thrown overboard I was hauling the foretop-gallant brace—when I heard the wheel spinning round I turned my head. Re-examined. When I spoke to the police about this they first came to me—I was carrying something from the shore to the ship when the police first spoke to me—I had not then been discharged from the ship—I had not been discharged on the day when I came here to give evidence; I was discharged the day after I had been here to give evidence—I gave my evidence on a Monday—my friends live in Tobago—I shipped for the voyage from Tobago to London and back the prisoner told me the day I signed that he could take me back.
THOMASKENNEDY DOBBBEE . I live at Glasgow—I was first mate of the Alice Holden, a vessel sailing under the English flag—this (produced) is the certificate of her registration—I joined her at Greenock on 16th July, 1883—the prisoner was the captain—the crew consisted of eight persons besides the captain and myself—we left Tobago, one of the West India Islands, on 27th November for London—Louis Buonaparte, a coloured man, was cook and steward—he shipped at Surinam—Thomas Coker was an ordinary seaman, about 18 or 20 years of age—I heard the captain
frequently complain of the cook about the un cleanliness of the food—on Christmas Day, shortly after breakfast, between 8 and 9, the cook was going from the cabin to the galley; the captain took a dish out of the cook's hand and threw it at him; there was a piece of beef on the dish—the dish broke, and it cut the cook on the eye and on the cheek; he bled—he afterwards went over the bowsprit on to the bowsprit shrouds; the captain followed him and ordered him in again, and when he came in he gave orders to make him fast—I and Coulson made him fast to the forestarboard rigging, and the prisoner took a stick and struck him several times with it; it was an ordinary walking-stick; he hit him with the big end of it, on the head and shoulders, several times—in a short time he was let go; he was still bleeding from the wound on the face; he was then taken to the lee-scuppers, and the prisoner washed his wound and put some plaster on it—between Christmas Day and the 10th January I saw the prisoner frequently striking the cook with a stick, it was a daily occurrence—the stick was kept in the cabin—the captain struck him on the arm, sometimes on the head, and on the left side—his left arm was disabled; he showed it to me a few days after Christmas; it was all swelled down the arm and wrist—he was beaten with the heavy end of the stick—I spoke to the captain about it once or twice; I said that I didn't think he would do the cook any good by thrashing him with the stick; I don't recollect his answer—they were very hard blows—on Thursday, 10th January, I was on the watch from 8 o'clock in the morning till noon—Coulson was at the wheel from 10 o'clock till noon, when the prisoner went to the wheel and relieved him—we wore going to wear the ship; we were on the port tack, and we were going to wear to starboard; ill hands were wanted for that—Coulson, when he was relieved, went forward to assist with the braces—this model (produced) is a correct model of the vessel—I was at the fore-end, before the fore-rigging, on the starboard side, at the cathead; I was letting go the starboard jib-sheet—the rest of the crew were at the starboard fore-rigging—I didn't see the cook or Coker—nobody was aft the fore-rigging—it took us about a quarter of an hour or 20 minutes to wear the ship; during that time I didn't see anything of the cook or Coker—the captain then left the wheel, and Coulson went and took it—I asked the captain if I should make the mainsail fast; he told me to do ho—he then asked me if I had seen the cook; I said "No"—he told me to look round and see if I could find him—I searched everywhere, but could not find him; I told the prisoner I could not find him—he said, "Most likely he has gone overboard"—I then went up the rigging to assist in making the sails fast, and then came down again in about a quarter of an hour—the captain then asked me to take another look round to pee if I could see the cook; I went round the decks and searched, but could not find him—it was not extra bad weather at this time, an ordinary gale of wind, a moderate gale—the height of the bulwarks amidship was from three to four feet—later in the evening the captain asked in to write a copy of an entry, to enter in his official log-book; he gave me a copy to enter in my book—this is the official log-book (produced)—it is the captain's writing, I think, and this is my signature—besides this I had to make an entry in the mate's log-book, that is the ship's log; I keep that, and the captain keeps the official log—I made my entry from the copy the captain gave me; I worded it a little different, but something to the same effect—afterwards the crew
came into the cabin and signed the two logs (The two logs were here put in and read)—I believe the logs were read over to the crew, but I cannot say, I was not present when it was read—we arrived in London on 4th February, and were paid off at the office of the Board of Trade.
Cross-examined. I entered in the log that the ship was lurching heavily, that there was a heavy sea, and the ship was rolling heavily, the deck full of water, and the pumps attended to every half-hour—the ship was in the trough of the sea, rolling heavily—it might be possible that the cook would be swept overboard during one of the lurches, by the fore-sheet, if he had got on the top of the rail, but not if he was on the deck—I never knew him get up on the side of the rail—there is what we call a cleet nailed on to the side of the bulwark for making the sheet fast; it is inside the bulwark—if a man was standing on the cleet he might overbalance—I cannot say whether the captain went to look for the cook or whether Coulson did; I don't recollect any one but myself being told to look for him—the cook was a short, stoutest man, not so tall as the captain—he was about 30 years of age; he might have been more—he was very dirty, and wasteful of the food—it was a matter of constant complaint that the crew were kept without their food in consequence of his neglect, and the dirty condition in which the food was left—the stick I spoke of was not a bamboo cane—I didn't see the captain use a bamboo cane at all, I didn't see one in the ship; it was an ordinary walking-stick—the captain did not complain to me of being badly; he showed me his tongue; it was nothing out of the way, it wasn't black, it looked a little yellow—he didn't complain of being feverish—he was walking the deck with the stick in his hand—I saw one of the sticks broken; I think that belonged to one of the crew; that was the second day after Christmas Day—I did not see the captain break any stick over the cook—it is not correct that I was present from 7 till half-past 7 o'clock in the morning when the captain was striking the cook—I didn't come on deck till 8 o'clock—he was lashed by me and Coulson to prevent his going over-board; we thought he was going to commit suicide, we didn't expect that the captain was going to treat him in that way—I was only present a few minutes when he was being chastised, about two or three minute I should think—it was not half an hour; it might have been four or five minutes altogether, when I left him—I cannot say how long afterwards I saw the captain wash his wounds; he appeared to do it carefully, and put some sticking-plaster on—the cook resumed his duties afterwards as usual—the crew signed the log on the 10th, a few hours after the cook disappeared—I don't recollect whether they signed it again afterwards; I know some of them signed it on the 10th, I signed it first—we had no other mate; the boatswain, Louis Dupre, acted as second mate—I attended at the Board of Trade office with the rest of the crew to be paid, that would be the time when any member of the crew would make any complaint of anything that had gone wrong on the voyage—none of the crew, that I heard, made any complaint on that occasion against the captain.
Re-examined. It was the cook's duty to let go the foresheet on the starboard side; he didn't do it, I let it go; I then went forward—some of the men hauled in the foresheet on the port side—I should not have seen the cook if he had been by the foresheet, from where I was; the captain could see over the top of the house all that was going on—the house is about 6 feet high—I am about the same height as the captain,
and when I am at the wheel I can see over the house and have a view all along.
CHARLES COULSON . I was a seaman on board the Alice Holden—I shipped at London for the voyage out and home—I remember the cook, Buonaparte, he shipped in Surinam—on the voyage from Surinam to Tobago I saw the cook bleeding in the face, but I didn't see what the captain did to him; he was sitting in the cabin at that time—three or four days after we left Tobago I saw the captain beating the cook with his open hands—I saw him many times beating him between that time and Christmas Day: he beat him with sticks—I don't know what kind of a stick it was; I call it a bamboo stick; he beat him with both ends—I call a common walking-stick a bamboo stick—on Christmas Day, at seven bells in the morning, I was in my bunk; it was my watch below; I heard the captain say to the cook "To-day is the day Christ was born, you son of a b——; I will put some sense in you," and he was beating him—I could not say what he was doing to him, because I was on the other side of the forecastle—when I came from there I saw the captain with a stick in his hand, beating him on the head and shoulders, body, arms, and all parts where he could get to strike him—I heard the captain after that say "I am not going to bring you along with me to London; before I bring you to London I am going to chuck you overboard, you son of a b——;" the cook was going to jump overboard, and the boatswain got hold of a be-laying-pin, and jumped over the bulwarks after him, and brought him on deck again; then me and the mate lashed him to the rigging by the captain's orders, and I saw the captain beat him with a stick and a rope—on the day the cook disappeared I was at the wheel from 10 in the forenoon up to 12 o'clock; the cook went aft where the cabin was—the captain relieved me from the wheel, and I was going forward—about a quarter of an hour after I came to the wheel the cook came out with some beef on a plate; the captain called him out of his name, and said that he had too much beef on the plate, and said "You black son of a b—; you take that back"—the captain made him take some of it back—after that the cook brought some water to the cabin to make the soup with—there was no cork in the bottle, and the captain told him to look for a cork, and while he was doing that I saw the captain kick him in the face with his sea-boots—I should say that kicking lasted for three or four minutes—when the captain relieved me at the wheel at 12 o'clock the rest of the crew were wearing the ship—I went forward to the mainbraces on the starboard side—I saw the cook on the port side going after that I heard a shouting aft, and I said to Andrews "There is the captain and cook fighting again"—the shouting came from the port side—I could not say whether it was the captain or the cook shouting, because it was blowing—after the ship wearied the captain called me to take the wheel again—I helped to slack in the foresheet—after I had taken the wheel about 20 minutes the captain asked me if I had seen the cook—I said "No; only when he went along with you"—he said "Don't say that you saw him along with me aft, say that you saw him going forward," and he told me that he had sent him forward to the foresheet—he said nothing more to me then—he went to look for the cook—he went to the galley and fore cabin—at 2 o'clock it was my watch below—I was in my bunk, and the captain came to me and told me to turn out and sign a statement—I was naked, lying in my bunk, and I didn't want
to turn out, and he said "Never mind till 4 o'clock"—the captain then came to me to the forecastle door, and told me to go aft and sign the statement, and he read it out to me in the official logbook, and all hands were signing it except me and Andrews—I didn't want to sign it—I told him that the man was not by the foresheets—I said "I don't like to sign it; when we get to London there will be more about it, and I shall tell the truth"—he said "Do you want to put some nails in my coffin?"—I said "No, sir;" and he said "Would you take me up for manslaughter?"—at 7 o'clock that evening Coker made a statement to me, and I made a statement to the mate at 1 o'clock the same night.
Cross-examined. I signed the statement in the log on the 10th and 11th of January—I was present with the rest of the crew at the Shipping Office when we were paid off—I had no statement to make against the captain then—the stick I spoke of was a light cane, not a very heavy one—I have said that it was a light cane; it was a common walking-stick a bamboo cane is hollow inside—I said before the Magistrate that the captain rope's-ended him—he first used the stick, and then he rope's-ended him afterwards—I cannot say how long he beat him—that was when he was fastened to the rigging—I was in the same watch with the mate—I came on deck at 8 o'clock—I didn't see the cook before the ship wore—I didn't see him come out of the galley; I saw him going aft on the port side—when he was on the after part of the house; he went to his proper place—I didn't see him leave the galley door; I saw him cross in front of the long boat to the port side—he crossed from the starboard to the port, but I couldn't say where he came from—the galley is on the star-board side—I was working on the starboard side—when the captain took the wheel from me I saw the cook pass from the stern of the long-boat amidships and walk on the port side—I never said anything to him; I couldn't see the cook after that, because of the house, from where I was standing—the last time I saw him he was going aft—I didn't see him along with the captain, but I heard the screaming aft—I told the Magistrate I heard a screaming aft—I didn't see the captain and cook having a scuffle, because there was the house there, and I could not see through a lot of bulwarks—I heard the captain many times say he would chuck the cook overboard, and make a hole in the water—I said before the Magistrate that the captain said "I will kill you before I get to London," and I say so now—he also said "I will chuck you overboard," and he used bad language at the same time; he didn't say it once but many times—I had a little dispute with the captain when I was starting on the voyage; I shipped as an abut seaman—he had a second mate at starting, but when the second mate found the captain's character he backed out of the shipping office—I wanted to rate as second mate; the captain didn't refuse me—he said "I will see what is best when wo get outside"—he picked out somebody else; I didn't blame him for that; I thanked him for it afterwards, because no man could have pleased him; I didn't know what he was before I came on board—I didn't quarrel with him about the amount of wages I was to claim; I have never had any misunderstanding with him—he promised me 30s. more because of working short-handed—I spoke to him to let my wife have 3l., and he said 15s.—he didn't say I was wrong in claiming too much; after we came to
London he did—I didn't think he was right—I wanted to find out the owners first, because I didn't like to lose 30s.
JONES ANDREW LUNDGUIST . I am a Swede—I was an able seaman on board this vessel—I remember the day we wore the ship, when the cook was missing—before that I saw the captain beating him with a stock—I assisted in wearing the ship—I was in the jib sheets, on the port side—that is at the fore part of the vessel—while I was there I saw the cook go aft and I saw no more of him—Coker was in the main rigging on the port side—I afterwards knew that the cook was missing and I assisted in looking for him—I afterwards signed the log.
Cross-examined. I was in the jib sheets when I saw the cook—we were hauling over from the starboard side to the port side, and the cook was by the fore part of the after house near the main rigging—that was at the time the ship was going round—he was walking aft.
SAMUEL JOUTSHART . I am a Dutchman—I was an ordinary seaman on board this vessel—I knew the cook—I have seen the captain look him and beat him with a stink and knock him with a plate of beef—on the day the cook was missing I assisted in wearing the ship—I was on the port fore braces and I saw the cook forward of the mainstay, standing—I didn't see him any more, I went to the starboard mainbraces—I didn't see Coker.
Cross-examined. I didn't see the cook pulling anything, I saw him on the mainstay.
RICHARD WILDEY (Police Inspector K). About a quarter to 2 o'clock on the afternoon of Monday, 11th February I saw the prisoner in the West India Docks—I asked him if he was captain of the Alice Holden; I said "I want you to accompany me to the police-office"—he went with me to the office in the docks—I told him I was a police-officer and said, "You are accused of murdering the cook by throwing him overboard and also assaulting him on various dates, more especially Christmas Day, 25th December; I must caution you that if you make any statement I shall take it down in writing and it may be used against you"—I then put down a statement which he made—I read it over to him, and he signed it—this is the statement: "On 10th January at noon in a moderate gale, wore round ship on the starboard tack, master at the wheel, steward coming aft to lay the table; master told him to never mind the table and go and gather in the slack of the lee foresheet—a man Coulson coming to relieve the master at the wheel meets him going to the foresheet at the time when Coulson took the wheel. I saw the man (Buona-parte) at the foresheet, also several of the crew. As the master got to the fore part of the house the ship gave a heavy lurch to leeward, putting her taffrail about two feet under water; and I was up against the fore part of the house on the weather side. All the crew were on the weather side bracing up the main yards. I saw no more of him (Buonaparte), and no one said anything about a man being overboard. I surmise that that sea took him afloat, and the flap of the sheet took him overboard. About a quarter of an hour afterwards I missed him, and he could not be found. That is the statement which was entered in the log
and signed by all my crew." On the way from the police-station to the police-court he said "I did beat him on the legs on Christmas Day, but that was because he spoilt the dinner I had got for the men."
Witnesses for the Defence.
LOUIS DUPREZ . I am a Frenchman by birth—for 31 years I have been accustomed to sea-life—I shipped A.B. on this ship—in going down the river the captain asked me if I would go boatswain, and I said "Yes"—there was a good deal of complaint on board from all the crew with regard to the food and the cook's mode of cooking it, and his care and attention; I have heard the captain reprimand him several times for it; he tried to teach him how to cook, and to get him to be cleaner and more careful in the food—the ship's last voyage was longer than usual; her usual time is 45 days to 50 days; she was about 70 days coming home—I have seen the captain chastise the cook—on Christmas Day I remember the cook went over the bow, and Velasquez told me to go and fetch the man in—he said, "Are you going to jump overboard?"—he said, "No, I am not going to jump overboard"—I said, "No, don't, come in," and then he came in and went towards the galley—the captain said to Dobbee, "Make him fast there"—a bit of rope was put round his waist for a minute or two—Velasquez said to him, "Are you going to jump over-board?"—he said, "No, I was not going to jump overboard, but I was frightened you were going to strike me with that cane you had"—it was a small bamboo cane, somewhere about the size of my finger—Velasquez said, "Why did not you come to me when I called you?"—the captain had called him and he didn't come—he was set free in about two minutes; he was not lashed at all; I don't recollect that anything else was done to him that day—I was told he cooked the dinner after it as usual—I never saw him lashed on any other occasion; I don't know of the captain striking him with the bamboo cane—I have seen him talking civilly to him several times and teaching him how to do his cooking—I have only seen him use the bamboo cane which he used on Christmas Day—I don't know of any cane being broken—I never knew anything about his being kicked with the captain's sea-boots—my berth is in the same place as the cook's—I saw no signs of suffering about him or any marks as if he had been kicked, but I knew him to complain of rheumatics; I knew of no complaint of injury to his person—I remember at one time that he had a swelling of his wrist, but that was from rheumatism—he rubbed on paraffin oil for his rheumatics; the captain told him to use it, he said—I never saw any signs or heard any complaints of his being kicked with the boots—when the ship was wearing on 10th January I went to attend to the mainbraces on the port side, as that was my duty—the captain was at the wheel—I stood at the braces till the captain sang out "All's well"—I did not see the cook, but after the main was squared when I went on the starboard side I saw the cook and told him to go to the foresheets, and he said, "All right, boatswain, I will go to the foresheets," that would be on the port side, because I was slacking away the starboard forebrace—Coker was supposed at that time to be at the lee braces, but there were not too many hands on board, I cannot say exactly where he was—he and the cook and all of them would be on the same side, because there was only me, the mate, and the man along with him at the jib-sheets on the starboard side—I cannot say whether the cook would be by the other men; I ordered him to go to the foresheets, so that he would be 8 or 10 feet from the other men—each man was
doing his separate duty at the time—I did not see or hear anything to indicate that the captain left the wheel—before the ship began to wear the spanker boom was on the starboard side because we were on the port tack—the cook would never be required aft—after we began to wear the captain always used to attend to the boom himself when he took the wheel; he used to unhook the boom to keep it from swinging—I never knew anything of the captain going aft on that occasion until I was clear from the ship—there is a piece of timber called a cleat near the foresheets, where he used to make the foresheets fast to—I have heard that the captain told the cook not to stand on it; I have seen him standing there getting the fore-sheets over the rail—the ship gave a very heavy lurch on that day just when the captain was relieved from the wheel by Coulson, and he was knocked against the harness cask—the ship used to give a heavy lurch—the crew all signed the log one after another; Dobbee signed it first, then I signed it, we all signed it—before we did so we went and looked round to see what had become of the cook, but we could not find any trace of him; I looked, I don't remember whether Coker did, some of the crew did—I went to the boat on the captain's house, but I could not crawl in because there were some ropes there; I sent Coker in, saying "You are smaller than me, you crawl in there, you go in there and see if the cook is there"—he went in underneath the long-boat, and when he came out he said, "There is something in there; I think he is in there"—I said, "Make sure he is there"—he said, "I will crawl away aft and see if he is in there," and he went underneath the long-boat again, and came back and said, "No, he is not there"—he was on the top of the house all the time—we all searched, we went all round.
Cross-examined. I last saw the cook when I ordered him to go to the foresheets on the port side, and he went across—at that time the fore-sheet on the starboard side had not been let go; Dobbee let it go, I suppose not more than a minute after, because I was going to let go the lee brace myself to bring the yard round—all the men except the cook, Coker, and the captain, were on the port side; they had gone over there when Dobbee let go the foresheet on the starboard side—I was slacking the lee brace on the starboard side—when the cook was braced up and struck with the cane, it was because the captain had been calling him and he would not come—it was after he was annoyed with him for trying to jump overboard; he tied him up that he should not do so—the cook said he intended to jump overboard—I do not remember his face being cut on Christmas Day—I remember the captain put sticking-plaster on his face one day, I could not say when—I don't know how has face was cut, he did not tell me, I did not ask him; I heard it was done by the captain, I did not see it done—I do not know that his arm was disabled; it was swollen; I have seen him rub it with paraffin—I have not seen the captain constantly ill-use the cook; I have seen him use the cane to him several times, but not constantly.
Re-examined. That was a small bamboo cane—it was for not having dinner and the grog ready, and spoiling good grog, and wasting the stores, and so on—I did not see him do it every day and every hour during the voyage—I have seen him do it several times—before Christmas the captain was ill, I believe with some sort of fever—when the braces were let go on the starboard side Coulson was attending to the hauling-in of the slack on the port side, and Lundguist and Coker were
supposed to be there, and the cook was supposed to be at the fore-sheet—they would be all at various parts of the ship on different duties—the cook's place is at the fore-sheet, and the other men at the other sheets.
Several witnesses deposed to the prisoner's good character for humanity and kindness of disposition. In reply MR. POLAND recalled:
THOMAS KENNEDY DOBBEE . I served with the prisoner for seven years and saw him every day—the general character he bore on board the vessel was rather harsh—I cannot complain regarding his humanity and kindness, he never showed any unkindness to me—he was a strict man regarding his duty—he bore a middling character among the crew, neither good nor bad.
By MR. SEYMOUR. He behaved well towards the crew as far as I could see—if we were ill he prescribed what he could for us—he did what he could to make the voyage comfortable.
By the COURT. It would be necessary for the cook or some hand to go to the foresheet on the port side after the foreyard was let go on the starboard side and hauled round to gather in the slack—the captain did not let go the wheel till after the yard was hauled round and after the slack of the fore-sheet had been got in, Coulson relieved him then—I could not say whether the slack of the sheet had been taken in or not when Coulson relieved him—after we braced the yards there was some trimming, but the main bulk of the work, the getting it in, would be done before—the preventer brace is right aft—Coker made no communication to me on the 10th, not until the following morning.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. DIGBY SEYMOUR, Q.C, and WARBURTON Defended.
The witnesses in the last case were again examined and repeated their evidence.
GUILTY. Strongly recommended to mercy by the Jury .— Eighteen Months' Hard Labour.
MR. CARTER Prosecuted.
GEORGE CLARKE . I am a foreman at Mr. William Irons's—the prisoner was a carman in his service—on 13th March he had to take six loads of hard core to Mr. Glover—instead of taking six that night he said that he had taken five and a load of rubbish, and he gave me these five tickets purporting to be signed by the foreman of the yard—I do not know the prisoner's writing.
CHARLES WILLIAM BROWN . I am foreman to Mr. Glover—I know the prisoner as carman to Mr. Irons, with whom my employer deals—on 13th March he brought three loads of hard core, for which I signed and gave him a ticket with each load—these other two tickets are not my
writing—I didn't authorise the prisoner or anybody else to write them for me.
Cross-examined by the Prisoner. I forget whether I signed for the first load as you brought it or whether I signed for two next time, and. I signed the third when you came with the third—I was at the works all the time, from 6 o'clock in the morning till half-past 6 in the evening—you only brought three loads, not five.
JAMES ARMSTRONG (Police Sergeant N). I apprehended the prisoner about half-past 7 o'clock on Saturday night, the 15th—he had absconded from the service on the Thursday evening—I told him I should take him into custody for stealing two loads of hard core and forging two receipts respecting the same two loads—he said "Hard core do you call it? it is nothing but dung rubbish"—I said "What about the tickets?"—he said "I was half drunk when I signed them; I should not have done it if if I had not been"—I took him at the office as he came for his money on the Saturday.
Prisoner's Defence. I delivered all the stuff right. I didn't think I was doing any harm; I only put the name down to get myself out of the row. I have worked for Mr. Irons on and off 12 years, ever since I was a boy.
NOT GUILTY .
The evidence in the last case was repeated.
NOT GUILTY .
THIRD COURT.—Thursday, March 20th, 1884.
Before Mr. Common Serjeant.
433. JAMES GOODWIN (18) and HENRY WILLIAM FARRINGTON (19) , Unlawfully obtaining from Henry Lacey two razors by false pretences, with intent to defraud, and other goods from other persons, with a like intent. Other Counts for conspiracy.
MESSRS. POLAND and WARBURTON Prosecuted.
WILLIAM WOODS . I live at Rochford House, John Street, Rye, and am an ironmonger—I caused this advertisement to be put into the Banaar of 5th November, 1883: "Splendid revolver and cartridges, price 30s.; or exchange anything, or a lady's watch"—I received this letter (produced) in reply: "At A. H. Bossom, Esq.'s, 17, Caledonian Road, King's Cross, Nov. 5, 1883. Dear Sir,—I wish to purchase a good revolver and cartridges, and if satisfied with it I will forward per return a P.O.O. for 30s., and if not satisfied with it I will return them at once, safely packed, per parcels post to you. When sending revolver please state where I shall make P.O.O. payable at. Yours truly, O.A. Brinsmead."—I sent the revolver and cartridges the same day to O.A. Brinsmead, at that address—I received no reply and no money—I wrote two letters to the same address, they were both returned through the dead letter office—to the best of my belief this (produced) is the revolver; I can nearly swear to the box of cartridges.
Cross-examined by Goodwin. I cannot swear to the revolver, there might be another similar to it.
of November last a young man whom I do not recollect, but who I believe is Goodwin, called at my shop and asked me to take in letters in the name of Brinsmead—I agreed to do so—a few days after letters and three parcels came, which he called for—they were addressed, "O. A. Brinsmead, care of A. H. Bossom," at our address—he paid me 1d. For each letter and parcel—I saw him about three times—to the best of my belief Goodwin is the young man.
HENRY LACEY . I am a lighterman, of 47, Union Road, Rotherhithe—on 21st November last I caused this advertisement to be inserted in the Basaar: "Two hollow ground razors, in case, cost 25s. Approval, Henry Lacey, 47, Union Road, Rotherhithe"—I received this letter, dated from 82, King's Cross Road, Nov. 21, 1883, with the monogram G. R. (This requested the witness to forward the rozors, and if satisfactory a P.O.O. for 1l. would be sent; returned if not satisfactory. George Anderson.) I sent two razors of the value of 25s. to the address—I was willing to take 1l. For them—I received no payment for them—I did not hear from George Anderson—I wrote two letters, which both came back through the dead-letter office—I believed the statement in the letter to be genuine—I can swear this (produced) is the case and one razor.
JAMES HARMER . I keep a tobacconist's shop at 82, King's Cross Road—about the second week in November a young man called on me; he gave the name of Anderson, and asked me to take in letters and parcels in that name—I arranged for a penny a letter—afterwards parcels and letters arrived, sometimes in the name of George Anderson and sometimes Richard—the same young man called, and paid 1d. for them—I think two or three parcels came—I saw him on several occasions—to the best of my belief Goodwin is the young man—sometimes four or five letters came a day, sometimes six or seven.
Cross-examined by Goodwin. I cannot swear you are the man.
ROBERT JOSIAH HARTLEY . I live at 64, Britannia Road, Brunteliff, near Leeds, and am manager of a woollen mill—I put this advertisement in the Bozaar of 23rd November: "Good, powerful-toned violin, with bow, lock-up case, with spring clasps; price 30s.; approval with pleasure. Robert Hartley, 64, Britannia Road, Brunteliff, near Leeds"—in reply I received this letter. (This was headed with the monogram "G. R." dated 34, Judd Street, W.C., November 23, 1883, and stated that Gerald Robarts wished to purchase a good violin, and if satisfied would forward 1l. 10s., and if not satisfied would return it.) I sent the violin, bow, and case to Gerald Robarts, 34, Judd Street, W.C., by the Great Northern Railway—I heard nothing more from Gerald Roberts—I got no money—I communicated with the police—I have never seen my violin again.
THOMAS LEWIN . I am a foreman porter to the Great Northern Railway Company, at King's Cross—on 27th November I was on duty at the parcels office there—a young man, who to the best of my belief is Goodwin, called between 7 and 8 o'clock in the evening and asked for a violin case in the name of Gerald Robarts—I found I had one addressed in that name and delivered it to him—he signed my book "Gerald Robarts," paid 1s., and took the violin away—the case was addressed 34, Judd Street—it had been taken there and brought back again.
Cross-examined by Goodwin. We have a good many people call—I had not been on many hours then—I noticed you in particular by this parcel having been brought back, and I had to go and look for it.
Farrington. "I called for the violin and signed the book; it is not necessary for my brother to ask these questions."
WILLIAM PEEL (Police Inspector). I first saw Goodwin on the evening he was in custody—he said "I suppose you would like to see me write?—I said "Yes, I may use it against you"—he wrote down several names, which I have mislaid—I only saw him write on that occasion.
Cross-examined by Farrington. I said at the police-court that to the best of what I could tell the signature in the book was Goodwin's writing; it is very like.
Farrington. "I wish to say it is mine."
DANIEL CHARLES CLAYPOLE . I live at Oaklands, Acocks Green, Birmingham—I put this advertisement in the Bazaar on 28th November: "Single-stone diamond pin in gold setting, price 55s., or in exchange for a dog's head, by Ford. George Claypole, Acocks Green, Birmingham."—in reply I received this letter (produced). (This was headed with the monogram "G.R.," dated 34, Judd Street, W.C., November 28th, 1883, and stated that Gerald Robarts wished to purchase a gold diamond pin, and if satisfied would forward 2l. 1s., if not would return the pin, and concluded: "When sending, please address 'Gerald Robarts,' or perhaps some one else in the family may receive it.") I sent the pin to Gerald Robarts, at that address, by registered letter—I received no payment and heard no more of Gerald Robarts—I communicated with the police—I sent post-cards to Judd Street asking for money, and they were returned by the Dead Letter Office—this is my pin (produced).
Cross-examined by Farrington. I know it again and swear to it.
CHARLES WILLIAM ASHBY . I am assistant to Messrs. Best and Bryoe, pawnbrokers, of Theobald's Road,. Clerkenwell—this diamond pin was pawned at our shop on 16th February, for 4l., together with a diamond ring, in the name of Diekson, 15, Milburn Street, by Farrington—I asked no questions; he looked a respectable young man and I thought it belonged to him.
JANS PHILLIPS . I live at 34, Judd Street, Euston Road, and keep a newspaper shop there—some time in the latter part of November Goodwin called and asked me to take in some letters; I can swear to him—we agreed to 1d. apiece—afterwards some registered letters and parcels came—a violin case was brought by a Great Northern man; there was 1s. to pay, I did not advance the 1l. so the railway man took it back again—afterwards Goodwin called several times during the week—he did not inquire about the violin; I told him about it and that the porter had said he might have it that evening by paying for it there—he continued to call up to about 8th December—after that, from what I heard, I handed back all letters that came to the postman.
Cross-examined by Goodwin. I cannot remember if you said that the letters were for yourself that you called for.
Re-examined. He only gave the name of Gerald Robarts; no other name.
By Goodwin. You didn't say whether Gerald Robarts was your own name or not.
THOMAS PARKES . I live at High Street, Bromagrove, Worcester, and am a draper—on 21st January I inserted this advertisement in the Bataar: "Revolver, new, six-chambered, for 10s. cash. Thomas Parkes, draper, Bromsgrove"—in return I received this letter. (This had the monogram
J.G." was dated 120, Theobald's Road, W.C., January, 21, 1884, and stated that J. Goodwin wished to purchase a six-chambered revolver, and if satisfied with it would send 10s. per return; if not satisfied with it would return the revolver, and requested that it should be addressed to "J. Goodwin," or some one else in the family might receive it.) I sent this revolver (produced) by parcels post to J. Goodwin, 120, Theobald's Eoad, W.C., with a note, on 23rd January—I received no payment and heard no more from J. Goodwin.
MARY ANN BATTERSBEE . I live at 120, Theobald's Road, Clerkenwell, and keep a newsagent's shop—letters came there in the name of Goodwin—I was not in the way when he came to ask that they might be taken in—I afterwards saw Goodwin and gave him five the first time and eight the next I think—some parcels came by the postman—I can swear to Goodwin; he received the letters in the presence of the officer—he used to pay 1d. each for the letters—the police called on me and took the prisoner into custody when he called at my shop—they had the letters at that time and those that have come since—the prisoner gave no other name but Goodwin—I did not know where he lived.
Cross-examined by Goodwin. One parcel I received and one the constable received afterwards—you came in January, about the 26th I think; it was the latter part.
Cross-examined by Farrington. When the police came they said there was a man wanted, and I thought he was the man.
MARY NORTON . I am the wife of Ernest Norton of 45, Burton Crescent—Goodwin lodged at my house in the name of Edward something Farrington—he was with me a week before and a week after he was married and then went away—he came about 14th January and left about the 25th or 26th.
Cross-examined by Goodwin. You went away with some one who I was told was a detective.
Cross-examined by Farrington. His wife came and lived a little while before they were married and then they said they were going to get married, and I was told they were—he was always with his wife from the moment he was married—he went out with her and never left her.
HARRY PEARSON (Policeman G 122). Inconsequence of instructions I watched 120, Theobald's Road, Mrs. Battersbee's shop—on 26th January I was in plain clothes inside the shop, and I saw Goodwin enter the shop and receive some letters and a parcel—I told him I was a police-officer, and said "Are you in the habit of having letters addressed to this kind of place?"—he said "I am young at the game"—I said "You very much answer the description of a man wanted on a warrant for obtaining goods by fraud," and I asked him how he could account for it—he said "I can prove to you I am all right"—I said "Open the letter on the spot," meaning one of the letters he had just received—he said "No, but if you will come to my place I will prove to you I am all right"—I accompanied him to 45, Burton Crescent, second floor back—he asked me what proof I wanted—I told him to open the letters—he did so, and from their contents I told him he had better come to the station—twice in the room he said "Wouldn't money suit you better?"—I answered "No"—I took him to the station, where he said "I will tell the whole truth"—Sergeant Nash was the officer in charge there—he had a conversation with him.
Cross-examined by Goodwin. You went quietly with me to the station without making any demur.
WILLIAM NASH (Police Sergeant G). I received a warrant for George Anderson's arrest on 4th December—on the afternoon of 26th January I saw Goodwin at Clerkenwell Police-station, Pearson brought him there—I said "You are detained on suspicion of being George Anderson, wanted on a warrant for fraud for obtaining two razors by fraud from Mr. Lacy, Rotherhithe, and that the razors were sent to 82, King's Cross Road, you will be placed with others to see if you can be identified"—the prisoner said "I admit all that, I don't want to be shown up; do it as quietly as you can, don't bring my wife into it"—he gave me the name of James Goodwin, 22, Berners Street, Russell Square—I found on him this six-chambered revolver (it is not one of those produced before), several letters, a pawn-ticket for a watch, and memoranda—I said "I shall search your room"—he said "I may as well be hung for a sheep as a lamb, you will find some revolvers there I have got from different places"—I went to 45, Burton Crescent—I searched the room and found three revolvers, this in the box spoken to by Mr. Parks is one of them—on Saturday morning the 27th the prisoner wished to see me in the cells at the police-station—I went to him—he said "I mean to tell all to screen my wife: my brother wrote the letters, and I only fetched them and the parcels from the different shops for him; he lives at 15, Compton Street; he has got several revolvers, about 100 pawn-tickets, and 30l. in gold, the proceeds of stuff we have got from different places"—I went to 15, Compton Street and found the other prisoner there—I did not think it right to arrest him then, as I only had the other one's statement—afterwards, from what I heard, I thought it right to arrest him; and on Tuesday night, 16th February, about 11.30, I was in the Tottenham Court Road—I saw Farrington—I went up to him and said I should take him in custody for being concerned with James Goodwin, in custody, for obtaining goods by fraud—he said "You will have to prove that"—I took him into custody and to the police-station, were I searched him and found on him two silver watches, a pawn-ticket, counterfoils of five cheques, 20l. 10s. in gold, 7s. 4d. in silver, 6 1/2 d. in bronze, a diamond ring he was wearing, and he had in his pocket a six-chambered revolver loaded in five chambers—I asked him now he accounted for the possession of the loaded revolver—he said "I carry it for protection"—I also found on him a pocket-book with 118 postage stamps, a Ghubb's patent door-key, and he was wearing a silver pin—at the station I charged him with obtaining the razors from Lacy—I don't think he made any reply.
Cross-examined by Farrington. I did not say I arrested you on your brother's statement.
JOHN ROBINSON (Policeman G). I found the revolver referred to by Woods in Farrington's luggage at King's Cross Police-station—Mr. Peel showed the prisoner the two bags and then I examined them—I also found a contract note of Best and firyce for a diamond ring and pin. (This note was dated 19th February, in the name of Arthur Dickson, 4l. for a diamond ring and pin)—I also found a box of cartridges relating to the revolver, and a case containing a razor identified by Lacy.
RICHARD CRIPPS . I am a clerk to Mr. Alfred Wills, Q.C., of King's Bench Walk, Temple—I know the prisoner Farrington, he was junior clerk to Mr. Wills for a little over two years, and left his service
on the 1st of February—I know his writing very well—all these letters and envelopes are in his writing.
Cross-examined by Farrington. You may have been in Mr. Wills's service for three years, you came in December, 1880—I was with Mr. Wills then.
Goodwin's Statement before the Magistrate. "I merely wish to say that I did not know what my brother was at. He told me he was a general agent, and that he found it a good paying game to send for goods and pawn them, as he generally got more by pawning them than he had paid for them. He got me to go for letters to certain addresses he told me of, and in one or two cases he went himself for the letters. I did not get anything for the proceeds of the sale of the goods he obtained."
Farrington in his defence stated that his brother had asked him to write some letters, as he was a bad writer, saying he wanted to buy some goods in "Exchange and Mart," and if he liked them he would send the money and then sell them at a profit; that he had written the letters for his brother, who supplied him with the addresses, and who always called for the replies; that he had bought the diamond pin and ring from his brother, not knowing they had not been paid for; had worn them for some time and then pawned them, and the razors and revolvers he had bought from his brother in the same way; that his brother had asked him to call for the violin, and he had fetched it to oblige him; and he referred to Goodwin's statements to the police in support of this.
Goodwin in his defence asserted that his brother's flight as soon as he (Goodwin) was arrested was a plain proof of his brother's guilt. He argued that only two witnesses swore to him, and that the only article traced to his possession was the revolver sent off on the 23rd January, which he could only have received in the shop at the time of his arrest, although it was stated to have been found in his pocket. He stated that his brother had told him he was going to write for articles advertised in the "Bazaar" pay for them, and then pawn them, and asked him to call for the articles, which he had done twice. He denied having had the conversation with the policeman.
Farrington had previously. PLEADED GUILTY before ROBERT MALCOLM KERR, Esq., to burglary in the dwelling-house of Alfred Wills, and stealing a diamond ring, eighty postage stamps, and other articles, and 15l. 3s. 3d.
FARRINGTON— Six Years' Penal Servitude.
GOODWIN— Eighteen Months' Hard Labour.
MR. GRAIN Prosecuted; MR. WOODGATE Defended.
CHARLES WILLIAM LINK . I am a provision merchant in the Central Meat Market—about 10 o'clock or half-past on Saturday morning, 8th March, the prisoner was brought by one of my men to my desk, "210"—he selected five sides of bacon, value 7l. 2s. 6d.—I made out this invoice and asked him for the money—he produced a cheque and said, "You will take my cheque?"—I said, "I must have a reference"—he gave me Messrs. Waller and Son—I sent my man to them; he came back and spoke to me—the prisoner then gave me this cheque—I believed it was a good and valid order for the payment of that amount, and that there
was money at the bank to meet it—subsequently my man who attends to the butter department at No. 252 came and asked me if he might take a cheque—I authorised him to do so, and he afterwards brought me this cheque signed by the prisoner (This cheque was drawn on the District Bank of London, 49, Oxford Street, "Pay C. W. Link or order 3l. 14s.")—I went with the two cheques to the bank at 49, Oxford Street the same morning at a quarter or half-past 11; they were dishonoured, I never got the money—I got the address of S. Fitch from the bank, and got to Shepherd's Bush Green about 10 minutes part 12, where I saw some bacon which I believe was ours; I could not swear it was, it was similar—the prisoner's managing man told me something—I went back at half-past 4 and found the Sheriff's officers in possession of Fitch's shop and all the property there—I have never been paid—I should not have parted with the goods if I had known the cheque would have been returned.
Cross-examined. I did not see the Sheriff's officers there at 12 o'clock, I should have seen them had they been there—they were taking the cash for the business transacted when I got there at 4 o'clock—I let the prisoner have the goods in consequence of Waller's communication; from what he said I had reason to think I should be paid—if the prisoner had said, "I will let you have the money on Monday morning," I would not have let him have the goods.
Re-examined. Unless he had given these two documents I should not have delivered the goods.
EDMUND COPE JENKINS . I am salesman to Mr. link at the butter department—the prisoner came to me on the morning of 8th March and selected some boxes of Brittany butter of the value of 3l. 14s.—the man at the desk made out an invoice, which was given to the prisoner, who made out this cheque for 3l. 14s. at the desk and passed it into the counting-house—I asked the prisoner whether it was right—he said, "You will take my cheque"—I said, "Can you give us oath instead?"—he said, "They have taken my cheque at the bacon shop, it is all right"—I took it to Mr. link at the bacon shop; it was in this open state—the butter was afterwards put down for the prisoner to take, I am not certain whether he or his man took it.
FREDERICK THOMAS STUDD . I am salesman to Mr. Link in the bacon department—I weighed five sides of bacon for the prisoner, and told him the weight—I delivered the goods to the man the prisoner told me to deliver them to.
THOMAS WALLER . I am a salesman in the Central Meat Market—on the morning of 8th March the prisoner bought some things of my father, and gave me this cheque for 6l. 15s. 9d. in payment—I had seen him a week before—I paid his cheque in through our bankers, the London Joint Stock Bank; it was returned as it is now, "Refer to drawer" (This cheque was drawn on the District Bank of London)—I have never had the money for it.
Cross-examined. I had had one previous dealing with the prisoner; he then gave me a cheque which was paid properly—I made inquiries at Mr. Link's about the name of Fitch, I found it was satisfactory—the prisoner's name is Ferguson.
By the COURT. It was about 10 o'clock as near as I can recollect.
London, Limited, 49, Oxford Street—the prisoner opened an account there in the name of Samuel Fitch, on 4th February, 1884—we had several accounts before that in the name of Fitch, not in respect of the same shop or same man, and not Samuel Fitch—I produced a copy of the prisoner's account, which I took from the bank current ledger, and have examined and sworn before a Commissioner—the account was opened on 4th February, 1884, with 30l.—the total paid in was 173l. 2s. 3d., and on 1st March the balance was 4l. 12s. to his credit—on 4th March there was 3s. to his credit; that has not been increased—there is nothing to his account now—the last payment was 6l. on 28th February to enable a cheque for 32l. to be debited—I have a return-cheque book—I have returned twelve cheques of the prisoner's, not having funds to meet them, since February 15; the last entry in the account is March 11—several have been presented, but I think not paid.
Cross-examined. A cheque to Waller on 26th February was paid—42l. in gold and silver was paid in on 26th February, 40l. 3s. on the 20th, 8l. on the 14th, 10l. on the 11th—I don't remember what day of the week 26th February was on.
Re-examined. He paid in nothing after 28th February.
CHARLES WILLIAM LINK (Re-examined by MR. WOODGATE). I received a letter on Monday afternoon, 10th March. (This stated that the prisoner was very sorry that through unforeseen circumstances he was not able to meet the cheque, but that he would do so in four days.) I did not wait for four days—I applied for the warrant the same day, I think.
By MR. GRAIN. I made inquiries before I applied for the warrant, and thought the sooner I applied for it the better.
ROBERT CHILD (City Detective Sergeant). At 10.30 on the night of Wednesday, the 12th, I saw the prisoner outside the Uxbridge Road Railway Station, Shepherd's Bush—I said "Mr. Fitch, I believe"—he said "No"—I said "Perhaps your name then is Ferguson, but I know you as Fitch; I am a police-officer, and I have a warrant for your arrest, which I will read to you"—he said "Tell me what is the case against me"—I said "It is for obtaining some bacon and butter from Messrs. Link, of the Central Meat Market, by means of false pretences"—he said "Yes, I had the things, and I should have paid for them; I sent them a letter to say I would pay them in four days"—while coming along in the train I read the warrant to him, and some short time afterwards he said "I should not have taken the things home if I had known the Sheriff's officers were coming there to seize them"—when the charge was made at the police-station he gave the name of Edward Ferguson.
GRAHAM LEWIS . I am an auctioneer, of 5, Southampton Buildings—I was employed by the Sheriff of Middlesex on 10th March to go to 10, Shepherd's Bush Green, and value the things on Mr. Fitch's premises—I valued them at about 18l., of which about 13l. was stock in trade—there was some new stock there; there was some pork and bacon.
Cross-examined. I was not called before the Judge on an interpleader summons on this matter—I was not aware these goods were valued at 40l.—I know the Sheriffs officers had removed nothing when I went in.
JOHN TRICKER . I am an officer of the Sheriff of Middlesex—I went into possession under the direction of Mr. York for Mr. Bishop on Saturday, March 8—my warrant was directed to Fitch, by which name I knew the
prisoner—I did not see the prisoner on the premises—I have never seen Fitch, to my knowledge.
Witnesses for the Defence.
JOSEPH BISHOP . I carry on business as builder and decorator at Shepherd's Bush—I did some fittings for a Mr. Fitch at the premises, 10, Shepherd's Bush Green; that was not the prisoner—I never got paid—Fitch never occupied the premises; Ferguson did—Fitch gave the order in December—Fitch had not just sold the business to the prisoner; he has not sold it to him to my knowledge—I have no claim for money against the prisoner; he never gave the order—when Fitch gave the order the prisoner served in the shop; I don't know if he was his managing man—the shop was then empty, and Ferguson pointed out where he wanted the fittings; that was in December—I commenced them then, and finished in January—I have seen Fitch write—I don't recognise his handwriting on this agreement (produced)—I saw him write this paper (produced) with his signature—I don't think these are the same writing—an interpleader summons is coming on about this to-morrow—Ferguson and Morgan have claimed these goods, and the Sheriff has interpleaded.
Gross-examined. This shop had been used for many years—I received some instructions on behalf of the landlord, Thomas Jackson, Park Villas, Ealing, as to some repairs—I have never known the Mr. Fitch, not the prisoner, before—he came to my shop with the prisoner Ferguson, and I went back to the shop with them—Fitch gave me the orders to fit up the shop, and said he was going to carry on the shop—I did not hear the prisoner's name at that time, and did not know who or what he was—I put the fittings in—I saw the prisoner several times while doing so; he was constantly on the premises—after putting them up I sent in my bill to Fitch; he did not pay it—I could not see him—I have seen him once—I didn't get my money—I saw Ferguson once, but had no conversation with him after the writ was served on Fitch—I saw him many times before that, and asked him about the premises—we had conversations about the account—he said I could not get at Fitch—I asked him where he was—on several occasions he made proposals for me to go with him to see Fitch, but it was put off every time—he told me I should find him at Brewer's Quay, but there was no Fitch there—then I got judgment against Fitch, and put in the Sheriff's officer, and I am now claiming the goods in this interpleader.
W. T. STURGES. This agreement is in my writing—I know Fitch as signing that name here, and I saw the prisoner sign the name of Ferguson, and Morgan signed it also; that was 1st February I think—it was executed at Chancery Lane—I am a business agent, and made a valuation of the fixtures for the transfer—the amount specified here is 80l., which includes which goodwill and everything. (This agreement was for the sale of the business by Samuel Fitch to Ferguson and Morgan, and was dated 1st February.) The shop had been closed for some time, and then Ferguson acted as Fitch's shopman up to the time he bought the business—the name of Fitch remained up after the shop was sold—the shop is closed now.
Cross-examined. I have seen the person who signed Samuel Fitch before, walking about, and in the shop, before 1st February—I swear the shop was opened about Christmas time, and foods being sold there,
and I saw Fitch there—the prisoner was there sometimes, from the commencement of the year, acting as shopman.
Re-examined. I have lived about there eight years—I drew this up—I saw Morgan sign it; he was not frequently at the shop, but I think I have seen him there on the Saturday.
NOT GUILTY .
NEW COURT.—Friday, March 21st, 1884.
Before Mr. Recorder.
MESSRS. LOCKWOOD, Q.C., and F.H. LEWIS Prosecuted; MESSRS. GRAIN and TICKELL Defended.
HENRY ALFRED STACEY . I am Superintendent of Records in the London Bankruptcy Court—I produce a petition for liquidation filed on 28th September by Lisner and Hooper, of London and Paris, artificial manure and general merchants, the appointment of Mr. Saffery, the public accountant, as trustee, and the statement of affairs signed by the debtors—the unsecured creditors in England are 34,610l., and in Paris 9,331l.; creditors fully secured 8,807l., and partly secured 8,776l.; total liabilities 49,417l.—they estimated their assets at 12,917l., showing a deficiency of 35,000l.—I also produce the order of the Bankruptcy Court to prosecute.
THOMAS SPIRES PRICE . I live at Streatham, and am general manager to John Gibbs and Co., at 16, Mark Lane, chemical manufacturers—James Ford is a partner in the firm—they did business with the defendants for two or three years, and in September, 1882, they entered into a contract for the delivery of super phosphate in August and September, 1883—the terms were cash in 14 days—on July 19th Lisner called at our office to know whether we would give him the 14 days' credit named in the contract, as he would want the delivery of the goods towards the end of August; his buyers were waiting for them, and if he did not deliver them he should have to make other arrangements—I said that I should have to consider it (we had heard a few months previously that Lisner had had one of his bills returned, and we led them to believe they would have to pay cash)—I made inquiries, went to their place on 31st July, and saw Lisner, and, I believe, Hooper too, and said that we were prepared to give them 14 days' credit—I believed that they had buyers waiting for the goods—we then received instructions from them to deliver 1,000 tons of super phosphate on Hamburg steamers, which we did in four parcels between August 21 and 28, 1883—the invoice price was 5,482l.—we have been paid nothing in respect of that—the defendants were present at the meeting of creditors on 24th October, and I took a shorthand note of Lisner's examination by Mr. George Lewis—this is a transcript of it. (This was put in and read, and in it Lisner stated that they had lost 7,000l. in Stock Exchange speculations.)
Cross-examined. Our transactions with Lisner and Co. amount to nearly 20,000l.—I was incorrect when I said that it was 7,000l.—I corrected it afterwards—most of them were strictly cash transactions, but some were on 14 days' credit, and they were met—the 20,000l. extended over about two years—two contracts were made in 1882, and a third for delivery in
February, which we refused to deliver by March unless they paid cash, and there was considerable correspondence between us—there was a great demand for super phosphate at the time we refused to deliver it, I do not remember that Mr. Lisner told me he was rather aggrieved at it, but his firm brought an action against us for the non-delivery and breach of contract—that action was pending in July, 1883—the contracts were for delivery in August and September, 1883, with 14 days for credit—I heard that Lisner and Co. had returned one of their bills, and Lisner told me they had been advised to dishonour it by Messrs. Hollams and Co., their solicitors, because it had been obtained by fraud—I had made bank inquiries between July 19th and 31st about their position, and it was entirely on those inquiries that we delivered the 1,000 tons of which we are complaining to-day—those inquiries were made entirely independently of either of the defendants—superphosphate is dealt in very largely in Germany, and all these purchases were for shipment directly or indirectly to Germany—we know that these 1,000 tons went to Germany—their ordinary course was to send us shipping notes indicating the ship it was to go by and the dock, and they had to be shipped on board—we had not been in communication with the defendants prior to the 19th July in reference to their taking up the 1,000 tons—I had not seen them for some time, in consequence of the action, nor had we communicated with them—the market for superphosphate was just as good then as it was in February; I know that—I know nothing about the market in Germany—we were able to effect sales readily in July—we are in a very large way—I have no doubt we sold superphosphate in July, but I don't remember the details—I had the conduct of the business with the defendants almost entirely—Mr. Ford took bills of the defendants after the 14 days had expired for the full amount of the 1,000 tons, all of which I believe fell due after the filing of the petition—I was not present at that interview—I heard something said about Mr. Lisner being in negotiation with a gentleman for a partnership who would bring in a large sum of money—I heard at the meeting of creditors on 24th October that some of the proceeds of the 1,000 tons had gone to Messrs. Rothschild, but I am not sure that that was the first time we heard of Messrs. Rothschild having anything to do with it—I did not learn till that date that some of the proceeds had gone to take up bills, but we heard about a fortnight after the filing of the petition that our superphosphate had been pledged and money raised on it—I saw Mr. Barber, Messrs. Lianer's solicitor, about it before 24th October—I never heard what the superphosphate realised; I do not even know whether it is sold yet—the market has been quiet for the last two or three months; contracts made in 1883 at a price per unit could be bought now at a large profit—there has been a fall of from 10l. to 15l. per ton in the article—there has also been a fall in sulphate of ammonia of about 3l. per ton since September, but the super-phosphate business is not conducted in that manner, because ii a man made a contract last September he would have bought the stuff; you buy it at the same time—the defendants had large contracts this year—I negotiated once with Mr. Saffery when he was receiver, to purchase this contract; we said rather than let it go at a sacrifice we would take it at so much—all the contracts in Paris are being worked—I asked Mr. George Lewis to attend the meeting and cross-examine the defendants, and if the facts justified it, to prosecute them—he was to
extract from them whatever he could, and then use it against them—whether that was fair had nothing to do with me—at a first meeting of creditors the petitioner is bound by Statute to be present and answer any questions his creditors put to him—Mr. George Lewis cross-examined Lisner for about an hour, and so did Mr. Crump, a solicitor—Mr. George Lewis talked about duffing bills, and said "Now, mind what you are about, sir, a Judge and Jury shall settle this"—we have proved for this debt against the estate—the defendants had not contracts on hand showing a profit of nearly 10,000l., I think that is double the amount—I should say it was 5,000l. to 6,000l.
Re-examined. If any profit was arrived at that would go in reduction of the 35,000l.—Lisner was represented by a solicitor—there was no difficulty in effecting sales in July—we are the manufacturers, and the Germans are the consumers—we sell to middlemen who ship it—as in any other business, the produce market is influenced by the consumers' market—there was nothing on the shipping notes forwarded to me to show me what was going to be done with the bills of lading—it was in consequence of Lisner stating that he had customers waiting that I made the inquiries—we believed it to be a bond fide transaction for customers.
CARL MYER . I am confidential clerk to Messrs. Eothschild—in August last they had certain bills purporting to be drawn on the house of Dells, of Magdeburg—I sent for Mr. Lisner to come between August 10th and 15th, and I said, "Mr. Lisner, we wish you to withdraw the bills which we hold of Messrs. Della, all those which are coming due after August 15th"—they amounted to 3,600l. or 3,700l.—he made no question, he simply said "Very well," and asked for a fortnight to make the necessary arrangements—I think it was agreed that he should take up half the bills within a week, and the other half within a fortnight—we afterwards received some bills with bills of lading attached to them relating to superphosphate—one bill was for 30,000 marks on Sight of Hamburg, and another for 11,000 marks on another house in Hamburg—they were eventually paid—our correspondents in Hamburg were Messrs. Berners and Co.
Cross-examined. We have had transactions with the defendants since 1876, I think, amounting it may be to about 44,000l. in 1876, and it is quite possible to 102,000l. in 1877; it was very likely 81,000l. in 1878, 72,000l. in 1879, 62,000l. in 1880, 80,000l. in 1881, and 86,000l. in 1882, and from January to September, 1883, 57,000l.—those were exclusively bills purchased by us, all of which were met up to within a few months of their filing their petition, and the amount taken up was 3,700l.
WILLIAM LORIE BREMNER . I carry on business in Great Tower Street, and am one of the agents for the Hamburg line of steamers—these two bills of lading (produced) for 2,012 and 2,065 bags of superphosphate came from my office and are signed by my firm.
Cross-examined. They were acted on in Germany and returned to us—the goods were put on board by Lisner and Co.
WALTER HORNER BROWN . I am a merchant, of 54, Leadenhall Street—on 21st September, 1883, my firm entered into a contract with the defendants for the purchase of 30 tons of sulphate of ammonia—we invoiced them on September 21st and 22nd; the total value was 483l.—we have been paid nothing in respect of them—we have not been able to trace the goods.
Cross-examined. The transaction in my belief was in the ordinary way of their trade.
Re-examined. We believed we were delivering the goods in the ordinary way of their trade, believing them to be solvent—they were delivered on a written contract.
THOMAS SALTER . I live at Lewisham, and am 25 years old; I am now articled to a firm of solicitors—I am a creditor of the defendants for 12,900l.—I have known Mr. Hooper intimately for seven or eight years—in January and February, 1882, I was living in Langham Street, and Mr. Hooper called on me and said that they wanted to do business in palm oil, or rather that they wanted capital, bat were otherwise perfectly solvent, and I believed him—he mentioned palm oil as the business he wished to develop, and said that there was very little risk about it—I trusted him, and the arrangement was that I should deposit certain securities with their bankers, or rather give them the scurrile to deposit with their bankers, so that they should raise a loan on them—I was to receive the interest as before and 2l. per cent, on the money they had at the bank—on 10th February I took to their office some Gape of Good Hope Stock, Portuguese Stock, Alleghany Railway Co., Baltimore and Ohio, and East India Railway Stock, total value 7,000l., which I left with them, and they gave me a letter with a stamp on it—I redeemed them on 5th September by paying 6,500l.—there was a further amount of 300l. held by some brokers; the defendants sold them and paid me the margin—in the beginning of 1883 they induced me to join them in the purchase of a steamer, and then some of the securities were realised or changed, and I deposited some fresh ones and had another letter from them; 12,900l. was made up thus, 6,000l. for the steamer and the remainder for the loan and interest—I obtained judgment for that amount and the interest, and all together amounted to 6,900l.—I did not authorise the defendants or either of them to use my securities to protect themselves on the Stock Exchange, or to deposit them with brokers, I knew nothing about it.
Cross-examined. I was an old friend of Hooper and knew his family—I was under the impression that they were going to employ my money in palm oil—they were to use this additional capital as they pleased in their business—I cannot say that I knew that up to the last they were using it in their business—I was very often there—I did not know till September, 1883, that negotiations wore going on with a foreign gentleman to join them in their business, who was to bring in 1,500l. or 2,000l.; either Hooper or Lisner told me so—I brought an action against them through Mr. Crump, my solicitor, for the amount of my debt before they filed their petition, and I got judgment for the full amount—originally I was no party to this prosecution; at the time they failed I did not contemplate prosecution, nor did I ever do so of my own accord—I had no communication with Mr. Saffery before the prosecution was started; a gentleman was acting for me, I was away from town—I don't know whether any one communicated with Mr. Saffery on my behalf—after judgment was signed I entered into an agreement with Lisner and Hooper for 'the payment of my debt by instalments—the Tirgo was the steamer which was bought—an attempt was made to turn her into a limited company, and I was one of the proposed directors—after they had raised a mortgage
on her they turned the remaining interest over to me—I do not know that the defendants sold palm oil largely in 1881.
Re-examined. I knew nothing about their business except what they told me, and being an old friend I believed it—I have not got 1d. Under my judgment—they turned the steamer over to me with the mortgage on her, and virtually uninsured, because the policies of insurance were unsaleable—that was in September, when I knew the state of their business—I am taking no part in this prosecution, but I am subpœnaed as a witness. (The transcript of the shorthand notes was here read.)
JOSEPH JOHN SAVORY . I am a chartered accountant, of Old Jewry Chambers, and am trustee under the liquidation—I have the banking book of the firm—on August 1st, 1883, they had a balance in their favour of 280l., and on August 21st of about 1,900l.; on the 19th September a little more than 100l., and on September 27th it was overdrawn 300l.
Cross-examined. From January to June, 1883, their payments in were about 150,000l., and from July up to the failure, about 41,000l.—between January and June, 1882, the payments in were 185,000l., and from July to December, 168,000l.—more than 350,000l. was paid into the bank in the course of that year—the books are very well kept, and there are all the proper books for a firm of merchants of that description, and kept by regular bookkeepers—there were arrears when they came into my hands—I nave received assistance from the defendants in the elucidation of their affairs; they offered themselves, and came when I required them—they have received no remuneration from the estate since their failure—Mrs. Hooper, the defendant's mother, is a creditor for 4,000l., and Mr. Luhman, a creditor, put in 5,000l.—I do not think there are any other family creditors—I find by the ledger that in 1881 they dealt in palm oil to the extent of 84,790l.—it was 5,678l. in April, May, June, and July—they had very large contracts in hand at the time of their failure—there is a Paris contract book and a London contract book—contracts are still running for large quantities of sulphate of ammonia, and I believe you can buy now much cheaper than the contract price—it is being worked by a French banker—there is a considerable profit on the running transactions—there was one negotiation at the early stage between Mr. Price and me to purchase a contract—there are 100 or more creditors, leaving out the family and capital creditors, some of them are under 10l.—we have sold the ship Tirgo for 9,200l.—the mortgage on her was 5,500l., and the balance has gone to the estate less insurance—I have heard that she has gold for 11,000l. once, and have no reason to disbelieve it—I see by the capital account that Mr. Lisner sold a business which he had on the Continent in April or May last year, and put 1,000l. at once into the firm—I also see a cheque for 2,200l. which he put into the firm in June, 1883—I may have been asked after the failure to take up some palm oil which they had, on which there was a profit of 400l.—I have no reason to doubt it—I see in the pass book on 10th February, 1882, "Lathan, 6,000l." for palm oil—Salter's loan of 11,300l. was on the 11th of February.
Re-examined. I have not traced Brown's goods, the ammonia, through the books on 22nd and 23rd September—my attention was called to the transaction, but I have not been requested to trace out what has become of them.
Hooper received a good character.
NOT GUILTY .
THIRD COURT.—Thursday and Friday, March 20th and 21st, 1884.
Before Mr. Common Serjeant.
MESSRS. GRAIN and HORACE AVORY Prosecuted.
EDWARD GRIPPER BANKS . I am the principal of a college at Chatham House, Ramsgate, where I reside—on 28th January last Herbert called on me with some one whom I have not seen since—he sent in this card: "Sidney Franklin, 36, York Place, W."—he said he wished to put a nephew of his to school, and would I show him round—they introduced one another as brothers—Herbert said it was their sister's child and she was in Paris—he spoke with a little broken accent—he wrote the name of the sister Madame Blanchoux on the back of the card in my presence—I showed him over the school; altogether they were there about an hour or more looking over it—as they were going away he said "By the way, can you tell us anything about stocks, and recommend us whether to sell some Egyptian Unified?"—I said "I know nothing about them," and that they had better ask their friend who they said told them to come to me—both of them spoke; Herbert did the principal talking—Mr. Gwadella was mentioned as the name of the friend who they said had introduced them to me—I knew a Mr. Gwadella—after that they left, and I heard nothing more of them or of the sister's child until 15th February—on that date I received this letter referring to the call which they had made on me. (This was dated 36, York Square, and stated Sidney Franklin had written to his sister advising her to send her son to the school, and that she had written stating that she left Paris that week, and would call at the school; that he wanted another prospectus to give to a friend who wished to place a boy at boarding-school; that he was unable to see Gwadella, as he was away from town, and that he would esteem it a favour if Mr. Banks would send him a line of introduction to some City firm who could advise him as to the reinvestment of his Egyptian Stock, which he was desirous of realising.) I replied to that, enclosing one of my own visiting cards, with the words "To introduce Sidney Franklin" on it—I addressed the letter to York Place—I did not see or hear anything more of the prisoner until I went to the Guildhall and saw him in custody—I did not see the sister or her child.
Cross-examined by Herbert. I wrote to Paris to your sister—I did not have the letter returned.
Cross-examined by Hurwits. I never saw you.
JOHN CUTOLIFFS . I am a member of the firm of Cuteliffe and Owen, stockbrokers, Cornhill—on 18th February Hurwitz called on me at my office and gave my partner two cards in my presence. (One of these had on it "Sidney Franklin, 36, York Plan, W." The other one was the Rev. E. Gripper Banks, "The College, Ramsgate, to introduce Mr. Sidney Franklin.") He said "I want to sell 4,000 Egyptian Unified Bonds, and reinvest the proceeds, and to buy Great Western, I think, with the proceeds"—my partner said "Have you the bonds?"—he said "Yes"—my partner said "Have you them with you?"—he said "No, but I can let you have them to-morrow"—I was sitting at my desk and I wrote out this
memorandum. ("Please sell for me 4,000 Unified Egyptain Bonds, which I am possessed of, and will let you have to-morrow, and invest the proceeds in the purchase of Great Western Stock; my bankers are the—".) I then asked him who his bankers were, and I wrote down as he said it "City Bank, Holborn Circus"—I left a space for him to sign, and wrote underneath his address, 36, York Place, W.—I forget whether I got that from him or the card—I handed it him to sign and he signed it "Sidney Franklin," below the address instead of above, where I had meant him to put the signature—I noticed I had left out the introduction, and I put in the blank space: "I am introduced by the Rev. E. Gripper Banks, of Ramsgate"—I asked him to initial the altering and he initialled it "S.F."—he said "You will sell the stock to-day"—I said "Is the contract to go to this address?"—he said "Yes, you will sell the stock to-day," and I again said "Is the contract to go to that address?"—he said "The contract has to go to that address"—he then left—I knew the Rev. E.G. Banks by name as an intimate friend of my father—after Hurwitz had gone I made further inquiries, and eventually received some communication from Messrs. Crews and Lichtenstadt, and after that I wrote a letter on the same day, the 18th, to Sidney Franklin, at his address, making reference to the Egyptain debate in the House of Parliament, and saying as it was so uncertain we should like the bonds before we sold them—I had no answer to that and no bonds—I did not sell any for the prisoner—I did not see Hurwitz again till the 25th February, when I saw him in the detective office, Old Jewry, and recognised him as the same person.
Cross-examined by Herbert. As far as I know there is no rule of the Stock Exchange forbidding me to act for any one under age.
Cross-examined by Hurwits. No single word was said all through the interview about your coming except on behalf of yourself.
Re-examined. Hurwitz had not the same appearance as he has now—I described him to the detective as 24 or 25; he was got up differently and had a good cane—I have no doubt that he is the person who came.
BILBY PARKER . I am a clerk in the City Bank, Holborn Circus Branch—we had no account on 18th February, nor have we now, in the name of Sidney Franklin, I know no such person; I have searched and should be sure to know if we had such an account—I never saw Hurwitz till I saw him at the Guildhall.
RICHARD LEONARD HAWKINS . I am a member of the firm of Rock and Hawkins, coach builders, of Baker Street, London, and Hastings—in January last Herbert called on me with some one else—Herbert said "I want a Hansom," or "I have come to order a carriage," I am not quite certain which; it was a Hansom he spoke of afterwards—he handed me a printed visiting card with the name Sidney Franklin and an address in Portland Place I think, not York Place—I did not show him any carriages, but I showed him some drawings—he ordered a carriage, not from the drawings—we had a conversation about a carriage for about a quarter of an hour I dare say; and just as he was going he said "Can you recommend me," or "give me the name of a stockbroker," I am not sure which "as I wish to sell some stock?"—he did not say what stock—I looked among my books, but found I hadn't the book with me and could not give him the name of one—I said "I know a gentleman who I think could do so;" and I wrote out a memorandum
and sent it Id Mr. Fairbridge, a coachbuilder at Crawford Street, Bryanston Square, by a lad, who brought back from Mr. Fair-bridge a memorandum and Mr. Fairbridge's business card similar to this—I handed the prisoner the memorandum Fairbridge had sent and put the card on my desk among my papers—a general conversation then took place about stocks and different matters, and then the prisoner went away with the memorandum—within five minutes after he had gone I missed the card from my desk—no one had been in the place in the interval—I did not give the prisoner or the other man any permission to take that card—I had not seen the prisoner before, nor done any business with him—I did not execute the order for the carriage.
Cross-examined by Herbert. You said before giving the order for a Hansom you would like to have a drawing—I don't think you asked me for any credit—when my man came buck from Mr. Fairbridge's I did not go outside the office to meet him, I went to the door—I gave you the slip of paper he brought, I didn't notice if you put it in your card case.
By the COURT. The name of a stockbroker was written on it.
PHILIP FAIRBRIDGE . I am a carriage-builder of 43, Crawford Street, Bryanston Square—about the middle of January a messenger came to me from Mr. Hawkins with a memorandum—I wrote a memorandum in reply, enclosed my card, a similar one to this, with it, and sent it back by the messenger to Mr. Hawkins—about half an hour afterwards two men whom I cannot recollect called with the memorandum which I had sent to Mr. Hawkins—they placed a card, I don't know if it was their own, in my hand, I took very little notice of it, and put it on one side—I am certain Hurwitz was not one of them, and I question about Herbert; he seemed to me to be a much younger man, 19 or 20 at the outside—I had some conversation with the persons, I did not give them any recommendation to anybody—I destroyed the memorandum they brought from Mr. Hawkins—Mr. Hawkins asked me to recommend him a respectable stockbroker, and I in my memorandum recommended Messrs. Crews and Lichtenstadt as respectable stockbrokers—these persons brought my memorandum and wanted to know if Crews and Lichtenstadt was a respectable firm, as so much had been said in the newspapers lately about stockbrokers—I confirmed their respectability—some arrangements were made—I saw no more of them—I do not believe I gave them any card like this, if I did it was simply for the address for them to come again, as they appointed to come again on the following Monday.
Cross-examined by Herbert. Q. I came with my brother to your place—I gave you a memorandum? A. Yes, some one did—you wished to know whether you could use that paper—I said "No, I have not recommended you. I have recommended Mr. Hawkins"—I said Crews and Lichtenstadt were very good people and I should be only too pleased to introduce you to them. I said I should be pleased to make an appointment to go down—you asked me if you could go, and I said "No" I had not given you the card as an introduction—I did not say if I had given you my card as an introduction I should have written my name on the back of it—I did not write on the one I sent to Mr. Hawkins because I knew him, and my card was sufficient.
Re-examined. I most decidedly did not introduce these persons to Messrs. Crews and Lichtenstadt, I said I could not introduce them, I did
not know them—I should not recommend a stranger I had never seen before—they appointed themselves to call on the following Monday for me to go with them to Messrs. Crews and Lichtenstadt's, and if I did give them a card, which I am not certain about, it was only for the address—I had no order for a carriage—they said they should come to me some other day to order a carriage, but I take little notice of those things from strangers.
SAMUEL BULLEETT . I am manager to Messrs. Crews and Lichtenstadt, stockbrokers, 33, Throgmorton Street—on the morning of 17th January in the course of business I received this letter (produced) enclosing this card.
GEORGE BEAUMONT BROWN . I am sub-manager of the City Bank, Ludgate Hill Branch—Herbert opened an account there, and I saw him sign our signature book—the signature to this letter is the prisoner's. (Herbert here stated that he wrote the letter.)
SAMUEL BULLEET (Recalled). (The letter was dated 7, Portland Terrace, Regent's Park, 16th January, 1884. "Gentlemen,—You are recommenced to me by Mr. Fairbridge, who gave me his card to enclose. I wish you to sell out for me 5,000 Egyptian Unified Stock at the opening of the market in the morning. I shall feel obliged if you will let me know at what price you can purchase Metropolitan Board of Works Stock, as I wish to invest part of my Egyptian Stock in same. Trusting that you will do your best on my behalf, yours faithfully, Sidney Franklin.") I knew Mr. Fairbridge, and believed the statements contained in that letter—in consequence of it I gave instructions to sell 5,000 Egyptian Unified Stock to Mr. Blew Jones, and it was sold at 66 1/2—on the same day I sent a telegram to the address, Portland Terrace, and received this letter, signed in the same handwriting: "7, Portland Terrace, Regent's Park, January 17th, 1884: Gentlemen,—I am in receipt of your wire of to-day, and letter confirming the sale of my 5,000l. Egyptian Unified Bonds. As Mr. Fairbridge's introduction is not sufficient I can refer you to a friend of mine, Mr. Jackson, manager of the Bayswater Investment Company, 131, Inverness Terrace. I may add that I do not require any credit from you, as I shall not ask you to deliver me any stock that you may purchase for me until I give you my bonds in exchange. Yours faithfully, Sidney Franklin"—after that I received no bonds from the person—30th January was the settling day—on the 30th I had to comply with the bargain, and on the 31st, not having received the bonds from Sidney Franklin, I purchased 5,000 Egyptians in the market in order to carry out my contract; the price had gone up to 68 5/8, and I thereby incurred a loss of 112l. 10s.—on the 31st January I sent to 7, Portland Terrace the contract notes with this letter and account. (This stated that having heard nothing Mr. Bullet had bought 5,000 Egyptian Unified for cash, to cover the amount sold on 30th January, and that according to the account enclosed the amount due was 112l. 10s.)—the letter was returned marked as it now appears on the envelope "Gone away in the night without paying rent or tradesmen"—when I sold the Egyptian Unified I certainly believed Franklin had the bonds or the order would not have been executed—I should not have done business for a stranger supposing some stranger had simply written to me, it was in consequence of Mr. Fairbridge's name.
Cross-examined by Herberi. I sent you a telegram and letter on the
17th, saying I had sold 5,000l. Egyptian—I sent no contract then, I kept that till the 31st because of inquiries I made on the 17th which were not satisfactory, and we did not care for our contract being shown about by you—your reply showed you were aware the stock was kept open from the 17th to the 31st—this is a copy of our letter to you (produced). (This stated that agreeably with instructions Crews and Lichienstadt had sold that morning 5,000 Egyptian Unified at 66 1/2, and that they had acted on the assumption that the prisoner was personally known to Mr. Fairbridge, that they found on inquiry he was not personally acquainted with him, and that they should require London references before completing the transaction. The letter of 30th January expressed surprise at the non-delivery of the 5,000l. Egyptian, and stated that unless received before one to-morrow the amount would have to be bought on the market and the prisoner held repossible for any loss)—I saw Mr. Fairbridge after the transaction, and after telegraphing, I asked him if he had given you his card—he said he had not, and so I withheld the contract—it is the practice on the Stock Exchange to send the contract at the same time as the sale is made—I did not send it for the reason stated—the contract is not a necessary adjunct, it is not more binding than my letter—we were morally certain of the matter, but not legally, till three weeks after, and then sent the contracts with a view to the ultimate proceedings we have taken—I had suspicion on the day you called after the transaction—at 4 o'clock Mr. Fairbridge called and aroused our suspicions—a telegram from Mr. Fairbridge's son induced us to do the business.
Re-examined. Mr. Fairbridge said he had no knowledge of giving the card, and positively denied having given it as an introduction—I believed the letter which enclosed the card as to facts—I believed the statement in it that "Mr. Fairbridge gave me the card as an introduction to you"—if I had known it was not true I should not have carried out this transaction—I believed his statement that he had the bonds, and that he would send them—I sent a telegram to Mr. Fairbridge to know if the introduction had been given, that was answered by Mr. Fairbridge's son, and afterwards Mr. Fairbridge called, and in consequence of our conversation I did not send the contract note that night—the contract note is merely a memorandum to our client that the stock has been sold.
By the COURT. I relied on the telegram as being a confirmation of the letter—I got the telegram before we sold; it appeared the anon knew nothing of the letter—the letter and telegram together influenced my mind.
By Herbert. I did of not sell the stock when it remained stationary two or three days afterwards, because you might have brought the bonds at any time and completed the transaction—we had no reason to believe you would not effect your bargain on the 30th—I have never neared of any one canceling a contract because he has not received the contract note; that is never done—the contract is no good in a legal sense—I should not have asked for that contract back if anything had been wrong—the contract is only a memorandum between the client and myself.
By the COURT. A stamp is affixed to the contract.
SARAH HARRIET ELKINS . I live at 7, Portland Terrace, Regent's Park—on Saturday, 12th January, Sidney Franklin, or Herbert, came to my house with some one he said was his brother about my drawing-room
apartments—they said they thought they would suit; they would call on the following day—they called next day, and said they were going out of town, arid should not want them till 1st February—I declined to wait—they gave me an address, and said if they were vacant at the end of February, and I would send a letter, they would call again—they came again on the Wednesday; I was out—they called again on the Wednesday—I was going out to dinner at 7 o'clock, and I was dressing, and I told my servant—I saw Sidney Franklin write this memorandum to be given to me: "We called in twice, and are sorry each time not to find you in; we shall call round in the morning about 11 o'clock. Yours, Sidney Franklin. "That was on the 16th—they came again on the Thursday, the following day, about 10.30, and took my drawing-room apartments—this is the address they had given me on a previous occasion as a reference, "47, Hamilton Gardens, St. John's Wood"—they came in on the 17th, bringing a large trunk, and left on the following Wednesday, the 23rd, in the night—I did not know they were going—I found they were gone—my servant brought down a key and this note to me on Thursday morning: "Wednesday night. Madam,—I regret that owing to disappointment I am obliged to leave you without notice. I am sure that you would let my bill go on if I wished it, but in case no better luck turns up, I do not wish to put you to a further loss; directly I am in a position to settle the small amount I am indebted to you I shall call upon you. I leave the latchkey with this on the chest of drawers. Yours truly, Sidney Franklin. "This was all I saw of him till he was in custody—the box was gone—Sidney used to call his brother Herbert—the day after they came in I spoke to them as they went out—I said "Good morning; you gentlemen are going out early"—they said "We are going out early into the City; my brother has some stock to sell in the Greek funds, and as it is not very safe just now, and he wishes to sell out and buy in again; we want to find a respectable broker"—I said "Of course that is quite necessary that they should be respectable"—as I was moving round he said "We have been told the name of Crews and Lichtenstadt"—I think it was on the Wednesday on which they left I had been to 47, Hamilton Gardens, to make inquiries, and I told them I had been there, and they left the same evening—a letter came for them; I don't know the date—I wrote this upon the back "Gone away in the night without paying rent or tradesmen," and afterwards gave it to the postman—in consequence of the conversation I had had about a respectable stockbroker I looked in the directory, and called on Messrs. Crews and Lichtenstadt.
Cross-examined by Herbert. You did not say you had been introduced or had an introduction to Crews and Lichtenstadt; you said you had been told of them—my dog's name was Crews, and I remembered—I did not open their letter.
HENRY ALEXANDER BARCLAY . I live at 11, Sussex Square, Brighton, and keep a school there—about Christmas last Herbert called on me with his brother; not the other prisoner—Herbert apologized for not giving me his card, and the other one in his presence wrote "Albert Martel, 47, Hamilton Gardens, Regent's Park"—the prisoner said he came about placing his widowed sister's son, who was in France, and could talk no English, in an English school—he said he had been recommended to me by Mr. Graves, whom he had met at the Grand
Hotel in Paris—I know three men all unconnected of that name—they did not look over my establishment; they were so pleased with me that it was as good as settled—they told me the boy's name was Chandon, connected with Moet and Chandon, the champagne people—I asked Albert if he was connected with Martel, the brandy people, and he said "No"—they said they had been in Egypt, and talked to the Mahdi; then they got on to Egyptian Stocks, and Albert told me he had some Unified, that it was going to the bad—the brother said he had Ottoman Bank shares depreciated to the extent of 5,000l. since he bought them—they wanted advice, and asked me if I knew a good stockbroker; ultimately I gave them my card, and recommended them to Messrs. W.H.L. Barnett and Co., 28, Threadneedle Street—I wrote on the card which they took with them "To introduce Mr. A. Martel and his brother"—I Wrote to Mr. Barnett the same night—I never saw Master Chandon.
Cross-examined by Herbert. I wrote to Messrs. Barnett and Co. that you were entire strangers to me because I knew of this kind of thing exactly, and I was careful to tell Mr. Barnett that I knew of nothing more than I represented, and that it was for him to do as he liked.
WILLIAM HAROLD LORDILOW BARNETT . I am a member of the firm of W.H.L. Barnett and Co., 28, Threadneedle Street—on 28th December I received a letter fro en Mr. Barclay, whom I had known for some time, and on 31st December Herbert and his brother Albert called on me—the prisoner gave the name of Martel, 47, Hamilton Gardens, Regent's Park—they introduced themselves with a card from Mr. Barclay, and first one speaking, and then the other, said they had got some Egyptian Unified, but they did not like the set of politics, and they wished to sell them and reinvest the money in some other securities—Albert Martel gave instruction to sell 4,000 Unified Stock and to purchase with the proceeds 2,000 Spanish 4 per cent, stock and 2,000 Mexican Rail way Stock—Lionel gave instructions to sell 3,000 Unified Stock and to reinvest the proceeds in Pennsylvania Railway shares to as near the amount as possible—I said that I should like some further references than Barclay's—they told me they had been in London for only two or three weeks, and really knew nobody—they said they had the bonds, and would let me have them in the course of a few days—I believed that statement, or I should not have done the business—they went away, and I went straight away to the Stock Exchange and carried out the business, and sent them the contracts by that night's post; I also sent them a letter explaining about the price of stock and telling them if one had business relations it was necessary to have the greatest confidence; that was the same night, 31st December—I got no answer to my first letter; I sent another letter to the prisoner saying that I had explained to his brother why I could not get better prices, and entering into some details about the different stocks—I received no answer from them for some days—I wrote again, I cannot remember on what date (This stated that he had had no reply, that he would be glad to know if Herbert found it in order, and if he would send the Paris references)—in answer to that I received this letter dated Paris, January 6th, and signed "Martel Brothers" (That acknotoledged the receipt of the letter of 6th ult. and contracts, regretted that better prices could not be obtained for the Unified, and stated that they left to-morrow for Lyons, and should be in London to meet that arrangement for the 15th,
when they would make arrangements to entrust any further business to the firm, and requested that any communications should be sent to their London address)—on or about 12th January I wrote again (This stated that he would be obliged if they would send 3,000 Egyptian on the 15th inst., and the name the Mexicans were to be transferred to as that was the day on which they must be registered)—I then received this letter of 14th January, signed "Lionel Martel," 47, Hamilton Gardens: "Dear Sirs,—I arrived this morning and found your letter awaiting me. My brother has not yet returned, as there is a little difficulty in his obtaining the Egyptian Unified Stock. I wish you to sell at your best at the opening of the market in the morning my brother's 2,000l. Spanish 4 per cent. stock and my 160 Pennsylvanian Railroad shares, and to postpone delivery of your Unified Stock, and defer payment for my brother's Mexican Railway Ordinary Stock until your next account day. My brother will no doubt be in town on Friday or Saturday, when we shall call and see you, and hand you the bonds"—on 15th January I wrote to him, enclosing 160 Pennsylvanian shares, and saying that I declined to carry over the Egyptian unless the difference was paid by 10 a.m. on the 16th, and that unless it was received at that time that I would close the account and debit him with the difference—on January 15th I wrote to Albert, enclosing the contracts for the Spanish, and saying that I declined to carry over the Egyptian and Mexican Railway unless the difference was paid by 10 a.m. on the 16th, and I should then close the account and take proceedings to recover the difference—I received no bonds or stock in answer to those letters—on the 16th I closed the account, making a loss in respect of Lionel's business of 94l. I think, and with reference to Herbert's a loss of 136l. 2s. 4d.—on the 16th I wrote again to both the brothers, enclosing the contracts and thanking them to remit the balance—I received no answer, and did not see them again until I went to the Old Jewry and identified Lionel—I have never seen Albert since—I believed at the time he had this stock, I most certainly would not have done business without.
Cross-examined by Herbert. I took down the order on paper when you called and transacted the business after you left—we were entire strangers with the exception of Mr. Barclay's introduction—he wrote and said he had an introduction from a friend of his in Paris, and I considered Mr. Barclay would know, and knew he would not send anybody wrong to me; I considered the matter and thought it was all right—I asked for other references; I did not say I was not allowed to do anything for strangers according to the rules of the Stock Exchange; there is no such rule.
By the COURT. What influenced me was Mr. Barclay's introduction, though he said he did not know much about them—independently of Mr. Barclay's letter I should not have done the business if I had thought he had not had the stock.
RICHARD GARLAND . I am secretary of the Posterior Gold Mining Company, whose office is 1, Queen Street Place, Southwark Bridge—on or about 12th January Herbert called on me alone; I had never seen him before—he handed me this card: "Mr. L. Pelham, 31, Warwick Road, Maida Hill"—he said he wanted to buy Borne shares in the Pestornier Company, and asked if I had any to sell—I told him I had not, the proper place to purchase shares was a stockbroker's—he asked
if could recommend Him a broker—I told him I did not think I could—he said he would like to be recommended to a respectable broker; he was very desirous of purchasing shares—he pressed for a broker, and ultimately I wrote the name of Mr. P. M. Taylor, 21, Threadneedle Street, and gave it to him—I put my own name in the corner, I believe at his request—he went away with it.
PHILIP MEADOWS TAYLOR . I am a stockbroker, of 21, Threadneedle Street—I know Richard Garland—on the 12th of January Herbert called on me—he gave his card similar to this—he said his name was Lawrence Polham, 31, Warwick Road, Maida Hill, and he wanted a stockbroker, and his friend Mr. Garland had recommended me to him—that he had 1,500l. or 1,800l. to invest, and wished to buy some Pestornier shares and some Ottoman Bank shares—it came to about 80 Ottoman Bank and 160 Pestornier shares—I think he wanted more Pestornier and I could not get them—I went down to the house and bought the Ottoman and Pestornier, and before he left told him I had done so and rave him the contracts—afterwards, in consequence of information I had, I wrote to him; I could not swear to the date. (Herbert here stated that the witness did write a tetter, which he had destroyed. The letter was dated January, 13th, and stated that Mr. Taylor would have declined to do business with Herbert without further reference had he known that Mr. Garland only knew him as having once called; that he must ask for a satisfactory reference or 20 per cent. on account, and that he would close the account if he had no answer before 4 o'clock on Monday.) I received an answer in a lady's writing—I or my clerk wrote to him on the 18th. (This asked him to call an the next day.) I did not see him, and wrote again on the 24th. (This letter requested the name and address in which the Pestornier shares were to be registered.) I got no answer to that and wrote again on the 26th. (This said that unless he heard by 12 o'clock he should sell the stock for what it would fetch and demand the difference.) On the 27th I wrote again. (Saying that not having heard he had closed the account, and enclosing the contract note and balance of the account, showing a balance against the prisoner of 99l. 7s. 6d). I never got any answer; I never got any of the balance—when I bought the shares I believed the prisoner's statements that he had the money to invest and about Mr. Garland; I should not have done his business without—I lost 99l. 7s. 6d.
WILLIAM TAYLOR JONES . I live at Herne House, Glifonville, Margate, and keep a school there—in the tatter part of January Herbert and some other person called on, me—they sent in one card, which his been lost, with the name Sidney Franklin—the other he said was his brother—Lionel said he proposed placing, his nephew, the son of a widow in France, at school—I showed them over the school; they were satisfied with it—they spoke of having been abroad, and in the course conversation one mentioned that the other possessed Egyptian Unified and wished to dispose of them, and asked if I could advise them about investing it—I suggested that he should consult a solicitor or a stock-broker—the conversation then changed, and after a time they left—I believe I mentioned some, stockbrokers' names before they did so—on 1st February I received a letter from Sidney Franklin. (This was dated from 36, York Place, Regent's Park, and stated that the writer had advised his sister to place her son in Mr. Jones's hands, and that he should be glad if he would send him another prospectus for a friend of his, and also a line
of introduction to a friend who could introduce him to a conscientious stock-broker to advise him as to his Egyptian Stock.) In reply to that I sent some names and addresses of different stockbrokers, and received this letter of the 7th February from Sidney Franklin. (This was dated from 36, York Place, and stated that his sister would be over next week and would place her son in Mr. Jones's hands, and that he trusted his friend would do the same; that he would feel obliged if he would send him by reply his card as an introduction to one of the stockbrokers whose names he had given, as they would treat him better if he were possessed of it.) I then enclosed two of my cards, having written on the back "To introduce Mr. Sidney Franklin to Mr. H. F. Shaltock on business," and on the other "To introduce Mr. Sidney Franklin to Mr. Startin on business"—I never saw the boy.
Cross-examined by Herbert. I wrote to the brokers saying I had given Sidney Franklin a card, but that at the same time I knew nothing of you except that you proposed placing your nephew at school, and that you were strangers to me.
MONTAGU SHALTOCK . I am with my father, Henry Foster Shaltook, a jobber—Hurwitz called at our office on the 15th February—he asked for Mr. Henry Shaltock; I said he would not be in the office till 4 o'clock, as he was on the Stock Exchange—he said he wanted to see him before that—I told him to go to the Stock Exchange and call him out—he said he did not know where the Stock Exchange was—I directed him there, and presently he returned saying he had asked the porter to call him, and the porter told him he was away from the market—I asked him to leave a name that I could tell Mr. Shaltock when he came—he showed me a card with Sidney Franklin on it, and one of Mr. Jones's cards—I did not see what was written on the back of that—I said "I think we have had a letter from Mr. Jones telling us about you; I believe you have some Egyptian Unified you wish to sell?"—he said he had—I said "You want a stockbroker and not a stockjobber,' and I referred him to my uncle, Mr. Herbert Shaltock, 16, Tokenhouse Yard—he was dressed much better than he is now.
HERBERT SHALTOCK . I am a stockbroker, of 16, Tokenhouse Yard—on 15th February Hurwitz called on me and produced these two cards, one the "Rev. Taylor Jones," and the other "Sidney Franklin, 36, York Place, W."—he did not say that was his own card, he handed it to me and the other as an introduction from Mr. Jones—he said he wanted to sell 3,000 Egyptian Unified and invest the money in Grand Trunk 3rds—I told him their price, and said the money would buy about 5,000 Trunk 3rds—I asked him if he had the bonds with him—he said "No"—I said "I cannot do any business with you unless you give me the bonds, because I do not know you, nor do I know the Rev. Taylor Jones"—he said he could not let me have the bonds for a day or two—I told him it was a waste of time talking, I could not do anything with him unless I had the bonds—he was going, and as he went out I asked him if he knew the name of Powers or Bensilum—he seemed to hesitate, and said "No"—I sent my clerk to see where he went to, and he ran away as if he was very frightened—I did not see him run—I did not see him again or his bonds until I saw him in the detective office.
Cross-examined by Hurwitz. I am quite certain you did not say you had come from your brother to sell 4,000 Unified.
Cross-examined by Herbert. I have never seen you before.
Re-examined. If Herbert had come I should not have done the business if he had not the stock—if he had had it I should have hesitated before I did any business with him—I knew a Mr. Bensilum to my loss.
CHARLES WILLIAM STARTIN . I am a wholesale dealer in sugar, at 150, Fenchurch Street—about the end of May last year, Herbert, to the best of my belief, called on me with another person with this card, I believe, 31, Warwick Boad, Maida Hill—the prisoner asked me whether I oould make him offers of sugar for exportation—I had never known him before—I made him offers, and had a conversation about business—after that he said he had some money to invest, and wanted to know whether I could recommend him to a respectable stockbroker, and ultimately I recommended him to Mr. Scott, or Draper's Gardens, and wrote down the address for him—he never bought any sugar of me.
BENJAMIN JAMES SCOTT . I am a stockbroker of 7, Draper's Gardens—on 31st May Herbert came to my office and handed me this card, "Edward Morton, 31, Warwick Boad, Maida Hill," and also this memorandum of my name and address, signed by Mr. Startin, by whom he said he had been introduced to me—I am not quite clear whether he said he was Mr. Startin's friend or not—he said he wished to invest 2,000l., and could I recommend him any suitable stocks—I mentioned several stocks; they did not appear satisfactory to him, and ultimately he gave me instructions to purchase 2,000l. Grand Trunk Preference Stock—he was very particular that it should not exceed the sum of 2,000l., and he was anxious that the business should be done immediately—I went into the market and purchased the stock as nearly as possible to the value of 2,000l., giving him the contracts—I was not satisfied with my client's appearance, and rather pointedly asked him if it was his first Stock Exchange transaction—he said "Yes," and in course of conversation he informed me he had the money, and would probably bring it before the account day—he took the contract note away with him—I immediately called on Mr. Startin, and in consequence of what he said I went to my solicitors and gave them instructions to act—I am not quite clear whether he said he had this money before I purchased, I certainly believed at the time he had the money for investment—I should not have done the business if I had supposed it was a speculation—I afterwards received back my contract note with a placard, "Brokers Beware," which I posted in the Stock Exchange—it created a mob, and was torn down—as far as I recollect the letter was to the effect that as I did not care to be a stockbroker, he returned the contract note, and the only Question he raised was, he told me he did not represent himself as Mr. martin's friend—the prisoner led me to believe that Mr. Startin had personal knowledge of him—the same post that brought back the contract-note also brought this letter, signed E. Morton, dated 81, Warwick Road, Maida Hill, June 1st, 1883. (This requested him to purchase to-morrow 1,500 Grand Trunk Canada Ordinary.) I did not do that—I afterwards sold the stock I had purchased on 31st May—I never saw any more of the prisoner till I saw him at the Guildhall Police-court—I made 28l. profit on the stock—it was my solicitors who wrote to the prisoner, not me.
Cross-examined by Herbert. There was a rise next day, possibly of 2 per cent.—it was not in consequence of that my lawyers wrote, because the contract came to me very early on the second day after the transaction
—you called on 31st May; on 1st June I communicated to my solicitors, and received the contract note on 2nd June—I made 28l. by it, which I am entitled to, because it was made at my risk—I made inquiries, and found you had not paid your trades people—I think I was justified in posting your letter in the Stock Exchange to protect my brother members—I was not censured by the committee for doing it; I have seen other letters of yours there—I don't know that if you had the contract note you could have compelled me to pay the 28l.—you may have asked my opinion about the Grand Trunk—I said "It is nothing but a gambling stock," and that made me suspicious—I did not said say you might have a profit of 4 or 5 per cent., and then might sell out and buy back when it becomes cheaper—I don't think the 28l. has remunerated me for all the trouble and annoyance I had had of having such a client in my office.
ALFRED BOWDEN . I live and keep a school at Dane Bill House, Margate—about the end of January last, Herbert and another person called on me; they sent in this card, "Sidney Franklin. 36, York Place, W."—they said they were seeking a school for a nephew, the son of a widow lady in France—I gave them one of my prospectuses—they went over my house, and then Herbert said his sister would be coming over in about a fortnight's time, and would then no doubt see him, and he would recommend her to trust her boy to me, and she would pay in advance—he asked me whether I knew anything about the London, Chatham, and Dover and South-Eastern—I replied I knew nothing about them—he said his brother had some money to invest, and asked whether I knew anybody who could give him advice on the subject—I said "I suppose the best thing would be to apply to some member of the Stock Exchange"—he asked me if I knew any conscientious stockbroker—I said I did, and named Mr. Stein, and wrote a note to Mr. Stein at his request—it was simply a card to Mr. Stein—they went away; I saw no more of them till I saw them in Guildhall—I did not see the boy.
CHARLES ALBERT STEIN . I am a stockjobber, and a member of the, Stock Exchange, 3, Crown Court—about the beginning of February last some person called on me and produced this card, and handed me a letter, from Mr. Bowden, who mentioned that Mr. Franklin, the bearer, was going to leave his nephew at his school; that he had some money to invest, and asked me what I could do for him—I have known Mr. Bowdes a great many years—I have never seen the person since who came with that letter—he is not here to-day—in consequence of that introduction and the conversation I had with the person, I bought 4,000 Unified Bonds for him, and sold it again to another jobber some days afterwards—before I sold I had not received any bonds from the person who called; I had expected it; he told me he had got them—after I had sold the stock I wrote a letter to 36, York Place, and received a telegram in reply—the transaction resulted in a loss—the 4,000 Unified were sold, and the money they fetched invested in other stock; the result was a profit to Franklin of 190l.—190l. was the profit on the double transaction—I sent another communication to that address—on 14th February Hurwitz called and handed me this letter. (This was dated 36, York Plce, Feb. 14, and expressed satisfaction with the price at which he had closed the stocks; stated that the Rev. Mr. Bowden was dining with him on Saturday, and he should not forget to thank him for placing him in his good hands; requested
he would give the bearer a cheque for the balance in his favour, and was signed, S. Franklin.) In accordance with that letter I gave the bearer a cheque for 190l.—it has passed through my bank and been paid.
GEORGE BEAUMONT BROWN . I am sub-manager of the City Bank, Ludgate Hill branch—on 14th February Herbert called at our bank with a card, "Sidney Franklin, 36, York Place, W."—a person calling himself Albert Hurwitz was with him—Herbert said he wanted to open a banking account—Hurwitz said he was a customer of our Aldgate branch; he showed a pass-book with his name in it, and introduced Herbert—I entered an account in the name of Sidney Franklin—the prisoner signed a book in that name, and this cheque for 190l. was paid in to open the account—I gave him one of the smallest cheque-books we had—I produce this copy of the account; I have compared it with the ledger, which is one of the ordinary bank books—it shows that the 190l. was the only credit to the account—the money is now all drawn out but 2d.—100l. was drawn out on 15th February, the next day—on 18th February there was a balance of 20l.—I gave notice to close the account by letter.
Cross-examined by Herbert. I notice nearly all the amount paid out is drawn to John Shaw—I don't know that he is a stockbroker—on the 15th there is a cheque for 70l. to self.
WILLIAM JOHN FLUISTER (City Detective Sergeant) A warrant for the a apprehension of Herbert was placed in my hands on 23rd February last—on 25th I saw him at Baker Street railway station in the company of the other prisoner—Halse and Austin were with me—I told them we were officers, and that I had a warrant for his apprehension in the name of Sidney Franklin—he said he did not believe we were officers; we were in plain clothes—he cried out "Murder" and "Police"—a policeman come up—I showed the warrant; he wanted me to read it—I told him I would read it to him when we got him to 26, Old Jewry, the police-office—I took them there and read the warrant, which charged them with incurring a liability to Messrs. Crews and Lichtenstadt under false pretences—he said Messrs. Crews and Lichtenstadt had cancelled the arrangements—I went to a drawer and produced two letters, and said "Whose handwriting are these?"—he said he wrote those two letters to Messrs. Crews and Lichtenstadt—Halse will speak to the documents found—I was otherwise engaged.
Cross-examined by Herbert. You accompanied us immediately we showed you the warrant—I put you into a cab with the help of the other officers—I showed you the warrant in the street.
SAMUEL HALSE (City Detective). I was with the last witness when the two prisoners were taken into custody—at the station I searched Herbert and found on him some blank cheques on the City Bank, Ludgate Hill Branch, and these memoranda; one, a notice, is from the City Bank to close Mr. Sidney Franklin's account—this is a letter from a gentleman with a school at Margate who expects a visit from the sister, and wants to know when the boy is coming—I also found two pawnbrokers' duplicates, one for 15s. for a table cover, pledged by Mr. Hurwite, and one for a coat and vest for 7s., pledged by Mr. French—there were some cards with the name Sidney Franklin, 36, York Place, and three keys—I afterwards went to 36, York Place, and with two of the keys opened a drawer and a box, where I found thirty-six pawnbrokers' duplicates,
which related to articles pledged up to July, 1884—the tickets were in the names of Lionel Herbert, George Hurwitz, Albert Hurwitz, and Lionel Hurwitz—I also found this book (produced) containing some addresses, mostly of clergymen—I arrested Hurwitz—I found on him 1s. 1 1/2 d. in money, two pawnbrokers' duplicates, one for a book for 1s. 6d. in the name of Henry Hurwitz, and one for 3s. in the name of Abel Jackson, also some memoranda relating to Stock Exchange business. (These were bought and told notes and other memoranda from the various stockbrokers mentioned in the evidence)—neither of the prisoners made any statement at the station.
Cross-examined by Hurwitz. In your pocketbook I found two receipts, one for 15l. from your tailor, and the other for 4l. 7s. 8d. from your landlady.
Herbert in his defence stated that all his brother had done had been done by his instructions and on his behalf; that he had a certain, mania for speculation, but that he had never given a false reference or opened cm account in a fraudulent way, the introducers having written to the stock brokers against their doing business with him; that the only thing against him was his having said he had stock which he was not possessed of; but as on the Stock Exchange you can sell what you have not got, so you can say you have got wilt you have not, and that all the money he had gained he had lost with stockbrokers.
Hurwitz in his defence stated that he had called on one or two stock brokers by his brother's instructions, that he had never taken credit from anybody, and did not owe a penny in the world.
HERBERT— Eighteen Months' Hard Labour . HURWITZ— Recommended to mercy by the Jury on account of the other prisoner's influence. — Nine Months' Hard Labour.
Before Mr. Recorder.
MESSRS. EDWARD CLARKE, Q. C., and HORACE AVORY Prosecuted; MR. BESLEY Defended.
FREDERICK EDWARD HILLIARY . I am a solicitor, and clerk to the West Ham Local Board—the defendant has been in their service some time and he was appointed on May 29th as collector by this minute (produced) for the Plaistow Ward—I also produce a minute of February 10th, 1880, relating to his remuneration. (This stated that his remuneration was to be 8d. in the pound, but was never to exceed 350l. a year)—he was paid at that rate after that time—on 19th December, 1883, he was suspended by the Finance Committee at their monthly meeting, after which he came to my office, 5, Fen church Buildings, and said "I am deficient in my accounts with the Local Board"—I said "I shall be obliged to use against you anything You may say in the event of a prosecution taking place"—he said "Yes, I suppose that will be so, but I intend to throw myself on the mercy of the Board; I have been using the money I collected to pay a rate which I am also collecting for the Dagenham Commissioners, but of which I have collected very little, but when I have collected the
whole there will be 1,200l. due to me; I have plenty of money to meet the amount due by me to the Board, which is about 900l., or 100l. or 200l. over that"—that conversation was on December 22nd, when the books were in Mr. Macdonald's hands for investigation—on the 8th of January the Board instructed me to give him into custody—I was present at the meeting of the Finance Committee when he was suspended; he was asked to give any explanation he liked, but did not do so—as a clerk to the Losal Board of West Ham it was no part of his duty to be collecting the Dagenham rate.
Cross-examined. I have been living in the same neighbourhood of the last ten years, and have known him living there during that time—I have understood that he collected rents for private clients—I have been to his private house and seen this address card of his (produced)—Mr. Hollington is a client of mine—I know as a matter of notoriety that the prisoner was employed in collecting for private individuals and for the Dagenham Commissioners, and for building societies—I know of a reward being offered three years ago for the restoration of a bag containing a number of receipts which I understood was lost from the top of an omnibus—when this matter turned up on the 19th December, the auditors were engaged in their audit up to March, 1883, and would require the receipts before March, 1883, not after—the next rate would be dated the first part of April, they were made every half-year in two instalments, which renders it a quarterly payment—the auditor said that he should be obliged to surcharge Mr. Ashdown for a considerable sum which he had not collected out ought to have collected before March, 1883—here Are three cheques for 10l., 9l. 9s., and 10l., paid to my clerk—there was nothing wrong in his employing my clerk to help, the Chairman knew it—I do not remember his telling the Finance Committee on the 19th that he was muddled in his accounts through having too much to do, or that he was embarrassed by the loss of the receipt-book; he was in a highly nervous state, and offered no explanation that I recollect—I only had one interview with him in the private office—Mr. Enett was the chairman, I do not think he is here—immediately on his suspension he was asked to hand over all the books he had to Mr. McDowall, and he did so—all the receipt books are printed at the expense of the Board, and supplied by them—I do not suggest that he surreptitiously procured a receipt-book to be printed—Plaistow has increased enormously of late years, it doubled between 1860 and 1870, and since then has doubled again, and that would double the amount of work—the maximum of 350l. was first put down on the 10th of February, 1880—the work had increased then, but there were a large number of factories—before that some of the collectors were getting nearly 400l., but I do not think 400l. was exceeded—he told me he had been paying over to the Dagenham Commissioners about 1,200l. as if he had collected it, when he had not—he said "When I have collected the 1,200l. which belongs to me I propose to pay it to the Local Board for the amounts I have collected and not accounted for—I did not hint that he should make a payment as early as possible; I said, "I can't advise you in any way"—he did not say, "If I make a payment at once will they assist me?"—he said he could mortgage his property, or sell property, and he might get something from his brother and collect the Dagenham Commissioners account, and
so make his accounts all right—he said he had plenty of money to pay the amount due to the Board, and he showed me a statement; I have not got it—he put down his house in it as having cost about 1,150l., and he said he had mortgaged it for 650l. and he had some cottages at Plaistow which would come to 200l. or 300l., and he had 800l. invested in a building society, and then this 1,200l. of the Dagenham Commissioners', and he said, "I can pay all I owe and leave a large surplus"—I had a bond of 500l. from the Guarantee Society, and it was leaving that out, I understand, that he paid 345l. to the Board's credit on 4th January this year, and about 10th January they got the 500l. from the Guarantee Society—I don't think that was before he was in custody, but here is the banker's account (produced)—I paid in the money on 18th January—I made no note of how long it was in my possession—I did not know that anything would turn upon it—I don't think I paid the Guarantee Society's cheque in to my own account—the receipt shows that although the cheque of the company was drawn on 30th October it was not handed to Ashdown till 2nd November—a cheque for 59l. 10s. was paid to the credit of the Local Board on 3rd November—my clerk knows more of the business of the office than I do—the prisoner bears the highest possible character in the neighbourhood.
Re-examined. He has been receiving the maximum allowance of 350l.—I heard that the bag which he lost three years ago contained rate receipt books—I do not know on whose account the 345/. was paid in; he never made any statement to me about it.
FREDERICK ERNESS HARRIS . I am clerk to the prisoner at the Town Hall, Stratford—he has to deal with the rate-book, the receipt-book, and the monthly statement—the rate-book shows the amount of the assessment, and therefore the amounts it was his duty to collect, and when he had collected them it was his duty to enter them in the deposit book (produced)—here is a column for "Date when received," and then the amounts received—he made entries in this book from time to time, and he ought also to enter in it the amounts he paid in to the bank account—printed receipt-books were supplied to him for each rate in this form, and lately there has been a double counterfoil for the first and second moiety of the rate—there used to be separate receipts for each quarter—this (produced) is for the rate made October 23rd, 1883; it is the receipt given by Ashdown for 59l. 10s. to Spencer, Chapman, and Co., which sum has never been entered in the collector's deposit book—he paid the bank on the 12th 319l. 7s. 11d., which purports to be money received by him and entered by him as received—the next sum is 243l. 9s. on 13th October, and a country cheque for 1l. 6s. 3d. on the same date—there are subsequent payments on the 15th, 16th, and 17th—the sums are under the heading of "Receipts for rates," and the whole added together ought to make up the sum—the book is balanced every week as a rule—he might apply the payments of the cheques under the heading of "Receipts"—when the book is balanced it is in the sense of paying over to the bank the amount he has received, and only that amount—if he has not acknowledged that amount he has not charged himself with it—the cheque for 73l. 10s. is dated 19th October, 1883, and the receipt by Ashdown is 23rd October; that sum in not entered in his book as received, or included in the amounts paid over, nor this cheque of 30th October for 807l. 1s. 5d. from the London and St. Katherine Docks either—this letter of application
is not the prisoner's, it is by a less literate person—this demand note is in his writing, and the name "Aahdown" on the back of the cheque is his signature, and these initials, "C. W. A.," on the cheque are his—the cheque for 73l. 10s. bears his signature—345l. was required to be paid in oh 3rd January; the prisoner told me he had paid it in on account of the surcharge on empty houses—that had nothing to do with these matters—the amount of the surcharge was about 395l.—that was charging him with what he said he had not received, and he paid the 345l. upon it—he has not paid any other sum with regard to those deficiencies to my knowledge—he employed me to go through the books long before the auditor made the surcharge, and I rendered him assistance and was paid for it by him.
Cross-examined. Abut 8,000l. would be collected in Flaistow for the half-year's rate—I believe he made up his accounts every half-year or quarter, and paid in a lump sum every time he balanced the rate-books; that system has been going on from time to time; I have been there nearly four years, and that has been done quarter after quarter, without objection from the Finance Committee—about October, 1883, the Government auditor directed attention to the amount of empties, and a week or two afterwards intimated his intention to surcharge—the prisoner persisted that the rates were recoverable and had not been collected from the empty houses, and I was allowed by the chairman to assist him in trying to get at these empty houses, for which I received two cheques of 10l. each with the consent of the chairman—I worked a great deal, it required an immense deal of labour—9l. 9s. was for work done in the office by myself and another clerk in preparing the original statement—I do not know that the prisoner has complained that his account has got into arrears or into a muddle, but it was so; his accounts were seldom up to the proper date—a rate being made in April, 1883, the first thing was for the prisoner to fill up the receipt-book, which would take four or five days—there would be from 4,000 to 5,000 receipts in the three books—the two instalments make one receipt—he has to compare with the rate book the sum which each person has to pay—when a new rate is made the Board requires the money as quickly as possible—I never knew spare receipt-books to be used for a few days before the proper receipts were ready—I have said, "I have known the prisoner give receipts from time to time from the instalment receipt-book and from the arrears receipt-book," but you asked me with respect to a new rate—the audit which was going on in December was up to the previous 25th March—the collector's deposit book contains the separate receipts, not the names, but the figures, which the pass-book does not—the payments should agree with the pass-book; they are compared every week, and if they do not agree there would be an inquiry immediately—I am the ledger clerk, but it is not my duty to see that they agree, another gentleman does that—the prisoner takes the receipt-book home to his house, and writes his 1 Etters from his own house—the rate is balanced on 25th March, 1883—I know that he was employed by a number of persons to collect their rents, and that he is registrar of births, deaths, and marriages, and that he has also an appointment from the Dagenham Commissioners—I know nothing about his letters to the chairman about payment by instalments.
Re-examined. I had no idea until the investigation of the books that he had been receiving money and not putting it down—he had
books in his possession for instalments or arrears—there was no reason why he should use an instalment receipt instead of the proper one, unless he had not the receipt prepared at the time, the book might not have been prepared—I don't think the instalment receipt-book" is in Court, but this amount has never been entered in the deposit book, and here is the receipt as if it had never been paid—when he paid a sum to balance, that was to balance the rate books, to discharge himself of all which he had charged himself with in the books—it was a small amount, in one case it was 24l.—it was suggested that he should be surcharged something like 980l. for the empties—the accounts were investigated with respect to the empties alone; and the auditor concluded that he had legally allowed some amounts, but there was no reason why he should not have collected others—the poor-rate collector had collected his rate, and the prisoner had not collected his, and therefore he was surcharged.
By MR. BESLEY. I found no case where he had received on an empty and not paid over—the 985l. was arrived at thus: the amount allowed by the poor-rate collector was taken out, and the amount allowed by Mr. Ashdown, and he was allowed the sum over and above, so he was 985l. deficient—he returned 985l. as empty, and he had allowed 1,285l., and his colleague McDowall had collected his amount.
HARRY MUSGRAVE . I am in the employ of Spencer, Chapman, and Co., of Silvertown—I produce a letter of 9th October, the demand note, and a cheque dated 12th October, 1882, for 59l. 10s., payable to C. W. Ashdown and enclosed by him—this is one of our firm's cheques, it has passed through our bank and has been paid.
WILLIAM CHARLES SAMBLER KING . I am in the employ of Adams's, Nitro-Phosphate Company—I produce their cheque for 78l. 10s., payable to C. W. Ashdown or order, and endorsed by him; it has passed through the bank and been paid.
HUGH PURVIS BRODIE I am a clerk in the St. Katherine's Dock Company—I produce a cheque for 807l. 1s. 5d. which has passed through their bank and been paid; also a demand note of October 27th and a receipt for the amount initialled by the prisoner.
ARCHIBALD MCDOWALL . I am clerk to the West Ham Board of Guardians—on 19th December I took over the prisoner's books at the request of the clerk to the Board—I continued his duties—he came to my house on 22nd December and asked if I had got the books—I told him I had not brought them home from the Town Hall—he said he wanted to go through them with me to point out certain sums which he had collected and had not paid in, and he did not want to trouble the firm with an application from me—I made an appointment for the next Thursday—I then took a piece of paper and made notes from his statement; and among other accounts I found 59l. 10s. from Spencer, Chapman, and Co., 73l. 10s. from the Nitro-Phosphate Company, and 807l. 1s. 5d. Katherine's Docks—I added up the amounts, the total came to 1,846l. 15s. 8d.—we had a conversation on the subject—we had been brother collectors some time, and he said he had been collecting for the Dagenham Commissioners and had once paid them something like 1,500l.—I advised him to pay in as much as he could—he said he would pay it all in if the Board would give him time, and said "Well, I have made a confidant of you, I must leave it in your hands"—I said "It is too public, if I see the clerk or the chairman I must mention it to them."
Cross-examined. He told me, of course I should have to see the chairman—I was appointed on December 21st, and he taw me on the 22nd—he did not bring the books or papers—I found them at the Town Hall—what he said was "I should like to point out to you from the books, if you have them, certain amounts which have been received and not yet entered"—I have been collector of the poor-rate six years, but of the local rate only since the prisoner's suspension—when he went for a holiday I took charge of his books, papers, and accounts, and when I went for a holiday he did the same—he has borne an irreproachable character in his neighbourhood, no man is more respectable or believed to be more honourable—when he said, "If the Board give me time I shall pay every shilling of it," that was before the 345l. was paid—there was no discussion about empty houses when I said "pay in as much as you can"—the auditor did not surcharge till after the payment was made—the prisoner's audit came on subsequently to mine, and in going through his books, the auditor in order to guide him, said "I wish to check my account, and how far it is from the same people;" and, if he had made a larger allowance than Mr. Ashford it would have fallen on my shoulders, but he had made a larger allowance for empties than I had, and he said "If one collector collected it you ought to have collected it"—the prisoner told me that he got muddled in his accounts since he lost the bag—I know he was embarrassed three years ago by the loss of the cheque endorsements—he said "The 1,500l. which you have entered on the paper I have paid to the Dagenham Commissioners, and I mean to pay it to the Board as soon as I have collected the Dagenham rate if the Board will give me time"—I never knew him guilty of extravagance, and I don't know that it is false that he paid the money to the Dagenham Commissioners before he collected it—he was employed by a number of persons to collect their rents.
Re-examined. I have no reason to believe it is true that he paid the money to the Dagenham Commissioners—I had no idea he was behind hand in paying in money which he had received; it might be that some houses which were empty when he did not collect the rate would become occupied; still, if the collection is carried on promptly, you are more likely to get your money—the other collector's excess was 900l. over ours for the year ending 25th March, 1883—he had allowed 980l. more than we had. (The prisoner's letters to the Board were here put in and read.)
CHARLES HENRY DAVIS . I am manager of the Stratford branch of the London and County Banking Company, and treasurer of the West Ham Local Board, which had an account at my bank, the prisoner had a private account there, which I produce a copy of during October—I have examined it with his account in the ledger, which is one of the ordinary books of the bank—I also produce a certificate of the Registrar of Joint Stock Companies to the effect that the bank is limited—I find in the prisoner's account a payment in on 26th October, 1883, of 126l. 6s. 8d. I produce the paying-in slip in his writing, showing how that sum was made up; it shows one item of 17l. 10s.—I also produce a true copy of the waste-book of the bank, and find that the 72l. 10s. in the paying-in slip was this cheque of the Nitro-Phosphate Company (produced), so that that cheque went into his private account—at the time the 126l. was paid in, his private account was overdrawn 12l. 13s. 4d.
Cross-examined. There are cheques drawn on his account in favour of the Dagenham Commissioners—there is one for 120l. on that date, so that
the 72l. 10s. came from the Local Board and went out again the same day to the Dagenham Commissioners, after which his account was still 6l. 6s. 8d. overdrawn—I have only one cheque in favour of the Dagenham Commissioners that month.
JAMES LLOYD (Detective K). On 8th December I took the prisoner at his house in West Ham, and told him it was for stealing the money of the Local Board—he, said "I think it is a very harsh step for the Board to take; I will come with you to the station"—on the way he said "You remember my losing my bag about three years ago?"—I said "Yes."
Cross-examined. He said "I know I am back in my accounts, but I can make things right."
FREDERICK ERNESS HARRIS (Re-examined). This is one of the minute-books of the Board—it contains this minute: "June 26, 1882. In order to meet the facilitation of collecting the rates, Mr. Ashdown shall be asked to arrange for attending at the office on every week day, in addition to his attendance at the Town Hall."
ARCHIBLAD MCDOWELL (Re-examined by MR. BESLEY). I have lived in the neighbourhood 37 years, and have known' the prisoner as collector for Dagenham for years—his father was collector before him for the whole parish and he became Vestry Clerk.
The prisoner received an excellent character.
GUILTY. Strongly recommended to mercy by the Jury on account of his character, and also from the temptation which had been increased by the lax way in which the Board allowed the books to be kept. MR. AVORY said that the Local Government Board Auditor checked the receipts weekly and was satisfied with the books. The RECORDER stated that he did not concur in the censure of the Jury.— Five Years' Penal Servitude.
MR. GRUBBE Prosecuted; MR. PURCELL Defended.
CHARLES BATES WANTZ . I am a draper of Leytonstone—Taylor was my assistant—he came into my service on February 21st—he gave me as a reference Messrs. Edwards and Charlton, of 44, Queen's Road, Holloway—after he came I missed some goods, and in consequence of something that was told me I gave him in custody on the 25th—he made a statement to me in consequence of which I went with Mellish next day to Edwards's house, and saw Mellish take some gloves from the pocket of a coat—I found my private mark in them—I had bought them of Dent and Allcroft—this is the invoice—these are the gloves and here are fourteen pairs more which were found on Taylor—they all have my mark "b. m. l."
Cross-examined. Foster, Porter, and Co. and Lent, Son, and Co. sell goods of the same kind, and I have bought gloves of them—I have bought of Dent's in large quantities—I had a fire at one of my places of business, after which there was a salvage sale, but no four-button gloves were sold—"b. m. l." indicates the price—I get those letters from the cypher "By him alone," and the letters stand for pence—I have been in business 15 years, but I have only had that cipher 11 months; prior to that I used plain figures—they are marked by my assistants—of these
six pairs before me four pairs are marked in cypher and two are not—more than one person marks them, and the marks are in different writing.
Re-examined. The fire took place 13 months ago, at Kingsland, and these gloves came into my possession in January, by the invoice.
GEORGE MELLISH . On 6th February I went with Mr. Wants to Edwards's house, the Hope beerhouse. City Road—he was inside the bar; I said "Are you Mr. Edwards?" he said "Yes"—I called him into the sitting-room and said "I am a police-sergeant, and I have called to make a few inquiries; this gentleman (pointing to the prosecutor) has found out one of his shopmen, and charged him with robbing him; the shopman says that he has been in the habit of fetching goods to you, and that he brought 14 pairs of gloves and some ribbons last Sunday morning, which you bought and paid 10s. for"—he said "I have not bought any gloves from any one," and asked Mr. Wantz the shopman's name—he said, while getting out his pocket-book, "I quite believe what my shopman has said, I believe he is telling the truth, and I will charge you with receiving the gloves"—I said "You will consider yourself in custody on this charge"—he said "I have not bought any gloves of any one—I searched the house, and found on the landing a large box locked, bearing the name of Taylor; I asked Edwards whose box it was, he said "I don't know, it is one of the lodgers'"—we searched it, but found nothing material in it—we went to the sitting-room, where I found a coat on the cupboard-door with a parcel in the breast-pocket, containing a parcel with these six pairs of gloves and a memorandum—Mr. Wantz examined them and said "These are mine, here is my private mark"—I said to Edwards, "You hear what Mr. Wantz says;" he said "Yes, it is not my coat"—I showed him some envelopes in the pocket addressed to him, he made no reply—I told him he must go with us to West Ham—he put the coat on and went with us, and he wore it before the Magistrates on both occasions.
Cross-examined. I did not ask him to put it on—he made no remark when I took out the memorandum—I was not aware that he was moving from another house, and that things were coming over piecemeal—I made a note of the conversation.
Re-examined. Mr. Wantz had told him to consider himself in custody before the gloves were found.
FREDERICK WILLIAM KIMPTON . I live at 44, Queensland Road—I was employed by Edwards as caretaker—he was a costumier up to February 20th this year, and then removed to the public-house where he is now, and Taylor lodged in the house.
Cross-examined. Taylor lodged there for about a fortnight before he went to the draper's shop—Edwards moved his things out by degrees to the public-house—I saw him take up different things and put them into his pocket; one parcel was the size of this—a gasfitter and paperhanger were at the new house when Edwards was taken.
Re-examined. I said before the Magistrate "I saw him take up some-thing, I cannot say what; I don't know what he did with it, but when he was leaving I saw a parcel in his hand; he moved it from this pocket to this"—I said before that he moved it from one pocket to the other to get 2d. to get me a pint of beer—I wall not in his service, but my wife and I were taking care of the house.
Cross-examined. That was the first time I marked gloves, and I have not marked any since, but I dare say I have marked hundreds of other gloves—these are the only four-button gloves I ever marked—I can't say how many of them I marked—I marked them With pen and ink; some this way and some that—three persons marked gloves besides me, but I know these by my writing.
Re-examined. On 15th February I went from one department to another, and that was the first time I was employed in that department.
EDWARDS received a good character.
GUILTY .— Six Months' Hard labour.
TAYLOR— Twelve Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
Before Mr. Recorder.
ROSA CORVAN . I live with my brother, the prisoner, at 5, St. Helena Road, Rotherhithe—on 4th February we had a few words about my child being taken away by its father, Vincent Coleman—I did not want it moved, and slapped the prisoner in the face, and then threw a glass at him and hurt his eye; I am very sorry for it—he then hit me back again; I really forget what with—he has been a father to me—I have been examined before. (The witness's deposition before the Magistrate was hers read to here which stated: "I had a few words with my brother, the prisoner; he hit me on the head with the hammer.") I cannot say whether that is true; I was excited at that time. (The witness was cautioned by the Court that she had sworn to tell the whole truth.) I have no recollection of the prisoner hitting me over the head with a hammer—I said before "I don't remember if I did anything to the prisoner," but now I say that I slapped his face, and hit him with a glass—I was a good deal excited; I had just come out of the hospital, and my two brothers came in—I was taken to the hospital that night; I had blood on me, but I did that myself falling downstairs—I jumped out of the window because I threw a glass at him, and I wanted to get away—I said nothing before the Magistrate about falling downstairs; I said that my brother was mad drunk—I have no recollection of his hitting me with anything.
MR. HIND. I was house surgeon at St. George's Hospital on 5th February—the prosecutrix was brought in on a police ambulance covered with blood from wounds on her head; she collapsed, and I had her removed into one of the wards—when her hair was cut off saw a large patch of wounds three and a half inches square on the
left side of the occiput, and another patch of wounds above it two inches square—in the upper patch they penetrated to the skull, and the scalp was separated from the skull between the two wounds—I put my finger underneath—there was a wound over the left side of the forehead three-quarters of an inch long, but not very deep, and behind the left ear there was another slight wound—they were contused, not sharply cut—there was a good deal of bruising on the left arm, high up, and a contusion over the back of the left hand; it is a question whether one of the bones of the left hand was not broken, but there was too much bruising to see, for some time she had sugar in her urine—there were eleven distinct cuts besides the bruises—this hammer (produced) would produce the wounds, but it would have to be in the hands of a man who aid not know how to use it very well or one blow might have killed her, because it is so heavy—there were too many wounds and in too many different places to have been caused by her falling downstairs—she remained in the hospital just a month, and her life was in danger for two or three days, but she got rapidly well—the prisoner had a deep cut on the palm of his hand—he was very faint from loss of blood, and did not seem to know what he was about—it might have been done with glass.
GEORGE NICHOLS . On 12th February, about 12.30, I was in St. Helena Road, and saw the proseoutrix hanging by her hands from a window-sill, 9 or 10 feet feet from the ground—I heard no cries—I called an officer, who took her by her feet, and she fell in my arms—her head did not strike the ground—she was bleeding—we took her to the hospital.
ALFRED DURRANT (Policeman M 846). Nichols called me about 11.30, and I assisted in lowering the woman to the ground—I then went in and took the prisoner, and in his presence asked her who did it—she said her brother—his hand was cut very much.
Cross-examined. He was so much cut and bleeding that we had to take him to the hospital.
JOHN HARDINGE (Policeman). On 4th February I searched No. 5, St. Helena Hoad and found this hammer—the handle was broken in two and the pieces were some distance apart—they belong to each other, and it is a new break—the hammer itself was in the wash-house covered with blood—the first time I saw the prisoner he was in the station unconscious from loss of blood—he was taken to Guy's Hospital, but not detained.
The Prisoner's Statement before the Magistrate. "I am very sorry for what has taken place."
Witness for the Defence.
CHARLES ADAMS . I have known the prisoner 16 years—on the death of his parents he was appointed to take charge of the family instead of another brother who could not be trusted—he has been kind in the treatment of his brothers and sisters—I do not know that the birth of this child has preyed upon his mind, but for the last two years he has not been the same man—he said once "You will hear some day some-thing which will surprise you"—I did not know what it was, but now I understand it—his wife told me that he attempted to commit suicide, and was charged with it before a Magistrate.
GUILTY .— Five Years' Penal Servitude.
MR. GOODRICH Prosecuted.
JOHN BURRELL (Policeman R 242). On 11th February, about 4.30 p.m., I was on duty in New Cross Eoad and saw the prisoner with this bundle—I stopped him and asked him what it contained—he said "An overcoat"—I asked where he got it—he said, "I bought it yesterday in Greenwich"—I asked him the shop—he said he could not tell—I asked him where he lived—he said "No. 12, Greenwich"—I asked him the name of the street or road—he said "You know, down by the church"—I took him to the station and opened the bundle—it contained an overcoat.
GEORGE MOCKFORD . I am assistant to Arthur Stapleton, a clothier, of 11, Broad street, Deptford—on February 11th at 5 o'clock p.m. I was called to the police-station and saw a great coat with a ticket on it with my master's name—it had been hanging a foot inside the door, and I missed it at 3.45 that day; it was safe at 3.20.
The prisoner in his defence stated that a gentleman asked him to pledge the coat and promised him a shilling for doing so.
GUILTY . He was further charged with a conviction of felony at Taunton in June, 1875.
WALTER ROBINSON . I am a warder of Pentonville Prison—I produce a certificate. (This certified the conviction of Henry Williams at Taunton on 29th June, 1875, after a conviction of felony.) He was in my custody—the prisoner is the man.
GUILTY.— Four Months' Hard Labour.
442. SARAH SHIPLEY ALLRIGHT (30) , Unlawfully obtaining from Elizabeth Offord and her husband 10s. by false pretences, with intent to defraud; and various sums from other persons in a like manner and with a like intent.
MESSRS. MONTAGU WILLIAMS and HORACE AVORY Prosecuted.
FRANCES ANN PHILLIPS . I am the wife of William Phillips, and live at 18, Florence Street, New Cross—on Thursday, 27th September, the prisoner came to my house about 10 o'clock in the evening—I had lodgings to let—she asked for some, and I gave her lodgings for the night—she brought no luggage, she told me she had six boxes at Waterloo—she agreed to pay 1l. a week for her lodgings—she said she had been living with an old lady in Oxfordshire who had died and left her sufficiently to live on, and she had money from her mother, and she could afford to pay me 1l. a week—she slept there on the Thursday, and on Friday she slept with me—I left my purse that night in my pocket in the dress across the foot of the bed—in the purse there was a half-sovereign, which next day I missed—the prisoner left at 10 o'clock on the Saturday morning, telling me that she was going to Waterloo Station for her luggage and would be back about 12 o'clock—she never came back, her luggage never came—after she had gone I missed an umbrella, which I have not seen since.
Cross-examined. You gave me an agreement to pay me 1l. a week, not an I.O.U. for the half-sovereign—I did not tell the superintendent at Greenwich I lent you the half-sovereign and umbrella, I did not lend it you.
Mornington Road, New Cross—the prisoner came to me at 11 a.m. on Saturday, 29th September, and asked me for a furnished bed and sitting room—I said they would be 7s. and 1s. for attendance—she agreed to that—she said she had been living in Oxfordshire with Lady Norman, and that her luggage was at Waterloo Station, she would send for it—she said she would send a telegram for her things, and on the Monday she said the reason the things had not arrived was she supposed that the housemaid was going to be married and the housekeeper was out—on the Tuesday no luggage arrived—she said she would go to Waterloo for them, and she asked me to lend her some money to go and fetch her things—I lent her a half-sovereign believing her things were at Waterloo—she said she had plenty of money in her boxes—she came back between 6 and 7 and said the things were at New Cross Station and the porter would bring them down and she got another shilling from me—I believed that statement—she said she was then going to Waterloo to fetch the harmonium and would bring it in a cab, and she got another shilling from me for that, which I believed—she took the street-door key and went—I never saw her again, I never got my money back—she gave the name of Miss Nicholls—she had a brown silk umbrella with her when she came to my place.
ELIZABETH MURFORD . I live at 19, Steadman Street, Walworth Road—on Wednesday, 21st November, the prisoner came to my house and took a bedroom in the name of Shipley—she agreed to pay 4s. 6d. a week for the use of a bedroom, and I was to board her and charge her at the end of the week what I thought fit—I asked her for a reference and a deposit; she said she could not pay me the deposit, she had spent all her money in travelling the day before, and she gave me a reference to Lady Nor-man, Cloud House, St. John's Terrace, Oxfordshire—I said at the time that was not good; she said "Oh yes, everybody knows that family there"—she wrote a letter in my parlour, and my daughter posted it—I saw the prisoner direct it to "The housekeeper at Lady Norman's—on Thursday evening it came back through the dead-letter office with "Insufficiently addressed" on it—she then asked me to write another letter to the housekeeper—I wrote it; it also came back the next week through the dead-letter office—the day after she came in she asked for half a crown to go to the hotel next to Waterloo Station, because she had left a ring there as she had not enough to pay for the bed, which was 7l. 6d.—she came back with the ring on her finger, and said she had been from there to Paddington, where she said her luggage was, four boxes and a large hair trunk, and all with Chubb's locks on, and I gave her 3s. to get her luggage, which she said she had seen that morning—she went to fetch it, and came back in the afternoon, but brought none with her—the next day she said she must go again, as she could not think why her luggage did not come—she asked me to give her 5s.; she said she had been to Paddington and seen Griffiths, and he said if she took her lunch the luggage would have come by that time—I believed her story, and gave her the 5s., so that she might get it—she went out, and came back before tea without it—after tea she went out, and I never saw her any more.
Cross-examined. I did not give you the 10s. for you to get me some hair—I did not think you ought to give me the ring off your finger.
Friday night, 21st December, the prisoner came, and I let her a small bedroom, for which she was to pay 5s. a week—I boarded her while she was there, but we did not come to any terms what it was to be—on Saturday she asked me if I would lend her money to fetch her luggage from Victoria Station—I believed her statement, and lent her 10s. to fetch it—she went out, but brought no luggage back, she said she had not sufficient money—I then lent her 5s., and on the Sunday she went out, came back, and said she had got it to Queen's Road station—on the Monday morning she went out, and said she should not be more than 10 minutes, because I told her my landlord would call for my rent—I did not see her again till the detectives fetched me—I never saw my 15s.—I also lent her two pocket-handkerchiefs—she gave me the name of Miss Emily Gray, and said she had been living on the borders of Scotland.
Cross-examined. I did not when I brought up your breakfast ask you if you wanted any money, and say you had better have some medicine, as you did not seem well—I lent you 10s., and Miss Carry, a lodger, 5s.—my house is quite respectable—a man slept in the same kitchen as I did, on a chair—I am a soldier's widow, and work for the army.
CAROLINE SMART . I am a widow, of 110, Falmouth Road, New Kent Road—on 9th January the prisoner came to my house, and gave the name of Miss Black—she took a bedroom and parlour, at 2l. a week for board and lodging—she said her luggage was at Paddington Station, and asked my daughter to write a letter, which I saw her do—I think she said she had come from Huntingdonshire, and had been saying at the Paddington Hotel—she stopped that night at my house and boarded—next morning she asked me for the loan of a sovereign to get her diamond earrings from the Paddington Hotel—I lent her a sovereign—she went away, and came back and asked for another 11s.—she said she had been to the station, and her luggage was more than she thought, as it had come by special train to Paddington—I gave her 11s. more—I did not see her diamond earrings when she came back—she came back again bringing no luggage, and wanted another 6s., as the 11s. was not enough—I gave her another 6s., and she went out, and asked me to send my little girl to meet her at St. George's waiting-room in the Dover Road—I never saw her again till I saw her at Greenwich Police-court—I never saw any luggage—I lent her altogether 1l. 17s.—she gave me two rings, which she took off her fingers, when I lent her the sovereign, as a deposit for the money—she said one was a very good one and had belonged to her mother—these rings are like them, I could not swear to them—I afterwards gave them to the police—I believed her statements about the luggage when I lent her the money.
ELIZA BRIDGE . I am the last witness's daughter, and live with her at 110, Falmouth Road, New Kent Road—I remember the prisoner coming and taking apartments—on the day she came she asked me to write this letter, and gave me a penny to post it, and I did so—it is addressed, Mrs. Martin, Claremont House, Berth, Oxfordshire"—I had never heard of Berth before—"Dear Mrs. Martin,—Will you forward my luggage as early as possible to the above address. I have taken up my home at the above address. If you book it at the Great Western they will send them on here. Miss Black"—that came back in about a week, marked as now, "Try Bath" "Not Bath," "Not Brill"—I saw mother hand the prisoner 1l. 17s. altogether; she called me in—these are the rings
she left; she said "Which will you have?"and my mother said "If you don't mind, I will have both."
ALICE MILLER . I lodge at 110, Falmouth Eoad, at Mrs. Smart's—the prisoner occupied the same room as I did on the night of 10th February—on the morning of the 11th I went out, leaving the prisoner in bed, and when I returned missed my ring, which I had left on the lookingglass in the bedroom—it was a gipsy ring with two diamonds and one sapphire, small ones.
ANNIE HUMPHREY . I am the wife of William Humphrey, of 288, New Kent Road—on 22nd January the prisoner came to my house and took lodgings at at. 6s. a week, giving the name of Miss Gray—she brought no luggage, but said she had three boxes at Paddington Station, and that she came from Oxfordshire, where she had been living with a lady for 13 years, and that she had left her 10l. a week—I asked for a reference; she gave me one in Oxfordshire; we refused that, and then she said Mr. Anderson, Ironmonger Lane, her lawyer—I applied to him—next day after she came in she asked for money to get her boxes from Paddington Station; first she asked for a sovereign, and then for 30s.—I gave her 30s., and she went to fetch the luggage; she never came back—she said she had been staying at the Paddington Hotel—when I lent her the 30s. she said she would leave two rings which she was wearing at the time—I believed her statements about the luggage when I gave her this money.
SUSAN GREGORY . I live at 21, The Grove, Camberwell—on Wednesday, 6th February, the prisoner came to my house, gave the name of Andesimon, and took lodgings in my house at 25s. a week for board and lodging—she brought no luggage, but said she had seven boxes at Paddington Station, where they had been for seven days, as she wanted money to get and bring them; she wanted me to lend money—I said I never lent money, it was quite against my will to do so—she said she could not get them unless I lent her the money to do so, and she said she would leave with me more than four times their value if I would oblige her; she had things she could raise money upon, but did not like to do so—she left me this chain (produced)—I did not ask her to leave it, and did not want it—she said her mistress gave 8l. for it, and gave it to her as a present—I lent her 30s.—she went out, she said to Paddington to get the luggage, saying she would be back by 1.30—before she went she said I was to refer to Lady Blissby, of 152, Earns Court, Kensington—I wrote this letter (produced) to Lady Blissby after the prisoner left the house—the letter came back through the post-office—the prisoner never returned to the house—I never saw any more of the luggage or of the 30s.
Cross-examined. I did not notice the chain through your Ulster and say "You have a chain on"—I went to Miss Hopkins, my lodger, and she said, "Don't lend money"—I asked you if I might show her the chain, and I took it to her—I doubted it from the first, it did not look good—I did not use Miss Hopkins's name when I came down.
FREDERICK KING . I am clerk at the up-parcels office, Paddington Station—I should between certain dates receive goods that arrived from the country consigned to Paddington till called for—I produce my books between 22nd November and 21st January; I have examined them, and find no boxes or luggage of any sort consigned to Shipley, Black, or Gray—between those dates I had no luggage in any of those names—there is
no Griffiths at the station in the parcels office in my department—we only have luggage come by special train to Paddington at Christmas time.
CHARLES FUNNELL . I am a clerk in the up-parcels office at Paddington—I produce books I have kept from 21st January to the present time—I find no entry consigned to Anderson or Andesimon from Oxfordshire between those dates; there is no such consignment.
AARTHUR GEORGE COBURN . I am assistant to Mr. Sharp, a jeweller at Deptford—this chain in the name of Gregory is brass, and would cost about 1s. to buy—these two rings are paste and brass, and worth about 1s., and these two in the name of Humphreys are paste and brass, and worth about 1s. each—the earrings, brooch, and watch and chain are brass and paste; the watch is a purse.
FREDERICK FORTH (Police Sergeant R). I arrested the prisoner in the Blackheath Road on 7th February, and told her I should take her into custody for stealing a half-sovereign from Mrs. Phillips's, Florence Street—the prisoner said, "That is a debt"—at the station a watch, chain, earrings, and brooch were taken from her; she was wearing them—she gave the name of Sarah Shipley, and refused her address.
Cross-examined by the Prisoner. You did not ask Inspector Francis if he charged you with stealing or borrowing—he did not day "Stealing; if you borrow and don't take it back we call that stealing."
Re-examined. Francis was at the station when I took her in.
Cross-examined. Mrs. Phillips charged you—I said you would be charged with stealing the umbrella and half-sovereign—I did not say that if you borrowed and did not pay back it was stealing—I said it was stealing.
Prisoner's Defence. I am very sorry for borrowing the money, but I borrowed it with the intention of paying it back.
GUILTY †.— Twelve Months' Hard Labour.
443. BENJAMIN COWELL (19), JOSEPH GALLAGHER (26), and JOHN LONG (40) , Breaking and entering a warehouse belonging to Her Majesty, and stealing 400 yards of gold lace and 2 1/2 yards of cloth, and three coats, one vest, and four pairs of trousers, the property of Henry Shaw. Second Count, receiving.
COWELL and GALLAGHER PLEADED GUILTY .
MR. CULPEPER Prosecuted.
HENRY SHAW . I am sergeant and master tailor in the Royal Artillery—on 21st February I saw my workshop fastened about 10 minutes past 7 in the evening, and next morning, about 10 minutes past 8, I found it broken open—I found my gold lace drawer burst open and a lot of lace gone, and a box broken open and a lot of clothes taken from it; the box was not locked—this is the very same lace (produced)—I have seen the clothes too; I identified the whole of them the next day.
WILLIAM OSBORNE (City Detective). On 22nd February, just before 8 o'clock, I was in Petticoat Lane, and saw Long standing outside a public-house and the other two prisoners inside—Long went in, and I saw them drinking together out of a quart pot—Long came out and stood on the kerb—Birch came up and spoke to him, and went into the public-house with him—I saw them all round the bag (produced), and Long was
showing a pair of tweed trousers to Birch—Birch came out and ran away, and in about 10 minutes returned—in the meantime Long stood watching on the kerb—Birch came back, and after a few minutes went away with a parcel—I stopped him, and in consequence of what he said handed him over to another officer—I then returned to the public-house with him—I saw the three prisoners drinking—I said, "Long, I have just stopped a man with a suit of clothes in his possession which he cannot account for satisfactorily, and I have handed him over to the police; he states he purchased them of a civilian and two soldiers; do you now anything about him?"—he said, "No, I know nothing about it; I am just going to look for work, and was having a pot of beer"—I asked them—they said, "We know nothing about the man or the clothes"—I said, "From your description he bought them of you"—Long said, "I know nothing of it, I have only just come in here, and am going to look for a job"—I said, "If you come with me I will confront you with him"—the soldiers said they would come with me—Long said, "I am going to look for work"—I said, "You had better come with me, I will pay you for taking the things as you are going with me"—I confronted them with Birch, and said to him, "Is that the man you bought them of?"—he said, "Yes, that is the man I spoke to, and who introduced me to the others"—Long said, "I met the men this morning, and brought the things to sell them, and I did meet that man Birch, and he gave a dollar for the suit"—they were taken to Guildhall, and while the case was being investigated I received a message from Woolwich about the case, and they were handed over.
WILLIAM BIRCH . I live at 44, Birchen Street, Bromley—on 22nd February, about 8 o'clock in the morning, I was in Petticoat Lane, and saw the three prisoners—Long asked me how the work was going on, and I said we were not very busy, but if he came down we might have a job for him—he asked me if I would have a drink—I went with him to the public-house—he introduced two soldiers to me, and asked me if I wanted to buy a suit of clothes—I said "I haven't any money"—I looked at the clothes and said "I think they will fit me, if I can get the money I will come back in a quarter of an hour—I went to the warehouse and borrowed 7s.—I gave Gallagher 6s. for a suit of clothes, and the younger soldier gave me the clothes—I wrapped them in paper and was taking them to the place where I am employed, when Osborne stopped me—I know Long from his being casually employed at the same place as I am at.
Cross-examined by Long. I have known you six or seven years as working there occasionally.
ERNEST HEATH (City Policeman 933). At 8 o'clock on 22nd February I saw Long in Cutler Street, in company with two soldiers; he was carrying one of the bags, and he beckoned them across the road to follow him—I spoke to Osborne and told him in what direction they had gone; he followed them.
GEORGE CAVILL . On 23rd February I saw all three prisoners at Guildhall Police-court when they were brought up on the remand—I applied for a remand, and arrested them—I took ling—he said he was innocent of the crime of stealing the articles—I went to the shop and found both locks of the door broken off—I also received a knife from the prosecutor.
Witness for the Defence.
MARGARET KNIGHT . On the night of 21st February I went out for my supper beer a few minutes after 10 o'clock, and arrived back at 10 minutes past 10—the prisoner was then outside his room-door—I did not see him again till next morning at 7 o'clock, when I saw him going out to his work.
Cross-examined. He has lived in the next room to me in the same house for between three and four months—I cannot say if he was at work at this time.
The prisoner stated before the Magistrate and in his defence that he met the other prisoners in the Borough; they asked him the way to Petticoat Lane; he was on his way to the London Bocks, and walked with them. The younger prisoner asked him to carry the bag; they went into a public-house and were having some beer, when seeing Birch pass, he called him over, and Birch saw the clothes and thought they would fit him. He denied having had anything to do in the matter.
Gallagher. No, we met him by accident; he knew nothing about it.
LONG— NOT GUILTY .
GALLAGHER and COWELL— Five Years' Penal Servitude each.
MR. CULPEPER Prosecuted; MR. AVORY Defended.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. LOUIS Prosecuted.
ARTHUR GUNN . I am 10 years old, and live with the prisoner, my father, and my little brother Henry, who is five years old, at 16, China Walk, Lambeth—on 2nd January, at 1 o'clock in the night, my father came home—he looked as if he had been drinking—he came into the bedroom and took a stick of wood and called Maria; he then took the baby out of bed and made him stand at the top of the stairs, and my father and baby fell together—there was no light in the room.
GEORGE HODGE . On January 2nd, at 1 a.m., I was called to the prisoner's house, and found him lying at the bottom of the stairs in a pool of blood—I told him to get up; he did so, and said "I will blow the house up and set fire to the lot—I saw the child in Bailey's arms, with a wound on its head—I sent it to the hospital, and told the prisoner he must come to the station—he became violent, threw himself on the ground, and said "You shall carry me"—we carried him to the station with assistance—he said "I have made a fool of myself, I am sorry for what I have done"—he had been drinking heavily, but he got up by himself, and walked upstairs fairly.
JAMES BAIN . I live at 8, Lambeth Walk, near the prisoner—on January 2nd, at 1 a.m., I saw the child about 40 yards from the prisoner's house, smothered with blood, and crying—no one was with him—I took him in my arms and took him to a constable—I then took him to the house, sent for a cab, and left him in charge of the constable and the mother.
JOHN BAILEY (Policeman L 145). I accompanied Hodge to the prisoner's house, and found him on his back at the foot of the stairs—he got up—he had been drinking, and I don't think he knew what he was about—he walked upstairs, but he had to help himself by the balusters—Bain handed the child to me; he had a wound on his head—I got a cab, and he was taken to the hospital.
ARTHUR GUNN (Re-examined). My little brother and I were in bed—he had no wound on his head when my father came home—I lifted him oat of bed, as my father was drunk—no one told me to take him out of bed—my father did not walk over to our bed.
GEORGE DAVID JOHNSON . I am house-surgeon at St. Thomas's Hospital—early in the morning of January 3rd the child was brought in with a scalp wound, extending from above the left eyebrow, over the side of the head to behind his ear, and a large flap of scalp hung down over the ear—he had lost much blood, and was cold and collapsed and in a semi-consoious state—it was dangerous; it went through the skin, but the bone was not exposed—he was in the hospital till a fortnight ago—he is well now—it might have been caused by falling downstairs with a man.
The Prisoner's Statement before the Magistrate. "I am very sorry for what I have done—I was full of drink."
NOT GUILTY .
MR. POLAND Prosecuted.
ARCHINALD MCNEIL FERGUSSON . I am assistant to Mr. Finch, a chemist, of 8, Star Terrace, Bermondsey—about 12th February the prisoner came in for twopennyworth of capers and gave me a florin—I gave her 1s. 10d. change and put the florin in the till—there was no other florin there—I afterwards took it out, and I am sure it is the same—I sent it by Goodman for half-a-pint of ale, and he brought it back bent—I kept it, and on 20th of February the prisoner came again for twopenny-worth of sarsaparilla balls and gave me a half-crown—I recognised her, found it was bad, and gave her in custody with the coins—I am sure she is the same woman.
Cross-examined by the Prisoner. I did not say at the station that I could not say that you were the woman—I was rather excited, it being the first time I was at a police-station.
EDMUND GOODMAN . I am Mr. Finch's errand boy—on 12th February about 7 p.m. Mr. Fergusson gave me a florin to take to a public-house; I gave it to the landlord—he gave it back to me, and I took it back to Mr. Fergusson.
Cross-examined. You were going out as I came in.
two coins—I asked her if she had any more—she gave me a half-crown and a penny—she said she did not know the half-crown was bad—Mr. Fergusson said she had been there and tendered a florin on the Tuesday week previous, but he could not positively say whether he had put it in the till or not, but he would positively swear she was the same woman.
Prisoner's Defence. I am quite innocent of the florin. I was not there on 12th February; I was at work the whole day till between 9 and 10 o'clock at night, so I could not be at Bermondsey. As to the half-crown, I fully believed the two half-crowns I had in my purse were good.
NOT GUILTY .
MR. POLAND Prosecuted; MR. RIBTON Defended.
ANN CLARK . I am a greengrocer, of 2, South Island Place, Brixton—on, I think, the last Saturday in January the prisoner came in for three-pennyworth of parsnips and gave me a florin—I gave him 1s. 9d. change and gave the florin to my little girl to get it changed—she brought it back, and I kept it in an ornament in the chimney-piece—on March 1st he came again for a bundle of rhubarb and laid a half-crown on the counter—my lad took it out to get change and brought it back—I gave him in charge with the coins.
Cross-examined. I did not put the florin in my pocket, I kept it in my hand—I sent the boy to get a shilling change—he brought back a sixpence and sixpennyworth of coppers, and after, that I sent my little girl to change the florin.
HENRY VOULSTAXER . I work for Mrs. Clark—she gave me a half-crown on 1st March—I took it to Mr. Lucas and showed it to him; he returned it to me, and I fetched a policeman as he said it was bad—I then returned and gave it to Mrs. Clark.
THOMAS JAMES LUCAS . I keep an oil shop at Brixton Road—on a Saturday, six or seven weeks before I was before the Magistrate, Eliza Clark brought me a florin—I told her it was bad, defaced it, and returned it to her—Voltage afterwards brought me a half-crown—I told him it was bad, and returned it to him.
BENJAMIN BAILEY (Policeman W R 29). On 1st March I went with Voulstaker to Mrs. Clark's shop, and saw the prisoner there—she told me he had given her a bad florin five weeks before, and had returned that day and passed a bad half-crown—he said he was not aware it was bad—I found on him three good half-crowns and 3d.
Cross-examined. He gave his right address—I have made inquiries, and find nothing against him.
The Prisoner's Statement before the Magistrate. "The night I went to Mrs. Clark's I gave her a two-shilling piece, but not knowing it was bad. She put it in her pocket with other money and carried it in front of her. She said she had no small change, and sent her daughter for change of 1s. She gave me change from the same bag, and I left. Last Saturday I returned, and she gave me change from a bag; I don't know whether
it is the same or not. After that it was brought back and a constable. The young man said, 'I know it is about three weeks ago you were here.'"
The prisoner received a good character.
NOT GUILTY .
MR. CULPEPER Prosecuted.
MARY EMMS . I am married—my maiden name was Blads—the prisoner is my father—I lived with him until he went away from us four or five years ago; I was then 17—my mother lived with him for 17 years all the time until he left—I know Anne Liukin.
GEORGE PURCHASE (Policeman W R 11). I attended the parish church of St. Philip's, Sepney, and produce this certificate of marriage, which I copied from the book. (This was dated 16th May, 1858, between Heinrich Ludwig Wilhelm Blades and Catherine Linkin)—on 4th March I was in the Wandsworth Road; I sow the second wife, and from what she told me I stopped the prisoner—I told her to tell me in the prisoner's presence what she had told me before—she said, "I married that man about a month before; I did not know he was a married man till the daughter came to my place last night and called him father. I said, 'He is not your father.' She said, 'Yes, he is, and mother is living at home'"—I said to the prisoner, "Have you another wife?"—he said "No"—I told him I should take him to the station—from information I received from the second wife I went to 107, Cable Street, St. George's-in-the-East, where I saw the first wife.
CLEMENTINA VRICKETT . I live at Cardigan Street, Kennington—I was married to the prisoner on 5th February at St. John's, Walworth—this is the certificate (produced) (This was a certificate of marriage dated 5th February, 1884, between Heinrich Wilhelm Rosmeiter and Clementina Crickett).
WILLIAM RENAN . I live at 37, Thorne Street, Lambeth—I have known the prisoner since 1858, when I took lodgings with him and lived with him for 12 months—he then had a wife and child; the child died in 1859—I believe he and his wife passed under the name of William Blades—it is four or five years, as far as I can catch, since he lived with her last.
The COURT directed the Jury to acquit the prisoner.
NOT GUILTY .
Before Mr. Justice Day.
MR. WOODGATE Prosecuted.
GEORGE JAMES SMITH . I am a builder at Brockley—I keep fowls in a fowl-house there—on 1st March, about a quarter to 5 o'clock in the evening, I saw my fowls safe—a police officer afterwards called upon me, and I found that the front of the glass panel of the fowls' house had been knocked out, a wire fence broken open, and all my fowls gone but one—the detective has since shown me some fowls which I have recognised as mine—they were gold and spangled Hamburgs—I lost 10, and 10 were shown to me—they were worth about 5l. 10s.—I know the prisoners; I believe they have both worked for me.
JAMES HYDER (Detective). On the 1st March, about 10 minutes past 8 o'clock in the evening, I was in Wickham Road, Brockley—I heard a noise at the rear of Mr. Smith's house—I went round to the back to a piece of waste ground, and concealed myself—about 10 minutes afterwards the two prisoners came out—George was carrying a large sack on his back containing something very heavy—they turned in the direction of Deptford—I followed them for about half a mile, and not meeting with any assistance, I apprehended George, Charles immediately ran away—I asked George what he had in the sack; he said "A few totts," meaning rags and bones—I put my hand in the sack, and found it contained warm birds—I took him to the station, examined the sack, and found it contained 10 gold-spangled Hamburg fowls, recently killed—I then communicated with the prosecutor, who came round and identified the fowls—I found the fowl-house had been forcibly entered, a large glass panel had been smashed, and one person must have got inside and handed out the fowls to the other—on the following Tuesday I apprehended Charles in Deptford—I told him it was for being concerned with another man in stealing fowls and ducks—he said "All right; my brother Jack came to my house last night and said he expected one of us would be taken for this"—at the station he said "I can easily prove where I was on Saturday night; I was at Botherhithe; I left by a train that left St. John's Station at 20 minutes to 8 o'clock"—I asked him what ticket he took; he said he took a return ticket; he said he went to a Mr. Dobinson at Rotherhithe, the son of the landlord of a house he frequented—I had a good view of the prisoners, and am certain of them—I heard something like the smashing of glass before I saw them.
WILLIAM ROBERT FOSTER . I am office clerk at St. John's Railway Station—there are two of us who issue tickets there—on Saturday, the 1st March, the other clerk was on duty in the morning, and I in the afternoon and evening, and nobody else—I didn't issue any return-ticket to Rotherhithe that night.
The Prisoners' Statements before the Magistrate. George: "I never killed them." Charles: "I reserve my defence."
George Shorter's Defence. I was up at Wickham Road with another chap; this sack stood at the corner, we picked it up and were going to look in it, When the detective took me. He tried to bring my brother into it, but he was not with me.
Charles Shorter's Defence. On 1st March I was at work all day for a publican named Dobinson till about 20 minutes to 5 o'clock, when I went up the yard with the son and stayed there till 20 minutes to 7—he aside me to go to Rotherhithe for him, and the daughter gave me a parcel to take there—I took a ticket at St. John's Station at 20 minutes to 8 and went to Rotherhithe—I stayed there some time and lost two or three trains—I then went straight to Rotherhithe Station and stopped there till 12 o'clock—I know nothing of this affair—I live close by Mr. Smith and have worked for him for three months.
GUILTY .— Nine Months' Hard Labour each.
There was another indictment against the prisoner for stealing three ducks which were also found in the sack.
Before Mr. Recorder.
MR. PARKYNS Prosecuted
WILLIAM HENRY SHOULT . I am clerk to Mr. Matthews, an egg and butter importer—on 5th February at 9.30 p.m. I went into a public-house, leaving my Tan outside, which contained several cases and butter, value 30l. 12s.—I left no one in charge—I came out in a quarter of an hour and it was gone—I saw the van and horse next morning at my master's place and three of the cases of eggs.
EDWARD FORD . I am salesman to Mr. Matthews—on 5th February I was out with Should with the van and four cases of eggs—we went into a public-house, and when we came out the van was gone—I saw the van and horse at midnight.
ELIZA SALTER . My husband keeps a chandler's shop—on 5th February the dark prisoner (Day) came and asked me to buy some eggs—I said I did not want any—he said his big brother was in the van—I saw the horse at it was opposite the door, but I did not notice the van.
Cross-examined by Day. It was in the evening—I picked you out from a group of men at the station—I did not pick out another person, I knew you as soon as I saw you.
WILLIAM CLARKE (Policeman R 177). On 5th February at midnight I was on duty in the Old Kent Road and saw a horse and van containing three cases of eggs standing in the street unattended—several broken eggs were lying on the ground near the off front wheel; it was two or three minutes' drive from the Coburn Arms—I took it to Mr. Matthews, and it was identified.
CHARLES EAST . I am a carman, of 1, Bateman's Row, Shoroditch—on Monday, 4th February, I let out a van to a man, I don't know his name—I let it out again on Wednesday, and the man came in the evening to see if it had returned.
WILLIAM QUIN (Detective H). On 6th February at 3 o'clock I was in East Street, Stepney, and saw the prisoners come into the street with Mr. East's van—Merritt was driving, and Day was lying at the bottom of the van—they pulled up outside No. 27—Day got down, let down the tailboard, and took one case into No. 27—I went in and met Day coming down the staircase—he said, "What is up?"—I told him I was a police-officer—he said, "God blind me, I won't be taken"—I told him I should want an explanation about the case—he told me to go and * *—I took hold of him—he became very violent, we struggled in the passage—Newnham came to my assistance and caught hold of the prisoner, who immediately seized his hand and bit it—I took hold of him by the throat to make him leave go, and he kicked the inspector behind—we got him out into the road, and he was so violent we had to throw him on the ground and kneel on him till assistance came—in the front room upstairs we found a box of eggs, which has been identified as belonging to Mr. Matthews, and part of a broken case and 12 eggs—his wife was living in the room—I told the prisoners what they were charged with—Day said that he bought them in Leadenhall Market of a man he did not know, and he had no receipt—he had some money on him—he made no reply to the charge—Merritt said he knew nothing
about it, he met Day in Backchurch Lane and asked him to have a ride—Day told Merritt to shut his mouth, as he did not know what he was talking about.
HENRY PAYNE (Detective H). I was with Quin, and saw the prisoners drive down East Street—Day took a case of eggs into No. 27—I went towards the van, where Merritt was shifting another case—he said, "What is up?"—I said, "I don't know"—he jumped off and ran up East Street—he fell over a grating, and I fell over him—I took him back to the van, and said I should charge him with the other man with unlawful possession—he became violent, and struggled and threatened to do for me—I had to threaten several times to knock him down—I got a postman to assist me, and took him to the station—I went back afterwards and took the van to the station—I found another case in it and 16 loose eggs in a handkerchief—the cases have been identified, the horse and van belong to Mr. East.
MATTHEW NEWNHAM (Police Inspector, Great Eastern Railway). I was with Payne, and assisted to take Day—he was very violent and struggling with Sergeant Gill on the staircase—I got hold of him with my right hand by his left shoulder—he said, "Let go of me," and then got his heel on me and kicked me—I had seen the prisoners together that morning and several days before.
Cross-examined by Day. I did not shove my fingers into your mouth—I knew what you were; I have known you for years at Bishopsgate Station, and I knew who I had to deal with when I collared you.
Day's Defence. I bought two and a half cases of eggs in Leadenhall Market for 30s. each, and the man lent me the van; I don't know his address; he was to meet me in Smithfield Market by the water-trough. I saw Merritt and asked him to come for a ride.
Merritt's Defence. My wife and my brother can prove that I was with them till 9.30 that night. I never saw Day till next morning, when he had a van and some boxes of eggs, and asked me to have a ride with him.
MERRITT then PLEADED GUILTY to a conviction at Worship Street in July, 1883.— Eighteen Months' Hard Labour each.
ADJOURNED TO MONDAY, APRIL 21ST, 1884.