CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JUNE 23RD, 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, June 23rd, 1884, and following days.
BEFORE the RIGHT HON. ROBERT NICHOLAS FOWLER, M.P, LORD MAYOR. of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., Sir ANDREW LUSK , Bart., M. P., Sir THOMAS SCAMBLER OWDEN, Knt., and HENRY EDMUND KNIGHT , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M. P., Recorder of the said City; HENRY AARON ISAACS , Esq., and POLYDORE DE KEYSER, Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL. D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CLARENCE SMITH, Esq.,
FRRDERICK KYNASTON METCALFE. Esq.,
CENTRAL CRIMINAL COURT.
FOWLER, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 23rd, 1884.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. FULTON Defended.
After the evidence had been partly heard, the Jury stopped the case and found the prisoner
NOT GUILTY .
NOT GUILTY .
MR. TICKWELL Prosecuted.
The prisoners acting upon an alleged claim to the premises in question broke oven the door and entered the premises, refusing to give up possession.
GUILTY . To enter into their own recognisances in 20l. each to appear for judgment if called upon.
642. GEORGE BURLEY. (14) and EDWARD DAVENPORT (13) PLEADED GUILTY to a burglary in the dwelling-house of Thomas Charles Martin, and stealing 2l. 3s. 1d., and postage stamps value 10l. 6s. 3 1/2 d.— One Month's Imprisonment and Three Years in a Reformatory.
MR. GRAIN Prosecuted; MR. MONTAGU WILLIAMS Defended.
JAMES HENRY PEARSON . I am chief inspector of the detective police at the Euston Station of the London and North-Western Company—the prisoner was a van setter in that employ at Broad Street—on 30th May, about 11 o'clock, in company with Superintendent Coffin I saw the prisoner at the police office, Broad Street—Mr. Coffin said to him "We want to see you in reference to a bale of leather that was stolen fom B road Street
Station about the end of January; we have received information that you, with a man named Rust, now in custody for stealing leather from Broad Street, took out amongst some empties on a van a bale of leather, that when you got outside the station a man with a pony and cart met you, that the bale of leather was taken off the van and placed in the cart"—he said "I do not know anything about it"—I said "You received 2l. for your share of the robbery, and this wrapper was what the leather was packed in, which I found in a stable rented by a man named Davis in Well Street, Hackney"—after some time he made a statement which I took down at the time—he said "One morning about the end of January I saw Rust in Sun Street; he said to me 'Bring round to Worship Street that load of empties;' on the tail of the van was a bale of leather wrapped in matting like this shown to me; when we got outside Broad Street Station he told me to stop; I did so, and he with another man who had a pony and cart took the bale off the van and placed it in the trap; this took place in Primrose Street; the next day Bust gave me 2l., and he said 'There you are, for taking that load round yesterday;' I gave 1l. of it to my mate, nicknamed Ginger, I don't know his proper name; I told Ginger I had taken a load round to Worship Street from No. 14 arch for Rust yesterday and he had given me 2l. for doing so"—I then took him to Old Street Station and he was charged, and in answer to the charge he said "When I took the load of empties out I had no idea the leather was stolen, and I am innocent of stealing it."
Cross-examined. This robbery was committed in January—the prisoner was not given in custody till May, and in the interval he was still in the Company's service—Rust was tried in this Court last Sessions and convicted—he was not in a superior position to the prisoner, he was a porter and was paid a few shillings a week more—he had been a longer time in the Company's service and was a much older man—the value of the leather was 27l. 0s. 5d.—Ginger told me that he had received 1l.—he is not in custody.
Re-examined. I discovered this wrapper I think about 16th April—Rust had nothing to do with the van.
JOHN DAVIS . I am a warehouseman in the employ of Messrs. Oakley, Palmer, and Co., Bermondsey—I received an order from a customer, Mr. Russell, on 30th January to pack up a bale of leather containing wax splits—I marked it H.R. with a B underneath and packed it in this wrapper—it was handed to a carman of the London and North-Western Company and he signed for it.
CHARLES BAKER . I am a carman in the employ of the London sad North-Western Company—on 30th January I collected a bale of leather from Oakley, Palmer, and Co.—I signed for it and received a consignment note with it for Mr. Russell at Birmingham—I took the bale to Broad Street with the consignment note and left them both there.
CHARLES EVERETT . I am foreman at Broad Street Station—on 30th January I checked a bale of leather marked H.R. with a B underneath from a van standing underneath 14 arch in Broad Street—I cannot find the consignment note, I waited a day and then made a memorandum that it could not be found—I saw the bale next day and likewise on the 31st—I missed it on the 1st, when I came in the morning—I had left standing in the centre of the platform.
GEORGE BREWER . I am called Ginger—I was employed as as a van setter at Broad Street in January last, I am not now—I knew the prisoner while I was working there as a van setter and also Rust—about February the prisoner gave me a sovereign and said "Here is a sovereign, that is for the job Rust asked me to do"—Rust had previously asked me to take a bale of leather away for him, but I refused—I didn't say anything to the prisoner when he gave me the sovereign—he said to me "If I had known what it was for I would not have taken it"—I told him that Rust had asked me to take a bale of leather away for him.
Cross-examined. I took the sovereign and spent it, I didn't think I was doing anything wrong at the time.
Re-examined. I knew it was given to me not to say anything.
The Prisoner's Statement before the Magistrate. "When I took the load of empties I had no idea the bale of leather was on the van. When I got outside Rust told me to stop while he took a bale of leather off. I didn't lend a hand to put it on or take it off, I merely took the 2l.t of which I am guilty."
GUILTY. Recommended to mercy by the Jury on account of his youth. He received a good character.— Twelve Months' Hard Labour.
NATHANIEL PURDY . I am a van builder of 1, Ponton Terrace, Nine Elms, where I have been for 50 years, and I reside at 73, Stockwell Park Road—the prisoner married my wife's sister, a Miss Lowe—I know nothing about a marriage settlement executed on his marriage—I know he lived at Brighton—I have seen him write—these two post-cards (produced) are in his handwriting, I received them in the ordinary course of the post about the date they bear, the 10th and 15th May. (The post-cards accused Mr. Purdy of having a guilty knowledge of a swindle in which hit wife teat concerned.) The words on the second one "You told Mr. Martineau, the Judge of the County Court, you paid my rent"—referred to some proceedings at the Brighton County Court—I had appeared in support of a bill of sale which I had given the prisoner over his effects in consideration of a loan of money—I said in my evidence at Brighton that I had paid his rent, and my solicitor holds the receipts.
Cross-examined. I remember paying you some money at the solicitor's office, and you signing the bill of sale—some one from you asked me various questions, which were were all gone into and answered—I was asked whether I did owe you any money, perhaps I said as a reply that you signed that paper—I cannot say I said when that paper was signed in Mr. Webber's office "You must understand, Mr. Webber, this is nothing at all to do with me, I am only a proxy"—I said you were not
worth 100 farthings when the Magistrate consented to accept your recognisance in 100l.
Re-examined. The Brighton County Court Judge gave judgment in my favour.
The prisoner in his defence admitted that he had sent the cards, but complained of the way in which his relations had treated him.
GUILTY .— Six Month's Hard Labour.
NEW COURT.—Monday, June 23rd, 1884.
Before Mr. Common Serjeant.
645. WILLIAM JOHNSON.** (49) PLEADED GUILTY to unlawfully having counterfeit coin in his possession with intent to utter it, having been convicted of feloniously uttering counterfeit coin in May, 1876.— Six Years' Penal Servitude.
646. WILLIAM MASON.** (30) to unlawfully possessing a mould for coining, after a conviction of a like offence, when he was sentenced to ten years' penal servitude.— Six Years' Penal Servitude (having still to serve three years and six months of his former sentence). [Pleaded guilty: See original trial image.]
648. JAMES HENRY THORNTON. (32) to stealing from a postal packet while employed in the post-office, two half-crowns and 12 postage stamps, of Her Majesty's Postmaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
LLEWELLYN. PLEADED GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
THOMAS WILLIAM HATTON . I am 15 years old—my father keeps the Albion at Edmonton—on 14th May, about 1 o'clock, I was serving in the bar and the prisoners came in with a third man—one of them called for a pint of ale and paid for it with two pennies—Llewellyn and the third man then went out and Colley remained on the seat—he got up and asked me for change for a florin, which he gave me, and I gave him a shilling and two sixpences, and he left—in consequence of what my father said I went after him and found him in the Plevna Road, about 300 yards off; Llewellyn and Mason were with him—they walked away rapidly when I when up to Colley and said "Father wants you, you have given me a bad two-shilling piece"—he said "I am sorry for what I have done, I will wait here, give me the florin," and he gave me the shilling and two sixpences—I fetched the florin—my father came with a policeman, and the prisoner walked rapidly away—my father gave him in custody with the florin.
LEVY THOMAS HATTON . I keep the Albion public-house—on 14th May my son showed me a bad florin—I went out with him and saw three men walking away, the prisoners are two of them—they walked away when I came up with my son—I said to Colley "Where did you get it from?"—he said "I got it from Bishopsgate Railway Station"—I asked him what station he got out at—he said "Down the line"—I said "I am not satisfied"—we met Flemming—I spoke to him, and he and my
son went after the prisoners—I went to the police-station, and they sent a man down—this is the florin (produced).
JOHN FLEMMING (Detective Sergeant). On 14th May about 1.151 received a description of three men from Mr. Hatton and his son—I found Colley at Brooke Cottage, Edmonton, and said, "Here, I want you"—he turned round, and before I said anything he said, "Oh, sir, I did not know it was a bad two-shilling piece"—I was in plain clothes—I said, "What two-shilling piece?"—he said, "The two-shilling piece I passed down at the public-house"—I said, "Where are the other men?"—he said, "There were no other men with me, two men in the public-house gave me a drink of beer"—I took him to the house, searched him, and found a good florin on him—I took him to the station, and went with Inspector Burnham to Llewellyn's house, which is about two miles from Brooke Cottage, and took him in custody.
WILLIAM BURNHAM (Police Inspector). On 5th May I went to Llewellyn's house, 2, Lincoln Road, Tottenham, and found him and his wife—I charged him with uttering counterfeit coin, and took them both in custody, but the wife has been discharged—I posted constables round the house, and Flemming went in with me, and I saw Wilshire and Davis get over into the garden of No. 2—I placed Hill in High Cross Lane—I knocked at the door—the landlady opened it—I then heard a window open—she pointed out two rooms to me—I knocked, and Harriet Llewellyn came—I went in and found Llewellyn in bed—I took him in custody and searched the room—he handed me four good shillings from his trousers pocket—Hill came in and told me something, and Wilshire handed me a packet containing seven base half-crowns of 1829 just out of the battery—Dean handed me this tobacco-pouch containing six florins and a packet, and three half-crowns and a florin in another—the six florins were got out of the battery, and the others were ready for passing—the dates on all the florins, including the one passed by Colley, are 1878; the half-crowns were all 1829, including those found on Llewellyn and Mason—the window of Llewellyn's room opened on the back garden in which I placed the two constables—I went to Mason's house the same afternoon after Llewellyn, and saw three double moulds; one was for half-crowns of 1829 and florins—there were also a number of moulds for coining shillings of 1869 and 1837, and a double mould for half-crowns of 1829 und shillings of 1869—the coins handed in by the constable from the garden appeared fresh made, as if just out of the battery.
WILLIAM DAWE (Policeman). I was stationed in the garden at the rear of Llewellyn's house, and saw him at the first-floor back window, which he pulled down two or three inches, and threw something out, which fell very close to me—I picked it up; it was this tobacco-pouch with some coins in it—I did not open it, I handed it to Inspector Burnham.
CHARLES WILSHIRE . I was in the back garden—I heard the window opened and saw something thrown out, but did not see who threw it—I picked it up and saw a bad half-crown—I did not open it farther, I gave it to the inspector.
WILLIAM WEBSTER . I have examined these moulds; these coins are all from them—this is a double mould for florins of 1878 and half-crowns of 1829—one of these florins of 1878 is from this mould, and I have been shown three half-crowns of 1829 out of this mould, and seven more of
1829 also from this mould—the florin found on Colley is also from the same mould.
Colley's Statement before the Magistrate. "The prisoner Llewellyn gave me the two-shilling piece."
Witness for Colley.
EDWARD LLEWELLYN (the prisoner.) I am a labourer—I am charged jointly with Colley with this offence—I gave him this florin, and asked him to get me change—I knew it was bad, but I don't believe he did—we were not intimate, but we were not strangers—I met him by accident, and we went into a public-house and had a drop of beer together—I believe he is a shoeblack—he is paralysed on one side.
Cross-examined. I have seen him in the neighbourhood three or four months—I was not dining with him the day before, but we dined together on the Sunday previous.
Colley's Defence. I did not know it was bad. The other prisoner gave it to me. It is the first time I ever had one in my hand, and it will be the last.
COLLEY.— GUILTY of uttering only. Strongly recommended to mercy by the Jury, and Mr. Wheatley, secretary to the St. Giles's Mission, undertook to assist him . Discharged, on his stepfather entering into recognisances to bring him up for judgment if called upon.
LLEWELLYN.**— Eight Years' Penal Servitude. The COURT commended the zeal of the officers in bringing the prisoners to justice.
MR. CRAUFURD Prosecuted.
WILLIAM READER (Police Sergeant). On 26th May, about 5.50 p.m., I was on duty in St. Andrew's Street—the prisoner passed me with a man who I had seen with coiners—I followed them into Long Acre, and the other man turned into the Times Coffee-house—the prisoner turned into Mercer Street—I caught hold of him and said, "I am an officer, I suspect you of having counterfeit coin in your possession"—he said, "You have made a mistake this time"—I searched him and found a packet containing nine counterfeit half-crowns, wrapped up partly in strips of newspaper, in his left side coat pocket—I said, "What is this?"—he made no reply—I took him to the station—after he was charged he said, "A man asked me if I wanted to earn a shilling."
WILLIAM WEBSTER . Here are nine counterfeit half-crowns wrapped up partly in newspaper they take out one at a time and rub the black off—four of them are of 1865 from one mould, and four of 1846 from one mould.
The prisoner in his statement before the Magistrate and in his defence said that he met a man who put a parcel into his hand and told him to take it to the first turning to the left and wait till he came, but the constable took him.
GUILTY .** He then PLEADED GUILTY to a conviction of a like offence in December, 1879.— Five Years' Penal Servitude.
MESSRS. CRAUFURD and SMYTHIES Prosecuted.
JOHN LANGRISH (Police Inspector E). On 27th May, about 7.30, I saw the prisoner and two others who I knew—I stopped him and asked him what he had in his possession—he said "Nothing"—the other man went in another direction—I found in the prisoner's side coat pocket five counterfeit shillings and a counterfeit florin wrapped up in tissue paper with this newspaper between the coins—I said "I believe these are counterfeit, I shall take you to the station and charge you"—he said "The man who has just gone up the road gave them to me"—he pointed out a man who was standing in front of a restaurant who I directed an officer to bring to the station, which he did, and I said to him in the prisoner's presence "Have you given this man any money?"—he said "No, I did not give him any money, nor do I know anything about him"—I searched him, but found nothing—I had been watching the prisoner some time, and had not seen this man with him—the man was searched and dismissed—next morning at the station the prisoner said "I can see I am done, but I must have my say for it," and made a statement which was taken down—when I stopped the prisoner the day before I said "I am a police-officer, I have seen you in company with men who I know to be utterers of counterfeit coin, and I shall search you."
The prisoner in his statement before the Magistrate and in his defence said a man who he had known three or four months asked him to do a bit of "pitching" with him, that he should earn 5s. and would give the prisoner 2s. of it, and gave him a parcel, and then the police came up, but that he did not know the contents of the parcel.
GUILTY .— Months' Hard Labour.
OLD COURT.—Tuesday, June 24th, 1884.
Before Mr. Recorder.
MR. DRUMMOND Prosecuted.
THOMAS PORTER (Policeman Y 679). On 6th June, about 2.30 in the morning, I was on duty in the Holloway Road—I saw the prisoner and another man coming from the direction of Highgate—as they passed me the prisoner tried to hide this biscuit tin under the other man's coattail—I made towards them, when they both ran away—I pursued them and called out "Stop thief," when Policeman Y 410 ran across the road and tried to arrest them—the prisoner threw this biscuit tin at the constable's head—he then turned into Kingsdown Road, and the prisoner there threw this jemmy at the other constable—I then apprehended him—I picked up the biscuit box—the other man got away.
Cross-examined by the Prisoner. I saw you throw the biscuit tin down, I was about 20 yards from you.
ALEXANDER FAIRWEATHER (Policeman Y 410). About 2.30 on the morning 2nd June I was on duty in the Holloway Road—I heard the last witness shout out out "Stop him"—I then gave chase to the prisoner—he threw this biscuit tin at my head—I have heard the last witness's
evidence; it is correct—I searched him and found this cigar case on him.
HENRY GEORGE MORTIMER . I am a schoolmaster, and live at 107, Fair-bridge Road—I went to bed about 1 o'clock on the morning of 2nd June—I locked up the house safely: the doors and windows were secured—I was aroused by the constable about 4.45—I went down and found the front window on the ground-floor had been forced up throe or four inches—I missed this biscuit tin and cigar case, which were safe when I went to bed—I examined the windows—the catch had been forced off—there were five distinct marks on the window, which exactly corresponded with this jemmy—I had heard a noise about about 2 o'clock, but I did not get up, I thought it was in the next house, which was empty.
WILLIAM PATCHER (Police Inspector Y). I visited the prosecutor's house on 2nd June about 6.30 in the morning—I found five distinct marks of this jemmy on the window sill and two marks of the point under the sash—I have the sash fastening here—it was forced off, and the window could then be opened sufficient for a man to get in—the prisoner said at the station "I found the property outside the door."
The prisoner in his defence stated that the articles were found by him and a companion outside the house.
GUILTY .— Nine Months' Hard Labour.
MR. CRANSTOUN Prosecuted; MR. KEITH FRITH Defended.
ROBERT EMMETT . I am a cementer, and live at 20, Delaney Street, Euston Square—on Monday night, 19th May, I was in the Globe beer-shop in Seymour Street between 9.30 and 10 o'clock—the prisoner came in and called for a pint of ale—two or three minutes afterwards he went into the next compartment—a young chap there hit him on the top of his hat—he then came back again to the bar where I was and hit me instead of the young man with his fist on the top of my head—I turned him outside the bar, as he went out he fell—I asked him to pay for the beer he had, and he refused—about a quarter of an hour afterwards about seven of us were going along Seymour Street—the prisoner came behind and stabbed me in the neck and ran away—I had not struck him or given him any provocation only when I turned him out for not paying for the ale—my friend followed him and took the knife from him—I went to the hospital and had my wound dressed, I did not stop in the hospital.
Cross-examined. I was quite sober—the prisoner was stupidly drunk—Whitbread and Burgoyne were in the public-house—I swear I did not strike the prisoner at all—they were along with me when I was stabbed—I have known the prisoner two or three years, I never had a quarrel with him—I have said that I did not think he knew what he was up to.
ALFRED WHITEBREAD . I am a scullery man, and live at 1, Seymour Road—I was in the Globe public-house on this night, and saw the prisoner and prosecutor there—the prisoner asked for a pint of ale—he was asked to pay for it—he refused, and said he would pay by-and-bye—he then walked out of the house—he came back, and the prosecutor said, "Are you going to pay for the ale?"—he said "What has that to do with you?"—the prosecutor then pushed him outside—a little while after that the prosecutor came out and walked up the street; the prisoner came behind him, and some one said "Lookout, he has got a knife for you"—
the prosecutor went towards him to ask if he had a knife, and the prisoner raised the knife and stabbed him, and ran away—I ran after him and threw him down, and took the knife from him.
Cross-examined. I did not see the beginning of the quarrel—I did not see the prosecutor strike him; I had my back turned to them—I heard the prisoner complain of the prosecutor having struck him twice, and his nose was bleeding when I saw him afterwards—I saw Burgoyne and Ganham there.
WALTER WEST (Policeman S 70). About 10 o'clock at night, on 19th May, I was in Seymour Street—I saw the prisoner—he said "I have stabbed a man"—this knife was shown to me, and I took the prisoner in custody.
EDWARD BOND FERGLEMAN . I was house surgeon at University College Hospital on 19th May—when the prosecutor was brought there he had a cut on the right side of the neck, about an inch and a half long, and about a quarter of an inch deep; it was an incised wound—it was such a wound as might have been caused by this knife—it was not in itself dangerous, but it was near several structures which it would be dangerous to wound, and Very near one of the chief veins of the neck—if it had touched that it would have been fatal—there was a good deal of blood about his clothes.
The Prisoner's Statement before the Magistrate. "I can prove the man struck me first."
GUILTY of unlawfully wounding. — Four Months' Hard Labour.
MR. TORR Prosecuted.
BESSIE LODGE . I am the wife of James Lodge, a furrier, of 64, Aldersgate Street—I employ a forewoman and two women to work at goods—the prisoner was an outdoor hand—the fur-skins are cut out ready for her to take home, with the lining to line them with satin, and return them the next day—we enter the quantity of the lining given out, and she keeps a small book herself; and on comparison of the two books they ought to tally—on 7th May I saw my forewoman give out 12 brown rabbit-skin capes to the prisoner, and materials for lining at the same time—the value of the lot was 6l.—they were to be returned next day—she said she had a machine, and could do some quilting work, and I said I would give her a sample—she said "I have not finished all my work, if you will give me some more I will bring it to-morrow"—she had previously done it very well, and my forewoman gave her 12 more capes and the materials for lining, to the value of 3l.—they ought to have come in in the afternoon, but not coming, I sent Mrs. Drew, one of my work-women, to her place three times, but I was not able to see her till the morning she was given in charge, when I went to her place at half-past 9 o'clock—I said to her "Mrs. Ford, I have come for my work; I must have it, done or undone"—she said "I will be round presently"—I said "That won't do, I must have it now"—she then said "I sent it"—I said "When?" she said "The morning after I had your note"—I said "Who did you give it to, then?"—she said "There were two young men on the landing, and I gave it to the young man that had a light coat on."—there are no young men there at all—the said "Who was the
young man that was there when I first came to work for you?"—I said "That was my son"—she said "Well, I gave it to him"—I said "He had not been there at all for three weeks, so you could not give it to him; he was at Chelsea at work"—I then said "You must come with me if you have not got the work"—she said "You will have to wait till I am dressed then"—I said "Very well, I will wait for you"—I waited, and when we came outside she said "This is not the way to the warehouse"—I said "No, but you must go and see about these capes, what you have done with them"—I stopped to speak to a constable, and while doing so she stepped round the corner and was gone—we found her in a public-house, behind the door—she was taken to the station and was given in charge—she had done work for me before and brought it back.
By the COURT. The goods given out were to be brought back complete; the work was to be done off the premises—the arrangement was if the work was not brought back it was to be paid for—I always told them that if there was any lost they must make it good; I might not have done so with the prisoner; that was the arrangement made with the others who did the same kind of work; if they brought back the work completed they were entitled to what they had done for it.
The RECORDER was of opinion, referring to the case of Reg. v. Davis and Warner, 12 Cox, Criminal Cases, p. 514, that this was not an indictable offence, but one that should be dealt with summarily by the Magistrate under the Act of George II.
NOT GUILTY .
656. JOHN WILLIAMS. (19) PLEADED GUILTY to stealing a purse and 5l. from the person of Jemima Elizabeth Preston, and to a previous conviction in 1882, in the name of John Leary.— Five Years' Penal Servitude.
657. WILLIAM DEAN. (28) to stealing 1s. 6d. of William Henry Smith and others.— Nine Months' Hard Labour. There was another indictment against the prisoner. [Pleaded guilty: See original trial image.]
MR. TORR Prosecuted; MR. MONTAGU WILLIAMS Defended.
NOT GUILTY .
BAYNES. PLEADED GUILTY to a previous conviction on 22nd March, 1880, when he was sentenced to five years' penal servitude.
MR. GRAIN Prosecuted; MR. GEOGHEGAN defended Clocker.
GEORGE WILLIAM GARWOOD . I live at Dulwich—I am assistant to Mr. Schwallackar, a warehouseman, of Bread Street, City—on 21st May I selected 18 bunches of white pearls, 12 gross of common gilt pins, and several other articles to go to Mr. Young, of Nottingham—I afterwards received this parcel from the police.
Cross-examined. The total value of the consignment was 3l.; that
was the invoice price—I have recovered about 1l. worth—they were cheap jewellery, such as a pedlar might sell.
JAMES RAWSON . I am a carman in the service of the Great Northern Railway Company—I was collecting goods and parcels on 21st May; among others I collected a parcel from Mr. Schwallackar, addressed to Young, of Nottingham—I took it on my van—it was missed in Watling Street, City—I gave information to the City Police, and afterwards to the Company's Police at King's Cross—I had a van-boy with me named Adams.
WILLIAM OLDHAMPSTEAD (City Detective). On the morning of 5th June, in company with Rogers, of the Great Northern Police Force, I went to a shop in High Street, Stepney, occupied by Mrs. Maloney—after I had had a conversation with her she produced to me beads, pins, and other articles in that box (produced)—in consequence of my conversation with her I went with Rogers to St. George's Place, Cannon Street Road, and arrested Clocker—I told him he would be charged with stealing and receiving a parcel from Watling Street, on 21st May last—I gave him to Rogers and went after Baynes—I had a long conversation with him, and they were both taken to the station and put into the dock together—Baynes said in the hearing of Clocker that he had stolen the goods from a van in Watling Street, and Clocker did not know anything about the stealing; he said "I took them to Queen Victoria Street; I asked a lad to give me a ride to Commercial Road; he did. I met Clocker at the Clyde public-house, and he went with me to sell them at his aunt's, at Stopney; that is all I know about it"—Clocker said he was innocent, he had never stolen the goods—he said he went to his aunt's and asked her to buy the goods for 1l.; she would not give 1l. for them, she would give 17s.
Cross-examined. I took Baynes into custody in Cannon Street Road, and I took Clocker in John Street, St. George's-in-the-East—they were not together—Baynes said that he dragged Clocker into it—I heard Baynes say "I never spoke to him in my life before, I told him I had bought a lot of goods at a sale in a job lot, I had them on my arms. I asked Clocker to sell them for me; I said 'Here is the invoice if you want to see it;' he said I cannot read;' he said 'I will sell them for you if I can.' I promised to see him next day, which I did. I went to the lady's shop at Stepney, I told the lady I bought them at a sale"—I have made inquiries about Clocker, he is a dealer—as far as I know there is nothing against his character—he stands with a barrow in the streets selling different things.
AMELIA MALONEY . I am a hosier and haberdasher, of 8, High Street, Stepney—I am aunt of the prisoner Clocker, he is a dealer—he came to me on the 21st May between 9 and 10 in the evening—he said he knew a young man that had some goods to sell he had bought at a sale, and they were so unsaleable he could not get rid of them—he said there were pins and ornaments—he asked me to buy them—I deal in those
things—when I saw them they were very unsaleable—he did not bring the things with him then, he brought them next morning, with Baynes—he asked me to buy the things—they brought them in this box—he asked a sovereign—I could not give 1l.—I said I would give 17s. for them, and I had not the money then, only 3s. 6d.—Baynes named the price of a sovereign—I am sure it was him, it was not Clocker—all the articles are there that I bought—there are a very few out of them, if any—I don't suppose I sold sixpennyworth of the beads—I have eight children, they did not get any of the goods, they do not want beads—my children did not sell any, they are not in the shop—ultimately I paid 7s. more for the goods.
Cross-examined. I paid the 3s. 6d. to them when they were both together, but paid 12s. 6d. to Baynes next morning, and on the Saturday I paid them the balance.
JOHN ROGERS . I am a detective in the service of the Great Northern Railway Company—I was with Oldhampstead when he took Clocker into custody—he left him in my charge—he wanted to know what he was detained for as he did not steal the box—I told him he would be charged with stealing the box from a van in Watling Street—he said "I did not steal it, Baynes brought the box to me and said he had bought the things at a sale and wanted to know where I could sell them for him; I went down to my aunt's the same night and made a bargain with her; next morning I and Baynes took the things down to 8, High Street, Stepney; Baynes told me he had bought the things at a sale"—I said "You know Baynes is a thief"—he said "Yes, I know he is on ticket"—I said "Where does he live?"—he said "No. 9 in the same court as I do"—I sent the information to the other detective who apprehended Baynes—it was a court running out of Cannon Street Road—I have also discovered some more of these goods in the neighbourhood of Mrs. Maloney, at six different shops—I have not got them here, they have been shown to Mr. Garwood and identified by him—he went with me to the shops when we found them.
Cross-examined. I have not told all the conversation between Clocker and myself, it took two hours, but I have told as much as I recollect both in favour of the prisoner and against him—I did not take a note of it—this is what I said to Clocker, "You must know that Baynes is a thief, he is on ticket, where does he live?" he said, "At No. 9 in the same court as I do, but I did not know he had stolen the things he brought to me."
CLOCKER.— NOT GUILTY .
BAYNES.— Five Years' Penal Servitude, to be concurrent with the remainder of his unexpired sentence.
NEW COURT.—Tuesday, June 24th, 1884.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. K. FRITH Defended.
—they went down Bow Street and stood outside the Grapes, and the prisoner handed something to one of the others—they turned the corner—we crossed the road, and I took hold of the prisoner's right hand, and found some bad florins in it—I said "I am a police-officer; I shall take you in custody for passing counterfeit coin"—he made no reply—the other men ran away; Langrish ran after them—six of the coins were loose and the others in paper—they were all in his right hand—he was searched at the police-court, but nothing was found—no tobacco was found on him.
Cross-examined. He had been drinking rather freely—he was muddled by drink—a knife, a spoon, and twopence were found on him.
JOHN LANGRISH (Police Inspector E). Rowan spoke to me, and I saw the prisoner hand something with his right hand I think to two men who instantly ran away—Rowan went after the prisoner, and I went after the others, but they got away.
Cross-examined. I did not search him, but I saw him searched—some tobacco may have been found.
The Prisoner's Statement before the Magistrate. "I had been drinking. I do not know anything of the two men. One man had given me some tobacco when I was collared by the wrist."
GUILTY †.— Twelve Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
JOSEPH KENNEY (Detective E). On 17th May, about 3 p.m., I went to the Kemble's Head, Bow Street, and found the prisoner there—I said "I am a police-officer, and I suspect you of having counterfeit coin in your possession, and I shall have to search you"—he pulled his left hand out of his pocket, closed—I seized his wrist and tried to take the money out—one shilling dropped on the ground, which Gliddon picked up, and Houghton took another out of his hand—they were both bad—I was in plain clothes and the constables in uniform—the prisoner was very violent—I took him to the station, and found in his right-hand pocket a bad florin, three good sixpences, and six pence—I said "Where do you live?"—he said "I won't tell you"—I told him he would be charged with having three counterfeit coins in his possession, with intent to utter them—he used very obscene language, and had to be held or he would have struck me—on the Monday he told the Magistrate that I put the bad florin into his pocket—it was not with the good money.
Cross-examined. You were not handing the coins to anybody; they were in your pocket—I did not say that it was no use your saying anything as my word was law—a man was sitting by you, and there were a lot of people in the house—you did not say that the florin was put into your pocket.
HARRY HOUGHTON (Policeman). On 17th May I went with Kenney to the Kemble's Head—I have heard his evidence; it is correct—I took hold of the prisoner's left hand and saw a coin drop—Gliddon picked it up—I got another shilling from his hand, which I handed to Kenney.
Cross-examined. Kenney did not say that if he had had enough help
he would have taken the man sitting by you, but when Kenney was away you said that they were all as bad as yourself, and ought to be taken.
EDWARD GLIDDON (Policeman E 374). On 17th May I went with Kenney and Houghton to the Campbell's Head—the prisoner was sitting in the bar with other people—Kenney said that he suspected him of having counterfeit coin in his possession, and wanted to search him—he was very violent, and said that we should not search him—Kenney took hold of his left arm, a shilling fell from his hand, which I picked up and gave to Kenney—I saw him searched at the station, and saw a bad florin taken from his pocket—there was good money in the same pocket.
Prisoner's Defence. I was sitting in the Kemble, and a man asked me to drink. He put two shillings in my hand wrapped in paper, and the police came in and began searching me; there was no violence, but they would not let me give them back. They took me to the station and found the florin. I told him he put it there.
GUILTY .*— Two Years' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
THOMAS GEORGE BERKITT . I am a surgeon, of 33, Oxford Street—on 15th February, about 10 p.m., the prisoner came in for a sixpenny box of pills, and gave me this bad half-crown; I gave him two shillings change—he walked to the door, and by that time I had tried it, and bent it in the tester—I told him it was bad—he said that he did not know it, and gave me good a sixpence and the two shillings—I gave him in custody—I gave the coin to the constable—this is it—I know it by the way I bent it—the prisoner was brought up at Marlborough Street and discharged.
Cross-examined by the Prisoner. You gave me the two shillings I gave you, but I remarked that you had got sixpence from me already—I don't know whether you took the pills away.
RICHARD WOODCOCK (Policeman). On 15th February I was on duty in Oxford Street and was called to Mr. Berkitt's shop and found the prisoner there—I asked him where he got the coin—he said "I took it in South London last night"—I asked him to turn out his pockets, and he handed me a purse with 3s. 1d. in it—I took him to the station, and he was charged—he said "I did not know it was bad, if I had wished to get away I had the chance"—he was brought up next day and remanded and afterwards discharged—he gave his name, William Faversham, and said he was a hawker in the City.
WILLIAM CUTTENS (Police Sergeant). On 20th May, about 7.30 p.m., I was in Buckingham Palace Road with Detective Morley and saw the prisoner at a draper's shop—I said "What are you doing down here tonight?"—he said "Nothing," and put his hand in his coat pocket and pulled out a handkerchief—he appeared to be grasping something—I said "What have you got there?" and took hold of his hand—I opened his handkerchief and said "What are these?"—he said "Look, and you will see," and in it I found nine counterfeit half-crowns—I took him to the station and charged him—I was in plain clothes, and so was Morley—he gave his address, 67, Union Street, Borough.
The prisoner in his statement before the Magistrate and in his defence said that a man asked him to hold a handkerchief for him and the coins were in it, and that the coins he tendered to Mr. Berkitt he got at the South London Music Hall.
GUILTY .*— Fifteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
WILLIAM CUTTENS . On 20th May, about 2 o'clock p.m., I was with Morley and saw the prisoner in Princes Street, Westminster, leaning on a post with something in his left hand—I said "What have you got there?"—he said "What has that to do with you?"—I was in plain clothes—I said "I am a sergeant of police, and I want to know what you have there?"—he said "I shan't show you"—I kept hold of his hand and said "I shall see before I go"—I called a constable in uniform, and the prisoner then opened his hand, and from it I took these six counterfeit half-crowns separately wrapped—I said "I shall take you in custody for being in possession of this counterfeit coin"—after we got some distance he said "I was coming across the park just now and picked them up"—I took him to the station—I asked his address—he said "You must find out"—I said "What are you?"—he said "Find out"—Morley searched him and found 3 1/2 d.
Cross-examined. You gave your name as Robert Andrews—you told me where to find out—you did not say that you were a labourer.
JAMES MORLEY (Detective G). I went to Cuttens' assistance—the prisoner refused to open his hand—he struggled violently to get away, and we had to call a uniform man, and with his assistance the prisoner's hand was opened and the coins found—when we had nearly got to the station he said that he picked them up in the park—I found 3 1/2 d. on him.
GUILTY .— Fifteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
JAMES MORLEY (Detective Officer). On 22nd May, about 2.30, I was on duty in the Strand and saw the prisoner and a number of men from Great Peter Street, Westminster, in Catherine Street, Strand—we kept them under observation quite an hour and lost them—half an hour afterwards the prisoner and another man came out of a public-house and turned down the Strand in the direction of the New Law Courts—we followed them—they turned back and went to the public-house again, and we lost sight of them—half an hour afterwards I saw the prisoner and a man cross the road in Catherine Street—we followed them through a number of streets—they stopped at the corner of a court—we dropped back and lost sight of them—I afterwards saw the prisoner leaning against a post in Castle Street, and said I should take him in custody on suspicion of having counterfeit coin in his possession—he said nothing—we searched him and
found a purse containing two florins and a half-crown which were counterfeit—there was no good money on him—I said "Where are the others?"—he said "Gone through there," pointing to Leicester Square.
The prisoner produced a written defence, stating that an old man in the Strand gave him some wall-papers, in which he found the coins.
GUILTY .*— Eighteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. GILL Defended.
ELLEN DENE . My husband is a journeyman baker, of 144, Adrian Terrace, Highfield Road, Kensington, a few yards from Mr. Eastell's post-office—on 27th May, about 4.30, I was at my window working, and saw the prisoner and Cummings, who has been discharged, opposite our house—Cummings gave Ward a florin or a half-crown—Cummings looked up and saw me, and gave Ward a nudge, and they both moved towards Fulham Road—I went out in the garden, went back, looked out at the window, and saw Cummings at the corner of Tregunter Road five or six minutes afterwards—I went to Hammersmith Police-court the next week and picked out the prisoner and Cummings from six or seven other men—about 6.15 that evening my husband and I went out and saw Garner and Jones talking—we cannot see Finborough Road from our house, there is a row of houses between.
Cross-examined. Ours is a private house—I had never seen the man before—I was sitting sewing at the window, and saw money pass between the two—I could see that it was 2s. or a half-crown—my house is on the same side of the road as Mr. Eastoe's, which is six houses from ours; I know him well, but my husband does not—there is no clock in my room, but it was 20 minutes or a quarter to 5—it is a very quiet street—the men walked away in a direction opposite to Mr. Eastoe's shop and towards Tregunter Road—it was a very wet day when I went to the station and picked out the prisoner—I did not notice that he was the only man who was dry—I learned Cummings's name at the police-court, the Magistrate mentioned it, asked me a good many questions, and discharged Cummings, although he did not bear a very good character—I went into my garden and stayed there some time.
Re-examined. It would take two minutes to walk down the Tregunter Road and down the Finborough Road to Mr. Easto's house.
WILLIAM EASTOE . I keep a stationer's shop and post-office in Highfield Road, about 18 houses from Mrs. Dene's on the same side of the way—on 27th May, about 4.30 p.m. or a little later, Cummings came in and put down a half-crown, for which I gave him 30 stamps—finding it bad I handed it back to him, and he went out with it and without the stamps—I went into the shop parlour for a minute, and when I came back the prisoner was there; he asked for 5s. worth of stamps, and put down two florins and a shilling—the florin was bad, and I broke it in two in the tester—I don't think he could see that—I told him to wait a minute, and looked outside for a constable—he waited till my wife returned and said in his hearing that she could not see Cummings—he was going out, I
went to stop him, he struck my hand up—he left the money with me, and did not ask for it back or the stamps—I called to stop him, and he was detained—I gave him in charge—I saw Cummings standing there, and went past him—I afterwards pointed him out to the constable who took him—Ward did not say that he would fetch a constable—he went out quickly, and quickened his pace to a run.
Cross-examined. I do not think I said that Ward came in before Cummings left—I do not think I should have gone out of the shop leaving any one in it—I broke the first florin with my teeth, and asked the man to sit down and wait—he sat down in the shop, and I went to the door—there was nothing to prevent his walking out of the shop—there was no reason why he should wait—I did not say that the coin was bad till I was in the street—he forced his way between my wife and me, and ran out of the shop, and then increased his pace while I was shouting in the street—he went out when my wife called across the counter—I have said, "When Ward left the shop he walked out, no violence was used"—I gave evidence against Cummings, and he was discharged.
Re-examined. I don't think I heard that Cummings had been previously convicted—the man never moved till my wife came back—I don't think he could see me testing the coin through the pigeon-hole, as my head was above it.
WILLIAM WARRING . I am potman at the Finborough Arms—on 27th May, about 4.30, I was standing outside, and saw Mr. Jones there and Mr. Eastoe—Mr. Jones said, "Stop that man"—Ward was passing quickly, he was not running or increasing his pace to a run—he could hear Mr. Eastoe say, "Stop that man, he has been changing money in my shop"—Jones and I went after Ward and caught him—I was present at the police-court when the two men were charged.
GEORGE JEFFERY (Policeman T 290). I was called, and took Ward back to the prosecutor's shop and searched him—I found a florin and two pence—Ward said that he did not know Cummings, and could not account for the bad florin being in his possession—I got a florin from Easto—I heard Bolton inform the Magistrate that he had got a conviction against Cummings for uttering.
GUILTY .— Twelve Months' Hard Labour.
FOURTH COURT.—Tuesday, June 24th, 1884.
Before Robert Malcolm Kerr, Esq.
MR. SCALES Prosecuted; MR. MONTAGU WILLIAMS Defended.
ELIZA MARIA PRICE . I live at 54, West Street, Mile End Road, and am the wife of James Price, a policeman—on 2nd March, 1862, I was present at the wedding of Sarah Ann Brownjohn, at St. Martin's Church, Strand—she is still alive; I have seen her in Court.
Cross-examined. She married the prisoner—he was very young; he looked about 15.
AGNES TURNCLIFFE . I live at 2, Surrey Side, Acton—I was married to the prisoner on 3rd June, 1873, at Christchurch, Burton-on-Trent—I first learnt he was a married man last August, I think; he told me himself—I did not absent myself from his house then, but some time afterwards I went away by myself and lived at Shepherd's Bush—I told him I did not consider myself married to him at all, and that I should do as I liked.
JOHN BATES (Inspector T). At 1 o'clock on 29th May the prisoner came to Hammersmith Police-station and said he wished to give himself up for committing bigamy—I told him he had better make a statement in writing—he said he was tired of the wretched life he had been leading, and was not sure whether he had committed bigamy or not, as he was very young, about 16, when he was first married—this is the statement he made: "I, George Bourne, give myself up not being positive whether I have committed bigamy or not. There is proof no doubt enough that that I did go to church with two separate women, but I am in doubt whether the first marriage was legal; if it is, I trust that, considering the wretched life I have led through my weakness, that justice will be done to me with every consideration and leniency."
MR. WILLIAMS submitted that there was no evidence against the prisoner. The COURT directed the Jury to acquit the prisoner.
NOT GUILTY .
MR. SCALES Prosecuted.
GEORGE CUTHBERT . I am a nurseryman, residing at Southgate—on 9th May I locked up my house about 9 o'clock and went to bed about half-past 10—the kitchen and all the windows were fastened—these goloshes are my property; I left them on a shelf in the wash or outhouse—of these five keys some were left in the front room and some in an empty bedroom—I had not seen those in the bedroom for some weeks—I missed them next morning, and did not see them again till I was taken before the Magistrate—these two keys of my iron safe I last saw in a drawer in the bedroom where the safe was—on 10th May I got up at 7 o'clock and went into the kitchen, where I saw the cloth laid, an empty bottle in which there had been whisky, and a knife and fork on the table—there was no cloth on the table when we went to bed, the things had been in the cupboard—I called out who did it, and the prisoner answered, and I saw him in the house—the goloshes were on his feet—I did not notice them till I went to the station, where a policeman and one of my men took the prisoner—the prisoner got in by breaking the kitchen window and pressing the hasp of the window back—that was the room where the cloth was laid—I charged the prisoner at the station and then returned home—I went upstairs with the policeman and found he had lifted the empty iron safe out of the cupboard; the drawers were open, nothing was taken—all the canisters, containing sugar and so on, were opened in the kitchen—nothing was taken I think—under the place where the goloshes were taken from was a pair of boots; I don't know
whose they were—the policeman told me they fitted the prisoner—they belonged to no one in my house—I found a small screwdriver upstairs; I had never seen it before—I had several in the house, but none of that pattern—I don't know where it came from—the safe weighed about a hundredweight—I had never used it—I always kept it in that cupboard.
GEORGE GROVE (Policeman E 532). I am stationed at East Barnet—on 10th May I was stationed at Southgate—from information received at about 6.30 I went to Mr. Cuthbert's house—at the back of it I saw a pane of glass and the sash had been broken—I opened the sash and entered the kitchen—I went through the house into the front parlour, where I saw the prisoner sitting in a chair—I asked him what he was doing there—he said he lived mere—I told him I should take him in custody—he smelt very strongly of whisky, and was very drunk, but not so drunk as not to know what he was doing—I took him out into the passage—I saw the prosecutor coming downstairs, and told him the man was in the house, and the prosecutor said he would come to the station and charge him—on the kitchen table I saw two empty bottles and a tin of sugar; the cake and bread were on the front parlour table—I did not see a glass there—I took him to the station and searched him, and on him found 10 keys and a steel ring, and this pair of goloshes on his feet—I then went back with the prosecutor to his house, and in the back bedroom saw the safe on a chair—the lock had been tampered with.
ALFRED HAWKER (Policeman Y 420). I am stationed at Southgate—on 10th May, about 6.30 a.m., from information received I went to Mr. Cuthbert's house, where I saw the prisoner in the custody of Grove, and assisted to take him to the station—he was drunk, and get gradually worse as he got to the station—I produce these keys found on him—he was wearing this pair of goloshes at the time—when at the house I saw the back parlour window was broken—this stone laid on the side of fhe window-ledge—I found the table laid, and this screwdriver laid down by the side of the cupboard.
GUILTY .— Twelve Months' Hard Labour.
MR. SCALES Prosecuted.
HENRY WILLIAMS (City Police Inspector). Shortly after noon on Sunday, 25th May, I received information from Roveder, the landlord of the Union Restaurant, the basement of 42, Old Broad Street, and I surrounded the premises and then entered through 42, Old Broad Street—I got in, the back door being open, and found the front door secured by a long broom and the handle of another broom on the inside—I removed them and allowed Leaman to enter—we examined the restaurant, but found nobody there in the dining-room—I called on any one there to surrender, as there was no chance of their escaping—in consequence of the beer-cellar door being locked and the keys missing, and as it was a mortise lock which we could not force, we got a meat chopper and cut away the jambs and a portion of the door and found the prisoner inside—I asked him what he was doing—he said the keys of the beer cellar were given to him by a man and that he was told he could have as much beer as he liked—he was perfectly sober—afterwards when he went to the station he said he met a man by appointment at 9 o'clock in the morning and the man gave him the keys.
telling him to get as much beer as he liked, that the man went out and locked the door—he was alone in the place.
Cross-examined. You said Butler had let you in at 9 o'clock to see to the hot water apparatus—there was no hot water apparatus there—you said Butler had gone for the tools and had locked the door—I said "You might have got out when the owner opened the door"—you said you were in a fix and did not know what to do—I did not bring a female to identify you.
ROBERT LEAMAN (City Detective). On 25th May, about 5 minutes past noon, I was with Williams, who let me in at the restaurant door—on searching the premises we found traces of some one having been there and done damage—I thought I heard a noise coming from the direction of the beer cellar, and Williams called out "You had better come out, as there is no means of escape"—we found the beer cellar locked, got a chopper from the kitchen and cut away the jamb and found the prisoner sitting on a beer-barrel and called him out—we asked him if he had any one with him—he said "No"—I asked him what he was there for, and he made no reply—I found these keys on him, seven of which are pick-lock duplicates—he refused his name and said, "You know me very well," and that he would give it at the station—at the station he gave his name and address—I then returned with Williams to the restaurant, where I found this screwdriver on a table in a private room—these two tablecloths and two glasses were in the same room and these two knives in another part of the restaurant—on further searching the premises on the 26th I found this key which belongs to Dr. Williams's private room over the restaurant, 42, Old Broad Street; and later on I found this key which opens the door of the Union Street entrance and will be identified, I believe, as the key of the restaurant—when returning from the Court, Palmer, a waiter at the restaurant produced to me these tools; this is a long gimlet, part of a screwdriver, and a panel saw, a pair of pliers, and two chisels—in the room where I found the tablecloth and screwdriver I found on the top a wainscot which forms the under part of a window in Old Broad Street, and by removing, as had been done, 18 inches of that wainscot by this screwdriver, no doubt a person could get into the tobacconist's shop overhead—I showed the tool to the prisoner—he said "I know nothing about it, if I had known that that was there I should not have stopped there"—the tablecloth, screwdriver, knife, and glass belong to the restaurant—the prisoner pointed out this key as belonging to his own residence, and when I went there I found the key unlocked the door; but they were skeleton keys and would open any lock—on the 21st these tools were handed to me by William Jones, a cook at the restaurant—they don't belong to the restaurant, I don't know to whom they do belong.
Cross-examined. I found this key on the premises—I found twelve keys on you—you said four of them opened different apartments in your house—I tried them—that was correct—the key that opened the restaurant was found in the cellar where you were concealed, not on your bunch—when you came out you said you had been let in on the Sunday morning by Butler, who was formerly employed by you to do some repairs to a hot-water apparatus—I said "There is no hot water apparatus here, where are your tools?"—you said "He let me in and has not been back since."
into I saw the prisoner, and found these four keys under the box he was sitting on, one of the cellar he was in, another that of the plate cupboard, and another that of the linen cupboard.
WILLIAM PALMER . I am a waiter in Roveder's employment—between 1 and 2 o'clock p.m. on Monday, the 26th, I was dusting the seats after customers left and found the handle of this saw sticking out—I put my hand down and found the remainder of the tools there.
Cross-examined. I recognise them because they are peculiar, and I have never seen a similar pair—it is a screwdriver here and cuts here—I had a dispute with the prisoner about this very pair.
By the COURT. These are exactly like his—there is no particular mark on them by which I recognise them.
The prisoner in his defence dated that Butler had asked him to go on the Sunday to repair the hot water apparatus, that they went into the premises in the presence of two constables without any concealment, that Butler said he would go for the tools, and when he had gone he wandered about and saw the glasses, that he then suspected something was wrong and tried to get out, but could not, and then went and locked himself in the beer cellar, and that he thought Butler was a respectable man and had trusted him.
NOT GUILTY .
701. HENRY WOOLARD. (47) PLEADED GUILTY to unlawfully obtaining by false pretences from George Griffiths 20s., with intent to defraud; and other sums from other persons with a like intent, after a conviction of a similar offence in January, 1876, at this Court.— Ten Years' Penal Servitude.
702. CHARLES MULLER. (35) to burglary in the dwelling-house of Walter Weatherley, and stealing apair of trousers of Harry Julien; also to stealing a live tame pigeon of William Jeffries.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, June 25th 1884.
Before Mr. Justice Hawkins.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. THORNE COLE Defended.
JOHN WHITE . I am a farmer and market gardener at Sunbury—the prisoner was in my employment in May—on 17th I gave him notice to leave, which would expire on the following Saturday—about 6 o'clock in the evening of Tuesday, 20th, I was called to a fire in my rick yard—my men were leaving their work at the time—I gave orders for them to be called back, and I went to the rick yard—I found two large pea haulm ricks on fire—they contained about 25 loads—the ricks were near enough to each other to catch—about 7 o'clock, while the fire was still going on, I
saw the prisoner in the yard—I called on him to assist in extinguishing the fire—he was very reluctant to do so, I had to tell him twice—on Wednesday, 21st, I went up to London—I returned about 9 o'clock in the evening, and a communication was then made to me about another fire of three more pea haulm ricks, a large wheat straw rick, and an oat straw rick, in the same yard as the other ricks—next day, Thursday, the 22nd, the police brought the prisoner to my house—Inspector Sentence said in his presence "This lad owns to setting fire to the two ricks on the first night, but he says he did it by accident"—the prisoner said he went to the privy and lit his pipe there and the stack got on fire by accident—the privy is in the stack yard, about 20 feet from the first rick and 40 from the farther one—I said "Then you must have set fire to the ricks on the second night?"—he said "No, I know nothing about that"—the police then took him to the station—on Friday morning, 23rd, I went to the police-station to appear against the prisoner—he was brought before Mr. Mitchinson the Magistrate and remanded—after the remand I was present when Inspector Sentence said to the prisoner "Cooling, I have already said if you have anything to say to your master, now is the time"—the prisoner hung his head down for a second or two and then said "Master, I did it all"—I said "Then, Fred, you set fire to the ricks the second night as well as the first?"—he said "Yes, master, I done it all, I set fire to the lot, which I am very sorry for now, I wish I had never done it."
Cross-examined. I live about a mile from the ricks—the men were at work near my house—I got as many of them as I could into my light cart and drove them to the fire, and told the others to follow.
By the COURT. The value of the property burnt was about 272l.
CLARA EMILY WINTER . My husband works for Mr. White, and occupies a cottage in the farmyard—on Wednesday, 21st May, about 20 minutes to 7, I was at the front gate—I saw the prisoner leave the rickyard, and I wished him good night—I had been all round the rickyard about five minutes before, everything was then quite safe—about five or six minutes after I had seen the prisoner, Eliza Lazzell said something to me—I went out and saw the ricks in a blaze—I sent for the fire-engine—my husband was away at the time.
STEPHEN SHIRLEY . I am a labourer in Mr. White's service—on Tuesday, 20th May, about 25 minutes to 6, I saw the prisoner come out of the rick yard, get over the gate, and go into the stable—about four or five minutes after I heard that the ricks were on fire—I immediately went into the rickyard and saw the ricks on fire—I ordered the prisoner out of the stable and sent him for the fire-engine—he brought the mare out, and he mounted and went to fetch the engine—I had not seen any one in the rick yard except the prisoner—I had fastened up and barred all the gates quite safe—on Wednesday evening, 21st May, I was in the rick yard with Mrs. Winter; everything was quite safe—I left the prisoner in the yard that evening about 10 minutes or a quarter past 6—we have no clock—the prisoner followed me up the road about 200 yards—a day or two before the 20th he said to me that he and Mr. White had had a fall out, and he was going to leave on Saturday night, and his master gave him another week's notice.
trap—he said, "Mr. White's farm is on fire at Upper Halliford"—I at once went there and saw two pea-haulm ricks on fire—the fire was got under—the prisoner assisted the other men in putting it out—on Wednesday, the 21st, about half-past 6,1 was at the police-station at Sunbury—the prisoner's brother came there and gave me information about another fire—the station is about a mile and a half from the rick yard—I went there and found three stacks on fire—the farm buildings were injured as well—on Thursday, the 22nd, about 6 o'clock, I took the prisoner into custody—I told him I should take him on suspicion of setting fire to Mr. White's ricks on the 20th—he said, "I did not do it; I left the yard with the man Shirley"—he asked to go and see his master—I said, "What for?"—he said, "Well, I accidentally set fire to the ricks with lighting my pipe"—I cautioned him then that what he said would be used in evidence against him—he said, "I did not intend doing it, it was accidentally done"—when we got to Mr. White's the prisoner's father came up to him, and begged of him to tell the truth—that was all he said in my presence—on the following morning, after the examination, Mr. White was there, and I said to the prisoner, "Now, if you have anything to say to Mr. White you had better say it."(MR. COLE submitted that this was a sufficient inducement to exclude any admission made by the prisoner. MR. JUSTICE HAWKINS being of the same opinion, the evidence was excluded.)
Cross-examined. Since the prisoner has been in custody there have been three fires on the prosecutor's premises, one on the 13th in a barn, one on the 17th in a cowshed, and a slight one on the 18th.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. C. MATHEWS defended at the request of the Court.
GUILTY of concealing the birth. — Five Months' Imprisonment.
706. WILLIAM NEWTON. (40) was indicted for feloniously casting and throwing upon Fanny Newton a quantity of sulphuric acid, with intent to burn and disfigure her. Upon this indictment no evidence was offered.
NOT GUILTY .
To this he PLEADED GUILTY .— To enter into his own recognisance in 200l. and one surety of 10l. to come up for judgment if called upon, and to keep the peace for twelve months.
NEW COURT.—Wednesday, June 25th, 1884.
Before Mr. Recorder.
708. WILLIAM BATSON. (20) PLEADED GUILTY * to stealing a coat and a pair of trousers, the property of Samuel Green; also a watch and other articles, the goods of William Smallwood.— Six Months' Hard Labour.
MR. SAUNDERS Prosecuted; MR. COLE Defended.
ARTHUR LEARNER . I am a porter, of 41, Borley Road, Holloway—on Saturday night, May 30th, about 10.30, I was coming out of a theatre in Elthorne Road, Holloway, with Mr. Barnes—there was a crowd—I saw the two prisoners there, and Riley struck me behind the ear—I saw the other prisoner, but I put my hands on my face to keep the blows off—other persons struck me for about five minutes, and when my friend got me out of the crowd I received a lot of blows—a silver ring was taken from my trousers pocket in the struggle, I don't know who by—I was kicked on my leg and was much hurt—I thought one of my ribs was broken—I gave information to the police next morning—I only know the prisoner by sight.
Cross-examined. I have known a man named Larney by sight for about three months—when I came out of the theatre he cuddled me round my neck and struck me; he got my head in chancery—a short time before that I was at the White Lion public-house, Finchley, with two friends, Davis and Lawrence—we had a quarrel with Larney and came to blows—I have no idea who took my ring, but I felt a hand in my pocket—about 200 people were there.
Re-examined. I had a fight with Larney the week before, but we parted friends and shook hands.
FREDERICK EDWARD BARNES . I am a painter, of 6, Girdlestone Road, Upper Holloway—I was with Learner on this Saturday night—when we came out of the theatre there was an awful crowd, and I saw Riley strike Learner in the face—I saw Robert Knight there, but did not see him do anything—I got Learner out of the crowd—he was very much knocked about, and I took him home.
Cross-examined. I do not know Larney—I saw him cuddle Learner round the neck, but I did not see him punch him—I did not not notice that he ways thrust on Riley.
NOT GUILTY .
MR. SAUNDERS offered no evidence against ROBERT KNIGHT.— NOT GUILTY .
RILEY KNIGHT. stated that he was
GUILTY , and the Jury found that verdict.— Two Months' Hard Labour.
MR. LOWE Prosecuted.
THOMAS MARRINER . I live at 10, Star Street, St. George's-in—the East—on 26th May I locked the house up at 12.30 and went to bed—the door was not bolted; there is a string, and a gentleman who lives upstairs comes home at 6 a.m. and pulls the string and lets himself in—I closed that secure when I went to bed—I heard the door open about 4.40 a.m., and heard somebody tread on a loose board in the passage, which creaked—I got out of bed, and found the prisoner in the kitchen—I asked her what she had under her arm—she said "Nothing"—I was going back for my clothes, and she made a rush and placed this towel on the dresser—it is mine—I gave her in charge.
Cross-examined by the Prisoner. You were solidly sober—you said you came there for a woman named Ginnes, but there is no such person there.
HENRY BROWN (Policeman H 311). The prisoner was given into my custody—I asked her what she was doing there—she said she came to see some one—I said "What about the towel?"—she said "I took it to wipe my face."
Prisoner's Defence. I had been drinking very heavily with a woman, and I laid down in the passage and did not know where I was when I woke up. I took this piece of cloth (produced), which is my own, and wiped my face, but I never had the towel in my hands. Being very drank, I thought I was in a friend's house. I had just woke out of a drunken sleep.
She then PLEADED GUILTY** to a conviction of felony at Clerkenwell in November, 1879.— Twelve Months' Hard Labour.
WILLIAM WYHOW . I am a warehouseman, of 2, Alexander Terrace, Forest Hill—on 25th May, about 12.30, I was in Holborn, and saw a disturbance—I advanced about two paces and then stood still, and the prisoner walked up to me, struck me on my left cheek, and knocked my hat off—I turned to look after it, and he grasped my watch-chain and took my locket and watch, but the chain was left—he ran towards Regent Circus, I followed him, and a constable stopped me—I told him what was the matter—he followed the prisoner into a court, and brought him back with my hat—I am sure he is the man—my watch is worth 3s. 10s.—my brother was with me, but he was a little way on.
CHARLES WYHOW . I am a comedian, of 56, Myddelton Square—I was with, my brother; he stopped about two yards behind me, opposite the crowd, and stood to look on—I saw the prisoner struggling with him, and have not the least doubt about, him—he disappeared, and the constable brought him out of a court—we all went to the station.
CHARLES WARD (Policeman E 125). On 25th May, about 12.30, I was on duty, and saw the prisoner running in Holborn, with a hat in his left hand; the prosecutor and his brother were running after him—I ran and stopped him in Fulwood Rents, and took him back—the prosecutor said "That is the man that stole my watch, locket, and hat"—he identified his hat.
Cross-examined. You gave me the hat when I caught you.
GUILTY .— Nine Months' Hard Labour.
MR. ISAACSON Prosecuted.
GEORGE LEBISH . I am a commission agent and real lace warehouseman of 53, Greeham Street—I was removing there from 130, Wood Street on Wednesday, 14th June, and about 11.30 a.m. a case was delivered containing 52 gross of hat linings, value 28l. 17s.—these
(produced) are part of them and the rest are here—the case was marked R. L. 428—I did not sign the delivery book—I saw the case several times at the foot of the stairs and missed it at 4 o'clock or 4.30—when I found it was not delivered at the new place of business I gave information to the police—the goods were made specially for one customer—I saw them again on the following Monday.
JEAN CLAUD BELLET (Interpreted). I am a partner in the firm of Bellet and Bellet, manufacturers of satin and hat linings at Lyons—on 29th April we sent a crate marked R. L. 428 to Messrs. Lebish—these samples are part of the consignment, I recognise them as our manufacture.
STEPHEN HALL . I am a general dealer, of 193, Barnett Road, Bethnal Green—on Friday, May 16th, I was at the Paul's Head, Crispin Street, Spitalfields, in the billiard-room, and saw the two prisoners—Mason said "Will you buy these goods?" showing me a small parcel—I looked at them, they were two of these hat linings—I said "No, they are of no value to me"—he said "Can you sell them?"—I said "Yes, I can sell anything, as far as that goes"—he said "If you can sell them I will give you a half-sovereign; he," pointing to Murphy, "is a lodging-house keeper, and they have been taken for a debt"—he handed me some square pieces of silk rolled up; this (produced) is one of them, only it is dirty—Knowing that Mr. Johnson, a hat manufacturer, lived in the same street, I said "I will try and sell them if I can"—I left them and went to Johnson's, and when I came back I said "I have been bid 4s. a gross for them"—Murphy said "Well, it is a very low price; they ought to fetch 6s., but never mind, if you can take the lot I'll let him have them; I should not sell them at the price, only I have got to pay the money away."
Cross-examined by Mason. You are the man who gave me the samples, but Murphy handed them to you first—you did not tell me they were bought at a sale, but taken for a debt—Johnson bought them, but when they were delivered he said "I cannot pay for them"—they were brought on a barrow from Bermondsey about 2 o'clock—you both came with them to the Paul's Head, and a boy of 14 pulled the barrow—I saw Bermondsey "on the barrow.
Re-examined. I took the goods to Johnson's myself on the Friday, 16th—he said "I cannot pay for them to day"—I went again next day at 2 o'clock, and he said "I am sorry to disappoint you, but I can only manage a sovereign," which he gave me; and on a subsequent day he said "If you will come round on Sunday morning I might give you 30s. more, but I will be sure and pay you the whole amount on Wednesday"—I went on Wednesday, and he said "I cannot manage the money today"—I went back, and the prisoners thought I had received the money and kept it—I took them to Mr. Johnson's and said "Mr. Johnson, what did I receive from you?"—he said "A sovereign"—we all went into a public-house and had a drink, and Johnson said he would let me have it on Wednesday—Mason said "I could do with a new hat," and I fetched him a hat at 3s. 6d. from Johnson's shop; and when I went back to the Paul's Head Murphy said "I might as well have a new hat," and I fetched him one, but it did not fit him—I never received any more money.
WILLIAM JOHNSON . I am a hatter, of 6, Sadler's Road, Spitalfields—on Sunday, 18th May, Mr. Hall came to my shop alone and said "Are you ready for me?"—I said "I am not, I will pay you to-morrow; I have a little money owing to me, and if you come to-morrow I shall give you the money"—he came, and I could not get it and asked him to come on the Wednesday—I sold the goods, and when I went to get the money I saw two officers there—I parted with two hats in part payment on the Monday, and saw them afterwards at the Mansion House in the prisoner's possession—I have known Hall some years, but never had any transaction with him—I only paid him 1l. deposit.
HENRY ASKEW BLASDALL . I am manager to Thomas Townsend and Co., hat manufacturers, of Finsbury—on Monday, 19th May, Johnson called, saw some samples of hat tips, and said there were 30 gross or a little more—he offered them at 6s. a gross; the market value was 12s. and 14s. a gross—I sent him on to my firm with a note, and they had received information of the robbery unknown to me and communicated with the police—on the Tuesday afterwards 35 gross of tips were sent to us, but without any invoice; they corresponded with the samples; they were given to the police on Wednesday—a letter was written by a clerk so that the prisoners might be there when the detective came.
WILLIAM OLDHAMPSTEAD (City Detective). I received information from Mr. Townsend, and on 24th May went to his factory—I waited there some time and saw Mr. Johnson; I pointed to the parcel and said "I am a detective officer; I want you to give me an account of how you became possessed of these goods"—he said "I bought them of a young man"—I said "What is his name?"—he said "I don't know"—I said "What have you given for them?"—he said "I am going to give 4s. a gross"—I said "It is very unsatisfactory, and I must take you to the station"—on the way he said he believed the man's name was Hall or All, but his son could tell—I afterwards saw his son, who pointed out Hall to me—he said the two men were in the public-house and pointed out the prisoners—I told them I was a detective officer and should take them in custody—they said they had not seen him before, and no doubt he had got into trouble and wanted to get somebody else into it—I said "He said you are the men and you will have to go to the station for stealing, on 14th May, a case marked R. L. 428 from 130, Wood Street"—I took them to the station and they were charged—on the way they said "We had not known Mr. Hall before Sunday, when we met him, and he bought us a new hat each"—they also said "We bought the two hats of Hall"—they did not say whether they paid the money or not—Murphy did not keep a lodging-house at that time, but I believe he has done so—when Murphy was charged he said Mason asked him to come with him into the City, and Mason said "Hall has got him into this and wants to get me into it."
Cross-examined by Mason. I said about the hats "He said he paid you for them," and he said that we had not.
Mason, in his statement before the Magistrate and in his defence, said that he knew nothing of the robbery, and that it did not stand to reason if he had stolen the goods that he should offer them in a public-house to a man who he had never never seen before.
Murphy's Defence. This man asked me to go for a walk with him. I
had two places to go to, one was in Judd Street. I came back and I said I should see him in the evening. I have not known him more than six weeks. When I spoke to him about it he said the man had made a mistake. I had no dealings with the people.
WILLIAM JOHNSON (Re-examined). I never sold Hall any hate before—I was not in Petticoat Lane selling hats—I did not sell more than these two hats to Mr. Hall—I was trusting to the sale of some goods to pay them the money—Hall told me they were bought at a sale—he said they belonged to two men who bought them at a sale—I did not ask for the catalogue.
STEPHEN HALL (Re-examined). A boy about 13 was pulling the barrow, and the two men said "We have brought you those goods"—I was suprised because I had only just bought them—I was going up the billiard-room stairs, and someone who knew I was a general dealer called me and said "Here is a man who has something which may suit you"—I said "They are of no value to me, I don't know what they are"—he said "They are silk hat linings," and he said he would give me half-a-sovereign and I was to see what I could get—I do not keep a shop, I travel to country markets and buy goods—I am not a marine store dealer—I only went there to see some friends, not to buy the stuff—I do not know the boy or his name.
MASON. then PLEADED GUILTY to a conviction of felony in July, 1874.— Five Years' Penal Servitude. MURPHY.— Eighteen Months' Hard Labour. (The Court and Jury censured the conduct of Mall and Johnson.)
MR. CARTER Prosecuted.
MARK FAWCETT . I am an artist, and lodge at 32, Desborough Gardens, in Mr. Zoller's house; I occupy the first floor bedroom and sitting room—on the 17th of June I went to bed about 11.30 p.m.—I heard a noise about 3.30 and saw the prisoner in my room—I sprang out of bed, he made off down the staircase, I followed him and overtook him on the ground floor before he got out of the house—I asked him what he was doing in the house, I think he said that some one told him to come in, and that he was drunk—he was perfectly sober—I detained him and gave him in custody—I found a serge jacket and a handkerchief rolled up in my room—my latch-key is all right—I know nothing about the key produced by the constable—I never saw the prisoner before.
Cross-examined. My room door was not open—I found my jacket on the floor, but I did not leave it there—a coat was found below—I suppose you carried it there.
RUPERT ZOLLER . I am a baker, of 32 and 33A, Desborough Gardens—I let No. 32, and occupy 33A—there is an entrance between them—on the 17th June I went to bed about a quater to 11, the house was quite safe—the lodgers have a latch-key each—there was no latchkey in the door when I went to bed—this key (produced) does not belong to the house—I have never seen the prisoner before—I heard a great noise, ran out in my nightshirt, and found the prisoner detained by Mr. Fawcett—coining back I found this coat lying in the passage, and a pair of boots and a pair of men's shoes.
ROBERT WHEATLEY (Policeman B 302). I was on duty in Grosvenor Row, Paddington, and was called to 32, Desborough Gardens, and found the prisoner detained by Mr. Fawcett, he was without boots or shoes—Mr. Fawcett said that he had found him in his room, and that some of his clothing had been removed and packed up ready to take away—the prisoner heard that and made no reply—Mr. Fawcett handed me this orown coat, which he found in the passage, which had also been removed from the prosecutor's room—I found this key in the front door in the street, it was fixed, and could not be removed but with some difficulty—it opened the door—I found on the prisoner a piece of string, a wax candle, and a pawn ticket—he gave his address 26, Holland Street, Westminster, there is no such number there—he put the shoes on and wore them when he was in custody.
Prisoner's Defence. The door was open when I went into the place and the key in the door. I went in more for curiosity than anything else, and shut the door. The key must belong to one of the lodgers. I did not shift anything.
GUILTY . He then PLEADED GUILTY to a conviction of felony at this Court in June, 1883, in the name of Henry Smith. (The police stated that the prison is connected with Charles William Down, who was convicted last Sessions, and they both will be indicted next Sessions.)— Judgment respited.
MR. GRIFFITH Prosecuted.
EMMA PINCHBECK . I am the wife of Alfred Pinchbeck, of 24, Newland Road, Tottenham, abutting on the railway embankment—on the night of 24th May I went to bed about 11.30—the house was fastened up, and the kitchen windows and back door—between 3 and 4 a.m. I was aroused by the police, and found the kitchen window forced open and the bolt driven up—I missed several articles—the staple of the door was wrenched off—I saw a quantity of my goods at the station which were safe the night before.
ELINAR KISBEE (Policeman Y R). On the 24th May, early in the morning, I was on duty with Murrell, in Lordship Lane, Tottenham, and saw the prisoners coming from Newland Road; their pockets were bulky, and I took them in custody—I searched Day and found in his inside coatpocket four knives, two steel forks, a pepper caster, and a chisel—I took from Levy's jacket a brass candlestick—we took them to the station—on further searching Levy I found a cruetstand, six knives, seven teaspoons, a salt-spoon, a brass candlestick, a card-case, a fusee-box, a pair of scissors, screw-driver, hand-bag, tablecloth, and bradawl, all of which, except the chisel and bradawl, were identified by Mr. Pinchbeck—I went to the house with Inspector Benham, and found the back kitchen window open, and entrance had been made by forcing the catch—there were marks of a knife on it—the chisel would force on the staple—I found a dead fowl in Rukins's gardens, where the prisoners had passed through.
Levy's Defence. I asked my friend to come with me to Tottenham to
see for work; coming back it was rather late, and we went into an empty house. We laid there till daylight, and saw a parcel lying in the garden with a coat over it. We picked this up and put them in our pockets, and the constable stopped us.
DAY. then PLEADED GUILTY to a conviction at the Thames Police Court in January, 1883.— Nine Months Hard Labour each.
THIRD COURT.—Wednesday, June 25th, 1884.
Before Mr. Common Serjeant.
MESSRS. LLOYD and RAVEN Prosecuted.
GEORGE WILLIAM TUFFIN . I am a provision dealer of 39, Stanhope Street—about 1 or 1.15 a.m. on 21st May the prisoner came in for half a pound of cooked bacon, a loaf, an ounce of Dutch cheese, and some pickled onions, which all came to 1s.—he tendered a bad half-crown—I told him it was bad—he said "Don't damage it, as I had it from my employer out of a 4s. sub."—I gave it to him back, he gave me a good shilling, and put the bad half-crown in his breast pocket—he stopped in the shop talking live or ten minutes, and then went out with the provisions—I went behind him and gave information to Keenan, E 286, who brought him back to my shop seven to ten minutes afterwards, with the sergeant, who threw down a half-sovereign, and said "Is this what he tendered you?"—I said "No, he tendered me a bad half-crown and he put it in his left breast pocket"—the constable searched him in my shop, and took the half-crown out of the same pocket that I saw him put it into.
Cross-examined by the Prisoner. I cannot say if you were going to take the half-crown out of your pocket before the constable did—I said I would not charge you as your wife was there crying, with a baby in her arms about a fortnight old.
PHILIP KEENAN (Policeman E 286). After 1 a.m. on the 21st May, Tuffen pointed out the prisoner to me in Great Wyld Street, about 50 yards off, and said something to me, in consequence of which I followed the prisoner with Sergeant Child—we were in uniform—when he got to the door of 150, Great Wyld Street, where he lives, he looked round and saw me, and hurried into the house, I followed him through the passage into the back yard, he ran into the closet and attempted to shut the door, which I caught hold of and prevented him, and took him back to Tuffin's shop—when taking him over the yard he stopped in the centre, and made a movement with his right hand, and immediately afterwards I heard something like metal drop on the ground—I took him into the street and gave him in charge of Sergeant Child, and then went back and searched the yard, and about two feet from where the prisoner was standing, in the centre of the yard, I found this counterfeit half-sovereign—I took him to Tuffin's shop, who said "That is the man that tendered me the money"—the shop is 200 yards from the prisoner's house—I searched the prisoner and found the bad half-crown in his waistcoat pocket—he said nothing about it before I took it from his pocket—I have seen the prisoner on several occasions, but do not know him by name—I
also found one halfpenny on him—I handed the half-crown to Tuffin, who said it was the piece that the prisoner had tendered to him.
Cross-examined. When you made a motion with your right hand to throw something away, the provisions were not in your hand, your wife took them from you—I had hold of your collar and right hand—I said to the sergeant "He has thrown something away in the yard"—I did not see you make a motion to take out the half-crown when I had taken you back to Tuffin—you said that was the one, and Tuffin said that was the one—I believe he said at first he would not charge you—I have kept the half-sovereign wrapped up paper, it is duller now than it was then.
CHARLES CHILDS (Police Sergeant E 44). Keenan gave the prisoner into my charge, and told me he had dropped something in the yard, and I detained him while the constable went and searched—when he came back he said "I have picked up a counterfeit half-sovereign in the yard"—we took the prisoner to the prosecutor's shop, where Keenan searched him, and I believe out of his breast pocket took the half-crown.
Cross-examined. I was standing outside the door of 50, Great Wyld Street when Keenan brought you out—you did not pass me as you went home—Tuffin said at once that you were the man—he said at first he would not charge you—I took you to the station, and then we fetched the constable to the station.
By the COURT. The prosecutor said he did not like to charge the prisoner in consequence of his wife having such a young child.
The prisoner, in hit statement before the Magistrate and in his defence, said that he got the half-crown from a person to whom he had sold flowers, that he did not know it was bad, and wanted to take it back to the person who had given it to him, but went into the yard to see if his basket was all right, and that what he said was that it would have been better if he had had it from his employer, as he might then have had him as a witness.
GUILTY** of uttering the half-crown. — Twelve Months' Hard Labour.
MESSRS. LLOYD and RAVEN Prosecuted.
MARY ANN HOWARD . I am the wife of Thomas Howard, who keeps the Lamb public-house, Vere Street, Clare Market—on 4th June the prisoner came in about a quarter past 7 p.m.—he had a pot of six ale, for which he gave me a good sixpence—he then called me from the bar-parlour and said "Will you give me change for a half-crown?" giving it to me—I saw it was bad, and said "Do you know this half-crown is bad?"—he laughed for two or three minutes—I said "What did you give me this for?" did you know it was bad?"—he said "Yes, I know it is bad"—I said "What did you give it me for?"—he said "To give me change, of course"—my husband then came from the parlour and held him till a constable came, and he was locked up—he had walked partly to the door, but saw no chance of getting away, so he stood still—I gave the halfcrown to the constable; this is it (Produced).
Cross-examined. You did not ask to look at it.
WILLIAM GREEN (Policeman E 231). On 4th June I was called to the Lamb—the prisoner was there, charged with trying to pass a bad halfcrown, which Mrs. Howard gave me, and which I produce—I took him into custody and said "I shall have to search you here right in the bar"—he said "You won't," and pushed me away with his arm—I found 3 1/2 d. on him—I heard him charged at the station, he said nothing to account for it—he said he had no home, but next day he gave an address at a common lodging-house in Campbell Street.
Cross-examined. You did not say "Take me to the police-station."
The Prisoner's Statement before the Magistrate. "I know nothing about it."
The prisoner in his defence stated that he did not know the half-crown was bad, and that he laughed at the idea of its being bad, and wanted to look at it.
NOT GUILTY .
MESSRS. POLAND and TICKELL Prosecuted; MR. BESLEY Defended.
MAX ROSENHAIN . I am manager to Messrs. Schuster, Son, and Co., 90, Cannon Street, merchants, and am authorised to accept bills of exchange on their behalf—on 21st February I accepted this bill (produced) for 12l., drawn by B. Stern on Messrs. Schuster and Co., payable at the Union Bank, their bankers—since I accepted it the figures at the top have been altered from 12l. to 610l., and the words have been altered to "Funf hundert zehn"—those alterations were made without my authority—I cannot say what time I accepted it.
Cross-examined. Stern is a business friend of ours in Cologne; we honour any bill of his up to the amount of his credit—he generally advises us, and we were advised beforehand of a draft for 12l. in this letter of 19th February, 1884—I believe that letter says the bill is to the order of Jacob Rach—the words of the amount in the body of the bill begin with "F"—if it had been six hundred they would nave begun with "S"—it ought to be easy to see that difference—I always read the amount and wording before I accept; I do not pay; if I did, I think I should look to see that the amount and words were the same—one of our clerks brought it to me to be signed—I did not see who handed the bill in at our place—I believe it was the next day, early in the morning, some one came to me from the Union Bank.
Re-examined. It was presented to the clerk downstairs and I was upstairs.
GEORGE CLARE . I am clerk to Messrs. Schuster and Co., of 90, Cannon Street—on 21st February this bill, which was at that time for 12l., was presented to me for acceptance by the prisoner—he endorsed it "E. Giesser," in my presence—I took it to be sent by Mr. Rosenhain to be accepted—it was returned to the prisoner—I went to Paris with Sergeant Brett the following week on Monday evening—the bill had been produced on the Wednesday—on the following Wednesday I went before the Magistrate—when the prisoner was there I requested him to write his name on this piece of paper—he wrote the name Khiestaller
when requested by the Judge—I afterwards asked him to write the name of Giesser—he seemed not to know how it was spelt—I wrote it on a piece of paper in pencil, and under that he wrote "E. Giesser"—to the best of my belief that signature is in the same handwriting as the E. Giesser signed in my presence by the defendant on the bill of exchange.
Cross-examined. Thursday was 21st February—we pay a bill by accepting it—the person who brought it was there three or four minutes while it was being accepted—it was about 2 or 3 o'clock in the afternoon, the paper was immediately returned to the bearer, and he went away—we do not pay the cash unless we are asked to do so as a matter of convenience—I was aware before I went to Paris that a person was in custody there who had possession of the notes which the Union Bank had issued—I gave this description of the man before I went to one of the managers of the Union Bank—Mr. Wyburd went to Paris with me—I am not aware that he gave a description also—we talked the matter over going—I don't recollect that we compared notes—Mr. Wyburd was the first person who said this man was Giesser in Paris—I said I did not recognise him, but he was about the same height and figure, and had an aquiline nose—he was in custody in Paris, and I knew he was under the name of Khiestaller—I did not hear the man that wrote in my presence in England speak at all—I spoke in French and English to the prisoner, he only spoke French in my presence—he did not speak Italian—I understand Italian a little—he said to the officials at Paris that he had left Turin, and that they could send to send to Turin and ascertain that at once—he said something to the effect that he had left Turin the night before—an account he wrote out for his advocate at Paris was taken from him—I did not read it—I do not know that in that paper he gave the name of the house and the person who had been to get the order—I did not see his passport.
Re-examined. When I expressed some doubt as to his identity I had not seen him write; I have not the least doubt now that he is the man who presented the bill.
HERBERT BRAY . I am clerk to Messrs. Schuster, Son, and Co., of 90, Cannon Street—I was at the counter in their office on Thursday, 21st February—I saw this bill for 12l. presented for acceptance by the prisoner between 2 and 4 o'clock—I took it upstairs, gave it to Mr. Rosenhain for acceptance, and brought it down again—the prisoner was sitting down—I had a good look at him once or twice, and when I was looking at him the first time he turned his head towards the doorway—I went to the Mansion House Police-station for the purpose of seeing if the man accused was the man who presented the bill—I did not see his face—on 30th April I went to the House of Detention, when several persons were paraded before me—I picked out the prisoner at once—he is the man who presented the bill for acceptance at our office.
Cross-examined. My desk at Schuster's is six or seven yards from the counter, and my back would be to any one coming into the office—foreigners very often come into the office—I was standing at the counter when the prisoner brought the bill for acceptance, doing nothing particularly; the person wore a hat all the time—I had no particular reason for noticing him, except that he turned his head when I looked at him—he was there for 10 minutes or more, I am sure he was there for more than three minutes—I heard the following morning that the bill had
been altered, and that the bank had paid 610l.—about 10 or 11 o'clock I gave a description to Mr. Clare of the man who brought the bill—he did not write it down, to the best of my knowledge he partly compared my description with his description—my description was a man of medium height, reddish-brown hair, beard, whiskers, rather high cheeks, rather prominent nose, wore a brown overcoat, and light brown trousers—I did not say to Mr. Goldberg at the police-court that I could not give a description of any other person who came to that office that day—I cannot do so—I did not go to Paris—I knew the man who had the Union Bank notes in his possession was brought over as a culprit—I was standing at the police-court for half an hour—I knew the prisoner was the man brought over from Paris, I could not recognise him there—before the men were paraded before me I felt certain that I could recognise the man if I saw his face.
Re-examined. At the Mansion House I was standing behind him close by the door and did not see his face—I had a slight belief he might be the man from what I saw of his height, I have no doubt now that I have seen his face.
PERCY WYBURD . I am a cashier at the Union Bank of London, Limited, 2, Princes Street, London—Messrs. Schuster and Co. keep an account there—on 22nd Feb., about 11.20, this bill was presented for payment; the figures were for 610l.—he asked for two 100l., six 50l., and one 10l. notes—when I had entered the notes in my book I found it was 100l. short, and I said "You want another 100l., how will you take it?"—he said he would have another 100l. note—I asked him to endorse the bill, and he wrote the last endorsement, the first one was then on it—I should say this "E. Giesser" on this paper and the "E. Giesser" I saw the prisoner sign are the same writing—the endorsement was written quickly and straight off, and that in Paris was written very slowly—I entered the numbers in a book which I have here—there were three 100l. notes, 24458, '9, and '60, dated 16th June, 1883; six 50l. notes, 97209, '10, '11, '12, '13, '14, dated 16th May, 1883; and one 10l. note, 29196, dated 21st June, 1883—three or four minutes after the prisoner had gone away I discovered the discrepancy between the figures at the top of the bill and the amount in words—I communicated with Messrs. Schuster and found out it was a fraud.
Cross-examined. The person who came was in the bank three or four minutes I should think—he was a foreigner, and spoke broken English—he wrote the second signature at the back of the bill—I have not got into trouble about the bill—I did not notice the discrepancy between the words and figures—during the time the man was there I was writing down the figures in a book from the notes themselves—I entered also Schuster and Co., 610l., from the bill; that was all made while he was there—I did not give a description of him in writing; I gave a description, which the solicitor's clerk took down before I went to Paris—I described him as a German Jew, about half an inch shorter than myself, light brown whiskers all round, and I believe a moustache, thick brown hair parted in the middle, with a low brown hat—I did not talk over the matter with Mr. Clare going to Paris—I knew the prisoner there was in possession of these very notes—I do not understand French or German—to-day is the first time I have compared the "E. Giesser" written in Paris with that on the back of the bill—the capital "E's" are not much alike
except in the tails, the bend is higher up in one than in the other, and one is commenced differently to the other—the tail of the "E" in the Paris writing is more like that in Mr. Clare's writing than that on the back of the bill—the tops of the "G's" are similar in the Paris writing and that on the back of the bill—I see no resemblance between the double "s"—I should not like to swear they were both written by the same person, but I should say the writing is the same.
Re-examined. I caused the police to be communicated with the same day, and a telegram to be sent over to Mr. Gil, our Paris agent, with the numbers of the notes.
JUSTIN BIRRER . (This witness's deposition was interpreted to him, he assenting to it.) "I am a watchmaker, at 66, Rue des Petite Champs, Paris—on 23rd February, at 9.30 a.m., I was at the office of Messrs. McHenry, money changers, at No. 8, Rue de la Paix, Paris, to inspect their clocks—while I was there the defendant came in—he said "Will you change me some bank notes; how much more must I pay for the exchange?"—Mr. McHenry said to him "You will have to receive 15 centimes over"—the prisoner showed some bank notes to Mr. McHenry—Mr. McHenry took them and looked at them, and at the same time he looked at a list that he had of some numbers of notes—Mr. McHenry said to the accused "I cannot change the notes, as they are stopped;" upon which Mr. McHenry went round to the door of the office and placed himself against it so that the prisoner could not get out—the accused asked for the notes to be returned to him—Mr. McHenry said to him "Where did you get them from?"—he replied "I have received them by post"—then Mr. McHenry said "That is no business of mine; I cannot return them, seeing that they are stopped; I must have somebody to take you to Mr. Gil"—there being nobody in the office but myself, Mr. McHenry begged me to go with the accused to Mr. Gil's—I did so—Mr. McHenry gave me two notes to give to Mr. Gil—on the way to Mr. Gil's the accused wanted to go by a certain road, which I objected to go, as it was not the straight road, and then the accused consented to go my way—when I got to Mr. Gil's I left the accused behind me a little at the door while I went in advance to speak to a clerk—before I had commenced speaking with the clerk I turned round to look at the accused; I found that the prisoner had gone—I went after him, and saw him leave the first door and go out of the house into the street—I ran after him—the accused was running—I cried out "Stop him"—some one put his hands up and the accused stopped—I was close behind him—I took hold of him by the arm and said "Is that your game?"—he said nothing—we went back to Mr. Gil's—the police were fetched afterwards—I saw the accused hand to Mr. Gil other notes, saying "I am lost; have consideration for my family."
Cross-examined by MR. GOLDBERG. I did not hear him say to Mr. Gil "I belong to a good family; I have been myself deceived;" but I heard him say "I know they are stolen"—I have made a statement before I came here as to my evidence, to a solicitor in Paris, I told him the accused said "I know they are stolen"—the name of the solicitor is Mr. Merghen—I say on my oath that the accused did say "I know they are stolen"—he did also say "I belong to a good family"—I did not hear him say "I have been deceived myself"—I went to the police-station with the accused—I did not hear what took place there.
Cross-examined by MR. BESLEY. I did not pay attention to the prisoner's
accent, I could not say whether it was Italian—I did not hear him say he had arrived from Turin that morning.
CHARLES ADOLPHUS HOFFMAN . I am clerk to P. Gil, banker, 6, Boulevard de Capucines, Paris—I was in the office on Saturday, 23rd February, about 9.30 a.m.—the prisoner and Mr. Birrer came; I did not see him then, but I did when he was brought back—I was at my desk, and heard some one rushing out, and I met Mr. Birrer bringing the prisoner back; he had caught him—I came up the stairs with them—the prisoner began by saying, "I am lost"—he spoke French—he said, "I wish I had a pistol that I might blow out my brains, because I belong to a very honourable family, and I don't mind what you do to me so long as they are spared from disgrace"—Mr. Gil asked him for the other notes, because Mr. Birrer had only brought the two that had been presented—he took them out of his pocket and handed them to Mr. Gil, who handed them to me—the prisoner said he had received them in a registered letter that morning at the Poste Restante—I had the telegram containing the number of the notes, and at once compared it with the notes produced by the prisoner—I found there were three 100l. notes, 24458 to 24460 inclusive, and five 50l. notes, 97209 to 97213 inclusive—there was one 10l. and one 50l. missing—when I found they corresponded with the telegram, the police were sent for and the prisoner given into custody.
Cross-examined. I am English, but understand French and German, not Italian—I did not notice whether the prisoner spoke with an Italian accent—I only knew his name later, when Mr. Gil came back from the station and gave me a card with the name Khiestaller, which the prisoner was said to have given—I did not see the prisoner's passport—I do not know that registered letters would be given on production of passport—the prisoner only said, "Je suis perdu, je suis culpable"—you have to sign a receipt for a registered letter in France the same as here.
JAMES BRETT (City Detective Sergeant). I went to Paris about this matter, and afterwards saw him there on 27th February—on 18th April I went to Calais, and the prisoner was handed to me then by the French authorities—he had consented then to be given up—I found this document on him when I took him in custody—I brought the prisoner to London, and he was charged before the Magistrate at the Mansion House with this offence—afterwards, at Messrs. Lyne and Holman's offices in the City, I saw a box opened in Mr. Goldberg's presence, who was defending the prisoner—Mr. Waite made a note of the contents, I signed ic, it is correct—there was a passport, three 100l. notes, and five 50l. notes taken from the prisoner, 12l. in English gold, a half-crown in silver, 10 guiness in German gold, and other French and German money, a watch and chain, umbrella, trunk, and brown-paper parcel—the passport is in the name of Khiestailer, dated Monaco, 25th April, 1883.
Cross-examined. I saw the signature in the name of Khiestaller for the registered letter from Charing Cross Post-office—when I was in Paris I could not learn anything about it—I did not go to the Post-office nor to the Charing Cross office.
A translation of the statement found on the prisoner was here read. It said that the prisoner had lent 20,000 franca to a Mr. Vormes for gambling purposes; that Mr. Vormes had written to him in February saying he would find letters at the Paris post-office with money and his address, and that he
had left Turin on 22nd February and gone to Paris, where he found a letter awaiting him containing English bank-notes to the amount of 550l.
MONS. ALBERT (The Interpreter). The original of that statement is not in the French of an educated Frenchman—I do not think it is the writing of a German—the absence of the letter h, and the spelling of "osservation," is peculiar to Italians.
Witnesses for the Defence.
LEOPOLD GOLDBERG . I am in partnership with Mr. Langland as solicitors—the defence of the prisoner was put into my hands in April, before the second remand, and I have seen him from time to time—he is not a German in my opinion, he does not write like a Frenchman, but like an Italian—he gave me the name of people in Turin, to whom I wrote, and from whom I received replies—I nave endeavoured to get witnesses from there—I have a refusal from the Inspector-general of the post-office at Paris to send over an official.
RICHARD COOK HUGHES . I am a clerk in the Charing Gross Postoffice—this (produced) is the book in which I make entries of registered letters—there is one in the favour of Khiestaller, Paris, registered on 22nd February at Charing Cross, it was handed in between 12.45 and 1.45 p.m.—it would reach Paris on the morning of the 23rd—I have not got the name of the person who sent it, that I should not know; we do not give the full address.
Cross-examined. All I have is "Khiestaller, Paris"—I do not know whether it was directed to the post-office in Paris—I have only seen the entry to-day since it was entered—I haven't a notion who brought the letter to me for registration—it is initialled by myself.
GUILTY of uttering. — Eighteen Months' Hard labour.
719. WILLIAM COOPER. (23) PLEADED GUILTY * to stealing a portion of a gold chain from the person of John Verlander, after a conviction of felony in May, 1881, at Chelmsford, in the name of Michael Isaacs.— Two Years' Hard Labour.
720. WILLIAM GILSON. (33) and MARY GILSON. (35) , Unlawfully obtaining four pairs of boots and other goods from Edward Clark by false pretences, with intent to defraud; also to forging and uttering an order for the delivery of goods with intent to defraud.
WILLIAM GILSON. PLEADED GUILTY .— Twelve Months' Hard Labour.
MR. PELLEW, for the prosecution, offered no evidence against
MARY GILSON.— NOT GUILTY .
OLD COURT.—Thursday, June 26th, 1884.
Before Mr. Justice Hawkis.
The prisoner stating in the hearing of the Jury that she was guilty of concealing the birth of her child, the Jury found that verdict, and no evidence was offered on the charge of murders. — Ten Months' Hard Labour.
MR. RAVEN Prosecuted.
Upon this indictment, at the suggestion of the Court, MR. RAVEN offered no evidence.
NOT GUILTY .
GUILTY .— Five Years' Penal Servitude.
To enter into his own recognisances in 100l. to come up for judgment if called upon, and in another 100l. to keep the peace and be of good behaviour towards the prosecutor for two years.
GUILTY .— Eighteen Months' Hard Labour.
MR. BEARD Prosecuted; MR. GOODRICH Defended.
NOT GUILTY .
THIRD COURT.—Thursday, June 26th, 1884.
Before Mr. Common Serjeant.
MR. DALTON Prosecuted.
MARY ELIZABETH TAYLOR . I am the wife of Robert Taylor, of Philadelphia—I am staying at the Royal Hotel, Blackfriars Road—on 18th June, the first day I came to London, about 4 p.m., I was with my daughter in Oxford Street, and Allen jostled against me; I looked down and found my satchel, which had been shut, was open, and my pocket-book, which had been in it, gone—I saw Allen run away—I think there was about 1l. 10s. and some silver in my pocket-book—it was my money—I don't know who opened my bag.
MINNIE ELIZABETH TAYLOR . I am the last witness's daughter, and was with her about 4 o'clock on the 18th, in Oxford Street—I saw all three prisoners—I picked them out at the police-court—Allen knocked against my mother—I am almost positive that Smith opened the bag, but I will not swear—Allen took the pocket-book out—as the boys walked before us down Oxford Street I saw the bag in Allen's hand, and when he saw us coming he handed it to McKay; that was about fifteen yards from the place where the pocket-book was taken—I stepped up to McKay, the other two started running; I asked him where the pocket-book was—he said "I am not the thief; they have
the pocket-book," pointing to the other two who were running—I knew that McKay had it, but I was so stunned I lost my presence of mind, and McKay turned away and went after the others—I then ran after the other two—before Allen or Smith pushed up I am under the impression the bag was closed.
Cross-examined by Alien. I don't know which of you opened the bag—I saw you taking the purse out—after you jostled against my mother you all three walked off down the street—you had the purse then—you jostled against her to distract her attention—she turned round and said "How rude," and then you took the purse.
Cross-examined by Smith. I stopped for an instant and then followed you—I did not say "Those are not the two."
Cross-examined by McKay. I ran after the other two in my excitement—you were near them on the kerb-side of the street at the time the purse was taken, and then you all three walked off together—you were not taken then with the other two; you were taken that night for stealing a purse or something of that sort, and I picked you out from a number of other boys at once—I looked at you well and described you.
By the Court. The money was in the pocket-book, which opened with a clasp.
THOMAS PERRY (Policeman C 174). About 4.15 p.m. on the 18th I was on duty in Oxford Street, near Berwick Street—I saw a crowd running down Berwick Street and followed them—in the middle of the crowd in Wardour Street I found Allen—some men said in the crowd "This is one of them, constable"—I took him to where Mrs. Taylor was standing in Oxford Street—she said "That is the one that pushed against me"—when I charged him at the station he said "I didn't take the purse," and then pointing to Smith, "he knows all about it"—Smith followed round in the crowd to the station, and I took him in custody on the information of Miss Taylor—in the police-court waiting-room Allen said, with regard to Smith, "I didn't take it; this is the one that took the purse out of the lady's bag"—I was standing at the door when they were placed for identification; Miss Taylor picked McKay out at once without hesitation.
Cross-examined by McKay. I never saw you till I saw you at the police-station.
EDWARD DREW (Policeman C 317). I told McKay that he would be charged with two others for stealing a purse, and told him to put himself among several other persons then present—Miss Taylor identified him and the other two.
Cross-examined by McKay. I have seen you several times in the neighbourhood of Seven Dials, Oxford Street, and Strand.
The Prisoners' Statements before the Magistrate. Smith says: "I only wish that the ladies will find out their mistake in identifying me for another person, as I am not the one, as I can prove I was at home yesterday about 4 o'clock." Allen says: "I hope she will find the one that opened the bag; it wasn't me, I know. First she says I opened the bag and then she says this man. I did not open the bag. She said last night 'You parted me from my mother,' and she did not know whether it was me or Foreman or Smith that opened the bag."
Allen in his defence said he met Foreman (Smith) and was walking with him when seeing a crowd they went to see what was the matter, and were accused of
the theft; that then they were let go and told to run, and on doing so were seized again. Smith in his defence said that he had walked with the crowd to the station and had gone in and sat down, and that he was then apprehended, and contended he should not have gone there had he been guilty. McKay stated that he was apprehended on another charge at night, and in the morning was placed among a number of men, from whom, he being the only boy, the lady picked him out.
Seven previous convictions were proved against Allen,† and four against Smith† and McKay†.— Eighteen Months' Hard Labour each.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. KEITH FRITH defended Miller.
WILLIAM JONES . I live at 43, Carlton Road, Maida Vale, and am a rent collector—on Thursday morning, 24th April, between 11 and 12 o'clock, I saw my four-year-old pony safe in a field at the back of my house—on the 25th, Friday morning, between 7 and 8 o'clock, I missed it—I put its value at 20l., but I have no doubt it was worth 50l.; it was a clever pony—I gave 8l. or 9l. for it—I broke it, and taught it tricks—I had had it about a year and nine months—I next saw it on the following Tuesday, the 29th—I did not identify it at first; it had been very much altered—it had been clipped, its mane had been hogged, its tail had been docked, and its feet shod—it had no shoes on before—I have not the slightest doubt from its tricks and marks that it was my pony.
OLIVER JONES . I am the last witness's son—on Thursday, 24th April, I saw the pony in the field about half-past 7 or 8 o'clock p.m.—next morning it was missed—I have seen it outside, it is my fathers pony; it is somewhat altered, but I know it and it knows me.
ABRAHAM JEWELL . I keep the Lord Hill public-house, North Wharf Road, Padding ton, and am also a cab proprietor—on Thursday, 24th April, about 10 o'clock p.m., I was coming out of my premises and saw Wilson leading a pony—he asked me if this was Miller's stable—I said "No, it is not"—he mentioned no Christian name, only Miller—I said "His stables are in Kent's Place"—he went away to see them—he came back again with the pony and said "Mr. Miller is gone away, can you tell me where he lives?"—I said "No, I don't know where he lives"—he made further inquiries and then said "Can I leave the pony here while I go to see him?"—I said "Yes, if you like"—I put the pony in the stable myself and left it there for the night—he said he wanted to sell the pony to Mr. Miller—I thought he was coming back for it, but he did not—the next morning, between 9.30 and 10 o'clock, I was in my bar—I saw Wilson with Miller there—Miller bought the pony of Wilson for ten guineas—Miller asked for a sheet of paper—I gave him this piece of paper which I took from a larger circular—there were pen and ink there—Miller wrote out the body of the receipt and read it to him, and Wilson signed it. (Received from Mr. H. Miller the sum often guineas for a bay cob which I warrant quiet in harness.)—Wilson put the stamp on—across the stamp was written "April 25th, 1884, Henry Graves"—I did not know Wilson by any other name, he was quite a stranger; I knew Miller before—after that I saw 10 sovereigns or half-sovereigns laid on the counter by Miller and picked up by Wilson—at that time the pony had
a long rough coat, I am sure it was a Russian one—a man named Cooper is in my employment, I don't know whether he took it away—the receipt was written about 10 o'clock, I don't know what time the pony was taken away.
Cross-examined by MR. FRITH. I have bought and sold horses and profess to be a judge of horseflesh—a Russian pony is not a very desirable or marketable article—this was in a very rough condition—ten guineas was sample money for it, more than I should like to give for one—if I had bought a pony in that condition I should have clipped it directly and have had it shod, you could not work it without—the police green-yard is held at my place—Wilson asked to be allowed to leave the pony at my place—I saw nothing suspicious about it, or I should not have allowed him to do so, I should have given him in charge there and then—the police have access day and night to these stables, which adjoin the green-yard—if a man came bringing a pony asking me to buy it, and I liked it, I should have done so—he said he had got a grey horse about 15.1 or 2 which would make a good cab horse and he would bring it for me to look at—I took him to be a dealer, and might have had a deal with him if he had brought it—I know Miller as a man who buys and sells ponies; the utmost I would give for it was 8l.—there were other persons in the house when the purchase took place, I can't say whether in the same compartment or not—they were not talking low or whispering, anybody in the house could hear; it is not a very large house, I heard some part of it myself while I was serving other customers—I could give the police Miller's address if there was anything felonious in his conduct—the police use my house when off duty, they could have come in and heard any conversation going on—there was no secrecy or anything of that kind—I did not hear Miller send to his wife for cash—Miller's conduct appeared to be fair and open, there was nothing in his conduct to make me consider it was a stolen horse—Miller was using the pony in the public street openly, living quite close to the police-station—it was after the pony was clipped.
Cross-examined by Wilson. You said you came from the country, and that Miller had bought a pony of you the day before—you saw my cab standing outside—I heard you ask Miller ten guineas in front of my bar, and he agreed to give it, and then you asked for the bit of paper, and Miller put 10l. in gold on the counter—he had it in his hand when I saw it—I could not say if he took it from his pocket or not—I was standing close up against the bar, you were in a compartment by yourselves.
By the Jury. I charged 6d. a night for the pony standing in my stable, and Wilson said "Miller will pay that."
Re-examined. I knew Miller as a customer, and had had dealings with him—two or three days afterwards I saw the pony in Miller's possession in harness outside my house.
GEORGE COOPER . I live at 11, Salisbury Street, Marylebone, and am a horsekeeper in Mr. Jewell's service—I was in his house on Thursday right, 24th, when Wilson came in with the pony at very near 10 o'clock—I locked it up in the stable—next morning, Friday, at 7.30, I got the key from Mr. Jewell and unlocked the stable—the pony had a long coat of rough hair—about four in the afternoon Mr. Miller said to me, "George, if you have a few minutes to spare take him to be shod"—he had no shoes on then—I took the pony to Mr. Toombs, a farrier,
4, Campbell Street, Hall Park, and left it there—I had no money for it—I never saw the pony again.
Cross-examined by MR. FRITH. Miller knew me well, I knew where he lived—I should not have taken the pony out in the state it was if it had been mine, it required to be shod—there was nothing suspifcious about what Miller said to me, it all seemed straightforward—I passed several persons taking it—I was not asked to clip it before taking it out.
Cross-examined by Wilson. I saw you in the stable with Miller on Friday morning between 9 and 10—I heard you say to Mr. Miller "What is it to be?" and Miller said "I will give you 10l. 10s.," and they shook hands.
LOUIS GEORGE TOOMBS . I am a farrier, at 4, Campbell Street, Hall Park—on Friday, 28th May, Cooper brought a pony to me between 3 and 4, and gave certain directions in consequence of which I shod the pony, it had no shoes on before—it had a long coat on—I did nothing else but shoe it—I know Miller and he me—I kept the pony about three-quarters of an hour or an hour, a boy fetched him away—I thought he was Miller's boy and gave it up to him—at that time it had a short tail—it had been recently docked, I noticed it was all raw—I do not think I have been paid yet for the shoeing—I saw Miller next morning—he asked me if I had shod it, I said "Yes"—nothing more passed.
Cross-examined by MR. FRITH. I saw him at the Short-horn Dairy, where he was at work—I have shod horses for him before—the governor had an account with him—there was nothing in this transaction which differed from any other, and it looked quite straightforward and above board—I have heard he buys and sells horses—I do not know where he lives—I know where to find him, he works at the Short-horn Dairy—the boy came in broad daylight and fetched the pony away—it was not clipped then—there was nothing unusual in its appearance.
WILLIAM CRANE (Police Sergeant). I received some information about this pony and made inquiries, and on Tuesday night, 29th April, took Mr. Jones to Keats, Kent's place, North Wharf Road, to a stable occupied by Miller—when Jones first saw the pony he could not recognise it, afterwards he did by some tricks the pony performed; Miller was there then—I said "I have called to make inquiries about a pony"—he said "What sort of pony is it?"—I said "It is a bay pony with a long coat, long tail, long mane turned over on the near side, and is without shoes"—Jones was present—Miller said "Let the gentleman give a description of it himself"—I said "I have already given you a description, if you have the pony there let us see it"—Miller said he had a pony there but not of that description—then he took a pair of blacksmith's pliers and pulled a staple out of the stable door, and Miller then led the pony out into the yard—I found the pony was clipped, docked, hog-maned, and had been recently shod—I took the prisoner to the station and Jones led his pony—I asked Miller how he came into possession of it—he said "I bought it of a man named Jarvis, and paid him ten guineas for it," I think he said on the 25th; "the receipt is at my wife's house"—he said the pony had got a long coat on when he bought it, but he did not know what the tail was, it was shod when he had it, and that he should know the
man of whom he had bought it if he saw him again—I then went to his house and obtained the receipt from his wife—Miller did not go with me, he was detained in custody—the receipt is dated 25th—Miller was taken before the Magistrate, and Wilson was taken afterwards for housebreaking, and then he was charged with Miller.
Cross-examined. Smith and Roper were present when the staple was taken off the door—I did not see Mrs. Smith—Mr. Smith could have heard the conversation—I am willing he should give his version of it—I have no note of this conversation, it was so short, I will pledge myself to the exact words—I have given an accurate account, there might be a slight variation—I have a record of the conversation here—I made it the same evening—I am not a very good judge of ponies—I should not take this for a Russian pony—Miller led the pony out himself.
The Prisoners' Statements before the Magistrate. Miller says: "I reserve my defence." Wilson says: "I did not steal the pony, I acknowledge I sold it. It is false what Mr. Jewell says, that he saw me receive money for it. There was no one else but we three in the bar when the transaction took place. I went to the boy who works for Miller and asked him where Miller lived, he gave me his address, and I went and saw him and the man who stole the pony. He made the appointment to meet me next morning at the Lord Hill. I received 3l. only, Mr. Jewell never saw any money pass at all."
THOMAS DEAN . I am a warder and schoolmaster in Her Majesty's Prison at Wandsworth—on 3rd June I supplied Wilson, at his request, with some paper, and he wrote out this statement, which, he gave me next day. (In this statement Wilson denied stealing the pony, but stated that a man named Taff Jones asked him to find a customer for it, promising him remuneration for so doing; that he spoke to Miller about it, and asked him 10 guineas; that Miller asked him to bring it to the Lord Hill and he would give that if it was worth it, if he would bring it there before 10 o'clock at night; that he did so, and Miller not being there he put the pony in Jewell's stable and went and got Miller's address from Taff Jones; that he saw Miller, who said he had forgotten about the appointment, but that the pony was safe in Jewell's stable, who was a "pal" of his, and that he was to meet him at 9 o'clock next morning at this stable, 150 yards from the Lord Hill; that next morning Miller said he would give him 2l. for the pony, and asked him to give a receipt for 10 guineas before Mr. Jewell, and that that was written in the public-house, but that no money passed there, and that nobody had gone to Miller's wife for 10 guineas; that afterwards he had gone to see Miller and had received another sovereign from him.)
Witnesses for Miller.
THOMAS SHAW . I live at 30, North Wharf Road—I was outside Mr. Jewell's on the day the pony was sold; I forget the date—I went for Miller to his wife, and brought back 10l. which he had sent me for, and gave it to Miller outside the Lord Hill between 9 and 10 a.m.
Cross-examined. I am out of employment now; I have been a milk-boy—I live not two minutes' walk from the Lord Hill—I think it was a Friday morning—I was outside the public-house—Miller came out to me, I knew him before, and asked me to go to his wife and fetch him 10l.—I went to 10, Clarendon Terrace, Maida Vale, about half a mile away, or
not so much; I could walk there in about five minutes—he did not say what he wanted it for.
Cross-examined by Wilson. I called Miller out of the bar; I saw you in the bar with him.
THOMAS GURNEY . I live at 19A, Hermitage Street, Paddington, and am in the employ of the Paddington Vestry—I was in Jewell's public-house when Miller and Wilson were there; I was in another compartment and could see them—it was either Thursday or Friday—Miller was buying a horse, and put down 10 guineas on the bar; Wilson picked it up—Jewell handed a bit of paper like that, and pen and ink for them to write a receipt—I could see perfectly what was going on.
Cross-examined. It was about 10 a. m—I heard he wanted 10l. 10s. for it—I heard nothing else—I did not see Shaw there—I was in the public-house 8 or 10 minutes—when I heard the dealing the receipt was written and signed and the money paid right off all at the same time.
Cross-examined by Wilson. I did not see any one else with you.
WILLIAM ROPER . I am manager of the Shorthorn Dairy, Paddington—in consequence of what Crane said to me I spoke to Miller before he was arrested. (MR. POLAND objected to the witness stating what passed between himself and the prisoner, and the COMMON SERJEANT ruled that it was not admissible.) I had a conversation with Miller, in consequence of which he went out—I saw the pony, it was put in my trap—that was after the clipping.
Cross-examined. I did not see it before it was clipped.
Re-examined. I should not have driven it about the street with a long coat and mane.
FREDERICK SMITH . I am a cab proprietor, carrying on business at Kent Place, North Wharf Road—I was present when Crane came round to the stable and I told them Miller would be home in the evening, and then they could see the pony—I made a communication to Miller in the meantime, and was present when Crane and Jones came round in the evening, and heard what passed—I keep 30 horses—I should say the value of a pony like that in a rough state was eight or nine guineas.
Cross-examined by MR. POLAND. I am the owner of the yard—Miller was waiting to see Crane and Jones—the door was open when they came—I sent a boy for Miller; he had only just gone to the bottom of the place—Roper, my wife, two boys, and two horse-keepers were there at the time.
WILLIAM ROPER (Re-examined by MR. FRITH). After Crane had been I saw Miller at 5 o'clock, and told him what Crane had said—he made no objection to going round to the stable, and did go round, and then Crane came—Crane said "I want to look in the stable"—Miller did not prevent him in the slightest—Miller opened the stable and said "You cannot see in there, I will bring him out," and did so, and the man identified his pony—Miller gave the man every opportunity to see the pony.
Wilson in his defence stated that he had received a pony from a man about whom he had given Crane information; that he did not know it was stolen, and that he had only received 3l. for it.
MILLER.— NOT GUILTY .
WILSON.— GUILTY .— Eighteen Months' Hard labour, to commence at the expiration of a nine months' sentence which he is now undergoing for burglary.
NEW COURT.—Friday, June 27th, 1884.
Before Mr. Common Serjeant.
MESSRS. POLAND and MATTHEWS Prosecuted; MR. GILL defended Lungley.
MARION LAMB . I live with my married sister, Charlotte Maria Scopes, at 22, Batoum Gardens—on Saturday night, 16th February, I went to bed about 12.30—the outer doors and windows were all closed for the night—I got up next morning about 8.30 and found the kitchen window open and the scullery door—I missed a joint of uncooked beef from the larder, about 12 pounds; it was two bones of long ribs with an under cut—I missed two top coats of my brother-in-law's and a jacket of mine from the hall—I had worn the jacket two winters; it was braided at first, and the braid was taken off and dark brown fur substituted—this is it (produced), but the fur has been changed—it is worth about two guineas—I saw it on the pegs on the Friday before—I also missed a baby's white worked frock, a bottle of whisky, and a bottle of port from the dining-room.
CHARLOTTE SCOPES . I am the wife of George Scopes—I identify two back seams on this jacket as my work, it was too long, and I altered it—I also missed 12 pounds of sirloin of beef which had two bones in it.
HENRY SMITH . I am in the employ of Messrs. Kirkman, pianoforte manufacturers, Hammersmith, and live with my wife at 18, Wilson Road, Hammersmith—the prisoner Smith lodged in my house—this is his rent book—here is an entry, "Geo. Smith to H. Smith, one furnished room, top, at 5s. a week"—the first entry is "February 23rd, paid 5s."—that was for the week from the 16th to the 23rd—he came to lodge there on a Wednesday, but he paid up to Saturday, the 16th, to make it even—a woman who passed as his wife lodged with him—the first Sunday they were there I heard a row, and my wife went up to see about it—I do not know what time it was, but it was before breakfast—I do not know Lungley.
Cross-examined by Smith. I do not know who the row was with—I am not aware that the first Sunday you were there my wife asked you to turn out of the house for causing a disturbance and giving her a blow—I may have knocked my wife about in the yard, because I have done it on several occasions—that was not the row I am alluding to, that took place in your room before I was out of bed—if you gave my wife any whisky when she came up to you I can't say that it made any difference in her.
By the COURT. I did not thrash my wife for being drunk, she. was not so drunk as she is sometimes.
By MR. POLAND. She was not drunk when she got out of bed on Sunday morning and went upstairs hearing the row, she had been sleeping with me all night—she was upstairs five or ten minutes, and when she came down I could not see that she had been drinking, I merely took her word—she was sober when she went to bed on that particular night.
JANE SMITH . I am the wife of the last witness—the prisoner Smith and a woman whose name I now know to be Ellen Parslow, came to lodge with us and passed as Mr. and Mrs. Smith, living as man and wife—on the first Sunday they were there I went up to their room about 7 o'clock a.m. as there was a row and found them there and the prisoner Lungley drinking whisky—they were drunk, and Mr. and Mrs. Smith were having a row—there was a whisky bottle and a piece of uncooked beef on the table—I asked Smith why Lungley was there at that time of the morning—he said "I have had some money left me, and I shall have a party and have who I like in my room"—I asked them to be quiet and said that I would make them a cup of tea, which I did and took it up—Smith said that his wife was drunk and had got drunk on wine and pints—Lungley remained till about 9 o'clock, and then they put on their things and went out together—Lungley took about half of the beef with him—next morning, Monday, 18th February, I saw this jacket in Smith's room—he was there and gave it to me to sew this black fur on which he got off a black satin jacket—I did so—I never had the brown fur, he kept that—he had a latchkey.
Cross-examined by Smith. I did not have a row with my husband and come upstairs for you to come and turn him out of the house as he had been knocking me about, nothing of the kind—he could not have followed me out into the yard, because we were in bed—I am not drunk five days out of six—my husband did not follow me up into your room on the Sunday, and begin knocking me about; nor did you tell me next day what would take the black out of my eyes, but you did afterwards—you were all three drunk—I came into your room at 7 a.m. when the row commenced—I saw you again that day cutting off the brown fur; you brought it down for me to sew it on and I did so—you walked with a stick; you said that you had a bad foot; but you could walk well enough.
Cross-examined by MR. GILL. Mrs. Parslow could see the fur being removed—Smith complained to me of the woman having drunk the whisky and the wine—other people lived in the house, two women—Smith and Parslow lived there over three months; they went out together on the Saturday as they always did—I do not remember their coming home—I saw Smith and Lungley go out at 9 o'clock.
Re-examined. I went up at 7 o'clock, the row had then been going on for a quarter of an hour.
ELLEN PARSLOW . I am a widow and live at Blyth Lane, Hammersmith—I went to live with George Smith at Wilson's Road as man and wife on Thursday morning, February 14—on the Saturday evening I went out with Smith; we parted and I was out with a gentleman till 4 a.m.—I had a latch-key and went home and went to bed—Smith had not come home; he came home about 7 a.m. with Langley—I was then on the bed—they brought this jacket with them—I had brought in some whisky and about 4 lb. of beef, an aitch bone, but no wine—Lungley had the jacket on his arm—I got up, gave them some whisky,
and made the breakfast—Lungley gave the jacket to me; there was no fur on it; I did not see who took it off—I afterwards put this fur on it, which I got off a satin jacket of my own, which I gave 2l. 10s. for—I took the jacket to wear and wore it at the police-court, and a policeman took it from me—I had seen Lungley once with Smith while we lodged there—Smith had a latch-key as well as me.
Cross-examined by Smith. There is only one key which will undo the room, and that was in my possession—I wait for you if you are not in—I was in bed, because the door was not locked that night—you had a sprained ankle and walked with a stick—I was knocking about the streets to get my living and have to mix with all classes—a friend did not give me the jacket.
Cross-examined by MR. GILL. I had not known Smith long—I took his breakfast to the police-court towards the end of May, and was wearing the jacket now before me—the police spoke to me about it—I said that Lungley had given it to me, and I have said so ever since—it was not given to me on Monday evening by Smith, nor did the landlady take the fur off; there was no fur on it, but I put this fur on—I don't know Amelia Andrews—Mr. Smith had a young woman living there whose name I do not know—I did not give her the set of brown fur—I do not know that she sold it—I know nothing about that fur, but the landlady put on the other fur—she did not take the fur off on the Monday evening, but I took the fur off the second jacket to put on to this—I have said "The landlady put this fur on and I tore it off because I did not know how the jacket was got"—I put it on again about five weeks afterwards—I knew Smith as Brummy.
HENRY JONES (Police Inspector). On 13th March I saw Paralow at Hammersmith Police-court wearing this jacket—she made a statement to me at the police-station, and I took the jacket from her—Langley was afterwards taken in custody—Amelia Andrews has left her situation and we cannot find her.
Cross-examined by Smith. You were brought into the station about 8 p.m.—Parslow was not there then—she made a statement to me, but I did not make it known to you because you were charged with other offences, and the inquiry in this case was not complete—on the evidence I received from Parslow I ordered Lungley to be apprehended.
THOMAS GREET (Police Sergeant C). On 17th February, from information I received, I went to 22, Batoum Gardens, Hammersmith; the kitchen window had been opened by forcing back the catch, and an entrance made—Batoum Gardens is upwards of a mile from 18, Wilson Road—on 15th May, about 9.30, I went to 9, William Street, Notting Hill Gate, and saw Lungley—I said "I shall take you for breaking into 20, Batoum Gardens, and stealing two overcoats, a jacket, and other articles; you will probably be charged with George Smith alias Brummy; you know Brummy?"—he said "I know a man named Brummy, but I know nothing of this robbery"—I took him to the station—he was charged, and said "All right"—I cannot trace the coats.
Cross-examined by MR. GILL. I went there with instructions to arrest Lungley—it was part of my business to question him under the circumstances—I did not want to get an admission from him—I knew that he knew Smith, and I did not put the question interrogatively—the Magistrate admitted him to bail, and he surrendered this morning—I took a
note of Amelia Andrews's evidence with regard to the jacket—she said that Parslow gave her the brown fur and that she had sold it.
Cross-examined by Smith. I knew you in May, 1883, but I won't swear that I saw you then or in June, but I have seen you in every month this year—I knew you last year visiting the Brewery Tap, Goldhawk Road, and living with prostitutes.
Smith in his defence stated that Parslow drought in the meat and the whisky, and that he knew nothing of the jacket till she had it on her back; that he had a sprained ankle, and therefore could not get over walls or break into houses, and that the row was caused by Mr. Smith knocking his wife about for being drunk.
GUILTY of larceny. LUNGLEY. then PLEADED GUILTY to a conviction of felony in March, 1876, at Oxford. He received a good character since— Judgment respited.
SMITH. was convicted at this Court in May, 1884, and then
PLEADED GUILTY to a conviction at Birmingham in January, 1874, in the name of Aaron Haynes. Several other convictions were proved against him.— Five Years' Penal Servitude, to commence at the expiration of his present sentence.
NEW COURT.—Saturday, June 28th, 1884.
Before Mr. Common Serjeant.
732. JOSEPH SIMMONS. (49) was indicted for wilful and corrupt perjury. Second Count, for a like offence. Third Count, for endeavouring to obtain 3,500l. from the Great Northern Railway Company by false pretences.
JOHN HOWELL BRADLEY . I am one of the clerks in the Queen's Bench Division of the High Courts of Justice—I produce the writ and pleadings and judgment in the action of Simmons v. The Great Northern Railway Company. (This was a Judgment for 1/4 d. with costs, on a claim of 5,000l. by the prisoner against the Railway Company.)
Cross-examined. Mr. Digby Seymour cross-examined him.
FREDERICK WORTHAM . I am a clerk in the Affidavit Department of the High Courts of Justice—I produce an affidavit sworn in the action Simmons v. The Great Northern Railway Company, and a further affidavit sworn in the same matter dated January 23, 1884. (In this the prisoner stated that he was unable to remember in what class carriage he was travelling at the time of the collision; that he felt great pain and inconvenience
in his stomach, and afterwards found that he was ruptured; that he had no rupture before that; that his income was 800l. as a surveyor and 2671 as an aeronaut.)
JOHN FRANCIS PADDON . I am managing clerk to Mr. Cheese, the solicitor in the action for the defence—I had the conduct of the action—the defendant's chambers are in the same buildings as Mr. Cheese's—I kept Simmons posted up from time to time as to what was going on—this affidavit Mr. Cheese prepared from instructions made by him; they are correct; the signature to this one is in the prisoner's writing—I produce a letter I received from the Great Northern Railway's solicitor on 23rd May. (Stating that they would be happy, if possible, to settle the claim without investigation, but requesting to be furnished with reliable data.) This is our answer in Mr. Cheese's writing; that was written on instructions received from Simmons—these two letters (produced) are also in Mr. Cheese's writing—I conversed with him upon them in the course of the action, and he did not repudiate what he had done.
Cross-examined. I did not show him these actual letters, but the drafts of them were shown or read to him; I can't swear positively.
Re-examined. When I conversed with him he denied suffering from hernia before the accident, and denied that he had used a belt or truss—I then wrote this letter—this order for particulars was served on me, and particulars were delivered to the Great Northern Railway in the course of the action.
By MR. WILLIAMS. My firm are not acting as solicitors now—the prosecutor produced this book at the trial, showing what his income was—some of the amounts are entered in pencil and inked over—I saw him some dozens of times—Mr. Cheese attended to the case himself, and nobody else.
WILLIAM ROGERS . I am a shorthand writer—I took notes of the evidence given by the prisoner in the action before the Lord Chief Justice on May 22nd, 1884—I have since made this transcript, which I have compared with the original, and it is correct. (The transcript was here read, in which the prisoner stated that his income was 1,100l. a year, which he made partly out of surveying and partly by ballooning; that he received a shock in a railway collision, since which his vision had become double, and he was ruptured, and also lost his sense of smell, having previously been in perfect health.)—the prisoner was about half an hour in the witness-box—I should not say Mr. Seymour tortured him—the Lord Chief Justice put some questions to him.
THOMAS HOBSON . I carried on business for 40 years as a truss-maker at Charing Cross as Coles and Co.—Mr. Gray was my assistant—I produce a book in which an entry was made by Mr. Gray on October 6th, 1880, and an appointment made, when a truss would be ready, which was, I think, October 9th, but I saw the prisoner on two or three occasions—I told him he had a bad rupture, and there would be a difficulty in retaining it—the bowel was protruding about the size of an egg—that is hernia—I fitted him with the truss, and he went
away—I afterwards became a member of the Ballooning Society by his introduction.
Cross-examined. Mine is a very extensive business, and I see and converse with a great many persons with ruptures, but I have not the slightest doubt about the prisoner.
HENRY JOHN GRAY . I carry on business in Piccadilly in the name of W. Coles and Co.—I used to be Mr. Hobson's assistant—this memorandum in October, 1880, is in my writing—I saw the prisoner on that occasion in reference to a hernia—I examined him, and made an appointment for an instrument, which I was to make specially—he was suffering from an inguinal hernia of the size of a hen's egg on the right side—I explained what was the matter, and that the character of the hernia requested a special instrument, which I had not got at the time—I did not hold out any hopes of recovery, as it was purely, mechanical treatment—he gave me the order to make the instrument by the following Monday, when he came and was fitted with it in Mr. Hobson's presence—I cannot remember the conversation.
Cross-examined. I gave him no hopes of cure—I see some hundreds of persons in the course of a year suffering from hernia—this was an aggravated case—the price of the instrument was 30s.
WILLIAM DEWSNAP . I am a surgeon, of Theresa Terrace, Hammersmith, and have been in practice many years—I was called in to attend the prisoner in February, 1867—he was suffering from a fœtid discharge from the nose and loss of smell and taste—it was very offensive—there was a very offensive secretion and symptoms of diseased bone—it appeared to be of a syphilitic character—he was also suffering from severe neuralgic pain over the brow—I advised him to have a consultation with Dr. Richardson, of Manchester Square, which he did on 13th March in my presence—Dr. Richardson explained to him the nature of the case, and said that there was diseased bone there, and as soon as it became loose and separated it would have to be removed, but that the loss of smell would probably be permanent—if you lose your smell you lose your taste too—he complained of both being gone—that was caused by the diseased state of his nose—the smell would not come back after the bone was taken away—I removed two pieces of bone from his nose with the forceps—he saw the bones, they were left on the table—he was not under chloroform—it was dead bone, and came away very easily—it would not destroy the conformation of the nose—I paid him over 60 visits, which I charged for.
Cross-examined. He was in a great deal of pain—I applied the freezing apparatus to his head many times—he never recovered his sense of taste and smell as long as I knew him, which was only a few months—I don't know whether he recovered them afterwards—the disease would affect his smell and taste, but not his memory—I think it was syphilitic neuralgia he was suffering from.
Re-examined. He could not recover his sense of smell and taste.
BENJAMIN WARD RICHARDSON M.D., F.K.C.P. I practise in Manchester Square—on 13th March, 1867, I was called to a consultation with Dr. Dewsnap, and saw the prisoner, who was suffering from a disease of the nose, a fœtid discharge, and very severe neuralgia or brow ague—I came to the conclusion that there was diseased bone in the nose—he complained that he had lost the sense of smell, which is the usual result
of diseased bone in the nose—I said that the diseased bone was not detached, but in a few days it probably would be, and then it should be removed—the probable result of the removal of the bones was the permanent loss of smell.
Cross-examined. He was suffering dreadfully—I thought it was of syphilitic origin.
Re-examined. He was quite conscious; I have no reason to doubt that he understood the advice given him.
JAMES WELLS . I am a surgeon, of 207, Caledonian Road Islington, and am assistant to Dr. Brunton, who has care of the Company's staff—it is his duty when there is an accident to go down to it, but on this occasion he was not there, and I went down to Edgware Station and saw the prisoner, who complained of having sustained a bruise on one of his arms, and that his coat was torn over the bruise—he showed me the torn coat, and I saw the bruise—it was not serious; it was slight—he said that there was nothing the matter with him, and all he required from the Company was a new coat—that was an hour and a half or two hours after the accident—he did not appear to be suffering pain; he was walking about the platform in an easy manner—he said nothing of any pain in the groin.
DR. JOHN BRUNTON . Mr. Wells reported the prisoner's condition to me—I examined him on 5th January, 1883, which was the fifth day after the accident—he said his nose had bled, and that he had lost his sense of smell and taste—in a man who had the bones of his nose removed in consequence of syphilis the result would be permanent loss of smell—I found an inguinal rupture of the left groin near the lower part of his belly, and formed the opinion that it was not recent, nor in consequence of the accident; it was of long standing.
Cross-examined. I examined him last on May 2 this year, the rupture was then the size of a small orange.
WEETMAN DICKINSON PEARSON . I am one of the firm of Pearson and Son, contractors—we have paid the prisoner since the beginning of 1881 10l. and 100l.; the 100l. was paid into Court for an action being compromised; his claim was 550l., and it was settled with 100l.
GUILTY. upon the First and Second Counts.
NOT GUILTY on the Third Count. — Two Years' Hard Labour.
OLD COURT.—Friday, June 27th, 1884, and six following days.
Before Mr. Recorder.
733. JOHN ROBINSON (38), RICHARD WHITE (43), THOMAS EDEN (42), DANIEL DANAFORD (36), JOSEPH JOHNSON (38), ALFRED BROWNE (54), EDWARD DAVIS (38), HENRY WELLS (40), RICHARD MAY (66), FREDERICK HISCOCK (45), HENRY OWEN. (29), and EDWARD WATERS. (40) , Unlawfully conspiring together to cheat and defraud divers persons of their goods.
MESSRS. BESLEY, MONTAGU WILLIAMS, and MEAD Prosecuted; MESSRS. FILLAN and BLACKBURN appeared for White; MR. METCALFE for Danaford; MESSRS. FULTON and BAYLISS for Owen; MR. E. BEARD for Waters; MESSRS. GEOGHEGAN, FLEMING, and HOPKINS for Davis and May; MESSRS. BURNIE and FOOKS for Hiscock.
Association, Limited, which previous to March, 1882, was my own business, and was then converted into a company; that fact was announced in the Grocer newspaper—in April, 1882, Robinson called on me, and applied for the situation of traveller to the company—he told me had been in business on his own account as grocer but had failed, but he had a good connection among grocers, and that he could take advantage of it if we made him traveller—he gave a reference which was very satisfactory, and we then took him into our service—he was to be remunerated on commission, not payable until the goods were paid for—the first order is dated 28th April and gave three names—one is John Corby, half chest of tea; that would be about 4l.—on the next day, the 29th, I received another order by letter—amongst the names given on that occasion were Wenman, Johnson, and Downton—Johnson's order came to 2l. 10s.—he was described as W. J. Johnson, Esq., Rose Cottage, Wells Street, Camberwell—on 2nd May an order was given in the name of May, 11, West Terrace, Evelina Road, Nonhead—Robinson said he had been twelve months at that address—I took notes in this rough order book from Robinson's statements—on May 5 the name of H. May was given me, of 695, Old Kent Road—Robinson said he had been seven or eight years at his shop—I sent H. May's goods by Pickford's; they were returned—Pickford said he could not find him—I told Robinson that—he said that it was ridiculous, that May was very well known there, and a man describing himself as H. May came himself, and was very angry that he had not got his goods—in the end the goods were delivered by Pickford—on the 8th of May amongst other orders I received one from Owen Brothers, 2, Caroline Terrace, St. Ann's Road, Stamford Hill, to the value of 6l. 4s. 6d.—the good were supplied—I afterwards received this order, dated 9th May, purporting to come from R. May, 11, West Terrace—the goods were supplied.
LEONARD FREDERICK BRUNNER was here sworn and stated that he had seen Johnson write and believed the letter produced was in Johnson's writing, but could not say for certain)—I subsequently applied to R. May for payment by letter, which was returned through the post-office as a dead letter with "Gone away, no address" on it—that was about July 6th or 8th, 1882, his two orders together were 22l. 3s. 10d.—amongst others I received an order from James Weston, 39, Fenham Road, Peckham, introduced by Robinson, for two and a half chests, value 10l. 7s. 10d.—Eden subsequently called on me, representing himself to be Weston, to see if his tea was ready, as it had not been sent—we subsequently received other orders—we ouly supplied one, for which we have not been paid—on 19th July, 1882, I wrote for payment of the account to James Weston—the letter was returned through the dead letter office marked "Gone away"—I believed Eden to be Weston the whole time—on 13th May I received an order from Robinson for Edward Waters, 38, Salisbury Street, Church Street, Paddington—I supplied that, it was for 14l. 0s. 7 1/2 d.—I received another order which I did not execute, through Robinson—we applied for payment of the first order about August and received letters making excuses—we never got paid—while Robinson was in our service we supplied goods to his orders to the amount of 250l. 12s. 1d.—he was with us during April and May, 1882, but we only had one order in April—on these orders we were paid altogether 11l.—orders were given to the amount of 65l. 7s. 5d. which we did not execute—none of the defendants
paid me a farthing, either those in the dock or those in the indictment—when I first sent to get the money I complained to Robinson about the non-payment of these accounts—he said he had been obliged to give them longer credit than we had stipulated for—the trade custom is three months—ultimately I told him to call—he did not—I did not see him again—he asked for something on account, and I declined to pay him till some of these accounts were paid, and he declined to go on traveling—he never came to claim his commission—we put the matter into the hands of a collector—he never got anything.
Cross-examined by Robinson. I gave you cards and samples when you started—people brought the cards with your signature at the bottom, and I understood they had been introduced by you—sometimes you brought orders yourself—you stopped an order on my representation—I think you received 6l. or 8l. altogether—I remember H. May calling one morning and tasting tea with me and saying he had been at Twining's in the Strand, and giving an order himself—I did not call on you, we had a detective and tried to find you; we found an address at Notting Hill! but you were not there up to 12 o'clock at night—I don't remember having a letter from that address asking me to call—you said in one letter you should try to obtain payment in a month, or one order under another—you were very frank about your misfortunes—when I engaged you I stipulated that you should pay your own expenses and be paid by commission, because I thought it would make you more careful from whom you took orders—the 6l. or 8l. was paid on account—the last time you came you asked for some cash—you were going to see your father, and I gave you 12 pounds of tea—your wife came next day, and I gave her two pounds more.
Cross-examined by Eden. I don't remember a messenger calling from, you, I saw you when you called as Weston—Corby's shop was in the Borough.
Cross-examined by MR. METCALFE. Robinson gave me a reference to Mogford, a firm of lithographers in Southampton Buildings—we inquired of and about them—they had been there 15 years, and the report we got about Robinson satisfied us—I believe Mogford to be quite respectable.
Cross-examined by MR. BAYLISS. Owen Brothers' order was one of Robinson's—I don't know whether Owen lives at the address given; I have never been there, and only know Robinson said he lived there twelve months.
Cross-examined by MR. BEARD. I received Waters's order, 14l. 0s. 7 1/2 d., on the back of one of my own cards, either sent by post or brought by Robinson—I cannot say whose writing it is on the back of the card; it is signed by Waters.
Cross-examined by MR. FLEMING. I saw a man calling himself R. May, but I do not recognise him in the dock—I made no inquiries before I sent the tea to Nunhead—I sent 12l. 18s. 10d. worth of tea on the 2nd May, and 9l. 5s. worth on the 10th.
By the COURT. I got none of the 22l.
By Robinson. I think I remember your requesting me not to supply goods to any one without your authority—I went myself to Corby and Harris, they being nearest to my place, to satisfy myself they had got businesses—they had shops well stocked, and I supplied the others
without inquiry on your representation—you had no authority to collect accounts—we sent to the other people.
Re-examined. One order was on 28th April, all the others brought by Robinson were in May, 1882—Robinson has never interfered to prevent my sending any goods to any prisoner—he stopped one after I had made inquiries and found it was unsatisfactory—goods to five of the prisoners amounted to 58l., and there was 200l. besides orders given and not paid for, and 65l. not executed—some orders may have come in June which were not executed.
Cross-examined by Johnson. Your order was to a private house—I supplied the goods on 29th April—I don't know when I applied for the account—you were gone away then—I made this entry about it when I found we could not get the money, and when the credit expired about the end of July—it was not 20 lb. of tea.
JERRY MINTER . I live at Upper Bedford Farm, Bowen, Essex—in April, 1882, I advertised in the Stratford Express to sell milk—I got some letters, among them one from Owen, St. Ann's Place, Stamford Hill, who said he would meet me at Liverpool Street Station—I met him there and spoke about a reference, and Johnson passed by, and Owen said "This gentleman, to whom I am well known, will give me a reference"—Johnson said he was a general agent, and said something about dealing in butter—he said "Mr. Owen is a decent man who will pay you for the milk," and that he had dealings with him himself—about 15 or 16 gallons, or two churns full a day was agreed on at 1s. 8d. per gallon, or 1l. a day or a little more; there are eight barn gallons of eight quarts each in a churn—I concluded Owen had had general goods of Johnson, as he was a general dealer—Johnson spoke to Owen about having a lot of butter over from Belgium, and it would be a good thing—I sent the milk to 2, Caroline Terrace, St. Ann's Place, Stamford Hill, for six days in succession, when he owed me 7l. 17s. 6d.—I sent my son and he got 1l.—I then sued Owen in the Edmonton County Court; he admitted the debt and asked for time, as he had been hardly pressed by other creditors, and would pay 1l. a month—I waited some time and then went and found he had moved away—I got nothing.
Cross-examined by Johnson. It was in May, 1882, that I saw you at Liverpool Street—I don't suggest there was any collusion that you should be there—you said you were traveller for a wholesale butter firm, and gave me your card with your name and address; the name of the firm was not on that—you merely said you found Owen a respectable man and believed he would pay me.
Cross-examined by MR. BAYLISS. Owen wrote that he wanted milk and I made the appointment at Liverpool Street—I have no knowledge that Owen wrote to me after one or two days, telling me not to send any more milk—if he had I should have said "You must keep to your bargain"—Stapleton was mentioned in the conversation; I believe Owen said he had been in his service some years—I do not know whether Owen has been carrying on business in that neighbourhood for ten years.
Re-examined. The contract was to run till either side gave a week's notice—I stopped because I heard I should not get my money.
told him who I was, and asked where was the money for my father that he ought to have paid into the County Court; the next thing would be to have a judgment summons against him, and he would be locked up—he said he was unfortunate, and it would be no use throwing good money after bad, as all his things were taken care of, and I left him judging that he had a bill of sale.
Cross-examined by MR. BAYLISS. He said nothing about a partner named Smith, but I heard my father say he had had one—he gave no reason for not being able to pay.
ROBERT GEORGE SIMES . I am a grocer, at 267, Commercial Road East, and 153, Graham Road, Hackney—in June, 1882, I employed Robinson as traveller; he said he had done business with customers for a long time, and would recommend every case he sent us—our terms are fourteen days—we gave him 1l. a week and a small commission—he introduced James Eton, of Kingsland Road (Eden), saying he had done business with him for a long time, and he was a substantial man whom he would trust with 50l.—the goods on the first order, a comparatively small amount, were supplied—two further orders, making 21l. 4s. 2d. were given on the 7th and 14th July, 1882—I supplied the goods—I have not been paid—I received this letter from Eden on the 8th August (Promising to pay next week)—he gave other orders which I refused to execute—he said he knew T. P. Wood well, and had done business with him, but we afterwards found Wood was a returned convict—my manager called seven or ten days after the 14th—I received an order, introduced by Robinson, from Henry Owen, trading as Owen Brothers, 2, Caroline Terrace—a small order was sent, supplied, and paid—Robinson recommended Owen strongly, and said he had known him a long time and done business with him for years—a third order was given—the amounts unpaid are 14l. 5s. 11d. and 14l. 3s. 11d., on July 15th and 20th, 1882—I have never been paid—a summons was issued, but we found he had gone—an order was given by Robinson in the name of Waters, 38, Salisbury Street, Lisson Grove—I supplied a small order for cash—Robinson said he had known him a long time and done business, with him, and could trust him to any reasonable amount—I supplied goods to the amount of 17l. 11s. 5d—I called, and he suggested, as he could not pay, that I should draw on him for a month or two—I drew two bills, 17th October, at one month for 8l. 15s. 9d. and the other for the same amount at two months—I advised him a few days before they became due that I should call; I called, he said he was very sorry he could not pay, but he had just lost his father—I consented to leave it for a week or two—on the 20th December the second bill became due, he failed to pay that, and when I went he had gone—he never paid a farthing, and I never knew where he was—on the 22nd June Robinson gave me an order in the name of Collins, of Tobin Street, Notting Hill, for 10l. 6s. 10d.—the goods were supplied—I went to the shop afterwards several times, and found it was Robinson's shop—I saw Robinson's brother inside—I did not get my 10l. 6s. 10d.—the total amount I lost through Robinson was 121l. during June, July, and a few days in August, 1882—Robinson referred to Leonard Austin, of Guildford, when he came to us—he did not mention his last employer, Mr. Chalmers, and we had not the slightest idea he had been there just previously—my manager spoke to him—he knew after the transaction what Owen's trustworthiness was—I
cannot say when he was spoken to about Owen—about a year after Robinson, left my manager brought him to me, and I said if he would give me the addresses of any of the debtors I would forgive him his amount if we could get the rest—he gave me the addresses of Henry Owen and Medlicot—we wrote several letters to Owen, and got him to our shop, and got 1l. from him, and he took some more goods value 2l. he gave two cheques for 2l. and 3l.
Cross-examined by Robinson. None of the transactions were with me; they came under my notice afterwards—whatever my manager does I expect him to do it for me—you gave an address, but I think you changed that—this is Eton's order in Mr. Savile's writing, 9l. 5s. 9d. terms fourteen days—I cannot say whether the second order was brought by you, or whether the customer called and gave it to Savile—I should think Savile would ask you how much he could be trusted—I cannot say how Owen's order was given—you brought Owen to the shop, and the order he gave was to your credit—I believe you had the 1l. a week—you did not write every morning—I don't know when you were discharged—I told Savile to write and discharge you.
By the COURT. Not a single account has been paid.
Cross-examined by Eden. I never heard of you till Robinson introduced you—I have seen you, but I never had a word to say to you—I believe you gave a reference to one of those names we have lost money by—I went to see Mr. Wood, and he told me that he knew you a great many years, and transacted the transfer of a business with you, and that you were a respectable man, but Mr. Wood I found to be a returned convict—I believe after the first order you did all the business with my firm through Mr. Savage—I have no record of cash transactions—every transaction came under my notice individually or by letter.
Cross-examined by MR. BAYLISS. The first date I have of business done with Owen is on June 15; if any business was done prior to that it must have been for cash, which would not appear in the ledger—he paid for the first order; it amounted to 4l. 3s. 8d., and there was another transaction on 26th June to the amount of 6l. 5s., which he paid for—he still owes the 14l. 3s. 11d.—I wrote to Owen to the address Robinson gave me, and he came to me in Commercial Road—he asked for time for payment, and we made an arrangement—he paid two sums of about 2l. each for goods which he then bought, and promised to pay the 14l.—he still owes that—we have not done business with him since.
Cross-examined by MR. BEARD. I don't know what cash transactions Waters had with us—we do not record them if a man pays cash over the counter; it goes into the till, and there is an end of it—I am sure Waters has not paid as much as 50l. or 40l. in cash, if he had I should have known it—the amount of credit given to a customer would depend upon his shop and stock, and his position altogether—I did not examine Waters's stock, if I had he would never have had the goods—Robinson recommended him—Robinson's duty was not to collect debts, if he did it he would exceed his duty.
Re-examined. The first date I have recorded of Robinson's bringing orders is June, 1882—this letter of 3rd August is Mr. Savage's writing; it says, "Let it be the last of you"—he sent no orders after that—that letter refers to Wood—we got some money from Wood at last in half a dozen pieces, after Robinson had left—the 130l. does not include that—
here are two letters of Eden's in the name of Eaton, of 22nd July and 22nd August, in which he says he hoped to settle with me next week—he did not pay, he went away—these are Waters's orders of July, 1882—this is a letter of Waters's of November, 1882, saying he would pay next week—he did not pay a farthing—when Robinson was brought to my office in July, 1883, I mentioned to him the names of the customers that I said were delinquent, Eaton, Owen, Hawkins, Grey, Waters, Trent, Collins, and Coulson—I asked for all their addresses—he only gave me two at that particular moment, with a promise of more in a few days—he did not send us any more, he sent this letter, indicating the addresses of several others; it is not signed by him, but I can swear it is his writing—it only gives the address of one person, but it indicates if we went to that one we should find from him the addresses of others—it was after that that Owen came and spent the 5l.—he has never paid any of the old debt of 1882.
By the COURT. Robinson did not introduce any customer who paid their accounts properly; some we never got a farthing from—as to others we got it with great difficulty—not a single account was paid up with the exception of Wood's, and that we got peculiarly.
LEONARD FREDERICK BRUNNER . I am an importer of margerine butter—I advertised for a traveller; Johnson applied; I engaged him—he brought several orders, the first amount was 1l. 5s., from May—he said the usual trade credit was one month—I said I would not object to that if the persons were quite good—he said he would only introduce good people—I agreed to give him a penny in the pound of butter—I afterwards sent to May five cases, amounting to 6l. 5s.—I got a further order in writing for 10 more boxes—before executing that I went to May and asked to be paid for the five boxes—he said he always had credit for a month, and he wanted the same from me, and he would pay it all right—I asked him to give me references—he said "References are no good, any one can give a reference; I will pay you all right after a month"—after that I supplied him with five boxes—that made 12l. 10s. owing—on 19th May I got this letter enclosing a cheque for 6l. 5s. on the Cripplegate Bank—I have lost that cheque; I believed it to be a good one, and paid it in to my bankers—it was returned to me marked "Refer to drawer"—I told Johnson about it—he told me to go and see the manager of the bank, and ask him how much money stood to the credit of May, and if there was not enough to meet it to take it up and pay the difference—Johnson said he had done it before and got the money—I went with the cheque to the bank, and they would give me no information—I saw May after that at his place in Ridley Road, Dalston—Johnson was living there—I told May I was very much surprised that the cheque had been returned—he said "I was afraid it would not be paid"—I asked him to give me the amount or give me another cheque—he promised he would send me another cheque, a good one, the next day—at the end of the week I went down again, and the shop was closed and May had gone—on 30th May I addressed a letter to Johnson at the same place—this (produced) is a press copy of it—he had then removed to Kynaston Road—I never got any answer to that letter—on 1st May Johnson sent me an order for Wenman, of Manchester Area, Stratford, for five cases—I delivered the five cases to Wenman, of the value of 6l. 5s.—I called there five or six times—I did not see Wenman there, I saw his wife—on 12th June I got an acceptance
payable in seven days—I have lost it—I presented it when due—I did not get the money, Wenman was not in—I afterwards went there and he had gone—Johnson gave me an order to send one case to a man called Tibbs, of 49, John Street, Liverpool Road, which came to 1l. 5s.—that was paid for—the next order was for two cases at 2l. 10s.—they were paid for—the next order was five cases, and another for seven, amounting to 14l. 11s. 3d.—that was never paid—the last delivery was on 15th May—I went to John Street and saw Tibbs—I asked for my money, but never got it—I am told that Tibbs has been convicted—Johnson sent me an order to supply margerine to R. Porter, of 32, Tabard Street, Borough, amounting to 6l. 5s.—I went there, it was a small shop—I saw Porter—I told him my terms were cash—he said Johnson had agreed with him to pay every fortnight—he did not pay anything—I was selling the margerine at 10d. a pound, and Porter was marking it in his shop at half the price—before that I sold him five cases at 6l. 5s.—I got these two orders from Johnson, for H. Hart, 1 and 2, Haydon Road, Wimbledon, for one box at 10d. and another—I did not part with those goods, I was suspicious that Johnson was sending me orders from bad customers—I wrote this letter asking for cash—that letter was returned with this written on the back: "30th May, 1883,—If the box of margerine suits my trade then I will give you reference or cash; I will send on cash for the one received. S. Hart."—I was suspicious and did not send the box—on 4th May, 1883, I got this order from Johnson for a supply of five boxes of rolls at 10d. to G. Homden, of 36, Cambridge Villas, Devonshire Road—I wrote to Homden on 12th May and got this reply of 1st June asking to be supplied with one box—soon after that I went to that address; it was a very small shop, it was closed—I don't remember whether there was any name over the door, at any rate his name was not—I could not find Homden—I spoke to Johnson about it and told him I did not like the look of it—he told me not to execute the order, he had heard something about Homden, and I had better not execute the order—I had orders from Johnson for other places—I went and saw them and did not like the look of them—among them was two orders of 10th May from W. Farrington—I supplied those—I went there—he had a nice shop—I saw him and told him I came for the money—he said "You are just a few minutes too late; my boy has just gone to the bank for the money, there he is sitting on the tram," which was just passing by—he asked me to send three more cases and he would pay me for the lot together—I did send three more cases—that made 5l. altogether—the cases were 1l. 5s. each—I went again and saw him—I told him I wanted my money for the four boxes—he said he would return me one box and pay me for the others—he said one box was not broken yet and was downstairs in the basement—he never sent the box back, and never sent any money—I do not know what became of Farrington—I did not know anything of him at the time I allowed him to get the goods—I did not know that he had been connected with Hiscock—I did not know that he had been at this Court—I got an order from Johnson on the 3rd May for Mr. T. Corby, of Drury Lane, for five cases of fish rails, at 10d.—I sent him goods which came to 6l. 5s.—I got 5l. from him in cash on the 12th June—I had to go several times before he paid me—he said that Johnson allowed him 1l. 5s.—Johnson's first order was on 23rd April, and the last on the 10th or 12th of May—the
total amount of goods parted with on his orders was 97l. 1s. 3d.—all I got was 16l. 5s., including the 5l. from Corby—I always paid Johnson his commission—at the time I paid him I believed that the persons I have named, Hill and others, were proper traders—on the 29th May I got this order from Johnson for ten boxes for a Mr. Van Dam—I did not part with those—on the 4th May I wrote to Johnson, and he made an appointment to meet me at Broad Street Station—he did not keep that appointment—I got this post-card: "June 4th. I am very much engaged for the next few days, so cannot make an appointment. You know where to find the customers as well as I do"—I wanted to find out from him where the customers had gone—I wrote again after receiving that card, but got no reply—I went to 18, Kynaston Road—I did not find Johnson there, a servant came to the door and said he had gone out—I did not see him again—I have got none of the 81l.—Johnson sent me orders for 78l. worth of goods, which I did not execute.
Cross-examined by Johnson. Your commission was to be paid upon my receiving the money for the goods supplied—you were to take no responsibility for collecting the accounts—you advised me to subscribe to some Trade Protection Society, that was about three weeks afterwards—you were in my employ about a month altogether—I paid you 30s. commission altogether—I hold your receipt for 17s. 6d., not for the other 12s. 6d.—I gave you the 12s. 6d. because you wanted to go to the Derby—I knew you were lodging at May's, 5, Ridley Road—I wrote this letter to you after I had suspicion of you—the first order booked by me was, I think, 23rd April—it was about the 5th May that I got suspicion of your customers—I first saw May between the 23rd and 27th to April, very likely on the 26th—you introduced fifteen customers, whose orders we executed, among them were Mr. Hill, one box; R. May, one box; Tibbs, one box; Emery, one box; Shirley, one box; Davis, one box; they all paid—I supplied Kirby with five boxes, 6l. 5s., he paid me 5l.—I did not pay you any commission on his account—I took the bill of Wenman on the 12th June, payable in seven days—I wrote you this letter of 19th June, stating that Wenman had paid for ten cases, making an appointment to meet me in Broad street; that was only a hoax to catch you—I am not one of the firm of Zeeley and Co., I am acting for Zeeley on commission—he gave me an order for May, but I did not execute it—you introduced thirteen customers, nine of whom paid me small amounts, one paid in full.
Cross-examined by MR. FLEMING. May ordered 10 boxes on 16th May; I only sent five—he gave me a cheque for the first order; that was on the same bank as the other; that was duly honoured.
Re-examined. Hill's order was for one case, 1l. 5s.; that was paid—I had to sue for Shirley's 1l. 5s.—none of those persons were known to me until Johnson came into my service—Tibbs never paid for the coffee—I did not know him before Johnson introduced him.
THOMAS HENRY MITCHELL . I am a tea dealer—in April, 1883, I engaged Hiscock as traveller—he remained with us till 12th May in the same year—he first introduced W. C. Croft, that is Richard May, of 5, Ridley Road, Dalston, on 5th April—he said he had met May in a public-house, and he was a grocer doing a very fair business—I supplied May with goods to the value of 8l. 8s. 5d.—he did not pay me—I instructed my solicitor to take proceedings; they received their
letters back marked "Gone away"—I supplied goods on Hiscock'g introduction to John Shepherd; Porter, 32, Tabard Street; Price, of Silvertown; Henessey, of 17, High Street, Deptford, altogether to the value of 47l. 5s. 4d.—I have been paid nothing at all of that—this is a list of 13 other customers introduced by Hiscock, to whom I did not supply goods, among them is Robinson and Co., 13, Scarsdale Terrace, East Dulwich; Tibbs, John Street, Liverpool Road; Flower, London Tavern, Cable Street—after some of the accounts became due I spoke to Hiscock about this—he said he would try to obtain payment—he said he had been in the Khoosh Bitters Company—he said he would do his best to collect the money—he left on 12th May; on 30th May he called in answer to a letter—this (produced) is a list of customers, of some of whom I made inquiries, and to whom I did not supply goods—I told Hiscock that some of them seemed to be very bad people, and that I would not trust them—I received this letter from Price. (This said that the statement for 1l. 2s. had been received, and that he would be in the City in a few days and would call.)
Cross-examined by MR. BURNIE. Hiscock was not paid any salary, only commission—I did not make independent inquiries in every case; I did in some cases—Hiscock mostly saw Mr. Huggins, who is not here—the second order from May I believe May gave direct to the firm.
Cross-examined by MR. FLEMING. I never saw May myself nor any of the men—I never went to his place—I made inquiries about him through an office like Stubb's, and I got a satisfactory report.
Re-examined. Hiscock introduced nine customers to whom I sent goods amounting to 47l. 5s., of which nothing was paid—I have not had a halfpenny of any of the men Hiscock brought in—I would not send goods to 13 persons about some of whom I made inquiries—that was all the business during the six weeks he was there that he brought in.
EDWARD ROBERT HOLBERTON . I was manager of the Anglo-Indian Tea Company, Eastcheap, in May, 1883—Mr. Vance, the managing director, engaged Hiscock as traveller—he made no reference to Mr. Mitchell—he was to be paid by commission on orders executed—on 15th May he brought an order from Edward Pearce, 3, Market Place, North Woolwich Road, for 20l. 14s. 10d.; that was executed—there were orders through Hiscock from John Shepherd, Clapham, on the 15th, 17th, 18th, 23rd, 26th, and 30th; parcels dates upon those amounted to 22l. 0s. 6d.—there were other orders from Fletcher, 4l. 7s. 1d.; Clarke, 4l. 0s. 9d.; Henessey, 3l. 3s. 4d.; Wollard, 4l. 3s. 4d.; Clarence, of Windsor, and Fowler, of the Tower of London, Cable Street, 4l. 5s. 5d. and 1l. 13s. 4d., and Stevens, of Molesey; Hiscock described him as a restaurant keeper there—Stevens's orders were for 4l. 3s. 4d. and 4l. 5s. 5d.—I did not know that Mr. and Mrs. Stevens were gipsies, living in a caravan, until afterwards—on 28th May he brought me an order from H. Owen, 1, Keswick Terrace, Battersea, for 3l. 17s. 1d., and on 31st May from A. Sadlery 4l. 0s. 2d.; and subsequently orders amounting to 18l. 0s. 2d. up to 11th June—on 5th June Driscoll, 4l. 3s. 4d.—on 11th June Farrington, 8l. 6s. 8d., of 280, Deptford Road; Watts and Meers, 14l. 3s. 4d., and on 19th June Grey, the last customer he introduced, 9l. 2s. 1d., altogether there were twenty-three customers—the value of the goods supplied to them was 132l. 0s. 1d.—I got nothing at all—believed all these persons were respectable people and able to
pay for the goods—Hiscock told me they were all good men—other names were brought which I did not supply—all he said he was not sure of I took references for, and then did not supply—he did not suggest a reference with regard to Farrington—May first came on 13th April, before Hiscock was our traveller—he gave his address, Ridley Road, Dalston, and said he had been in the public-house line, and could sell tea if I would let him have it, and he would pay in a month—I allowed him to have goods on 13th, 19th, and 30th April, to the, amount of 35l. 16s. 8d.—I asked Hiscock about May after I found May was gone from Ridley Road, and I could get nothing from him—he did not seem to know him till I explained what sort of man he was; then he thought he had seen him, and would try to get the amount from him.
Cross-examined by MR. BURNIE. Mr. Vaneittart, in the same office, engaged Hiscock, but all this part of the business was done entirely with me—Mr. Vaneittart is in India—I don't know what he told him when he engaged him—we were just starting the company at that time—it was not important that trade should be shown to affect the shares—we were trying to get people to take shares in certain tea-gardens in which Mr. Vansittart was interested—I am sure Mr. vansittart did not tell Hiscock that it was important trade should be shown, and that he was not to be too particular.
Cross-examined by MR. BAYLISS. We applied for Owen's account and got no answer—I aid not go there and did not send any one—I did not see the person to whom the tea was sent—I don't know ii that was Henry Owen; it was to Keswick Terrace, Battersea.
Re-examined. Tibbs's order was before Hiscock came to me.
PHILIP CHARLES DAVIS . I am clerk to Mr. Vulliamy, 122, Newgate Street, estate agent—in August, 1883, we had a shop in the basement of 122, Newgate Street to let—Wells called about taking it—he agreed to pay the rent, 265l. a year, and took the premises till 24th June, 1886—before the agreement was entered into we discussed the matter—he said he had been a refreshment contractor, and gave us his address, 5, Lidcote Terrace, Melbourne Road, East Dulwich, of which he said Russell, Vicary, and Co., builders, of 4, Kirby Street, Hatton Garden, were the landlords—he gave as references Mr. Berriman, architect, and Messrs. Huntingdon, 5, Clifford's Inn, Fleet Street—I wrote to Huntingdon, and received this letter of August 27th. (This stated that Mr. Huntingdon was away, hut that he made it a rule never to give references)—I called on Berriman two or three times, but failed to see him, and did not apply to him afterwards—Wells called again—I told him the result of my application to the references, and asked for others—I afterwards received this letter signed by Wells, dated 1st Sept., 1883. (This gave as a reference Mr. Barnes, 5, Whittington Avenue, Leadenhall Market, E. C, and enclosed the card of Russell, Vicary, and Co.) (MR. BRITAIN stated that he had known Robinson 25 or 30 years, had been in his employment, and knew his handwriting, and that to the best of his belief the body of the letter just read was in Robinson's writing)—I then communicated with Barnes—I received this letter from Ruesell, Vicary, and Co. (This stated that Wells had rented premises from them for a considerable time, had been punctual in paying rent, and they should think was a desirable tenant)—I wrote to Barnes and received this letter. (This stated that he had known H. Wetls for some years, had always found him honourable, and had no doubt he would be found all that could be wished as a tenant)—Barnes gave
no private address; I did not know he was living at 5, Lidcote Terrace—I agreed to take Wells as tenant after receiving those answers—it was arranged he should pay 120l. for fixtures. (The agreement stated this was to be paid by two instalments, the fixtures to remain the landlord's property till all the money was paid, and it contained a schedule of fixtures)—I saw Wells sign that—I received this letter of 6th September from Wells to Mr. Vulliamy proposing Barnes as co-tenant with Wells—the signature of that is Welli's, but the body is in a different hand—we refused to let Barnes be oo-tenait as the agreement had been prepared—this letter was written at my dictation by Barnes; it is an undertaking by him to become security in default of Wells failing to comply with the agreement in any respect—amongst the fixtures were a refrigerator, a fountain cistern, and some gas burners—the premises were opened as a restaurant about 10th October, about a month or six weeks after he took possession—no name was painted up—the old name, Nuttall, remained on the facis—Wells and Barnes managed the premises—I saw Barnes there—in about three weeks I found a man in possession—I spoke to Wells about it—he said he agreed to advance some money on some buildings, and that was the cause of his having failed in his agreement—he gave a bill which he failed to meet—at his request I told the man in possession that the fixtures belonged to the landlord—after he had been served with an interpleader summons in the matter he withdrew—Wells told me after that he intended to sell the business; I objected to that—the 24th December was the last day the premises were open—I did not see much business done during the two and a half months they had it—on 24th December there was mouldy food in the windows—I had not seen the prisoner for some time previously—we had the lock picked—we had no notice of his intention to leave—before 24th December I saw about half a dozen circular tables and chairs and stools, similar to those in this photograph—when I took possession they were not there—I never received any rent—the refrigerator and gas fittings were not there—on 1st January, 1884, I wrote to Wells at Lidcote Terrace; the letter was returned through the dead-letter office, marked "Not known"—I found on the premises the notice of this dishonoured bill drawn on Dunn and Co.—after that I did not Bee Wells till he was in custody—I have never seen Barnes since.
Cross-examined by Wells. I do not know I told you the place had been a restaurant before and had done a remarkably good business before Mr. Nuttall had it—I would tell you anything if I was going to let the shop—it was in good repair, but wanted cleaning out—certainly nothing was removed from the premises after I took possession—there is a clause in the agreement that Nuttall should have a signboard in a conspicuous place on the premises during your tenancy, as he said he might require a part of them—I told you he might interfere with your business, and advised you not to let him.
Saturday, June 28th, 1884.
MR. BRITTAIN (Re-examined). This letter of August 27,1883, purporting to come from Russell, Vicary, and Co., to the best of my belief is not in Robinson's writing.
Cross-examined by Wells. I never saw you in my life till I saw you at the police-court.
FREDERICK DUNN . I am the proprietor of some revolving top tables of which I have a photograph—in October, 1888, Wells came to my business place, Brown's Buildings, St. Mary Axe, and said he was fitting up a place at 122, Newgate Street, to be called the Viaduct Restaurant—I agreed to sell him six tables at 4l. each less 10 per cent., making 21l. 12s.—I wanted cash, but he gave as a reason for not being able to pay cash, that he was at great expense in fitting up the place which he had taken at 320l., but that without doubt he would be able to meet a bill at three months—I got the bill—the tables were sent on 23rd October; this is the receipt "Mr. Wells p. Barnes," and on the same day I got this order purporting to be from Wells referring to the tables to be sent afterwards, and we delivered them—he had fetched the other three then—I got this receipt from Wells—the bill was returned accepted—it would be due on 27th Decemberr—I paid it away—it was returned unpaid—some one called from him for two more tables, which I never delivered—I don't think I saw Wells again—I next saw the tablet at Mr. Robertson's, a pawnbroker in the Blackfriars Road.
Cross-examined by Wells. I don't know the date you first called I don't think I took an order from you for some little time, being a stranger—I recognised you at Worship Street at once—I forwarded the bill to you with a receipted account, and received the bill back. (MR. DAVIS here stated that to the best of his belief the acceptance across the dishonoured bill was in Wells's writing.)
WILLIAM ROBERTSON . I am a pawnbroker, of 29, Blackfriars Road—on 22nd December four revolving tables were pawned at my shop for 4l. by two persons, of whom Robinson was one—they signed this agreement he was not the man that signed—Robinson said the other man, whose name was Wells, was about to sell his right in these thingt—I said "If Wells is going to sell to Robinson I prefer to hale the transaction with Wells"—Wells said he was going to take a restaurant in Newgate Street, and said the things he had were wanted to make up the balance of the deposit—I understood Wells to say he was a builder—an agreement was shown me, as to the transfer of the house, purporting to be signed by Wells and Robinson both, the body of the agreement is mine—I expect I put in the name Henry Wells, 122, Newgate Street. (This agreement stated, "I am possessed of four tables free of encumbrance." MR. DAVIS stated that the writing across the paper was Wells's.)
Cross-examined by Robinson. I do not recognise you as being the man who gave the name of Robinson—I will not say whether it was Wells or Robinson who signed the paper now, it was one of them—Wells was there.
WILLIAM JOHN PARMAN . I am a chair maker, of 233, Old Street, Hoxton—on 7th November last Wells called on me and said he was going to open a restaurant at 122, Newgate Street, I understood the next day—he said he had only that morning paid away 100l. and was very short—he selected some stools and chairs—I agreed to sell him 12 of the value of 4l. 12s. altogether—I asked for a reference—I think he gave me the name of Barnes in Lime Street—after he had selected the goods
he promised to pay 1l. on delivery and 1l. a week for the balance—I went to the place where he said I could find the reference, I forget where it was—I met Wells at the door of the restaurant—he said as he had given me this name he was wishful that the party should know I wag coming—he turned to the party behind the bar, whom I took to be the proprietress—she said he was not at home—I said "Will you tell me how long he will be?" mentioning the name he had given to me—she said she could not say, it might be an hour or more—I thought it was a genuine thing and said "That will do, I will send the goods"—I did so, this is a receipt for them "P.B. for H.W."—my porter received 1l. on delivery—I sent and went myself several times afterwards for money—I did not see Wells there at any time—I never received my money—this drawing shows what the chairs and stools were like.
Cross-examined by Wells. I am not certain as to the last date I called at Newgate Street, it was probably the third or fourth week in November—I can almost swear I have not been told that you called at my address—the chairs were sent on the 7th, I think.
CHARLES GOODARD . I am clerk to John Crawshaw, trading as Tebbutt and Co., Melton Mowbray, pie and sausage maker at Melton Mowbray—I got a letter on 6th December signed, H. Wells, manager of the Viaduct Restaurant, 122, Newgate Street—(This said: "Kindly furnish me with pork pies, &c.") In reply I asked for a reference, and on 10th December got this letter (Requesting that goods might be forwarded on Wednesday, 12th, and twice a week, and giving as a reference Mr. Danaford, Lonsdale Chambers, Chancery Lane)—I wrote to Mr. Danaford on 11th December, 1883, and on 12th December got this reply. (This stated that he had known Wells for some time and had no hesitation in saying he considered him safe for credit.)—after that I sent goods to Wells value 1l. 12s. 4d.—we got an order for goods amounting to 3l. 2s. 11d. on the 13th, but heard something in the mean time and did not part with our goods—we have never been paid—they were packed in a hamper bearing the name of Tebbutt and Co.
Cross-examined by Wells. We give one month's credit with our provisions—we sent off the first order on the 11th when the reference was applied for—I did not receive a reply to my letter asking for a reference till the goods were received.
Cross-examined by MR. METCALFE. I don't remember seeing at the police-court a letter written by Wells to Danaford—we did not wait for a reference before we sent the first lot of goods. (Well's letter to Danaford was here read. It said: "I have written to Messrs. Tebbutt and Co. and have taken the liberty of mentioning your name.")
ALFRED LABOUR . I am a carman in the employment of Mr. Holmes—on 24th December I was sent with a van to 122, Newgate Street, and got there at 6.30 a.m., when it was dark—I saw Wells, another man, and a woman there—Wells scolded me for being late and told me to load a refrigerator into the van—Wells's man and one of our man brought out a refrigerator, beds and bedding, chairs, stools, tables, like those in the pictures, about two dozen altogether, and a zinc tray—Well's young man told me to drive to Aldgate, where we met Wells, and we were told to go to Leyton, in Essex—I drove there; the young man showed me the house—we waited till Wells came—I said I was not going unload till I had the money for the removal, and
that I would take the goods back unless I was paid—I unloaded the goods into a loft over a stable.
Cross-examined by Wells. I saw you at Newgate Street on this morning, but did not recognise you then; you had the same coat on as when I saw you at Ald gate—a grey-whiskered man walked away from the house at Leyton when I got there—I did not say at the police-court that he was May—I charged 27s.; you paid me 25s.—some things were packed inside the cistern and some brass gas fittings were attached to it—I had a pair-horse van loaded, as much as they could draw—the ran was ordered in the name of Vicary—in 1882 I did work for Drew, a builder, and carted building materials to Ladywell and Lewisham—you were there—I moved some goods for you—I could not get the money from Drew or you.
HENRY WILLIAM GOODE . I am a tea dealer at 39, King William Street—in September, 1883, I got an order from Wells, 122, Newgate Street, which was not then open—my terms were one month's credit supposing the reference to be satisfactory—he sent as reference by letter Russell, vicary, and Co., 24, Kirby Street, Hatton Garden. (O. P. DAVIS here stated that to the best of his belief this letter was in Barnes's writing.) I went there the same day but could not see any one—on 25th September I sent tea to the value of 4l. 16s. 8d.—at the beginning of November I sent there; the place was not open and I could not find anything of Wells—about the end of October Robinson called on me and said he had seen a show card of our firm at Wells's shop about selling pure tea and he should like to try it; he was going to open a shop at Clapton—he gave an order, we asked for a reference, and he wrote on one of his billheads "Robinson, grocer, 10, Tyssen Place, Clapton. Mr. Danaford, 1 and 2, Lonsdale Chambers, Chancery Lane"—I believe he said he was going to open a shop at Tyssen Place—I supplied goods to the value of 3l. 18s. 8d. after I got this answer to my application for reference. (This was dated 1st November, Lonsdale Chambers, and stated that Danaford considered Robinson a straightforward business man, with whom he would have no hesitation in doing business on credit to the amount named.) The amount I had named was 5l. to 10l.—the goods were sent to 10, Tyssen Place—at the end of a month I applied there, for the money—he paid for the first lot and gave other orders; altogether he owes me 13l. 8s. 8d.—I cannot tell the date of the last order—I took out a County Court summons against him in January I think, but could never find him.
Cross-examined by Robinson. I think it was two more orders you had.
Cross-examined by MR. METCALFE. I believe the amount I mentioned in my letter to Danaford was 5l., and there was nothing about 10l. I believe—after Danafogfl's letter I trusted Robinson to 13l.
Cross-examined by Wells. My principal business is Oriental goods—Finch was my traveller six months ago; I believe he gave your order—I applied for a reference next day and sent to Mr. Vicary, but could not see any one—next day some one came from Vicary and gave the reference—he is not one of the prisoners.
HOWARD PERCY COBBINGTON . I am in Mr. Goode's employment—on 28th September I delivered some tea to Wells, of Newgate Street—he signed this delivery note in my presence—there was a notice up that the shop would open shortly—the tea waa never paid for—I called
several times for payment, but never saw Wells, and ultimately I found the place closed—May called at our shop and gave me this card: "R. May, late Holt, oil and general stores dealer," &c., "70, Monier Road, Clapham Park"—he gave this order with a reference on the back to Holt, of Limehouse—I wrote to him and received an answer saying that May was respectable, and that he had bought the shop of him—we made further inquiries through a mercantile association and declined to supply the goods—we had an order from Rowland, of Whittington Avenue, and supplied him with tea to the amount of 6l. 13s., which has never been paid—I called at Tyssen Place to see Robinson, and subsequently received a cheque from him in payment of the first order—on 13th November I received another order from him—I handed the goods to a man at Tyssen Place and he signed "Whiteley"—on 23rd November I sent some more tea which was signed for by Whiteley—Robinson now owes 13l. 8s. 8d.—I called twice at Tyssen Place to obtain payment, but did not see Robinson—the place was open—I saw Brittain once and Robinson's niece once, but none of the prisoners—Eden came to our premises in November, the day after Robinson had been I think, and gave me this: "5, Railway Street, Barnes. Bought of Thomas Eden and Son, established 1870. Restaurants and shops supplied"—I believed the business had been established there since 1870—he told me he was doing a very fair trade, and among; other places, with shops and several restaurants, and if I gave him a fair article he believed he could do a good trade with me—he gave an order, we made inquiries which were not satisfactory—I did not execute it—I once or twice afterwards saw Eden near our premises; he did not come in.
Cross-examined by Robinson. Your shop was open when I called—there was nothing much in it.
Cross-examined by Wells. I did not call at your place till after the credit was up—I never saw you—I called from 10 to 6 o'clock during November.
EDWIN VICARY . I was occupying the Bed Lion Yard, Holborn, after that ceased to be the old fire-station—Wells lodged there in two rooms at 11s. a week—on 27th August, 1883, the landlord distrained for rent—all my lodgers filed their claims under the Lodgers' Act, including Wells—I think they afterwards went away—I was not living there—I saw no building materials or work done by Wells in the two rooms—he has told me he has done business, that is all I know of what he did—this letter of 27th August, 1883, addressed to Mr. Vulliamy, is not my writing; if I had given any one authority to write it I should have signed it—I never give references—I always sign my business letters—this is not my signature; I do not know the writing—Goode and another asked me whether I thought Wells and Barnes were good enough for 10l.—I told him I did not know, but as far as I could say I should say no—I was never landlord of a house in Lidcote Terrace, I don't know such a place—I bought chairs and tables and different things of Wells when they were at Newgate Street, and I claimed from the Sheriff and they were given up to me two or three days after the interpleader was heard in November before Master Pollock; that would be 14th November—I said I should remove the things—Wells asked me to give him the keys, and he would sell the things and give me my money—I said he could do so, but if he did not pay me I should sell them—36l. odd he owed me—I don't know
how the things were taken to Leyton—I claim the property—I think Wells asked me if I would give him a reference; I did not like to—I do sot remember this letter of 25th August. (This asked what was known of Wells, as he had applied for the shop and basement at 265l. per annum)—I saw Wells the same evening a I received it and said, "You are living then somewhere up by the Crystal Palace?"—he said yes, he was doing business out that way and living there—I said somebody had applied for a reference for the place in Newgate Street—he asked me to have a glass of ale—I don't remember saying I was not landlord of Lidcote Terrace—I think I told him at the time I would not be his reference—I never wrote a letter.
Cross-examined by Wells. I knew a firm named Drew and Co., builders, in 1882—when you took my rooms you said you had been foreman to them and were a builder—I don't know what work you have done.
CHARLES HOUSEDON . I am in business at Clapton at a wholesale and retail tea-dealer—Robinton called in September and told me he was going to open a shop at 10, Tyssen Place, Clapton, and asked me to supply him with goods—I said I would for cash—he said he could not give cash, and gave me as reference a solicitor in Laurence Pountney Lane—I afterwards received this letter. (This gave as guarantee, Coxwell, Lawrence Pountney Lane, and Wells, builder, Red Lion Yard.)—I did not call or write to the solicitor; I told him the reference would not be good enough as I should want security—he then gave Danaford as security, 2, Lonsdale Chambers, accountant—I sent my assistant to Danaford and to Wells; he could not find Wells—Robinson said he had not been in business before—I received this answer from Danaford. (This guaranteed the payment of 20l. to the first order given by Robinson, but stated that he would not hold himself responsible for any subsequent order, although he believed Robinson to be a thorough business man.)—I received this letter from Wells. (Stating that Robinson had mentioned the matter to him, and that he had promised to secure him to the amount mentioned.)—after that I supplied goods to the value of 18l. 7s. 11d.; they were not paid for—I sent other goods to the value of 1l. 9s. 6d.—I have copies of the invoices—I supplied no more goods on credit—a man called for just a few orders and paid for them—I applied for money, I went myself—I did not see Robinson, I saw his niece—the shop was a small general one—there seemed no business carried on, that was why I supplied no more goods—my solicitor took proceedings—I had letters from Robinson promising to pay—I wrote to Danaford when Robinson failed to pay, and received this answer. (This stated that he had understood from Robmson that the matter was to be allowed to stand over till December, when he would have money coming from his late father's will.)—I received this letter from Robinson. (Stating that Danaford had promised to help him this week.)—I got no help from Danaford, Robinson, or Wells—I wrote to Wells—my solicitor put an execution in, but the Sheriffs were in for rent 10, Tyssen Place—I thought when I parted with my goods that Robin at was carrying on a genuine business, and that he wanted the good a to carry on trade.
Cross-examined by Robinson. You told me you expected some money from your father, and that the solicitors had the business in hand—I never told you the money should stand over till December—you saw me several times before the goods were delivered.
Cross-examined by MR. METCALFE. The guarantee from Danaford only related to the first order, the 20l.—I never saw Danaford in the matter, I never tried to—I do not know if he is in the employment of the Carlton Bank—Robinson said his father had been parish clerk at Over in Cambridgeshire.
C. P. Davis (Re-examined). Robinson's guarantee is in Wells's writing—to the best of my belief it is signed H. Wells.
CHARLES HOUSEDON (Re-examined by Wells). When Robinson failed to pay I wrote to you to say I should take proceedings to recover the money if they were not paid for—his man called for goods after that—I did not see him after that—I did not sue you—I wrote several times—any one coming to the shop for goods for cash would be served.
CHARLES FREDERICK GIBBONS . I am clerk to Johnson and Co., wholesale cheesemongers, 61, Charterhouse Street—at the beginning of October last Robinson called—he said he was opening a shop in Tyssen Place, Clapton, and wanted to know if we would trust him, say about 20l.; he brought a slip of newspaper, with an account of his father's death near Cambridge—he said he should be receiving money from his father's estate in a few days and he would settle the following week; he gave two references, Danaford, a solicitor, of Chancery Lane, and Coxwell, wine merchant, of Cannon Street, both of whom gave a satisfactory reply—after the receipt of those letters I supplied goods to the amount of 12l. 10s. 4d.—they were sent to 10, Tyssen Place; only one parcel of good was paid for—I believed the writing of Danaford and Coxwell as to Robinson was true, and that the business at Tyssen Place was that of an ordinary trader—we never had any money—I never saw Robinson after the 25th of October till he was in the dock at Worship Street—I did not know of his removal from Tyssen Place.
Cross-examined by MR. METCALFE. I did not communicate to Danaford the fact that I had not received the money.
JOHN TROTMAN . I am in the employ of Henry William Good, tea dealer, King William Street—on the 12th November Robinson called and ordered two chests of tea to the value of 9l. 15s., to be supplied to 10, Tyssen Place—hey were sent there—a person afterwards called with a card, and ordered goods in the name of Wenman, of Holloway Road; on the back of the card there was a reference to a person named Downton—we did not supply Wenman, the reference was not satisfactory—we sent some tea, but the man brought it back—I afterwards saw Wenman and had a conversation with him, and declined to allow the goods to go.
FREDERICK COTMAN . I live at Olney, Bucks—in December last I had some honey for sale which I advertised in the Bazaar, Exchange, and Mart—I received a letter from Robinson on this bill head, "J. Robinaon, tea dealer and provision merchant, 10, Tyssen Place. Please state what quantity of honey you have to dispose of and lowest price, say for one hundredweight or upwards"—I answered that, quoting the price and sending sample—I then received this order of the 7th December, amounting to 14l. 5s. 4d.—before sending it I wrote to Robinson for references—on the 12th December I received this reply: "I do not feel inclined to pay beforehand for what I have never even seen, and I think it unreasonable to expect it, neither do I wish a third party to have anything to do with my business transactions, therefore if these are the only terms
on which you trade you must please cancel my order. I may Say I am established here in business, and you are at liberty to make or cause to be made any inquiry respecting me before sending the goods. I do not think it likely I shall run away from my living for the amount of 14l. Of 15l."—upon that I made what inquiries I could respecting him, and I agreed to take a bill for the amount, and sent the goods—it was not paid, I have never got the money—I received this letter from Eden on the 18th of January last asking for prices and samples, which I sent, and got this order on the 25th of January—I did not send the goods; I wrote for references and got no answer—I found afterwards that he was in custody.
Cross-examined by Robinson. I did not know that Eden's order came through you, but I thought so—you offered to give a bill; I kept it a few days before returning it—half of the honey was delivered to you from our London house—I did not receive any letter from you requesting a renewal of the bill.
LAMBERT JAMES PELRCE . I am a farmer in Wiltshire—in October last I advertised some apples for sale in the Basaar, Exchange, and Mart—on 29th October I received this letter from Robinson, of Tyssen Place, asking for a sample—I sent one, and offered to supply ten barrels at 10s. each—I received an answer ordering nine more barrels—I wrote asking where to send the apples, and for a cheque, and on 13th. November I received this reply. (This was almost identical with the one sent to Mr. Cotman.)—upon that I sent the apples, they came to 5l.—I did not receive any payment, not even for the sample barrel—I wrote for the money but received no answer—I called at Robinson's in January, and saw the witness Brittain—I believed that Robinson wanted the goods in the ordinary way of trade.
Cross-examined by Robinson. When I called I saw no apples, nothing but about a quarter of a pound of cheese and a few empty barrels.
BENJAMIN CHARLES HEATH . I lived at Harwood Farm, near Newbury—I advertised potatoes for sale in the Newbury weekly newspaper—on the 10th December I received this letter from Robinson—I replied, giving the prices, and on the 13th I got this order—I replied that on the receipt of a remittance or a banker's reference I would forward, and on the 18th I got this letter. (In similar terms to the two last.)—I then sent potatoes to the value of 12l. 10s. to Paddington Station for Robinson of 10, Tyssen Place—about the 26th December I sent an invoice, and on the 29th I got this: "The potatoes are duly to hand, I will return the sacks and write you in the course of a week"—in a few days I wrote again but got no answer—I never got my sacks or the money, twenty-six of the sacks were marked "Newbury."
THOMAS HEWITT . I am an agent at Long Buckley, near Rugby—in November, 1883, I advertised potatoes for sale in the Exchange and Mart—on 10th November I got this letter from Robinson, of 10, Tyssen Place—I sent a sample box, and on 14th November I received this order—I replied, asking for a deposit, and on 27th received this letter. (At before)—after that I sent the goods—I was never paid—I received these several other letters—in one he sent a further order and an acceptance, which I declined—I did not get back my sacks—I called at Tyssen Place, and saw Brittain there, just after Christmas—there was, nothing doing—I
believed that he was doing a genuine business and wanted the goods in the ordinary way of trade—he owed me 8l. 15s
Cross-examined by Robinson. You sent me a bill for four tons; I wrote asking you to make it payable through a banker's—you replied that you had no banking account and could not do it—I don't know when you were taken into custody.
GEORGE OSBORNE . I live at Southborough, near Tunbridge Wells—is December I advertised apples for sale in the Kentish papers—on 5th December I got this letter from Robinson, asking for prices—I replied, and got another letter asking for a sample barrel—I sent it, and on 27th got this order for nine barrels, which I sent, value 4l. 10s.—on 3rd January, 1884, I got this acknowledgment, stating, "I will remit your account in a week or 10 days"—I never heard any more of him after that; I never got my money—I believed he was carrying on business as an ordinary trader.
JONATHAN HURST . I live at 72, Humber Street, Hull, and am a potato merchant—on 12th January I got a letter from Robinson on a bill-head, which I have lost, asking the price of potatoes—I replied, and then received this letter of 15th January, written on a similar bill-head to the one I have lost. (This was an order for two tons of Magnums and four othsn.) On 17th January I got this letter. (As before)—upon that I sent the potatoes in 67 sacks, value 14l. 15s. 6d.—I wrote several times, but received no answers, or any money—the sacks were not returned—27 of them bore my name.
GEORGE FREEMAN . I am an auctioneer at Thirsk—I advertised some Yorkshire hams for sale in the Leeds Mercury—I received a letter of 4th December from Robinson, of Tyssen Place, with a card, asking particulars—I replied on the 6th, and on the 7th received this letter, ordering 20 hams—I asked for a reference, and received this reply of 12th Dec. (As before)—upon that I sent the goods—I received a letter signed "J Robinson," enclosing an acceptance—I then received a letter ordering more hams and some pork—I made inquiries, and declined to execute that order—the value of the goods I sent was 21l. 11s. 7d.—I was never paid—the acceptance was payable at Robinson's place, it was presented by a friend, but Robinson could never be found there—when I supplied the hams I believed they were wanted to be dealt with in the ordinary course of trade, I believed that Robinson was carrying on a bond fids business—I received this letter of 4th January, signed "Eden," from "5, Railway Street, Barnes, established 1870," ordering 20 hams—I refused to execute that order—he sent a blank acceptance, which I returned—on 8th January I received this letter, signed Alfred Brown, late Osborn, 76, Mansfield Place, Gospel Oak," inquiring the price of the hams—I afterwards received this order for 20 hams—I made inquiries, and declined to execute the order—on 10th January I received this letter from "R. May, 70, Monier Road," asking the lowest price and weight—I don't think I received an order from him; I don't think I answered the letter—I only put two advertisements in the Leeds Mercury.
ROBERT WALTER BACON . During last year I knew White—I know his handwriting—these letters to Mr. cotman and this acceptance are in White's handwriting, also those to Hewitt, Heath, and Hurst—they are all signed "J. Robinson"—those to Mr. Beeman and Mr. Pearce are Robinson's—the body of the letters from Vickery and Co. to Mr.
Vulliamy are very much like Eden's, but I should not like to swear positively to that.
ALFRED NOLD . I am a baker—I formerly lived at Stoke Newington—I was owner of the premises 10, Tyssen Place—in September they were to let—Robinson and Johnson applied for them; they came together—they came again—I told them the rent was 36l. a year—Robinson said he wanted it for a general shop, a grocer's and cheesemonger's, a kind of chandler's shop—he said he had kept a shop in the same line at Dulwich—he gave me his name and address on this paper, "J. Robinson, 3, Scarsdale Road, East Dulwich," and the references "Philip Barnes, 5, Lidoot Terrace,; and Mr. Wells, builder, Red Lion Yard, Holborn"—I caused those persons to be written to. (The reply from Wette was: "I should let a shop of my own to Robinson, and you probably would be right in doing so." From Barnes: "I should not object to let him a shop at the rent named. I always found him a thoroughly persevering and industrious man.") On the faith of those I let Robinson the premises, and he signed this agreement—he took possession the first week in Sept., some furniture afterwards went in—no name was put over the door—the shop was opened, but they did not do any business—the Christmas rent was not paid; I put in a distress—the new furniture that had been put in was taken away the day before the distress—the property I found there was only worth about 3l. 15s—there were some cases, barrels, and tubs, all empty.
Cross-examined by Robinson. You and Johnson came together the first time—Johnson did not ask anything about the shop—I did not speak to him; the business was with you—it was the superior landlord who distrained.
Cross-examined by Johnson. I did not mention your name at Worship Street, because I was not asked—I won't swear positively that it was on the first occasion you came with Robinson—it might have been on the second, but you did come with him—you had nothing to do with the premises.
C. P. DAVIS (Re-examined). The reference given to Mr. Nold is Wells's writing.
WILLIAM JOHN GRAHAM . I am a solicitor, of 14, Bedford Bow—in October last I had the letting of 2, Prince's Terrace, Waltham Cross—Robinson called, and brought this card—he Rave the names and addresses of persons as his references to his respectability, and I wrote them on the back of the card; they are: "B. L. Vandam, 41, Bishopsgate Street Within; and Danaford, Lonsdale Chambers, Chancery Lane; and Owen—he said he was paying 85l. a year for a shop in Tyssen Place, Clapton—he had a horse and trap outside, which he said was his—he said he would go and look over the premises again—the rent was to be 25l. a year—I wrote to Owen and Vandam—I received answers; Danaford's office being so near I called there; he was but—Robinson called on me on 6th November, and signed this agreement in my presence—he took over the stock and fittings of a former tenant, for which he gave a bill of exchange and a cheque for 1l. (The bill teas for 22l. 15s. 6d. on Thomas Eden at three months, accepted by Eden.) Robinson said he had known Mr. Eden some years, that he had had large business transactions with him, and it was a trade bill—the shop was opened about a month afterwards—I met Robinson at the premises before I gave him possession—I desired
to have the premises opened—I received letters from him making excuses why he had not opened—when the time came for the bill to be due I wrote advising him of it, and I also wrote to Eden—I received this letter from Eden on 15th December, 1883: "As I have to be in London early one morning, I will call upon you. I know nothing of the acceptance." Eden did call on me a day or two afterwards, and I showed him the acceptance; he said he had never signed it, or authorised it; he had never seen it before, and knew nothing of it—I told him to sit down and write his signature, and he wrote these two signatures in my presence—I endeavoured to see Robinson—I wrote to him two or three times, telling him what Eden had said, and telling him to call at once—he came with the witness Bacon, and in Bacon's presence I told Robinson what had taken place at the interview with Eden, when he declared that the signature was a forgery—Robin eon said it was Eden's signature, and that the bill was his—I forget whether he said that he saw Eden sign it, but he said it was Eden's signature—I asked him how he would pay the 15l. for the fixtures—he said he would pay me on Monday. (This was on Friday or Saturday.)—I got no money—I signed judgment and issued execution—Elizabeth Smith claimed everything at Waltham cross under an agreement—I took out an interpleader summons, and her claim was barred, and the goods were subsequently sold by the Sheriff—the stock, fittings, and everything were sold for 14l. 5s., and the Sheriff handed the key to me the day after—there was no rent actually due-till 25th March, and the sale took place before that; in consequence of Eden's repudiation of the signature I sued both Eden and Robinson, acceptor and drawer—I did not succeed in serving Eden till he got to the police-court.
Cross-examined by Robinson. I am sure you were driving the first day I saw you.
Monday, June 30th, 1884.
WILLIAM JOHN HILL . I live at New Cross—I called at Tyssen Place, and saw Robinson once about opening a shop—I presented this bill at Eden's shop, but didn't see him—I had instructions to serve both Robinson and Eden with writs—I called to see Robinson at Tyssen Place about five or six times, but could never see him—I called at Waltham Cross once, and at Eden's three or four times, but could not see him.
Cross-examined by Eden. I was told that you were away, and once that you had come to London.
WILLIAM GEORGE WOOD . I am employed by Mr. Driver, a scale maker, of Bishopsgate Street—about September last Robinson called and said that he was about opening a shop at Clapton, and wanted some fittings for it—he pointed out the articles that he wanted, and said he wanted credit—I told him I must consult my employer, and to call again—he subsequently saw Mr. Driver, and the goods were supplied to him—they were cannisters, coffee boxes, butter blocks, &c, to the value of about 10l.—these two bills of exchange (produced) were afterwards given by Robinson—I presented the last one; they are both dated 29th September, 1883, one for 5l. at one month, and the other for 4l. 11s. 1d. at two months, accepted and payable as addressed by John Robinson, 10, Tyssen Place, Clapton—I did not see him when I presented the last bill; I saw a girl—whilst these bills were running
Eden called at our place—I saw him and Robinson together there on one occasion—I had nothing to do with the reference that Eden gave; that was done by Mr. Driver—I know that the goods were not delivered to Eden because the reference was not satisfactory—he had selected some goods.
Cross-examined by Eden. You wrote first, and then called with Robinson—that was not the first time I heard of you; the first thing was by letter.
FREDERICK EASTHAM . I am clerk in the service of the Great Western Railway at Paddington—on 21st December thirty-nine sacks of potatoes arrived there consigned from Heath, of Newbury, to J. Robinson, of Tyssen Place, Clapton—on 22nd December a man brought this order from Robinson, paid the carriage, and I gave him this delivery note—he had Seager's van.
JOHN POUNCEY . I am a clerk in the Great Northern Company's service at King's Cross—on 21st June sixty-seven sacks of potato arrived there consigned by Hurst, of Hull, to George Bobinson, Tyssen Plaoe, Clapton—I sent an advice note, which was returned to me with an order for the delivery, signed J. Robinson—on 22nd January some one came and paid the carriage, produced the order, and received the sixty-seven sacks of potatoes.
ROBERT CHRISTOPHER FRAMPTON . I live at 164, Church Street, Stoke Newington—I was manager to Mr. Ablett, an auctioneer—early in September last we had premises to let, 39, Green Lanes; a Mr. Fiddea had taken the place, but never opened it and paid no rent—Robinson agreed to take these premises at 100l. a year upon a three years' agreement—he gave his address, 3, Scarsdale Terrace, Dulwich, and wrote down these two names as references: Mr. Suter, carpenter, 5, Long's Court, Leicester Square, and Mr. Coxwell, solicitor, 12, Lawrence Pountney Lane, Cannon Street—I applied to these two persons—Suter told me that he had been employed by Robinson to fit up some premises before—on 5th September Robinson signed this agreement, and took possession of the premises, but he never opened the shop or fitted it up—I saw him in and out of the shop from time to time—I saw Johnson the day Robinson took possession of the shop; he was in at the Royal Oak, two or three doors off, the day Robinson signed the agreement—Robinson said that Johnson was a friend of his—I saw a cart outside on that day—there were no goods in it—Mrs. Johnson was in it—Johnson said the cart was his—no rent was paid.
Cross-examined by Johnson. It was not through you that I let the premises to Robinson—that was the only time I saw you—I was with you in the Royal Oak, and we had some refreshment together.
JOHN CASELY MILMAN . I am a dairyman at Ilfracombe, Devon—I came up to the Dairy Show in London in 1883, and left some of my cards there—on the 16th of October I got this letter from Robinson and Co., 39, Green Lanes, Stoke Newington. (Read: "Dear Sir,—Your card was handed to me at the Dairy Show. I will thank you to send us one dozen cream cheeses, also one dozen selected cream. We shall be glad to know if you can supply fresh butter and pork. Signed, J.
Robinson"—on 10th October I sent off a small parcel of butter and cream value 1l. 4s. 7d.—I then got this letter of 12th October ordering half a dozen cream-cheeses and 50 lbs. of butter, signed "J. Robinson and Co., M.A."—on the 17th I sent goods to the amount of 5l. 0s. 3 1/2 d.—I then wrote asking for cash—I got this post-card of 17th October asking what quantity of pork I could send that week—I afterwards received this letter stating "I shall be glad of 50 lbs. of butter and three porkers. We like all accounts made up at the end of each month"—at the back of the letter there was a reference to Mr. Danaford—a gentleman I was acquainted with was at my place at the time, and I gave him the address to make inquiries—I parted with no more goods—I received this letter of October 29th from Robinson, stating that he would remit in a few days—I got no money—on 10th October I received this letter from Eden: "Your card having been handed to me at the Dairy Show I shall be glad to know what produce you can supply; send me a pair of ducks and chicken with samples of butter"—I sent off goods to the amount of 1l. 7s. 5d.—I then got this letter from Eden, dated 13th October, ordering more goods—I then sent butter to the amount of 3l. 3s. on the 13th, and more butter and poultry amounting to 2l. 5s. on the 19th—I then received this letter from Eden of 20th October, ordering more butter and poultry—I sent butter to the value of 2l. 3s.—on the 23rd I received this letter ordering geese, fowls, and ducks—that was the last parcel I sent—I wrote for cash, and on 30th October I got this letter, stating, "I pay all my accounts on the 15th of every month, and on that day I will settle yours"—on 19th November I received this letter stating, "I have been put off a large amount for a few days, but you may depend upon the amount as early as possible"—that was the last letter I had from him—I didn't get any money—he owes me between 8l., and 9l.—a person named Wemnan, of 27, Holloway Road, wrote me a letter about the same time, and I sent him about two and a half pounds of butter—I can't find his letter—he also spoke of getting my card from the Dairy Show—I then got a letter with a much larger order, but I didn't supply any—I broke off the heading of the last letter and asked the gentleman to call on both the parties, and he wrote me a letter stating that I had better keep my goods at home—Eden proposed in his letter to send me some tea, but I did not buy any of him.
Cross-examined by Eden. I did not agree to supply you monthly—I stopped your credit because you didn't send any cash according to your promise—I sent a man to get my account from you—he didn't tell me that you offered him a part of the amount, and that he said he had come for a settlement and a settlement he would have.
Cross-examined by MR. BAYLISS. Danaford's name was given to me as a reference on the card—I didn't write to him or make any application.
MR. BRUNNER (Re-examined). To the best of my belief these three letters signed J. Robinson to Mr. Milman are in Johnson's writing.
WALTER WILLIAM EDMEAD . I live at 52, Undine Road, East Dulwich—in consequence of a letter received from Mr. Milman I went to 39, Green Lanes, Stoke Newington, in October last—I saw Robinson there—I told him I was son-in-law of Mr. Milman of Ilfracombe, and asked for a settlement of his account—he asked me to call on the following Tuesday—I saw some tins of cream in the shop, they had turned sour and were unfit for use—I saw no other things in the shop—I spoke to Robinaon
about the tins of cream being stale—he said he thought they would keep a week—he said he had ordered the fixtures for the shop, but they had not been sent, and that was the reason of business not going on—I called two or three times afterwards, but was not able to get the money—the last time I called I was told he had left—about the first week in November I called at 5, Railway Street, Barnes, and saw Eden—I told him I was the son-in-law of Mr. Milman at Ilfracombe, and that I had called for the account—he said he had a certain day for settling his accounts—I called five or six times—I cannot say whether I saw him again; I believe I did, and I fancy he said that he would forward the amount to Mr. Milman as soon as possible—on the 27th I called in the Holloway Road and asked for Mr. Wenman—a woman answered the door, and I gave her a message—while I was speaking to her Wenman came out—he was very angry because I made a mistake; I thought he owed my father-in-law more than 5s., I was confusing him with some of the other men—he blew me up and was going to punch my coachman's head—when I found it was only a small amount I apologised to him, and he forwarded the 5s.—I don't think the shutters of the shop were down; the door was open.
Cross-examined by Robinson. I told you who I was—I did not render an account, I did not know the amount—I told you I had been to Stoke Newington Police-station, and that I had got a cab outside and was going to have the money or the goods—you said you should write to Mr. Milman about my conduct.
Cross-examined by Eden. I made inquiries about you in the neighbourhood—you did not offer to pay me part of the amount, or I should have taken it—I was excited.
ARTHUR LEWIS BROWN . I am clerk to Mr. Muller, agent to the Swiss Dairy Company, Limited—we have a condensed milk known as the "Baby brand"—I received this letter of 6th October from Robinson, of 10, Tyssen Place, ordering 4 dozen tins to the value of 5l. 10s.—I sent them with an invoice—the terms were cash on delivery—on 10th October I received this letter signed "Thomas Wenman, F.O.," from 27, Holloway Road, Highbury, ordering 10 cases of milk," Baby brand"—(MR. BRIMMER Proved these two letters to be in Johnson's writing)—the parcel sent to Wenman's amounted to 7l.—I called there within a month after, and the shop was closed—I went into the shop and saw a woman there, and I recognised some of my "Baby brand" milk in the shop and some butter—on the same 10th October I received this letter from Robinson, of 89, Green Lanes, ordering 10 cases of condensed milk, "Baby brand"—I sent them—the value was 11l.—I went there the same day I went to Wenman's—I found the shop closed—on 11th October I got this card from Thomas Eden, 5, Railway Street, Barnes, ordering five cases of milk—I sent the goods there to the value of 5l. 10s.—I sent an invoice by post—the terms were cash—on 17th October Eden called at my office in Abchuroh Lane and wanted 10 more oases of milk by Saturday—he said he was going to open the shop on Saturday, and wanted to make a good show—he also wanted some handbills to accompany the case—he said he visited hotels to sell goods, and had done business in that way—I sent the goods—he said I should receive payment in a few days—he had 15 cases in all—I afterwards put the matter in the hands of some one for collection—on 31st October I received this letter stating that he
had bought the goods on a month's credit, and that he paid his bills on the 15th of each month—it is not true that he bought at a month's credit; he had an invoice that showed that it was a cash transaction—I never received a farthing from him—a letter was written to him, of which this is a copy, demanding payment, and I got this letter from him on the 24th, stating that he would settle my account within a few days—I called at 5, Railway Street, Barnes, but never got any money, and I saw nothing more of him till he was in custody—I believe that was the last letter I had from him, but I would not say for certain—on the 20th I got a letter from R. White, of Columbia Market, ordering cases to the value of 11l.—I sent them with the invoice, showing that my terms were cash—some time in November, or the end of October, I called at Columbia Market about the same time that I called at Wenman's—I inquired for Mr. E. White, but could not find him—about 16th October May came to me in Abchurch Lane; he left this post-card, ordering 48 tins at 22s. for R. May, 162, Maryland Road, Stratford—he subsequently paid by this cheque, and ordered five more cases, which I sent on the 16th—I then got an order from him for 20 cases, containing 100 dozen tins, value 27l. 10s.—I went to his place afterwards to try and get payment, and the shop was shut up—I inquired at various shopkeepers about there, but they did not know where he had gone—I got no money from May, only the 22s.—on the 12th October I got this document from "A. Browne, cheesmonger, pork butcher, and poultry dealer, 76, Mansfield Road, Gospel Oak," ordering five cases of milk, "Baby brand," value 5l. 10s.—I sent them with an invoice showing my terms were cash—I subsequently went to the shop and saw a young female; I didn't see A. Browne there—I got no money—I left a card, and she said he would settle in a few days—besides these orders I received some from J. Harris, of Gravel Lane, on 16th October; from Saunders, of Nunhead, on 17th; from Williams, of Cambridge Road, on 18th; from E. Price, of Leyton, on 19th—also from Booth, of Sherton—I executed those orders and received no payment—Price's order was for 11l.; he received the goods but never paid.
Cross-examined by MR. HOPKINS. Our company began business in England in June; it has been getting on very well—White's order was only for ten cases; that was nothing out of the way; I have lost the order—I sent the ten cases by the London Parcels Delivery Company—I have an entry of it in my book—I went to Columbia Market to see White within six weeks after his order—I found no trace of such a man; I made every inquiry; he might have been there under a different name—the matter was given into the hands of a solicitor to try and get the money.
Cross-examined by Eden. In have no reason to suppose that your order was given in consequence of my having supplied any one else—it is a new brand of milk, unsweetened—it was exhibited at the last Dairy Show and was advertised in other ways—I didn't supply you in consequence of the words "Established in 1870"—you said you had received two or three complaints about the milk.
Cross-examined by MR. FLEMING. I made inquiries about May at Perry's, of Bush Lane—we didn't get a particularly satisfactory answer, but we supplied the goods after that.
Cross-examined by Browne. I didn't receive a letter from you asking us
to take the milk back within a fortnight—a statement was sent you within a week of your having the invoice.
Cross-examined by Wells. I didn't do business personally with Price; I never saw him—I never heard your name in connection with him.
Re-examined. I parted with my goods believing these persons Wore conducting trade in the ordinary way.
HICHARD LANE . I trade in partnership with Mr. Ager as Freestone and Son, tea dealers, of 2, Devonshire Square, Bishopsgate—in October last Robinson called on me, left a card, and said something to the effect that he was doing a nice trade with coffee-houses, and that if we liked to pay him commission he would bring us customers—I did not agree to do so; I don't know whether my partner did—he selected goods to the value of 6l. 15s.—I think he was to pay cash for the first order when he sent his cart for them—on 24th White brought the cart and took the goods away—on 12th November he ordered other goods to the value of 9l., and on 16th November White brought this letter with the money for the first parcel—the second order came by post from Robinson on 21st November. (This was headed "J. Robinson, Tyssen Place, Dairy fed pork and poultry." and requesting that 80 lbs. of tea should be ready for his cart on Friday morning.) On 23rd White called with the cart and took goods away to the amount of 13l. 7s. 4d.—I called several times at Tyseen Place for payment—I never saw anything of Robinson; I received this letter from him. (Dated 10th December, expressing sorrow and promising to send a messenger in a few days.) No messenger came—on 29th October I received this letter from Eden. (This was headed "Railway Street, Barnes. Bought of Thomas Eden, provision merchant and tea dealer. Established 1870," and stated that Mr. Robinson, of Clapton, had recommended him to them for tea, and requesting that two and a half chests of tea at 1s. 4d. and two ditto at 1s. 8d. might be forwarded.) I supplied the goods believing his shop was established in 1870, and that he was carrying on a genuine business at Barnes—that order amounted to 3l. 6s. 8d.—on 6th November I received this letter. (Ordering one chest at 1s. 8d.) He called on me and told me he was doing a good business at Barnes—I offered to give him further credit for a month—on the 8th I let him have tea to the amount of 3l. 6s. 8d.—on 19th November he ordered more by letter to the amount of 6l.—at the end of the month, not getting my cash, I called at his shop two or three times, but never saw him—the total amount I supplied him with was 18l.—he never paid—about the same time Hiscock called on me, presenting one of Robinson's cards, and saying that Robinson had sent him to us, thinking we might want a traveller, or that there might be a chance of his getting a place there—he said he had done business with the Khoosh bitter., he said if We would give him work he could get a very good connection amongst publicans, and he gave a reference to Oram, of Amhurst Road, to whom I wrote and got a satisfactory answer—I subsequently engaged Hiscock as traveller at 10s. a week expenses, and commission—he introduced customers from 10th October to 3rd January, 1884—on 7th November he brought an order from Wenman, to whom I supplied goods value 11l. 6s. 8d.—on 16th November I received a further order from Wenman direct, and sent goods, with a delivery order, to the amount of 6l. 14s. 4 1/2 d—Hiscock told me he had known Wenman and his mother some time, he was going to open a new shop—Wenman did not pay—
there was a meeting of his creditors—the same solicitor appeared for Wenman, Johnson, and White, at the police-court—there was no estate—Hiscock introduced Mr. Cowley—I received an order through Hiscock from Johnson for two and a half chests of tea, amounting to 6l.—I supplied it and other goods to the amount of 3l. 13s. 4d., to 12, Market Place, St. Ann's Road, Stamford Hill—I did not see the shop, and cannot say it was open—the total of Johnson's orders was 9l. 13s. 4d.—the value of goods supplied to Hiscock's customers during two months was from 130l. to 140l. altogether—he had about 12l. commission on those—I supplied goods through Hiscock to Wells, under the title of Barnes and Co., 122, Newgate Street, to the amount of 3l. 13s. 4d.—Hiscock told me they were doing a good trade and were safe people—I went to 122, Newgate Street—the place was shut up—I never got any money—I supplied goods to Browne through Hiscock on 14th December, of the value of 5l. 16s. 8d—Hiscock gave a good account of Browne as far as I can remember—I Supplied goods also to Waters on Hiscock's introduction value 9l. 10s.—I also supplied Owen with goods through Robinson's introduction I think—I received this letter, and sent goods to that address. (INSPECTOR GLASS here stated that to the best of his belief this letter was in Owen's writing. The letter was from Smith and Owen, Tooting, and stated that having met Mr. Robinson, of Clapton, who had spoken about their tea, if they liked they might send half a chest of teat and was signed "H. Owen") I also supplied goods to May on 29th November, to the amount of 8l. 15s. 10d., to the shop in Monier Road.
Cross-examined by Robinson. I won't be certain that Hiscock called before I saw you.
Cross-examined by Eden. I believe I said to you that our terms were one month, and sometimes two months—you did not refuse to have the tea sent.
Cross-examined by Johnson. The terms were one month—I won't swear I did not say two months before the Magistrate—I never went to your business place.
Cross-examined by MR. FOOKS. There is no Freestone in our firm—we took the name from the people who preceded us—I have been 12 months in the business—no proceedings have been taken with regard to our liquidation—we chiefly engaged Hiscock from Oram's letter, before receiving which I had written to Oram. (Oram's letter stated that he had the highest opinion of Hiscock's abilities as a traveller.) I think his salary and commission came to about 12l. from November to December—we Supplied Wenman's second order before the first was paid for, it was so shortly after—I don't think May was introduced to me through Hiscock—most of the orders came to me—I don't remember making inquiries myself about the 20 customers Hiscock brought.
Cross-examined by MR. FULTON. I never saw Owen personally—his only transaction was 5l. 6s. 8d.
Cross-examined by MR. BEARD. Waters's orders were through Hisoock—I don't remember if by letter or verbally—they were on 20th and 29th November—he has paid nothing, neither before nor after his arrest.
Cross-examined by MR. FLEMING. May ordered the tea personally, and I think it was sent on the strength of his representations—I don't remember whether he gave a reference.
Cross-examined by Wells. I supplied you goods on 14th November—
the order was through Hiscook—I had no order from Barned—I never saw you or any one at your place—I don't think I ever saw you before—I went myself to apply for payment—I cannot give the date.
Re-examined. Hiscock's earliest order was 6th November, and the goods went on 3rd January—the amounts are Robinson, 13l. 7s. 4d.; Eden, 18l.; Wenman, 11l. 6s. 8d.; Wells, 3l. 13s. 4d.; Johnson, 9l. 13s. 4d.,; May, 8l.; Owen, 5l. 4s. 7d.; Waters, 10l.; Brown, 5l. 16s. 8d., making altogether over 85l., of which I have had nothing—I paid Hiscock commission on account of those orders as if they had been good ones—he brought orders to the amount of 130l., of which 6l. was the total collected—he never came back to settle accounts.
Cross-examined by Robinson. I called on you one evening, and left some samples—I did not know your name then—I engaged Hiscock through his reference—I think you said something after Eden had had the goods about not making yourself responsible for him—I did not afterwards tell you that I exonerated you from any blame as regards Eden.
Cross-examined by Eden. You said you understood from Mr. Robinson that the terms would be three months; that you were quite willing and able to pay at a month.
Cross-examined by Johnson. I called at your place at Stamford Hill once or twice—Hiscock supplied you with the tea at two months, and I called on you after that about the money—I don't know if the goods were delivered on 5th January, and if I called on 21st—I called after your letter—I left a message with your wife when I called, that if you wanted tea we should be glad to submit samples, and to write for anything you wanted—that was after I had the money—I will not swear that I called after receiving your letter of 23rd January. (This letter asked for half a chest of tea at 1s. 8d., and ditto at 1s. 10d. to be sent, and stated that he would call early next week.)
Cross-examined by Robinson. I satisfied myself about Owen's shop before I delivered his tea—you asked for no commission, and had none on the goods supplied to Owen.
Cross-examined by MR. FULTON. When I went to Owen's shop it was open; I did not see much business—I supplied him with goods after what I saw—I knew him at the time—he had a shop and post-office, a baker's and confectioner's shop at Stamford Hill—I have seen his carts about a good deal—I don't know that it was his shop at Stamford Hill.
Cross-examined by MR. FOOKS. Hiscock introduced himself—Wenman offered to pay 2s. in the pound, which we would not accept—I might have said before Waters was taken, that Johnson was the only person Hiscock introduced to me.
Cross-examined by MR. BEARD. Waters's orders were executed on November 20th and December 3rd—there were two months' credit on those—it was not Hiscock's duty to collect money—Waters hat paid nothing since his arrest.
Re-examined. Robinson said at the end of December that he had never recommended Eden and should be sorry to do so—Eden said he only wanted a month's credit—that was close on his second order—Owen's place was at Tooting—a man named Owen had the shop at Tyssen Place before Robinson took it—Hiscock brought orders to the amount of 100l.
of which we were paid 6l. 13s.—we should not owe Hisoock anything if the goods had been paid for—his commission was earned on orders executed.
JOHN SAMUEL DRIVER . I am a scale-maker, of Bishopsgate Street—Wood the witness was in my employment—he informed me about Robinson's application for goods, and I wrote to Danaford and received this reference. (Danaford's letter was dated 26th September', and stated that he had known Robinson some time and had always found him a shrewd business man, whom he should consider safe for 12l.)—on the strength of that letter goods were delivered amounting to 9l. 11s. 1d.—two bills of exchange were accepted and presented by Robinson—I wrote and advised him that the first bill was coming due, and got this letter of 30th October: "I have been away from the Bank Holiday till Friday, when I will call and take up the bill"—the bill was dishonoured—when the second bill became due Wood called for payment, but could not get anything—on 17th October I got this letter from Eden. (This stated that Robinson had informed him they supplied scales, &c, on the usual terms, and that he would call, and that they might refer to Robinson)—I told Wood not to accept Robinson as reference for Eden, as I had had no money from him, and Eden then wrote referring to J. Corbie, 19, Mary Lane, White Cross Street—on visiting that address the impression was unsatisfactory, and I declined to supply the goods—in supplying Robinson I believed he was carrying on trade in the ordinary manner.
Cross-examined by MR. METCALFE. I did not communicate with Danaford at all when I found I could not get money from Robinson.
EDWARD WESTBY I' ANSON . I am a tea merchant, of Lower Thames Street—in 1883 W. H. P. Robinson, not the prisoner, was in my service—among other customers he introduced E. Waters, of 57, Kender Street, to whom I supplied tea value 3l. 11s. 10d.—he paid 1l. 18d., the duty on it, on delivery, nothing else—on 15th November I supplied some more to him of the value of 7l. 8s. 6d. and then 2l. 10s. 2d.; he paid the duty on that—the payment for the tea was due in two months—I sent the invoices—I have never been paid the the 11l. 10s. 5d. which they together make—it purports to be receipted by "Billings," but I have no such person in my employ and never heard of him—after that I received from J. Robinson an application to be supplied with tea on a bill-head like this—I sent tea to the value of 9l. 7s. 4d.—he called and selected it on 30th November, 1883—he promised to pay in a week—I asked him for a reference before I supplied it, and he gave me Owen, a baker he knew personally, and who might be a customer too, and Danaford, an architect of Lonsdale Chambers—I wrote to Danaford and got no answer—I called and failed to see him—I wrote to Owen once in November and received this reply, dated 18th December. (This said respecting Mr. Robinson "I have known him five years and consider him worthy of credit for the usual monthly account")—that was the same day that I supplied the tea—I have never been paid for it—Robinson called in a cart and gave me another order which I refused to execute, not being paid for the first—I never saw him again—I called at the shop—he appeared to be doing a mixed business, fruit, &c.—I saw White there—he said Robinson was suffering from rheumatic fever—Johnson gave an order amounting to 20l. on 6th December, he gave a reference to E. Dodson—I inquired of Dodson; it was quite satisfactory—I then went to Johnson's shop, 12, Market Place, St. Ann's
Road; it was not open—I there saw his wife, and after that sent a small order to the value of 3l.—I had another order from Johnson which I refused to execute—I was paid 3l. 0s. 2d. for the first one—I had an order from A. Browne, 76, Mansfield Road, Gospel Oak, through W. H. P. Robinson—I went to Brown's shop and saw him—he said lie wanted it for family customers—he had two carts for the delivery of goods—I believed he wanted it in the way of business and supplied him about 5th December to the amount of 12l. 9s. 2d.—he paid the duty 3l. 8s. 2d.—on 15th December I supplied more tea to the value of 3l. 8s. 9d.—he did not pay the duty, 1l. 10s. 8d.—the terms were one month—I have never been paid—I don't think I went to the shop afterwards—14l. 5s. 7d. is still due—we advanced the duty—May called on us and gave the address, 70, Monier Road, Victoria Park, and said he had been a publican, but was in business as an oilman, and selected tea to the value of 6l. 5l.d. and promised 2l. on account, which he paid on 16th December—on 21st December I supplied more to the value of four guineas, and on 31st to the value of 6l. 1s.—I was not paid for those—I believed the goods would be wanted in the course of business—I had an order from Wenman—I did not supply him with any tea, only samples.
Cross-examined by Robinson. You said you had seen an advertisement—you might have had the tea before Owen's reply came—I think there? as a mistake in dating Owen's letter 18th December; I think you called on the Friday, and I sent the tea on Saturday or Monday—Owen's letter came on the Monday—I did not know then that you were acquainted with any of the people I was serving.
Cross-examined by MR. HOPKINS. I saw White at Robinson's, I had not seen him before—I might have seen him there twice, I called several times—I looked on him as Robinson's managing man—he seemed more like a friend than a servant, he seemed to know his private affairs—I can't remember all that passed between us—it is not usual in a small shop to have a manager like White—I saw Brittain at Robinson's shop—I saw both him and White there—I saw White there the first time I went.
Cross-examined by MR. METCALFE. I went to Lonsdale Chambers, not into Danaford's office—I don't think his name was up, it may have been, I asked the hall-keeper.
Cross-examined by Johnson. I applied to Mr. Dodson one or two days afterwards, before 15th December, and I called about the 15th at Stamford Hill—the shop looked like being fitted up—it was not from what I saw that I felt inclined to do business—this is my letter to you. (This stated: "It is not usual for us to supply tea to new customers without two trade references, but under the circumstances we will send on two boxes, those will keep you going till you find time to call on us"—I supplied goods to the amount of 3l. 0s. 2d. on 16th December—you paid that on 13th January—you owe no money now.
Cross-examined by Brown. My traveller called on you, I have never seen him since—I never received any money from you—I never asked you for a reference.
Cross-examined by MR. BAYLISS. Robinson said Owen would very likely do business with, us, and something to the effect that he had known Owen as a baker for many years—I got an answer from Owen about the 22nd, the day after I wrote.
Cross-examined by MR. BEARD. Waters paid for some sugar he had
afterwards, not by cash—I never had a partner—I made an arrangement with my creditors, I did not file a petition, nor am I a bankrupt; I was appointed to collect the accounts, and have been doing be up to the present time—Ranger and Burton are acting as solicitors—I do not know a clerk named Billing in their office—the solicitors have told me what money has been paid in each day—I know this receipted bill was found on Waters's file—I was never in the firm of Nash and I' Anson—they are no relations of mine.
Cross-examined by MR. FLEMING. May's orders were on December 21st, 24th, and 31st, 1883—once or twice he called with them—he gave as reference Mr. Holt—I did not go to him—I went and saw May, and thought it was good enough—I received 2l. on account on December 16th.
By MR. FLEMING. I have received two separate 1l.'s from May—we did not make any application for that.
ROBERT BRADLEY . In August, 1883, I was appointed London manager to the Khoosh Bitters Company, King William Street—Oram was not connected with the company then—their principal offices are in Liverpool—I succeeded Hiscock as manager—the directions are to take it in three or four drops—the retail price is 4s. a bottle—it is a tonic and appetiser—I received this order on 19th September from J. Robinson, grocer, 162, Maryland Road, Stratford, for one case of twelve bottles and two of six bottles—these were supplied to the amount of 3l. 2s. to that address—that was an order through Hiscock—these goods are signed for in the delivery book on 20th September by J. Robinson Hiscock brought me two orders from J. Robinson, 10, Tyssen Place, one for one case at 31s., and one on 11th October for one case at 31s.—we had the receipt for those goods—I had an order in writing from Hinoek on September 20th for two dozen for Waters, 57, Kender Street, New cross Road, of the value of 3l. 2s., and on 17th October another order for the same person at 3l. 2s.—the goods were sent—I went to Waters's shop between two and three months afterwards, in December, I think—it was a small grocery shop—I saw Mrs. Waters there—I think I told Hisoock she said they had never been ordered, she did not know why they were sent in—Hiscock said they had been ordered, and he would see about them—he afterwards told me he had seen Waters and made it all right and we should have the money later on—I did not get the money—this order was brought by Hiscock on September 24th from Barnes and Co., 122, Newgate Street, two dozen at 3l. 2s.—we were to wait a few days, as the place was not open—they were eventually sent—the invoice was returned marked "Gone away"—the goods were taken in—we got no money—this order is in Hiscock's writing: "September 27th. H. Owen, 22, Portland Terrace, Graveney Road, Tooting," for two dozen—the goods were sent to that address, value 3l. 2s.—we never got any money—some of the goods we got back—on February 23rd, 1884, nearly a month after Robinson was in custody, I got this letter from owen referring to two parcels, one of which was supplied to Owen in Oram's time. (This stated that he took the goods on sale or return and could not sell a bottle, and asking how he should return them)—about two dozen and nine
were returned as far as I can remember—on 9th October I got this order from J. Johnson, Grocer, Green Lanes, in Hiscook's writing! For one dozen, that was delivered on 9th October to the value of 1l. 11s.—in November I posted this letter; it came back marked "Gone away"—on January 3rd, 1884, I got this letter from White, Market Terrace, Stamford Hill, for one case, and stating that the premises will open in a few days, that is in Hiscook's writing—the goods were sent in the name of White to that address, which was Johnson's shop—the book was signed for in the name of R. McConnell, a woman's writing—here is another order in Hiscock's writing on November 5th for three dozen and a half to Thomas Wenman, 27, Railway Road, Highbury—this letter was sent at the same time as the order. (This stated that he had heard their name through Johnton, and requested that two eases might be sent, and enclosed a card)—the goods were sent—in February I sent an invoice, which came back marked "Left, do not know where gone"—we got no money—this is an order in Hiscock's writing on November 14th, 1883, from Browne, Gospel Oak, for one case, to the amount of 1l. 11s.—this is Hiscock's writing for an order from William Fain—these moneys were not paid up to the time of my leaving the company on 1st March—on 1st January this order was sent in Hiscock's handwriting from Sparks, grocer, &c, 70, Manor Road, Victoria Park—I found that in dram's time there was an account charged against Richard May, 5, Ridley Road, Dalston; that account was sent to May and was returned marked "Gone away, no address"—this is an order from Hiscoek, in the name of Stubbing, Walthamatpw, for two dozen—I had this letter from Eden on October 25th. (This stated that he had ordered a dozen last week at the Agricultural Hall, and would be glad to know when he might expect them)—my answer was to the effect that the goods were sent, but we did not think it a place we could leave them safely at, and there-fore they were not left—a person giving the name of Roper called, and gave an order for 3l. 2s. worth of goods on 15th November, and referred me to Danaford—the goods were supplied to the Challenge Cigarette Company, 4, North Buildings, Eldon Street, to the amount of 4l. It—that was not paid—of all the names mentioned during my time no payments were made at all—Mr. Truman was my successor.
Cross-examined by MR. METCALFE. I was referred to Danaford—we did not write to him or refer in any way to him.
Gross-examined by Johnson. I do not know whether the Green Lanes shop was open or closed—I do not think the goods had been tendered at Stamford Hill and refused before they were delivered—I think I said at the police-court that they were brought back because the party was out—they were delivered on 23rd January—I can't say that they were delivered—I trusted our carman to leave them, and he brought the signature "McConnell" back.
Cross-examined by MR. HOPKINS. The White I mentioned is not the prisoner.
Cross-examined by MR. FLEMING. I was seven months in the employment—I am not aware that they have had a good many managers—it must be understood if the bitters are sold on sale or return—all these orders were sold out and out, that is what Hiscock has told me—Oram got a lot of orders more than these mentioned to-day—not many of them were
good—I did not go with Hiscock to some of the customers—when I went there the company had implicit reliance on Hiscock, and so had I.
Cross-examined by MR. FULTON. The statement of account was sent a day or two before I received this letter of 23rd February from Owen—he said the bitters had been received on sale or return, and he sent back the whole of the bottles—we found them all but two bottles—I did not know the police found those on his premises—there is a sale for Khoosh bitten, it is used in England—it has been a limited company from its commencement—I don't know whether it pays dividends—the books were in Manchester, at the auditors', during the greater part of the six or seven months I was there.
Cross-examined by MR. BEARD. Waters had four dozen—I do not know that three dozen were found on his premises after his arrest—I believe I did not receive two letters from him requesting me to send for the bottles as he could not sell them—I will not swear I did not—I can't say if he said they were on sale or return.
Cross-examined by MR. FLEMING. Richard May's order was before my time.
Cross-examined by Wells. The goods were sent to Barnes on the 25th by our own van—I did not see Barnes—I sent a clerk to 122, Newgate Street, and in November or later called myself—the invoice was sent with the goods, and was returned marked "Gone away"—the statement was sent about the beginning of November—when I called the place was shut up—I can't swear exactly when I was there—after I called there I went on to Hatton Garden and saw Mr. Vicary because there was a notice on the door from Barnes, "Apply to Mr. Vicary, Hatton Garden."
Re-examined. Unless a special arrangement was made the goods were sold outright—no special arrangement was made in any of these cases.
THOMAS GLASS (Police Inspector). This signature, "R. McConnell," for the delivery at Market Place, is in the writing of Mrs. Roper, wife of Roper, indicted as Stubbins, of Gordon Road—I saw her at Market Place when I took Johnson in custody—her maiden name was McConnell.
WILLIAM TRUMAN . I am manager to the Khoosh Bitters Company, Limited—the value of goods supplied on orders introduced by Hiscock was about 200l., of which I have received seven or eight dozen back, representing 7l. or 8l., and about 8l. in money.
Cross-examined by MR. FOOKS. I came into the employment of the company at the beginning of March, after Hiscock had been apprehended—I know nothing of the instructions on which he took the orders.
ABRAHAM COHEN . I was the London representative of Joseph Elias and others, butterine makers, of Holland—about 20th December, 1883, Browne called on me and said he was a provision dealer at 76, Mansfield Road, Gospel Oak, where he had a good business—he produced a small book which he said contained the names of his customers—I showed him some butterine—he selected some to the amount of 8l. 12s. 4d., and promised to pay in a fortnight, and took the goods away—on 20th December he gave another order for 6l. 4s. 4d., which I sent or he took at the time—on 22nd a boy gave an order of 11l. 2s., and took those goods away in a cart—on 28th a further order was executed for 16l. 16s.—Brown paid for the previous order 8l. 9s. 6d., it was with discount off—he said he had paid that to establish confidence, and now he should pay in a month
—on Jan. 3 there was an order for 10l. 6s., and on 4th one for 8l. 14s.—both those were supplied—I can't recollect if there was one on the 9th—goods to the amount of 7l. is. were supplied on the 11th—between the 11th and 14th I called at the shop; he wasn't at home; I left a statement of account with his wife, and after that I received letters from him promising to call and pay—he never paid the 60l. 16s. 4d. his orders from 20th December to 9th January made—on 30th December Johnson called and said he was round the market buying butterine, and might as well buy of us as we were manufacturers—he said he was in business at 12, Market Place, St. Ann's Road—he selected goods to the amount of 18l. 13s. 4d—we told him our terms were 4d., discount within a fortnight and 2d. within a month—he said he was for many years traveller to the firm of Hunt—ultimately we let him have the goods—on 4th January we received another order from him to the amount of 3l. 15s.—that was executed on the 9th—I received this order for 4l. 3s. 6d. in this letter. (Asking for five boxes of rolls, and quotations, that he might introduce business, and advising them to call on Mr. Emery, who would be a good customer.)—on 14th 6l. 6s. was supplied; on 18th 8l. 17s. 3d.; on 26th January 7l. 4s. 9d.—all those goods were taken away by Johnson or some one in his cart—with the order of 18th Stubbing brought 10l. on account of the first order—I did not known that name at the time; he gave me a card afterwards—we afterwards received 8l., the balance of the 18l. on the first order—on 4th January I went to Bee the shop at Market Place and found the doors closed, but goods exhibited on one side of the window, with a notice that it would be opened the following Saturday—that did not destroy my confidence; I thought it was all right—I got no more money; 30l. 6s. 6d. is owing now—he wanted some more goods, and said if we would let him have goods he would pay a few days later—I received an order from Robinson, of 10, Tyssen Place, for 11l. 18s. 4d. in the last days of December; I believe that was brought by Parker; subsequently Robinson came and asked why it was not executed—we said our terms were cash the first time, because we had heard something was wrong—he had a horse and cart outside and said "I haven't any money with me, but you can look at the horse and cart, I have got a very good business"—the horse and cart inspired confidence and I let him have the goods—on 4th January I went to see his shop; he had a curious stock, new canisters, pots of honey, and packets of tea; it did not inspire confidence—he called with another order which we declined to supply—we wrote for payment but were never paid—I had an order from Wenman, of 27, Holloway Road, on 2nd January, for 22l. 7s. 6d.—I supplied it—I was not paid; he was gone from there when I called for payments—I received an order from Eden on 3rd January by letter—I sent a price list, and on 8th January Eden called on me and mentioned the name of Driscoll, whom we had supplied before—Eden selected goods to the amount of 16l. about; we wanted cash, he refused to pay cash, but wanted a month's credit—he said he had a good connection with hotel and restaurant keepers, Barnes way—he called later in the day and paid 4l. 11s. and took the goods away—we have not lost anything by him—we supplied goods to Downton for 21l. 11s. 4d.—we have not been paid.
Cross-examined by Johnson. You said you had been a traveller, and on your own account, and had represented several firms in the trade—you mentioned
Mr. George Hunt, of the Whitechapel Road, and may have mentioned others—you did not give Mr. Hunt as a reference—the first order, 18l. 13s. 4d., was the largest I had of you—I declined to let your man have the goods, and I called on you and said I had been to Mr. Hunt and he did not know you—you came with me to see Messrs. Hunt—I had some conversation with them and was satisfied to let you have the goods—I called at Mr. Brusbfield's shop and saw his manager—I said you could speak to Mr. Elias about travelling for us on commission—you got two orders, one from Mr. Emery for 4l. 3s. 6d., which was executed and paid for; and one from Cilman's, not executed, as we did not like doing business with bakers—I paid you no commission on that—you bought the goods at fourteen days—you paid the first account—the second became due on 4th February; that was two days after your arrest—you saw Mr. Elias in my presence—he said you had acted in an honourable manner, and he should not think of pressing for the account, but he had been swindled out of a good deal of money, and he could not let the Lord Mayor have a box of butter unless he paid for it—I knew bills like this were circulated among my customers, but I did not authorise that firm to collect money—I do not connect you with any of the defendants.
Cross-examined by Browne. I think we shut up about 3rd February—I know nothing about a bill being drawn on you for 54l.
JOSEPH WALTON . I am a watch-case and watch maker—I supply watches and chains on payment of instalments—in May, 1883, I had an agent, Thomas White, not the prisoner—he introduced Eden under the name of Hornden, 36, Devonshire Street, Cambridge Road—I supplied him with a gold and a silver watch, and he signed these two I O U's, amounting together to 8l. 9s., in the name of Hornden—he paid 5l. of that amount; I received nothing else—I called at 36, Devonshire Street ultimately, about the end of June or the beginning of July, and found he was gone and had left no address; I could not find him—Eden introduced Johnson, who came and gave his card, which described him as a cheesemonger, Maryland Road, Stratford—he had a horse and cart at the door—he selected a watch value ten guineas, and said he could pay for it all at once if he chose, but he said his horse and cart at the door were worth the money—I made inquiries, and did not supply the watch—Eden introduced Corbie, of 19, Drury Lane—I supplied him with goods to the amount of 9l. 10s.; he paid off 2l. 15s.—I went to Drury Lane; Corbie had gone and left no address—Robinson, of 3, Scarsdale Terrace, Melbourne Grove, East Dulwich, came en 19th June with a paper which he said Hornden had written, and he told me correctly the transactions I had had with Hornden, and I supplied him with a silver watch value 3l. 15s.; he paid 13s. on account—I have never received the balance—I sent to the address, but was not able to get the money.
Tuesday, July 1st.
JOSEPH WALTON (Continued). Wells came and said he was recommended by Robinson, who I believe had mentioned his name and said he was a good man—Wells said he was a builder at Rose Cottage, Holloway—I went and did not like the look of that place and refused to supply him—Robinson introduced Fiddes, to whom I supplied a watch value.
3l. 15s., of which I received 12s. 6d. only—Fiddes introduced Price, who had a 20l. watch, and from whom I have had nothing.
Cross-examined by Edem. I paid my traveller at the close of the transaction you paid him your first instalment I think; I cannot tell if he gave you a receipt; you gave him 15s. and he handed me 10s.—he kept the other 5s. to pay next week as he was doubtful if you would pay then—the only other amount I had was a post-office order for 10s. on the second watch—I don't know if my traveller is to be called.
Cross-examined by Johnson. It was about the middle or end of June you called on me and introduced yourself by card as a tradesman desirous of buying good watches, which you understood I sold by instalments—you arranged to pay 2l. down and 2l. a month for a ten-guinea one—on the first hearing before the Magistrate I said I wished every one had served me as you had, and that I had received a letter from your wife desiring me not to send the watch—on the second occasion you sent a boy with a note for the watch; I don't know if you sent the money by him; I didn't ask him—as a rule I have a promissory note when selling in this way—I would not let the boy have the watch—you owe me nothing.
Cross-examined by wells. Robinson spoke about you before you called,—your first visit was within a week of your last—I received this letter from Bobinson in the interim. (This stated that all he knew of Wells was having seen him in business, and judging from that he should think he would pay all right.) I would not let you have a watch.
Cross-examined by MR. HOPKINS. White, my traveller, is not the prisoner, whom I never saw till he was at Worship Street.
HENRY THOMAS HOLLAND . I was formerly order clerk to Morrison and Wood, confectioners—on 3rd April I received an order" from R. May, 5, Eidley Road, and goods amounting to 6l. 19s. 11d. were delivered, but were returned because cash was not paid on delivery—I wrote for a reference and received this reply. (This referred to B. L. Vandam, 31, Bishopsgate Street, and to his bankers, the Cripplegats Bank, Whitecross Street.) I applied to Mr. Vandam, but he did not sufficiently know him—I got a satisfaotroy reply from the Cripplegate Bank, and on 13th April sent the goods, and on 17th April more to the amount of 6l. 17s. 6d.—I have never been paid the 13l. 17s. 5d. which the two lots amount to in March, April, May, and June, 1883,1 received orders from Browne, in the name of H. Hart, 1 and 2, Haydon Road, South Wimbledon, amounting altogether to 29l. 2s. 1d.—he has returned 7s. 3d. worth, so that the total is 28l. 14s. 10d. still owing—on 29th October I received an order from Waters, of 57, Kender Street, New Cross, of 10l. 2s. 3d.—those goods were never paid for—I issued a County Court summons, but never obtained any money on the judgment—I supplied goods to Owen's first order, for which we had a cheque; and then, on 21st May, he had more goods to the amount of 3l. 2s. 5d., of which 5s. 5d. was returned, leaving 2l. 17s., which he owes now.
Cross-examined by MR. BEARD. The 5s. 5d. was the value of empties returned from the first order—I believe our collector has applied to Owen for the money—he had no other transaction with us—Owen came himself the first time.
Cross-examined by MR. BEARD. I had a traveller Reed; he had no transactions
with Waters—we never give longer credit through our travelers—I cannot say if an execution was put in—I have left the firm.
Cross-examined by MR. FLEMING. May's orders were written—I never saw him.
Cross-examined by Browne. One order came in the name of Henry Hart, and another from the same address in the name of Thomas Hart—there were six deliveries to you from 5th March to 6th June—we had no reference from you.
ROBERT MACKENZIE (Police Sergeant). I was present at the examination of Charles Philip Smith at the police-court; the prisoners had an opportunity of cross-examining him—I saw him on Sunday night—he is dangerously ill, suffering from dropsy—he cannot move or be brought here. (The deposition of Charles Philip Smith read: "I am a collector at Morrison, Wood, and Co.'s—I called on May for payment of his account in April and May, 1883—it was a small untidy shop; his order was much too large for such a shop—he promised to pay when other goods which he had ordered were delivered—the last time I called I found he had gone, and the shop was shut—I called on Hart three times, and then the shop was closed—the shop was too small or the orders too big—the shop was not lighted up—I saw a man who said he was Hart; and when I called next day he was gone—he never paid—I called on Waters—he did not pay—he said he would when we sent more more goods—I called on Smith and Owen and saw Owen several times—he promised to pay but did not.
Cross-examined. Owen paid me nothing—I did not ask for a post-dated cheque."
JAMES WILLIAM CLARKE . I am bailiff of Lambeth County Court, Camber well New Road—I had two warrants to issue on the goods of Waters, of 57, Kender Street; one on 15th March, 1884, at the suit of Morrison, Wood, and Co.—the amounts were 3l. 9s. and 4l. 19s.; meither of them were executed—I received this notice from the bill of sale holder claiming the goods, dated 30th December, 1878—Ambrose Richard Waters is the assignee of that bill of sale.
Cross-examined by MR. BEARD. A warrant was issued on 5th March—the man was apprehended on 21st February—the bill of sale is six years old.
Cross-examined by Wells. I have heard my father mention that Wells was a tenant in Wells Street, Camberwell, for 20 years, and his father before him.
HENRY STAMMERS . I am clerk to Mr. Pain, tea dealer—I received an order from Waters, 57, Kender Street, for tea value 10l. 18s. 5d.—that was delivered by Pickford on 19th September; it has never been paid.
Cross-examined by MR. BEARD. Our traveller Pye brought the order—I don't know where he is now—we applied for payment to Waters.
PHILIP MICKLEMORE . I was formerly a printer, at Glasshouse Yard, Aldersgate Street—I engaged Davis as a traveller—he was with us from February 16 to March 30—he introduced orders to the value of 60l., of which I have received 11s. on one account, and two or three other customers have partly paid by instalments—Henry Hart, who is the prisoner Browne, paid the 11s.—I printed these baker's bags. (Henry Hart, 1 and 2, Hay don Road, South Wimbledon, Hay and Corn Factor)—Hart's account was 4l. 18s. 5d.—I did printing for K. May, of 5, Ridley Road, Dalston, to the amount of 5l. 17s. 6d.—the order was received on 28th February,
and the goods were delivered on 5th March—that has not been paid—I applied for it, and took out a summons against him, but he left before the summons was served—an order was given from Wenman on 28th February of 2l. 8s. 9d.—the goods were supplied, no money was received—I called there several times, but never saw him; he always seemed to be in the country—on 9th March I supplied to Farrington 3l. 14s. 1d.; to Bobinson, 3, Scarsdale Terrace, on March 13th, 2l. 13s. 3d.; and to F. Tibbs, on March 13th, 1l. 0s. 1d.—I have received none of those amounts—I spoke to Davis about his customers; he said they were all right, he had known them a great number of years—I then executed the orders—Davis came to the County Court to give evidence to prove a case—I did not receive any more orders from him.
Cross-examined by MR. FLEMING. Davis was to be paid on commission only; of seven and a half per cent., five per cent, weekly and two and a half per cent, when the accounts were paid—I instituted no inquiries about any of these people—before I executed the first few orders I looked at the shops, they looked respectable—I had no reference with Davis—my shop has not been established long—I did not see R. May—I don't know if the prisoner is he—I paid Davis 4l. 0s. 6d.—he was in my employ six weeks—Davis's commission was not an unusually large one for small amounts.
Cross-examined by Browne. I know nothing of my traveller receiving money from you—I supplied you with a second order under the name of Browne, which you paid me for.
JAMES DILKES . I am a printer, of Nottingham—in May, 1883, I advertised for a traveller, and received a letter dated 8th May, 1883, from Davis—I got a reference from Gates, which I thought very satisfactory on the face of it—Davis's duties were to canvass on commission for Christmas almanacks given away by grocers—he was supplied with printed forms—on 29th June, 1883, I received an order signed E. Price for goods for 4l., to be delivered in November—my clerk will prove the dates—I wrote to Price, provision merchant, 72, Gracechurch Street—the letter was returned through the Dead Letter Office marked "Gone away"—upon the order I received from Davis there is a second address, 92, Gracechurch Street—I cannot say if the goods were sent there when they were ready—Davis introduced an order from E. Waters, Kender Street, Peckham, to the value of 5l. 14s.—I made inquiries—I received an order from Farrington, Driscoll, and from J. Robinson, 132, Maryland Road, Stratford, 3l. 15s.—also one from Browne, 46, Brunswick Road, Holloway, 4l. 13s. 9d. and Wenman—from making inquiries I found Davis's orders were unsatisfactory, and I got rid of him—the total of his orders was 120l., of which about 40l. was executed—I paid him 9l. 10s. commission.
Cross-examined by MR. BEARD. Waters sent the orders by post—I cannot say that they were sent by him—I made inquiries at Stubbs's agency—some of the goods were finished before we got their report—it was probably in consequence of the report we supplied him with farther goods.
Cross-examined by MR. FLEMING. Davis was to be paid 10 per cent.—we provided against bad debts—I told Davis it was my practice that every order should come through Stubbs—he knew the orders would be submitted to them, and generally they were—I had an interview with
Davis in August, 1883, at Mullins's Hotel, Ironmonger Lane—I told him I was very well satisfied with what he had done, and I should have been so if they had been honest—no orders would be supplied till about November—we had all July and August to make inquiries about these persons—shortly after the interview at Mullins's Hotel I wrote to Davis and instructed him to go to the Carlton Bank—I received this answer from there, "I should be glad to see your representative with specimens of almanacks for 1884"—in consequence of that I probably instructed Davis to go there—we had no order—in sending goods he never gave opinions as to the persons—we discharged him and wrote for the samples to be returned—we did not get them—they were bound in a book and were worth about 5l.—I engaged Davis without having seen him.
Re-examined. I believed Davis's reference to be a genuine one when I engaged him—this is Stubbs's report about Waters. (This stated that the shop was not open, and that there did not appear to be any furniture and stock in the place, that he had kept a shop called the Marlborough Stores, and that they should advise cash before delivery.)—Stubbs took a month or five weeks to report—I wrote to Davis after receiving that report, and received this letter from him. (Dated 25, Myatt Road, Stockwell, 23rd July, 1883, stating that he had not been canvassing recklessly, that Stubbs's report was quite incorrect, and that Waters was never at the Marlborough Stores, but that a Mr. Walter had lived there, that his last place of business was church Street, Edgware Road, and that when he had called on this day the place was open and well stocked, but that Mr. Dilkes must use his own discretion.) believing that account of Waters I sent the goods.
By MR. BEARD. I do not know that Stubbs afterwards admitted that he had made a mistake.
HENRY TUDOR . I am the last witness's clerk—Price's goods were sent and returned—we did the printing, but could sell them at about half-price—this is the original invoice for 5l. 16s. sent with Waters's goods—Driscoll's and Farrington's were supplied—the total value of orders supplied by Davis was about 120l., of which 76l. 15l. 7d. was executed and 21l. 19s. 3d. paid—that included orders of four old customers whom Davis did not introduce—about 19l. commission was paid.
Cross-examined by MR. BEARD. Waters's goods were invoiced at two months' credit from the end of December. (In consequence of a question by Mr. Beard as to the mistake of Stubbs between Waters and Walters, MR. MEAD stated that it was not the prisoner Waters who had the shop in the Marlborough Road.) I applied for payment on 2nd April—that was after he was apprehended.
Cross-examined by MR. FLEMING. The specimens sent to Davis were worth about 5l.—he was there about three months to the middle of September—the first lot of goods were sent to his order on 13th October, so that we had three weeks or more in some cases to make inquiries.
Cross-examined by Wells. The goods for Price's order were sent to Gracechurch Street—he was a provision merchant—I made inquiries of him through Stubbs, which were satisfactory, or we should not have prepared the advertisements—they were sent on 6th December, and returned by the railway on 14th December—the original order was signed "E. Price"—I believe the goods were returned because he had removed—it was in consequence of the application to Stubbs that we supplied the order.
Cross—examined by Browne. I supplied no goods to Browne, of Brunswick Road.
Re-examined by MR. MEAD. This is a copy of the letter I sent to Davis. (This stated that all hit orders seemed to be bad, and that that morning on inquiry about Mills, Moseley Terrace, Leytonstone, they had found there was no such place as Moseley Terrace, Leytonstone; that Martin was bankrupt; that they would like the matter cleared up, and that in future all orders must be tested beforehand.)
JOHN SUMMERS (Police Sergeant). In the course of this case I called on Mr. Lewis Gates, 97, Enville Road, London—in consequence of what he said I subpœnaed him to attend here, but he has not been, and I cannot find him; he has absconded.
Cross-examined by MR. FLEMING. I did not know he kept a provision shop at Enville Road, Deptford, and did not make inquiries in that direction.
Re-examined. He told me he was a retired baker.
THOMAS FRDERICK SCOTT . I am manager to Mr. Rudelhoof, cocoa dealer—in January last Davis became my traveller, mentioning Jones, of Acton Street, Kingsland, Thorn, of Leeds, and Foreman, of York Road, Wandsworth, confectioners, as his last employers—he gave a reference to Foreman, to whom I wrote, and received this reply. (This stated that Davis had represented them for a considerable time, and they had always found him straightforward and honest)—I believed that to be a genuine reference—he never mentioned Micklemore or Dilkes—he made a proposal of 1l. a week and 5 per cent. on cocoa—we agreed to give him 12s. 6d. a week and 5 per cent, on cocoa and 2 1/2 on chiccory, and he was to travel five days a week—our terms were to be cash, or two months, and the sales were absolute sales—on the 24th January he introduced Waters, Kender Street, New Cross Road—I supplied cocoa and chiecory there to the value of 2l. 17s. 9d.—I supplied Stubbins on 31st January to the amount of 3l. 0s. 5d.—Davis did not say whether that shop was open or not—I believed it was satisfactory—on 4th February I got an order of 2l. 15s. 11d. from Robinson, of Tyssen Place—I Bent the goods, the carrier returned them—I believe Robinson was in custody at that time—I got an order from Johnson, of Market Place, to the amount of 4l. 12s. 4d. on 4th February, which I sent the same day—there was an order from May, Monier Road, amounting to 3l., 5s. 8d.—on 7th February, from Owen, Garratt Lane, Wands worth, 1l. 8d.—I supplied Goldsmith 2l. 16s. 11d., Harper 4l. 15s. 3d.—I got an order from Foreman, the reference, for two hundredweight of cocoa, of the value of 5l. 8s.—I wrote to Davis to call on me, he did not come, and, I did not send that order because I had suspicions with regard to Foreman—I believed these persons to whom I supplied goods were carrying on genuine businesses, and that the goods were wanted in the ordinary way of trade—some of the goods have been returned, and a few paid for—I have received nothing from Waters and Johnson; Owen has paid 1l. 8s.—before he accepted the goods he wrote saying that he never ordered them, that was after they had gone—the total value supplied through Davis was 88l. 17s. 7d., within two weeks—I have received in goods returned and money paid, 36l. 1s. 10d.—I received this letter from Davis on 18th February. (This was from 8, Mostyn Terrace, Brixton, and stated "I have been suddenly called away to see my fathert.
who is ill; when I return I will call and see you")—I never saw him after that.
Cross-examined by Johnson. Davis made no remark about you when he gave your order—I did not go to your shop—I did not apply there for payment—I do not know when you were arrested—I employed Davis in January, and three weeks afterwards I heard from the police that you were in custody—I did not then go to your shop to see what had become of the goods—they were sent on two months' credit.
Cross-examined by MR. BAYLISS. Owen's shop looked all right, as if business was being carried on—I called for the balance of the account, 8s.—I saw a woman there who told me she had sent the full amount—I called again and they paid me—I have nothing to complain about Owen.
Cross-examined by MR. BEARD. I supplied the goods to Waters on 28th January on two months' credit.
Cross-examined by MR. BEARD. When I first engaged Davis it was suggested between us that I should not supply a second order until the first was paid for—I asked Davis if he could turn over 30l. or 40l. a week, he said he could—he did 80l. in a fortnight, the third week he was at his father's—we have not pressed the cocoa trade although I have been in it thirteen years.
STANLEY MACHIN . I am manager to Mr. Machin, who trades at Batger and Co., of Broad Street, confectioners—John Reed became my traveller in June, 1883—on July 18th he introduced Waters, of Kender Street, New Cross, and I supplied goods to that address during July and August to the amount of 4l. 18s. 9d.—Waters has paid 2l. 6s. 8d. leaving 2l. 12s. still due—to Owen goods were supplied on 26th July to the value of 5l. 19s.—I sent my collector for the amount, and he brought back this post-dated cheque and a further order—we delayed the order to see if the cheque was met—I wrote to him acknowledging cheque and order, and saying it would take some time to get the things in—when we paid in the cheque it was returned marked "Refer to drawer"—we then wrote this letter to him of 11th October. (This was addressed to Smith and Owen, and staled that the cheque had been returned; that it appeared they had been endeavouring to obtain more goods by false pretences, and that if the cheque was not paid by next day they must take the consequences.)—we have never been paid the 5l. 19s. 1d.—we supplied goods to A. Browne, Brunswick Road, Holloway, value 7l. 2s. 10d. from 30th July to 20th August—I have not been paid—our collector applied.
Cross-examined by MR. BAYLISS. Our collector Staples brought a cheque and said he had pressed Owen for payment—he may have said that Owen had to pay his partner and was short of funds—he did not say that it would not be met the same day—I believe Owen wrote in answer to the letter about the cheque that he would call and pay—he has never done so—I don't think he asked for time.
Cross-examined by MR. BEARD. Reed never had authority to collect money for us, I can't swear he never did—our collectors are not here—I believe Waters's shop was open when the last instalment of 5s. was paid.
Re-examined. No suggestion was made to me at the police-court that our collector Butler had received money from Waters besides what we
had credited to him, and no request was made that Butler should be present.
T. F. SCOTT (Re-examined by MR. FLEMING). The orders given by Davis were not extravagant considering the size of the shops—I have been round to half the shops since—I said at the police-court that the orders were such as I would have taken myself, bat the majority of the shops we should have had nothing to do with.
By MR. MEAD. The orders were reasonable supposing bond fide business had been carried on.
THOMAS SEYWELL . I live at Parkwell Villas, Harlesden—I was landlord of 1 and 2,; Haydon Road, Wimbledon—in 1882 the prisoner Browne, whose name was then Hart, saw me about the premises—he gave me a reference—I tried to find out the party, but could not—he offered a reference or deposit—when I asked for a deposit he had taken possession, and he said "I am in possession, you must get a deposit the best way you can"—he signed two agreements in the name of Thomas Hart on 24th October, 1882—the first rent 8l. 10s. on one shop, and 9l. 10s. on the other up to Lady Day, was due on 25th March—his wife paid 4d. on account on 16th April—I distrained for the balance and found the Sheriff of Surrey in possession under an execution—I saw Hart on the premises, and he asked me with, reference to the Sheriff being in possession what he could do in the matter—I said "Being landlord I had priority under my claim"—the broker gave the Sheriff notice, the Sheriff then withdrew—I sold the things I found there, and they realised five guineas, but there were several' things in the house which were transferred to a girl supposed to be his servant—Browne remained in possession till 21st June, when he left without notice—his agreement was three years there, he would not require to give any notice—I had no rent—he left no address—I tried to find him—I supplied him with wood for the counter and fittings worth 6l.—the counter was made and fitted and taken away, he found the labour for it—I could not find the keys of the place after he had gone.
Cross-examined by Browne. The Sheriff withdrew, because the broker gave him notice.
WILLIAM WARD . I am an estate agent at Islington—46, Brunswick Road, Upper Holloway, was to let—Browne took it of me at 44l. a year rent—he gave his address as 90, Copen Road, Eye Lane, Peckham—he gave two references, one to Hill, of Bingfield Street, where he said he had carried on business for some time—an agreement was signed about 30th June, 1883, I believe—in September he brought Ernest George, who he said was about to buy the business, and in his presence it was mentioned that the quarter's rent due at Michaelmas was to be deducted from the purchase money—Browne made no objection to that—I did not see Browne again—he wrote to me on 24th September, 1883, "I have left Mr. George 10l. of stock and will tell him to pay you 8l. rent, and shall call on him for the balance; I have destroyed the agreement between us, and will give an account when I call"—he did not call—I insisted on George paying something before I let him have possession, and I got 5l.—I showed George Browne's letter.
Cross-examined by Browne. You paid me 4l. for certain fixtures—you brought George there, and the arrangement was, the rent was to be paid me out of the money he had to pay you for the business.
WILLIAM TURNER . I was agent for letting 76, Mansfield Road, Gospel Oak—on 24th August, 1883, Browne called on me with regard to that—he gave the name of Alfred Browne and said he was in business at 46, Brunswick Road, Holloway, which he was leaving because the premises were too small—I wrote for a reference and received two, Saunders and Williams—this was the agreement the prisoner signed in the name of Alfred Browne—on the rent becoming due at Christmas, 1883, it was not paid—I called and saw Browne—he asked me to put it off—ultimately I distrained on 18th February, when the goods and stock realised 12l. 17s. 6d.
Cross-examined. You paid 7l. 10s. for the fixtures to go in.
ELIZA SMITH . I am the wife of Charles Smith, a builder, of 13, Ossulton Street, Euston Road—in January, 1884, Browne took a shop and two parlours there at 15s. a week, in the name of William Payne, which was the only name I knew him by—he opened the shop shortly afterwards, and I saw two tubs of butter, a basket of eggs, and some milk—the furniture consisted of a table, two chairs, and a few odds and ends—the only name up was "Midland Dairy"—just before 6th February he spoke to me about the business not paying, and that he should have to give it up, and on 6th February he went away, the furniture being put on a barrow and moved off—this Khoosh bitters invoice was left at our address for Mr. William Payne—Browne left this card, "William Payne, dairyman and provision merchant," on the premises.
Cross-examined by Browne. You said you wanted the shop for your two sons and yourself—I have not noticed other persons there—you paid your rent and everything during the month or five weeks you were there—it is open now.
Re-examined. His sons were 14 or 15 and 16—I am sure Browne said his name was Payne.
CHARLES WHITTLE . I live at Langridge Terrace, Wimbledon—in the beginning of 1883 Browne occupied 1 and 2, Haydon Road, near my house—one was a general shop, and the other a hay and straw dealer's—he carried on business in the name of Hart—I have seen Owen in his company at the British Queen and Horse and Groom—about 8 o'clock on June 23rd I saw some furniture put on a van outside Hart's shop, and a day or two after both the shops were closed.
Cross-examined by Browne. I did not see the van being loaded—I saw it standing there already loaded, and don't know who loaded it—you and I went over to the British Queen—you sold bread, and Owen supplied you with bread for six months—I did not see any other of the prisoners with you.
Cross-examined by MR. BAYLISS. Owen called there daily with bread, and so did Neville—all I know of Owen is that he delivered bread there, and that they were together in the public-house—I was not there too; I saw them go in there.
Cross-examined by MR. BLACKWELL. White lived next door to Browne—that was not the prisoner White.
ERNEST GEORGE . I live at 46, Brunswick Koad, Holloway, where my wife keeps a chandler's shop—in September last I saw an advertisement with regard to the sale of a business at that shop, and went there with my wife and saw Browne's daughter, who showed us the shop and some invoices, to show the business done—on the following Saturday I called and saw Browne himself—he told me he was doing 15l. a week at the
shop, that the fixtures and goodwill were worth 40l., that he had been there 12 months, and that he was leaving to take a bigger shop in the Euston Road—he showed me a book of what purported to be the daily takings—he thought the stock in the shop, apart from, the goodwill, would be worth from 10l. to 12l.—believing his statements, I agreed to buy the business, and that the stock should be valued, and that I should pay on the valuation—he showed me a box apparently full of tea, and pointed out some bags and said they were bags of sugar, and that he had done me plenty of sugar up in readiness, as he did not know whether., knew how to do it—they were one and two pound bags—I told him I had not been in business before—I agreed to buy goodwill, fixtures and fittings, for 40l., and gave him 5l. deposit, for which he gave me a receipt—he promised to pay the rates, rent, and taxes, to 29th September, and to show me the receipts—he did not do so—I moved in on the 20th, and then saw Browne with his furniture on a van outside—I then paid him the 35l. balance, and he gave me this receipt (produced)—he said he—was going to take his things to his new shop in the Euston Road, and would return in an hour to value the stock—at the stock, and found that the top row of bags contained sugar, but all the others sawdust—the box of tea had a layer of tea at the top, and underneath was sawdust—he said he was selling some butter I saw in the shop at 1s. a pound—I asked him how he could afford to do that, he said lie bought largely and butter was cheap—there was a little bacon, sugar, cheese, and a bottle of Khoosh bitters there; that was not inquired after, and I have it now—Browne did not return that day to value the stock; I saw him afterwards—I found the first week's takings about 5l., never up to 10s. or 15s.—I have kept the shop well stocked—the rent was not paid on 29th September—I paid 5l. before Mr. Ward would accept me as tenant—Browne did not leave 10l. worth of stock, it was worth nothing like that—several people called for money due from Browne; a man called for a chaff-cutting machine—I tried to find Browne in the Euaton Road and could not—I made inquiries about him, and he ultimately called, and I gave him my opinion of him; my wife mentioned a policeman, and he left, and I did not see him till he was in custody.
Cross-examined by Browne. Your son brought two bushels of lard, for which I paid him 12s. 8d.—I am quite certain you did not mention Mansfield Street, but Euston Road—I have not seen this inventory before—I think it was more than a month after you left that I found you in Mansfield Street—I told Mr. Slow, Messrs. Neal and Co.'s traveller, where you were when I found out—he wanted you for 11l.—he did not tell me he called on you every Monday—I bought bacon and butter of him. (Browns here read a long inventory of different articles, washing the witness whether each item was in the shop.)—that inventory is wrong—I did not pay you for the stock, you did not come back—I did not nave a note from you or your son—you did not tell me to pay 1l. 3s. 6d., nor 8l. to Mr. Ward; if you had I should not have done so—I did not complain because I never saw you.
Re-examined. I did not know where he was living till I found out by accident.
RICHARD PALMER . I am part owner of 5, Railway Street, Barnes—in May, 1883, I let the premises to John Corbie, of 19, Drury Lane, who took possession in June—he paid no rent, and early in November I got a
surrender of the premises from him—within a week of 8th November I went to the premises and found Eden there—he said he was Corbie's tenant, and snowed me an agreement—he paid me 2l. as the balance of a month's rent, and I then allowed him to be our tenant—Eden said he had had, business dealings with Corbie—this is the agreement Eden signed on 24th November, under which he was tenant—Corbie only had possession from 1883—there was no such business established since 1870; Eden was not there from 1870.
Cross-examined by Eden. I received all the rent monthly up to 28th January—I called generally on Saturday evening, I always found you at home and busy serving in the shop with your wife—I have asked you to have a glass and you have had a difficulty to get away from your customers—I believe you did a good trade there—your wife has since had to give it up, and occupies a private house next door, where she holds together a fragment of the business—I did not say I should raise the rent because the trade was so good, I could not because of the agreement do so for six months—I anticipated such a thing.
Re-examined. At present the premises are unoccupied.
ABBAHAM SLADED . I am a retired builder, of Twickenham, and am landlord of Burlington House, Richmond Road, Twickenham—Eden came on 12th November and asked me the rent of that house—I told him 28L. a year—he said he was managing Mr. Corbie's business at Railway Street, Barnes, but the business was let, and he was leaving—I asked for a reference, he said Mr. Corbie, who had employed him fourteen years—I did not understand in any particular place, but as traveller—he said he wanted my place at once—I wrote to Corbie, he said he was going to see Corbie and to save time he would take the letter and I should get the reference in the morning—on 10th November I received this letter, dated 5, Railway Place. (This stated that Eden had been in his employment thirteen years and was trustworthy and hardworking, and would make a desirable tenant)—I have since heard that is in Eden's writing. (Eden here stated that it was his writing)—he went into possession—I saw the shop open on three occasions, but it was mostly closed—after Eden was in custody, Mrs. Eden sent me the key, and I have been on the premises since—I found them in a dreadful state.
Cross-examined by Eden. I said at the police-court I was very silly to let you take the note—you seemed anxious to procure the house, I was not particularly anxious to let it—it had been empty six or seven weeks—I do not remember you asking if I should like to go and see Mr. Corbie as he would be at the shop that evening—the shop was like a little huckster's—I did not demand the key of your wife till you were in custody—everything was cleared out before I had the key—you only paid the half quarter's rent up to Christmas; the next would be due on Lady Day, and you were taken in January—I am not aware of any one you owed money to having made inquiries about you—I made a mistake when I said the rent was 28l. a year, it was 18l.
THOMAS LEMON . I keep the Telegraph beershop, at 89, Leyton Street, and am landlord of 162, Maryland Road, Stratford—some time before Midsummer, 1883, May applied to me about taking those premises for a general shop, and mentioned that himself and Johnson, who was his son-in-law, were going to live there—I understood he had been in business
in the Old Kent Road before—the rent was 28l. a year—he was let into possession some few days within his application, and prior to Midsummer Day—Johnson was there three or four weeks—may said Johnson and he had come to some misunderstanding, and it was better they should part—Johnson left and Robinson's name was substituted for his over the 'door—Robinson was there till May gave up the tenancy—in December May spoke about giving the premises up because of the slackness of trade and ill health, and he gave them up at the end of November or beginning of December, disposing of the business to Bundery—May paid the rent from Midsummer to Michaelmas, and Bundery has paid since.
Cross-examined by Johnson. May did not mention Ridley Road—he referred to Phillips, of Old Kent Road—May bought and paid 5l. for fixtures—the shop has been a very good one, and done something like 100l. a week—May did not tell me you were his son-in-law, that was the inference—I am not aware that May let you the shop, parlour, and bedroom—I cannot say I saw you there after 30th June.
Cross-examined by MR. FLEMING. I wrote to May's reference and got a very satisfactory reply I considered—I did not lose a penny by May.
EDWARD SMITH . I was manager to Mr. Axman, landlord of 12, Market Place, St. Ann's Road, Stamford Hill—at the end of October Johnson came to me and said he wished to rent a place—he said he and his wife came from Bristol, and were then living at 39, Green Lanes, Stoke Newington—he gave as references Wenman, 27, Holloway Road, and C. T. Machon—we did not apply to either of them; we sent their names to the lawyer, but he omitted to send to them—Johnson look possession under a three years' agreement—I received this letter from him. (Dated 22nd October, 1883, and stating that he required the shop for grocery and provisions, and would be glad to take it at 40l. a year, and giving the references.) He remained in possession from the middle of October till he was taken in custody—I received no rent; but it was only to start from Christmas.
Cross-examined by Johnson. You called and said that you had had several shops in the grocery and provision trade, and were a good judge of a shop in a new neighbourhood, and that you were in the habit of taking a new shop and working up a trade—you found the drains and water were not properly connected, and it was not completed up to 28th November—your shop made a good show and I congratulated you—your wife was confined tie day you were apprehended—you agreed to give up the shop and Mr. Axman paid you for the fixtures.
JOHN PARKINSON . I am the landlord of 27, Holloway Road—in August last, Thomas Wenman, of 19, Drury Lane, called on me desiring to take No. 27—he referred me to Downton—I wrote and and received satisfactory replies—I called and saw Wenman in Drury Lane, and ultimately he took possession about the end of August—the premises were opened about Christmas—I never saw him there—no rent was paid—he sent the key to me by post—about 4th September I saw some men taking goods from the shop and packing them as fast as they could into a van—as far as I could tell no business whatever was going on.
when that was going on I have seen Johnson, Eden, and Robinson there; Johnson on every occasion and the others four or five times—I have seen them in the shop in the evening talking.
Cross-examined by Robinson. I have seen you outside and inside the shop—I stand outside and serve customers—you were there when cases of milk and tea were removed—I pointed you out at the police-court the first day I was there.
Cross-examined by Eden. I recognised you at the police-court at first.
Cross-examined by Johnson. I am in the employ of a fishmonger next door to No. 27—before that I was at Peckham—I was in Mr. Nunn's employment for four years—he did not discharge me for theft; I left to better myself—I am not a kleptomaniac—it was about last autumn I first saw you at Wenman's—his shop was opened a month or two before Christmas—I have seen you there between forty and fifty times—I saw you there after the shop was open—lean give no date as to when I saw you there.
Re-examined. I saw Johnson once dancing on the pavement with a dead pig on his shoulder—that was a Saturday afternoon, I think.
ALEXANDER RITCHIE . I was in January this year landlord of 1, Gordon Terrace, Walthamstow—I knew Johnson as keeping a grocer's shop at Champion Hill—on 5th January I met him accidentally at Liverpool Railway Station—he said he was looking for a shop, and asked if I knew of one—I mentioned mine—he said he was living at Stamford Hill—on the 6th he and his wife came to see my shop, and agreed to take it at 2l. 10s. per month—he said as soon as his wife got over her confinement they should live there, and carry on the business in the name of Stubbins; I believe that was his wife's maiden name—he referred to the Married Women's Property Act, and said he had a right to do so—he was to take possession on 14th January—before he did so I went to 12, Market Place, Stamford Hill, but did not see Roper—Roper was sent to take possession of 1, Gordon Terrace on Johnson's behalf—the shop was never opened for business—coffee was delivered there in the name of Stubbins—I saw part of a bottle of Khoosh bitters there, and some jars labelled "honey"—I last saw Roper there about 14th February, I think—I saw Johnson there while Roper was there; I don't think he told me in what name he was going to carry on the business—letters came there addressed to Stubbins, and were given to Roper.
Cross-examined by Johnson. You did not go into possession at Walthamstow on 24th January, I had to get the consant of my superior landlord before you could do so—I did not know the name of your friend who took possession—I believe my wife called them Mr. and Mrs. Stubbins, because she had no other name to call them by—I only saw you there once after Stubbins came there—you might have told me Roper was going to trade as Stubbins; I cannot recollect—letters came addressed to Martin Stubbins, and I think to M. A. Stubbins; they were all given to Roper—I dare say you might have made the Walthamstow shop a success—I should say you did a very large business at Champion Hill—I was at Tigeon's tea warehouse—the usual terms in the tea trade are three months' credit and cash for the duty—the Stamford Hill shop had a very good appearance—I don't recollect you saying you would soon put it in the market, and should get 70l. or 80l. for it; I can't say if it would have fetched that—I believe you are competent to make a trade at a shop.
GEORGE TAYLOR . I am an appraiser, auctioneer and broker, at 70, Hanover Park, Peckham—on 7th April I levied a distress at 3, Soarsdale Terrace on Johnson—I saw there Robinson, who said he could not pay the money—he said he was a traveller and dealer, and had bought the business of Johnson—I kept the goods over till Christmas, as he said he thought ho could get the money soon from a friend, and that the distress would do the shop a deal of damage, as he expected some goods coming in that day; I think a parcel of tea, which he could sell to Mr. Whale—we made a raid on the premises, and found a parcel of tinned salmon'and other goods—I held over till 15th August—the gross amount was 4l. 16s. 1d. nett, and 1l. 19s. 6d. the charges incurred owing to our having been kept so long at his requests I don't recollect seeing any of the other prisoners—we were in possession one day—the shop was then open; it was afterwards closed—we took the things away—the man in possession said he took 5d. the day he was there.
Cross-examined by Robinson. I had two men with me who had been watching your place all night—you said you were going to take the things away, and would have done so, but we were too quick for you—you went to see Mr. Morris—I was not there when the men cleared—I left an inventory there myself, which I signed—the men left an old painting worth about 9d.; it was knocked down at 1s. 6d.—I went and fetched it away.
ALBERT GEORGE MORRIS . I am agent to Mr. Bailey, the landlord of 3, Scarsdale Terrace, Melbourne Grove, Dulwich—this is an agreement dated 8th November, 1882, between him and Johnson for letting that house—I don't know that Johnson, entered into possession—he paid no rent—Mr. Bailey is landord of Lidcote Terrace, which was let to Barnes—I never heard that Russell, Vicary, and Co. were the landlords of that house.
Cross-examined by Robinson. On the morning of the distraint you came and said you had no money at home, and would have to go to London for it—I did not give you time to go.
Cross-examined by Johnson. Thomas was sub-agent under me; he told me he let you the premises, and you paid 10s. deposit, and I saw that in his accounts—the rent was to commence from Christmas—I do not know that in December, 1882, the premises were transferred from you to Robinson—Thomas would not have power to transfer them—I cannot say he did not do so.
Cross-examined by Wells. I had no office—Thomas had one with his name up just outside the station, and published property to let in the neighbourhood—Thomas should introduce those people to me, but did not do so—I called a great number of times for the rent for 5, Lidcote Terrace—the water was put on within two or three days of your and Barnes's ocoupation—I believe Barnes, or some one representing him, paid the waterrate in advance; not for laying it on—I don't know that Thomas said he would find Barnes a house on account of some unpleasant neighbours—he said he would undertake to get rid of Barnes.
By the COURT. I tried all I could to get rid of Barnes, and could not do so—I suggested that the deposit should be given back to get rid of him.
—eaich of the six floors commences with No. 1—in March, 1883, two rooms, 1 and 2 on the ground floor, were let to Thomas Allen, insurance broker, for three years—he paid his rent up to December, 1883; after then he only came once a month—Allen's sons came there once or twice—I saw Danaford there continuously in Aljen's offices—I should think he was employed by Allen—about October Allen applied to me to transfer his agreement to Danaford—before I gave a final answer one of these circulars was given to me by a tenant—I spoke to Danaford about it, and pointed out the objection to money-lending transactions and that sort of thing, and told him he must stop the distribution of these circulars or I should not let him into the building—that was before the end of November—Danaford said he would not send out any more, and his name merely was put up on the glass door leading to room No. 1—Mr. Allen had a right to allow that.
Crass-examined by MR. METCALFE. I am not certain if Allen had the option of giving up the rooms by three months' notice—I should say Danaford was there every day—I don't know what arrangement there was between himself and Allen.
L. F. BRUNNER (Re-examined). To the best of my belief the letter of April 5, 1883, headed "R. May, Ridley Koad, Daiston," and giving a reference to Vandam and the Cripplegate Bank, is in Johnson's handwriting.
Cross-examined by MR. FLEMING. I have seen him write two or three times or more—I am prepared to swear it is his.
Cross-examined by Johnson. I saw you write at Broad Street Station—I have never seen May write.
ROBERT WALTER BACON . I knew Richard White in business as a provision merchant at Fonder's End in August, 1882—I am a general business agent—I assisted White in some County Court proceedings; he sued in the name of A. White—these three letters are in his writing from Redburn Terrace, July, 1882; they are signed "A. White"—this is a judgment summons for goods supplied to White, 17l. in value, from Somersetshire—an execution was put in and the money not paid—he went from Ponder's End to Leytonstone, and after he left there he had part of a stall in Columbia Market; Seagar had the other half—I have seen White engaged in selling things at that stall—he asked me to lend him money on a case of Swiss mill, offering to leave the milk with me as security; I do not think I saw the case; I did not lend him money on it—that was last year—White brought Robinson to my office somewhere about that time and said he was a man he was doing business with who might require small advances from time to time—he gave his address as Tyssen Place, Northwall Road, Clapton—he said Robinson was bringing an action against Mr. Bailey for illegal distraint, and asked my opinion—Johnson was introduced to me about the same time by White in Robinson's presence—at the next interview with Robinson this agreement was shown to me, it is dated 14th November, 1882, between Johnson, of Champion Hill, and Robinson, of Scarsdale Terrace, by which Johnson agrees to sell, and Robinson to buy, the goodwill, &c, of the business carried on by Johnson at 3, Scarsdale Terrace for 30l. y Johnson agreeing to pay all the rent and taxes, and containing a receipt b
for 30l.—White was present; he was not a party to the document—I was called upon to advise on the facts—the action against Bailey was to have been gone on with; it was not—I have lent White and Bobinson money—Robinson gave me papers with regard to Horndon, Driver, Good, and Nolde—I was to see them and try to arrange terms—a man was in possession at Tyssen Place when he gave me these papers—men have been in possession on one or two occasions under an execution and distress for rent—on 21st January I gave to Mr. Nolde my cheque for 5l. on account of Robinson, and promised to pay the balance shortly—I stopped the cheque; it was not met—I know Eden, Danaford, Johnson, Owen, Brown, May, Wells, and Davis—Robinson asked me to draw a bill of exchange on 6th November to be given to a Mr. Graham, and asked me to date it back a month or more—I saw him about to sign the acceptor's name; I cautioned him—he said he had the person's authority, it was an old Mend, and was all right, and he wrote the name of "Thomas Eden" in my presence—the body of the bill is my writing—I handed him money about that time—I did Dot know Eden at that time.
Wednesday, July 2nd.
ROBERT WALTER BACON (Continued). After that we went and saw Eden, and I had several interviews with him—Robinson said Mr. Graham was beginning to make a noise about the bill of exchange, and Eden said Robinson had no business to sign his name unless he had told him beforehand, so that he might be prepared—Robinson said "You gave me authority to sign your name"—Eden denied it—subsequently Eden said he had been shown the bill and had repudiated it—Robinson arid Eden asked me to write to Graham about it—I received this letter from Robinson. (This stated that Bacon could promise Mr. Graham 4l. on Monday for Robinson, and security for the balance of 10l., and that he had better tell about Eden's acceptance as he best could; and that if he were asked questions he had better say that Robinson had lost a horse, and that his housekeeper was ill, and that by that means it might be kept quiet till after the holidays.) He had not lost a horse; I believe his niece was ill—I saw Graham after that—Graham served a writ against Robinson and Eden on 24th Dec., judgment was signed on 18th January—before the execution to levy on the judgment, Robinson asked me to make a bill of sale, and I was present when an agreement for the purchase of the business was made in favour of Mrs. Smith—she paid no money to Robinson—I saw Eden and Robinson eight or ten times about the bill of exchange—I went to Eden's shop at Barnes with Robinson and White in Reeves'e cart on one occasion; two chests of tea were in the cart; we brought another chest of tea away from Eden's shop—Robinson said it was his share of an introduction he gave Eden to a tea firm—on the same occasion I went to Owen's baker's shop, Garratt Lane, Tooting—I had known Owen some time, he had been introduced by White—when at Stamford Hill he put into my hands some County Court, summonses to be attended to—I mentioned that I had come from Eden's shop to Owen's—Owen asked after bis health and so on, and how he was getting on—that same evening the tea we took to Barnes and the chest we took from Barnes, I, Robinson, and White took in a cart to Old Ford and left at Tibbita's shop, a grocer's—Robinson there paid me some money on account of what he
owed me; it was the proceeds of the sale of the tea at Tibbits's—White was there when Eden put into my hands the papers in the action of Marshall against Eden for 13l. 5s. 3d. for cheese—he told me to write to Marshall's solicitors that he was in very bad circumstances just now, as he had lost his furniture under an execution, and he wanted time to pay the money—he also gave me papers in Turnbull's action for 17l., and instructed me to get time also in that—that was on 26th January—all the instructions were given verbally—May was introduced to me at Robinson's shop one evening through White or Brittain—May said he had got the brokers in his shop, and he wanted to borrow some money from Robinson to pay them out if he could—I was with Robinson and White one day when we called at Allen's office, and Robinson introduced me to Danaford—he said he was a sort of general business agent, the same as myself—Danaford asked me if I knew Wells—I said I did not at that time—he said Wells was doing a very large business in Newgate Street, in a very large shop with an extensive rent—Danaford called at my office two or three times after that, and took away groceries from Robinson's shop at Tyssen Place—they were handed to him—no money was paid by Danaford in my presence—I think White mentioned that he had left Columbia Market—I don't recollect Seagars's name being mentioned—I have seen potatoes and apples delivered in Robinson's shop—they remained there for a day or so and then were removed—Robinson said he had a shop in Green Lanes that he let Johnson go in, and that Johnson had got a lot of things there and had not accounted to Robinson for his provisions, and he was going to send the key back by post—White asked me to come to this Court in 1880, when a long firm case was being tried; I saw Hisoock on that occasion.
Cross-examined by Robinson. It was about the 20th October last year when you first came to my office—one or two of my cheques to you I stopped and I said they should not be met unless you paid the money—I swear you did not buy a cob, cart, and harness of Foreman since I knew you—it was about 6th November I drove to Barnes—I don't think you met Graham at my office that day—I recollect your being unwell about that time; I saw you in bed two or three times—you owed me some money and could not pay me.
Cross-examined by MR. HOPKINS. I knew White before he was at Ponder's End—he had a provision shop there; that was not a genuine business, I never said so Before—I lent him money to open that shop, and never had it back—I continued on good terms with him for a long time after that—I was arrested on this charge; the prosecution got at me—White had six or seven children at Ponder's End—they had scarlet fever at Hackney Wick just after they left Ponder's End—he was in my employ at that time; a child died, and I lent money to bury it with—it was a fairly stocked shop at Ponder's End—I first knew White under the name of Housedon four or five years ago, it may have been towards the end of 1881—I am a County Court agent, allowed by the Judge's wbction to practise as agent in the County Court—Mr. Dasent was the Judge at that time—I had the officials' authority—I never pleaded in any County Court, I conducted cases there with the sanction of the solicitor for the plaintiff, Mr. Wisby; I addressed the Court, and may have examined witnesses on behalf of my client's solicitor—I did not receive a penny; I did not send in a bill of costs—I only practise at
other County Courts as agent—my last action was last month or the month before that, at Edmonton; that was an action to recover money from me over a distress, which I refused to pay on the ground that I was indemnified—in December I was defendant in an action at Clerkenwell, in which Mrs. Ambrose wanted to recover money which she alleged was due to her—I was employed as a detective to watch Mrs. Ambrose for the purpose of a divorce; I took rooms opposite to where she lived in Gower Street with Mr. Palmeley—he had a watch to dispose of; I had it with the view to buying it; I did not pawn it, it went back to Mr. Palmeley; I do not think it went to the pawnbroker's in the meantime; I can't deny it—I don't think my brother-in-law pawned the watch, I won't swear he didn't—Mr. Palmeley handed me over some furniture to dispose of; I took it home; I refuse to answer where it is for certain private reasons—I have removed the whole of my furniture and warehoused it—I lost the action at Clerkenwell and am temporarily embarrassed—I did all I wanted to do in Palmeley's house, and then removed—I did not go there to get the watch and furniture, it was to watch Mrs. Ambrose—I then took lodgings at Mrs. Ambrose's place; I did not tell her it was to watch her; I told her my father had died, leaving me 1,500l. a year—I did not ask Louisa Jeffries the servant whether she could tell a good lie—judgment was given against me at Clerkenwell; I had leave to appeal—the amount was for 22l. 18s., judgment was for 19l., I had paid 3s. 18s. into Court—in a case like that it is part of my business to tell lies and be deceptive, I should have lost the suit if I had told the truth—I did not go without paying my rent—I did not get receipts for it as I ought to have done—I did not put the furniture into a place of safety until after the last appeal—a few years ago I was a house, estate, and general business agent in the name of R. W. Bacon and Co.; I had a partner, Mr. Warner—debt-collecting is part of my general agency—everything was fish that came to my net; I was a broker to a loan solicitor's, and professional moneylender—I went to levy when I received instructions to do so—I took a van and took the debtors things—we take the usual scale of fees allowed by the law—I have charged in some cases five guineas for a levy, and 3s. 6d. for a warrant, 5s. per man, and whatever we have to pay for a van—that would be 3l. 6s. when we levied for 6l. and so on in proportion—that was before the Bills of Sale Act—I left Hackney to open a branch business at Tottenham about two years ago—I knew White some time before that, when I distrained his goods under a bill of sale—that was on August 17th, 1881, in the name of Walter Housedon—that was when I first knew him—I came to this Court with him about a long firm case in 1880, when Whitehead and others were charged—I left Edmonton on 19th April, 1884, after I was arrested—I took an office at 30, Great St. Helens, Bishopsgate Street, before that, and there lost a lot of money over some of the prisoners—I had the address at Hackney at the same time, I did not live there—Warner, my partner, was the law stationer, Wiseby was the solicitor, he was not part of the firm—Mr. Noughts prosecuted me because I stocked a shop and took back my own property—I had three addresses, Hackney, Edmonton, and Great St. Helen's—I didn't pay rent at Hackney, it was my mother's house—that is not my private address, I object to give that—I have an office at 9, St. Thomas's Place, Hackney—I don't wish to give my private address, because of the costs of the civil action—my
then solicitor, Mr. Tiddyman, will be paid every farthing—I don't know why Wieby's name is not in the Law List—I anticipated taking C. V. George into partnership; I did not advertise in his name, I don't know what he did—I stood security for 15l. for him and have paid some of it—I was only with him 10 days—I don't think he had any business, a public accountant was the principal thing—I don't think he was a money-lender—Moore is my creditor, I did not send George there—we did not get 5l. from Dr. Smith—I gave Wisby permission to put his name on my door—I have not practised at the County Court as a solicitor, I have addressed the Court as agent—I don't know that Mr. Avory called the Judge's attention to my illegal practising as a solicitor—I once signed Mr. Wisby's name on the County Court Rolls with his permission—I acted as Mr. Green hill's clerk some time ago, I never practised for him—White of Tottenham had a judgment against me on which the County Court Judge ordered me to prosecute him here for perjury—Mr. White got off through the County Court Judge not being here to prove what was sworn in Court—the prisoner White told me he had part of a stall in Columbia Market; it was a long stall, and White had the back and Seager the front, there are no names on the stalls—White was one of the first retail dealers to leave the market, he did so about October when he joined Robinson, it might have been September—I saw some milk, but I don't know where—I see by my call book White called on me on 20th October and said he was doing business with Robinson of Tyssen Place—he was with him two or three months—I don't know if he was in Robinson's employ, he worked on half profits with Robinson—I have seen them casting up their accounts at Tyssen Place—I saw them at the end of October—some potatoes came to Tyeseft Place, and Seager had them from Robinson and White—White got the money and accounted for it to Robinson, and they had half each—Robinson was bringing an action for illegal distress, and White brought Robinson to me that I might assist him.
Cross-examined by Robinson. I got you to accept a bill of exchange when I wanted to pay these costs—I did not take you to Bond Court the morning you were arrested.
Cross-examined by MR. METCSALEF. I made an appointment at the Marlborough public-house with Danaford the day he was arrested—I had made a communication to the police at that time; I was not acting as a spy, I was asked to give in an account—I knew nothing of the police when we met, it was after that that the police saw me—I wrote to Danaford to meet me on the Monday, but I could not keep the appointment because the police intervened—I met him on the day he was taken in custody in Finsbury Square, I left him in a public-house—I was taken in custody till they knew who I was, it was not as a kind of sham—I had not been in communication with the police all along—they did not take me in custody with Danaford, they said I had better come with them, I had been taken before with Robinson and White—I had no idea of the police when I wrote to Danaford to meet me and bring the money he owed me—he did not bring it—I have seen Danaford take groceries away from Robinson's shop on several occasions—I swear no money passed in my presence, I should say it could not have passed without my seeing it.
Cross-examined by Johnson. I have only been in your company once at
the Afarlborough, and once at Clapton—you were not present when Robinson gave me instructions in Bailey's matter—I never saw you connected with any of White's or Eden's businesses—you did not employ me—I lost no money by you.
By MR. METCALFE. I go by the name of Clay for private inquiries—I have only seen Danaford with Robinson and White at the public-house.
Cross-examined by Browne. I never saw him with you.
Cross-examined by MR. BAYLISS. We stayed at Owen's shop about half an hour when Robinson, White, and I went in a dog cart from Eden's shop—none of the tea was left at Owen's shop—no customers were in. the shop—there was a little stock—I might have asked Owen to become security for me for 100l.—Owen spoke to his landlord about letting a shop in Garratt Lane to a gentleman with me—I told Owen I should probably go into partnership with him—Owen promised to mention the matter; nothing came of it.
Cross-examined by MR. FLEMING. I have seen Davis once or twice, once with White at the Shades, London Bridge—I saw May once in the Marlborough Arms and once in Robinson's shop.
Cross-examined by Wells. I swore at the police-court that on 18th January Robinson pointed you out to me as we were passing 122, Newgate Street on an omnibus—that was the first time I saw you, it was about the same time that I saw Danaford—shortly afterwards I saw you at the Cannon in Cannon Street.
Re-examined by MR. BESLEY. I had given no information for the purpose of having the men taken into custody before I was taken myself—I was with Robinson and White when they were taken, and was taken myself—I was discharged that day and tola I should be served with a subpoena to attend here—on the 29th Danaford was arrested at the same place by another officer, who did not know me, and I was detained till the other officer came—I find by the Sessions Paper it was on 13th January, 1883, that I came to this Court with White—these letters are in White's writing. (The one dated March, 1883, requested that a sack of potatoes might be sent, for which a P.O.O. would be remitted; and that of 13th June, 1883, stated that application had been received from Bingham and Co. for the amount of their account; that having been called upon to pay money which he had become security for to a friend, he could not do so at once, but that if time were given he could pay 20s. in the pound, but if not he mud stop altogether.)
HENRY JENMAN (Police Sergeant N). At the end of April, 1883, or the beginning of May, I knew May—he had a shop at 5, Ridley Road, Daleton, on which I kept observation—it had been closed for over a year before that—the name of the former tenant remained over the door—it had been an oilshop, and when they had it it seemed a kind of general shop—some days it was well stocked, and other days quite clear—very little business was done there, I saw very few customers there—I saw May there—Johnson used to be there almost daily at the latter end of April writing in the back parlour, you could see right through—I saw him in the shop too—I spoke to my inspector about it on the 7th—on the 24th there was a fire at the back premises—I saw May, Johnson, and I believe Davis and Danaford leave the shop together—at one time I saw a cart go away loaded with parcels—I was in
the neighbourhood and kept observation as I passed till May had gone.
Cross-examined by MR. METCALFE. I did not hear Reed say at the police-court that he was the man that drove up.
Cross-examined by Johnson. I am not aware you were lodging on the premises with May—it is a corner shop and the parlour door is in the centre of the party wall—you can see right through into the shop parlour through the shop door at the corner—there is also a private entrance—I could only see one door at the back of the shop; the goods are piled up—I do not know what you were writing.
Cross-examined by MR. FLEMING. I saw him writing from the street, there was no concealment about his being there—I was told to keep observation on the shop—I followed the cart I saw leave, but I had no power to stop it—I saw Johnson and May follow it in an omnibus—the cart went in the direction of Shoreditch—I do not know who drove, it was not May or Johnson—I do not know that May is subject to epilepsy and a feeble old man—I have not seen him write, I do not know that Johnson helped him because he was too old to write himself.
Cross-examined by Johnson. I said at the police-court I believed Danaford drove the cart, I never swore I saw you driving it.
JAMES ARMSTRONG (Police Sergeant N). I live near 5, Ridley Road, Dalston—several times in April I noticed that shop—I have seen May and Johnson there nearly daily during April and May—I have seen Davis there once or twice a week—I have noticed the shop filled with goods, they came in one day and were taken away the next by a pony and cart—Davis and May used to meet at the Ridley Arms with a chestnut pony and small two-wheeled cart—I have seen Johnson, May, and Davis there.
Cross-examined by MR. FLEMING. I made a communication to my inspector that these men were not doing a bond-fide business, and was instructed to watch the place.
LANGRISH (Inspector Detective Police). In October, 1882, I had knowledge of Eaton being at the address Canal Road, Kingsland—I did not see. him at that time—Johnson I knew as of Grove Terrace, Champion Hill—I did not know him at all.
GEORGE HARVEY (Police Sergeant M). In August, 1880, I was a witness in the prosecution against William Farrington for long firm frauds; he was tried here, convicted, and sentenced to eighteen months' hard labour (See vol. XCII., p. 517)—Hiscock was in court during the trial, and when Farrington was convicted.
Cross-examined by MR. FOOKES. I have known Hiscock since 29th September, 1879, when I followed him all day.
THOMAS GLASS (Police Inspector N). On 28th January I was with Sergeants Helson and Summers, and saw Robinson, May, and Eden at the Marlborough public-house—I watched them for some little time—Eden left and was followed by Helson, who a little while after came back to me outside the Marlborough, and I then went with him inside and found Robinson, White, and Bacon—I told White he would be charged with conspiring with others to defraud certain persons, and I mentioned Housedon of Clapton—White went in the corner where he was standing at the front of the bar, put his hand into his jacket pocket and tried to get some papers out—I seized them and found nine letters dated 28th
January ready for posting, addressed to several people in the provinces inquiring about goods, written on Robinson's billheads, and signed by Robinson—I have since ascertained that they are in White's writing; also four memorandum books containing 303 names and addresses of people residing all over England; amongst them are Freeman, of Thirsk, hams; Newett, of Rugby, potatoes; Hurst, of Hull, potatoes; Cotten-ham, of Olney, honey; Heath, of Newbury, potatoes; Osborne, of Tunbridge Wells, apples; also a number of other papers and letters addressed to J. Robinson from different parts of the country asking for money and threatening proceedings; also a list of cheesemongers' shops to be let in London; Rudelhoofs card, the firm for which Davis was travelling, Haydon's and Browne's address, were all found on WhiteBacon was arrested but released—on 2nd February I went to 12, Market Place, Stamford Hill, where I found Johnson bidding his wife good-bye—I found on him some clean cuffs and collars and a bag—I told him the charge, he made no reply—I found Stubbins, one of the defendants not in custody, at the shop—in the parlour I found a book, the writing in which I have compared with some of the orders to Milman, of Ifracombe; it is the same, there is no doubt about it—I also found about twenty empty tea-cheats, one of them containing tea, five of them were numbered consecutively—on the counter, where everybody could see them, was a ledger, cash-book, and day-book; there was nothing in them—there was very little stock in the shop—I found no Khoosh bitters—on 26th February I went to Birmingham with Helson, and there found Davis and Reed in charge—Reed is no longer a defendant—I told Davis the charge, and mentioned the other persons in custody—we went to a lodging-house, where Davis said he had been lodging in the name of James—at his request I took him to the post-office, where he claimed a letter which contained an order for 1s., and a note signed H. May—on 30th April, after the remand, Reed's wife gave me two letters, which I have compared, and have no doubt are in Wells's writing. (In this he stated that he hoped to he liberated, and could send letters through Owen; that he did not know the man who came from Young, who told him the things had been received at Wackara's; he inquired whether the police knew he had them, and about the refrigerator, though he did not believe they had anything to do with his case; he said that Wackard, if he came to Court, could do him either harm or good as he thought fit; that he wanted the dates when he went to and left Glo'ster Street, Lewisham, and Red Lion Row, Southampton Row, and Newgate Street, as during those dates nothing could be brought against him)—on the top is written "Barnes and Price are much wanted." (The other letter, dated April 22nd, asked him to get Davis and Vulliamy, of Newgate Street, to produce a letter saying they never gave a reference, and stated that he wanted to make out on his trial that he had used the yard and stable at Red Lion Yard, and that the landlord there knew him as a builder and contractor, and that he did not stop there much; that Robinson really had nothing to do with him, and that he only gave him references for his shop; that the prosecution Wanted to lead the Jury to believe he was not a builder in a position to give reference, but that he should produce sufficient to lead them to a different line of thought)—one address is Mrs. Westaby, and the other Cowdry, 4, Brunswick street—at Johnson's shop I took possession, of a
book containing entries of daily takings, which averaged about 10s. from 24th November—I also found a list of goods supplied, January 21st and February 1st, to Mrs. Corbie and Kichard May.
Cross-examined by MR. HOPKINS. Reed was arrested with Davis on 26th February, and was before the Magistrate six or seven times, and then was dismissed on the last remand, about April or May, in consequence of statements he made, and which I took down and sent to the Treasury, and he was made a witness—White's hand was nearly out of his pocket when I seized it—I had to pull it pretty hard to get them out—I did not notice his handkerchief in the pocket—it was a small compartment they were in; no one else was there in connection with this case—both I and Helson went up to them in the corner—it would not have been impossible for him to get rid of the papers, he was leaning over the counter with the papers over it like that—he had not just drunk some beer and put his hand into his pocket for a handkerchief—I don't know that White wrote all the letters at Robinson's dictation—I do not think they were in answer to Exchange and Mart advertisements—Summers searched White's house.
Cross-examined by Eden. I saw you leave the Marlborough—I don't know who left with you; you were not there when Bacon was.
By the JURY The Marlborough is about 150 yards from Great St. Helens, in the City.
Cross-examined by Johnson. I came to 12, Market Place, St. Ann's Road, between 8 and 9 o'clock on 2nd February; I did not enter the shop till later—I had no warrant—Helson and McKenzie were there; they had no warrant—I took you on my own authority—it is not considered legal, but it is often done—I searched you; you had a paper bag and a pocket-book, which Helson has—there were a set of account books at the back of the shop on the shelf behind the counter—Helson has some other books taken from your place—I have a memorandum of the chest of tea and other things taken away from your place—I acted on correspondence I had from Mr. Elias and different people—Elias did not write, to me—I had information from Brunner and Wilkinson and others—I saw a set of harness at your shop—this book does not say that the entries in it are of your takings—they are in Mrs. Roper's writing—the writing on the envelope is similar I believe—your cards describe you as "J. W. Johnson, grocer." on the back; and on the front "Agent for W. and A. Gilbey, wine merchants"—I did not inquire of W. and A Gilbey—I don't suppose I should keep a heavy stock in a shop in a neighbourhood of that kind; there was very little—I don't remember your asking Helson at the police-court if you had ever been charged before and his answering "No"—I will swear I did not get up and say "Yes;" I said I believed you had previously been in custody for something—that had nothing to do with getting the various remands—I never spoke to you about what you were going to do about giving information—I did not say "Who is Dick White? No, I mean May."
Cross-examined by MR. FLEMING. When I took Davis he voluntarily told me he had been living at a lodging-house with Reed in the names of names and Davenport—he did not say he was on the way to see his father, who was ill—there was something about his father being ill in a letter he got. (The letter was dated 4th February, and was addressed to the Bull Coffee-house, Birmingham.) That was not where he was lodging—it
was not a place very easily found if one did not know Birmingham well—I do not know that the police use the house.
Re-examined. All the letters found on White order goods—one suggests that as a person wants a dairyman he may have goods to dispose of—this letter to Davis, addressed to the coffee-house, had first been delivered to him.
Cross-examined by Wells. The letters purporting to be written by you are not signed—Reed's wife gave me the letters on April 30; I don't know how she got them—he gave me information about three weeks before he was discharged—I had no communication with Mrs. Reed between the 22nd and the 30th—she was at the Court on both those days.
By MR. BESLEY. The letter "Barnes and Price are much wanted" is signed "H. Wells"—I have no doubt whatever about its being in Wells' writing.
Cross-examined by Johnson. I received this order through Clarke, our traveller—it came by post and was for a month's credit—the whole order was for 6l.; the books alone came to 30s.—the account would be due about the middle of February—I knew you were in custody and therefore did not apply—I have no doubt the order would be inquired into by our traveller.
Re-examined. On 22nd January an order was sent to us in the name of Stubbins, 1, Gordon Terrace—the goods were supplied there to the amount of 1l. 2s. 5d.—they were not paid for.
JOSEPH HELSON (Sergeant N). In December last I went to 39, Green Lanes on different occasions—the shop was apparently unoccupied, no name was up, and no business was being done—on 28th January, 1884, I kept observation on the Marlborough public-house, Bishopsgate Street, with Inspector Glass and Summers; I saw Robin sod, Eden, and May there—I saw Eden and Robinson leave; I followed Eden and took him in custody in Cannon Street—I said "We are police-officers, and are going to arrest you for being concerned with Robinson and others whom you have just left in obtaining goods from various persons in different parts of the country"—he said "I don't understand what you mean"—I said "I can't enter into the details with you; I must send you to the police-station with this officer"—I sent him with Summers, and I returned to the Marlborough and took White, Robinson, and Bacon in charge—when in the cab Robinson said to White in a low tone, "Mum's the word"—I afterwards searched Robinson—I found 30 letters from persons in the country referring to goods to be supplied, or which had been supplied, or else for money; they extended principally from November to 28th January—I also found one of May's cards, 70, Monier Road, Victoria Park, two bills of exchange in blank, and also an acceptance drawn in favour of Freeman, letters from Coxwell, and an invoice from I' Anson, and other matters—I went to the shop, Princes Terrace. Waltham Cross, with Inspector Glass on 29th January—we found a Sheriff's officer in possession, the shop shut, and no name over the door—I went to Tyssen Place that night; it was shut up, and the Sheriff's officer in possession—on 29th January I saw Danaiord at
Hoxton Police-station; I read the warrant to him; he said, "I don't know anything about the conspiracy"—I said, "We have a number of documents in your handwriting where you have given references to Robinson, and in one case have become security for him"—he said "My handwriting?"—I said, "Well, signed in your name"—he said "Well, if they are in my handwriting where is the stamp of the office on them?"—I said, "These have the stamp '1 and 2, Lonsdale Chambers' on them"—he said, "In that case it is my handwriting on them"—I found no money on Danaford—on 1st February I saw Seagar; I arrested him on 4th March—I showed him these documents; one is a receipt signed by R. White, "Received of Mr. Seagar 2l. on account of potatoes," and this is a card, "Mr. Thomas Lee, solicitor," who defended some of the prisoners in the early part of the case, "received on Robinson's account 2l"—this is a railway advice note which also contains a receipt for 1l. 2s. for the carriage of potatoes—on 4th February I took Hisoock in custody at his residence at 55, Lenthorne Road, Dalston—I told him he would be charged with Robinson, Johnson, and others with conspiracy to defraud—he said, "My God, you don't mean that? I have done no wrong"—on 21st February I took Waters at his shop, 57, Kender Street, New Cross—I told him I should arrest him on a warrant charging him with conspiracy with Robinson, Hiscock, and others to defraud—he said, "I know Hiscock, I don't know the others; I have had tea through Hiscock, and have not paid for it"—I said, "You have some Khoosh bitters here?"—he said, "Yes, Hiscock was very pressing with them, but I told him I should never sell them here, but then Hiscock said, 'You might do me a turn, I can do with the commission,' and I then allowed him to sold them in"—there were three cases in the shop; he said, "It is of no use to me, I wrote to the company yesterday to take them back"—Mrs. Waters said in his presence, "You have not sold a bottle, but have given a bottle or two away"—it was a small chandler's shop in a poor neighbourhood—there were no account books there; I found a number of papers—on 25th February I took Owen in a street at the corner of London Wall—I told him he would be charged with conspiring with Robinson and others in custody to defraud—he said, "I have not conspired with anybody, I have given Robinson a reference, I thought he was doing well, I don't attach any importance to this, I can clear myself"—I afterwards went to his shop at Keswick Terrace, Garratt Lane, Tooting—there were some papers, and Khoosh bitters in the window there; I found some accounts and invoices of Freeman, of Battersea—I next went with Glass to Birmingham, when Davis and Reed were taken—I took May on 17th March at 7, Monier Road, Victoria Park—when he saw me he concealed himself in his shop, which was shut up and dark—I told him he would be charged with being concerned with others in defrauding by conspiracy—he said, "I don't see how I am brought into this, I have looked around this case well, and I don't see how I am implicated, and I don't see why you should take me after all this time; this is all through trying to do other people good; I never gave a reference or made any false pretences; you have got a lot of them, haven't you?"—I said, "Yes, you don't appear to have obtained the Khoosh bitters in your own name?"—he said, "Yes, I did, Freddy Hiscock knew my name"—I said, "They are booked to you in the name of Sparks"—he said, "Oh, that was a lodger of mine, I had mine at the
other shop at Ridley Road"—there was no name over the shop; the gas was shut off; I could not find any goods and very few, papers, no tea nor Khoosh bitters—I went to Stubbins's shop in Gordon Terrace, Walthamstow—it had never been fitted up; some attempt had been made at it with boards from egg-boxes—on 3rd March I apprehended Wells at 2, Stanley Villas, Wilmot Road, Leyton, where I went to inquire after Price; Wells opened the door—after some conversation he said he was a lodger there and his name was Westaby—he said Price was not in, but we found him there, and he was taken on another charge—Price has had penal servitude before—I saw some chairs and tables there, similar to these obtained from Mr. Palmer, being packed up for removal—I saw a hamper bearing the name of Tebbutt, of Melton Mowbray—Price gave me this letter in pencil of 11th March, which is in similar writing to that identified by Wells; this was addressed to Price at Mrs. Westaby's, Theobald's Road (This asked him to get rid of Tebbutt's hamper and the glass dishes, and to know nothing about them and stated that there was nothing against himself; that lie had given Robinson a reference in August, and that Danaford had given him [Wells] one, but not till he was in receipt of goods, and that was the only case against him of conspiracy,)—I made a list of the documents found on Robinson—there was a letter from Davey, of Bedford, offering to forward fowls. (A list of the prisoners and of other men who had obtained goods, and their addresses, which was found upon Robinson, was here read.) In visiting the different shops and making inquiries I have found no other account books but these produced; there were none at Tyssen Place; Owen had some.
Cross-examined by MR. HOPKINS. Summers took possession of the papers found at White's house—White made no reply when Robinson said "Mum's the word"—at Birmingham, Reed when taken in custody asked who was going to give evidence—I told him amongst others Mr. Butcher—he said "That is right enough, I did not send any orders from him, but if they know where you are, if once you are in the school, if you don't send them any goods they will write to you and pretend you have not sent in their orders"—Reed was kept in custody till the last remand but one.
Cross-examined by Eden. I did not mention your name when I stopped you in Cannon Street—you made no admission—I did not show you any warrant, I mentioned the name of Robinson and Milman to you, I left you at once in Summers' custody.
Cross-examined by MR. METCALFE. I have had charge of the case under Glass—it went on before the Magistrate from 29th January until the committal—there was one hearing a week and two hearings a week"—they lasted sometimes three-quarters of an hour and sometimes three hours—I don't know who took Danaford.
Cross-examined by Robinson. I might have gone with one of the men who arrested you—I can't tell if the Magistrate asked if you had been charged before, I should have said "Not to my knowledge"—I did not hear Glass say you had—samples were taken of things from your house, I can't tell if a memorandum was made—I went over the house with Simmons, who was living there with you—I think the gas was alight when I came, the shop was fitted up properly, the stock was very limited as far as I know—I never saw you at Wenman's shop, Holloway Road, I kept watch on that occasion—I never saw the shop open or any one
there till the week after Christmas, and then I never saw a man in the shop.
Cross-examined by MR. FOOKES. I arrested Hiscock at his own address—I believe he has lived there 18 months—I wrote this note within an hour of the conversation—I never caution a prisoner.
Cross-examined by MR. BAYLISS His name was over the door—it was a large side shop in which an enormous business could be done—it was open and the gas alight—I never saw a customer in it—I have been inside it and outside it several times, generally when it has been dark from 5 till 9 or 10 o'clock at night; the bread was mostly sold at that time—I took possession of these documents—they are bills paid and unpaid—the paid bills represent altogether a little under 800l. and represent business done since 1882; the unpaid bills represent about 68l.—there were more bills on the file labelled receipted, they were stamped and receipted—in this book the earliest reference to Owen is, I think, in in 1880, and the next is on the page headed May 8th, 1882, 2, Caroline Terrace, Stamford Hill, and the next after that is May 8th, 1883.
Cross-examined by MR. FLEMING. I have not been able to obtain any confirmation of the truth of May's statement that Sparkes was his lodger—I have no knowledge on the matter.
Cross-examined by Wells. Day was with me when I took you on 3rd March about 8.15. p.m.—his business was to identify Price and act on my instructions—there was a warrant against Price, I was not present when he was brought up, I believe he was discharged—I had no idea I should find you at Stanley Villas—Price gave me the letter as soon as he arrived at the police-court, when I told him I should search him—when I asked you you said your name was Westaby, and I asked "Who is this female?" and you said "This is my wife"—I had been in Price's company a dozen times previous to your arrest; I should arrest him if I could find him, he is implicated in this charge—he is on ticket-of-leave and failed to report himself.
Re-examined. We had only one hearing a week at the police-court till all the prisoners were in custody, and then two or three—when May was brought in the evidence had to be read over again.
JOHN SUMMERS . In company with Glass and Helson I went to the Marlborough and then followed Eden down Cannon Street and saw Helson arrest him—I took him to Stoke Newington Police-station and had him in charge from the time he was taken into custody till he was searched—I found several letters on him—on the way he said to me "I don't understand this; what constitutes a fraud?"—I said "You have conspired with others and obtained goods from Ilfracombe and other parts of the country"—he said "Yes, I know I have, but I intended to pay for them"—I found on him a few shillings and a letter from Robinson. (This was dated 25th January, and stated that he should like to see Eden at the Marlborough any day at 12 or 12.30.) I went to Robinson's shop at Tyssen Place—I found a broker's man in possession; I searched it and have got the papers I found there—I found a small quantity of stock, a few eggs, tea, sugar, butter, and empty butter tubs, tea chests, and tinned beef tins—the furniture was of very small value—in the back room two old chairs and a deal table, and in the bedroom two beds on the floor—I found no Khoosh bitters or potato sacks—on 29th January I went to Eden's shop, 5, Railway Street, Barnes, where I found 25 lb.
of butter, some eggs, and some tins of "Baby brand" milk, and a very small amount of stock—in the back parlour were two boxes standing on, their ends and a board along the top for a table, with boxes round as if for sitting on—the place was not very nice—I went to Danaford's office, 136, Grove Road, Bow, where I found a number of papers relating to the Carlton Loan Office; it was a furnished room at 2s. a week—I went to 10, Bend Street, Homerton, where Danaford occupied two rooms—the furniture there was worth 30s.—I went to Whites residence, Forest Gate, on 30th January—in the washhouse I found several sacks with the name "J. Hurst, 72, Humber Street, Hull," on them, half filled with potatoes, and five live fowls—on 13th February I went to Burlington House, Twickenham, Eden's last address; no name was up there—I got through the window and found 70 tins of the "Baby brand" milk, four empty tea chests, hampers, and butter tubs and boxes, a small quantity of tea, currants, and raisins—the place was very dirty and soiled all over—I was present on 25th February when McKenzie took Browne, of 76, Mansfield Road, Gospel Oak, in custody—that was a good-sized shop—a broker's man was in possession of it—I found Khoosh bitters pamphlets there, three butter tubs filled with ashes, two cheese boxes filled with saw-dust, and two tins of "Baby brand" milk—I should not like to give more than 8l. for the furniture there—I saw mo pony and cart—at Browne's shop I found a new day-book and ledger without entries—amongst Danaford's papers I found one of 28th January for 4s. for printing supplied a long time before; this is a specimen of the papers found there—I did not go to Lonsdale Chambers—I found at Danaford's office, 136, Grove Road, this document headed." 122, Newgate Street:" (This was a letter stating that Tebbut had hem referred to him.) and this letter:" I should like to know your objection to me for a faw pounds. How is it you did not send me the 6d?"
Cross-examined by MR. METCALFE. I nave made no inquiries at the Carlton Bank about Danaford; I did not know he was connected with it till he was arrested, I found some letters there connected with that Bank—I have a doubt whether some inquiries I found at his office relate to the Carlton Bank from inquiries I have—made I know nothing of the bank.
Cross-examined by MR. HOPKINS. The fowls are in charge of the police—these ere the only documents found at White's; some of them are stamped receipts; they are all in 1883—I did not see a bill file there—I left the bills there.
Cross-examined by Eden. I did not hear what was said in Cannon Street; I asked you nothing—I made no inquiries about the utensils and fixtures in your Twickenham shop—I went to a place in the New Cut where they came from—they said they had not served you—I found a rent-book at your shop—your shops were well stocked with empties, placed in such a way as to induce the belief that they were full.
ROBERT MCKENZIE (Police Sergeant). At 9.10 on 25th February I went with Summers to 76, Mansfield Road and took Browne in the road—I told him I should take him for being concerned with Robinson, Eden, Johnson, and others in fraud—he said "Come over to my shop"—I went there with Summers—Browne said "I have had some tea and bitters, butter, and other things, and I intended to pay when I could; I have had a deal of trouble lately"—I took him to the station—I searched
the shop; there was very little stock there; some tubs full of ashes and sawdust—a man was in possession for rent—no money was found on Browne.
FREDERICK ABERLINE (Inspector H). In September, 1883, I was present when Tibbs, of 49, John Street, and nine or ten others were convicted of fraud at this Court—he was sentenced to eighteen months; and I arrested Tibbits on 2nd February this year for receiving stolen property; he was sentenced to five years' penal servitude at Middlesex Sessions.
Cross-examined by MR. HOPKINS. All the nine or ten were not convicted, Tibbs was.
EDWIN VICARY (Re-examined by Wells). My left hand was in a sling about 25th August—when I received a letter from Davis, of Vulliamy's—I have no recollection of asking Clarke, a tenant of nine at that time, to scribble a note and answer an application—Mr. Young used to do my writing—I should not think Clarke wrote this letter; if so I should have signed it—during the time you were at Red Lion Yard I had no application from any one—I always thought you were a respectable person till the time of the Newgate Street affair—I didn't know you were connected with the builders.
By MR. BESLEY. If I had answered the letter I should have answered it in these words, which speak very highly of Wells, because at that time I knew no harm of him—he owed me 15l. which I had lent him there, the rent was not payable at that time, he had to pay weekly—I represent the Wackett in the firm of Russell, Vicary, and Wackett—I should not have said he was in possession of 5, Lidcote Terrace if I had been asked—if Clarke had written this in reference to Lidcote Terrace I should not have allowed it to have been sent.
R. W. BACON (Re-examined). The acceptance across this blank bill found on Robinson, is White's.
C. P. DAVIS (Re-examined by Wells). I swear you said nothing about giving up the idea of the place before the agreement was signed when I met you in Cheapside—I wrote to you on September 14th because you promised to come and pay for the agreement and did not—you called on the 15th and I gave you possession of the shop, you were to have the agreement when you paid for it—the place had not the appearance of a restaurant—I took the glass facia out because I heard you used Mr. Nuthall's name to obtain goods.
Eden produced a written defence stating that he had no intention to defraud, but had been unfortunate in business and unable to obtain money, and denied having conspired with the other prisoners.
Robinson in his defence stated that he had not conspired with the other prisoners, but that what orders he gave were in his own name, and that he had been incapacitated by his wife's illness from attending to his business.
Browne in his defence denied having conspired with the other defendants, and repudiated all intention to defraud; he contended that his transactions with the dealers were honest.
Johnson in his defense contended that there was not a single instance of
his having obtained goods by false pretences, and that his transactions had been straightforward and businesslike.
Wells stated that he had done a legitimate business, and that many of the amounts charged in the indictment were not due when he was arrested; that he had finished some houses on which he expected to realise 500l. since he had been in custody, and his whole liabilities did not amount to 35l.
Owen, Hiscock, and Waters received good characters.
ROBINSON, WHITE, EDEN, JOHNSON, HISCOCK., and DAVIS.— GUILTY .— Five Years' Penal Servitude each.
DANAFORD.— GUILTY of conspiracy only. He then
PLEADED GUILTY to a previous conviction of felony in February, 1882, at Winchester.— Eighteen Months' Hard Labour.
BROWN.— GUILTY of false pretences only. — Five Years' Penal Servitude.
OWEN. and WATERS.— GUILTY. Recommended to mercy by the Jury. — Eighteen Months' Hard Labour each.
WELLS.— GUILTY . He was further charged with a previous conviction in March, 1869, at this Court of obtaining goods by false pretences, to which he
PLEADED NOT GUILTY.
GUILTY.**— Eighteen Months' Hard Labour for the conspiracy , and Five Years' Penal Servitude at its expiration for the false pretences.
MAY.— GUILTY . He then
PLEADED GUILTY to a conviction at this Court in May, 1876, of obtaining goods by false pretences.— Eighteen Months' Hard Labour for the conspiracy , and Five Years' Penal Servitude for the false pretences.
The RECORDER commended the conduct of Inspector Glass and the police who had acted with him.
NEW COURT.—Monday, June 30th, 1884.
Before Mr. Common Serjeant.
MESSRS. J.P. GRAIN and AUSTIN METCALFE Prosecuted; MESSRS. KEMP, Q.C., and GEOGHEGAN Defended.
PHILIP THOMAS WENTSALL . I am in the service of Wright and Co., distillers, of Aldersgate Street—on 27th November last I forwarded a hogshead, which I saw filled with 68 gallons of gin, to Addison and Co., Oldham—I saw it branded "John R. Wright, of London, 12,748," and put into our van on the same day—I checked our carman's book and the contents of the van—I had complaints about the non-delivery from Addison—on 23rd May I saw the cask again at Old Street; I identified it as the same by the mark and number of the brand.
ARTHUR JOCELYN . I am carman to Pickford and Co.—on 27th November I received two hogsheads and a puncheon from the Castle Office, consigned to Addison and Co., Oldham—I took them to the Broad Street Goods Station, and left them there in good condition at 1.30.
WILLIAM YATES . I am in the service of Messrs. Addison and Co., wine merchants, Oldham—prior to 27th November we had ordered from Messrs. Wright and Co., of Aldersgate Street, a hogshead of gin—that did not arrive in due course—we received the usual advice note that it had been dispatched.
LEVER. I am in the service of the London and NorthWestern Railway Company at Broad Street—I know the handwriting of Spinks, who was in the service of the company at Broad Street Station—this consignment note is in his writing—he was charged with this forgery.
THOMAS PAYNE . I am in the service of the London and North-Western Railway Company at Harrow—on 28th November I received a hogshead at that station consigned from Kinlay, of Commercial Street to Hill, of Harrow, coming from Broad Street Goods Station—it was delivered to a man giving the name of Hill, who signed this book, which I produce, and took the hogshead away in a four-wheeled cart between 8 and 9 o'clock in the morning.
WILLIAM GEORGE SPINKS . I am a prisoner in Her Majesty's prison, Pentonville—on 27th November I was in the service of the NorthWestern Railway at Broad Street—this consignment note is my writing—I know nothing about the consigner or consignee—the cask represents here went over the water—I went to Harrow in a cart from Hoxton—a man named Davis accompanied me—he goes by the name of Hill—when we got to Harrow Station, Hill fetched the cask out, and it was taken to Fanshaw Street, Hoxton, in the cart, where Davis lives—a man named Pettit took it away—I had seen the prisoner once; he called at Davis's house with Pettit about three weeks before I took the cart there on 28th or 29th November—Pettit drove the cart away; no one went with him that I saw—I saw Pettit two or three times after that, before I was arrested, but not the prisoner.
Cross-examined. When I saw the prisoner again he was in the dock alone, and I knew he was the man against whom I was to appear—I had only seen him once before—Rust was tried with me—so far as I know Pettit has not been tried.
Re-examined. I was examined by a gentleman on behalf of the NorthWestern—it was the gentleman who appeared for the defence who asked me whether I had seen Bartholomew before, not the gentleman from the North-Western.
EDWARD QUINLAN . I am a general dealer, of 20, Artillery Street—I knew Bartholomew when he kept a public-house in Duke Street—I sold him a quarter cask seven, eight, or nine months ago; it was perfectly new—I never sold him a large cask which had been used for gin—the new cask was not branded with any one's name.
Cross-examined. I think I sold him casks shortly before Christmas, 1883—I deal in second-hand casks as well as new; casks come in and I send them away to the cooper's at once; they are sometimes bought for making gin and water, hot water being put in to extract the gin—small casks are put on shelves, but the usual practice is to draw it from a tap.
JOSEPH BRIGHTLING On 24th December I owned the George public-house, West Lane, Bermondsey—this cask was on the premises when I took them, branded with Wright's name; that was before the fire—it contained about 22 gallons of gin when the change took place—it was gauged—the prisoner was there at the change.
Cross-examined. The hogshead was in the cellar, not where anybody could see it, but I had it brought up, and the prisoner knew that.
with two detectives of the London and North-Western Railway to the George public-house, West Lane, Rotherhithe, which had been burnt down, and there saw an empty hogshead marked "J. R. Wright, London, 12748"—I made inquiries, and on 19th May, about 12 o'clock, I followed the prisoner to a third floor in 2, Victoria Street, City, where he was joined by Brightling and Myers—I said "Mr. Myers, you have known me some time as an officer of the City Police; these two gentlemen are from the North-Western Railway, Superintendent Copping and Chief Inspector Pearson, of 3, Railway Place. I understand you have been conducting a, claim respecting the George public-house, Rotherhithe, where there has been a fire; in the ruins of that fire was found a cask which has been identified as having been stolen from the London and North-Western's premises when full of gin, who were you employed by?"—he pointed to Mr. Brightling and said "Mr. Brightling will know all about it"—I said "You having conducted the claim would surely have made inquiries respecting it"—he said "Mr. Brightling told me he purchased the cask with a quantity of gin in it on 24th December last from Mr. Bartholomew, who told me he bought it of a man in Artillery Lane for 10l"—I spoke to Brightling, who said "I bought a cask of gin of you in December"—the prisoner said "I bought the cask with some others of a man at Rotherhithe Wall"—I said "What is his name and address?"—he said "I don't know, but I should know him again; I could show him to you I think"—I said "I have received information from men who are in custody that you purchased it of two men in Artillery Lane, Hogg and Quinlan"—he said "Yes, I bought it with some more about six months ago"—I said "I must ask you to accompany us to Broad Street while we make further inquiries"—we all went to Broad Street—Bartholomew said "The cask was empty when I bought it; I had some gin from the Boot public-house, in Oxford Street, and put in it"—I had a conversation with Quinlan, which was taken down and signed—I went back to Broad Street and told the prisoner the pith of Quinlan's statement—he said "Oh, he forgets; he did not tell you I sold him things"—he was then taken to Old Street Police-station and charged with conspiracy with Rust and others—he said "I don't know the men"—the cask is here.
Cross-examined. The police-station where the fire was reported is a mile and a half from the George public-house—I do not know where the Rotherhithe Police-station is—the words of the conversation were to the effect I have given.
Witnesses for the Defence.
CHARLES BARTLEY . I deal in old casks, and go about the country purchasing them—I have shops at 16, Hunt Street and 313, Schofield Street, and have casks there now—shortly before Christmas, 1883, I inquired of the prisoner for casks—he said that he had none for sale at present, he was a buyer—I told him I had some of all kinds—I sold him an empty hogshead corresponding to the one I saw at the police-court—three casks were delivered at the same time and several people were present—I cannot tell you for certain where I bought it—I bought some of Mr. Baumgarten, of Chertsey, twelve days before Christmas, and it might have come from there.
Cross-examined by MR. GRAIN. I am a master cooper—I buy casks from wine merchants and grocers—I can tell you of grocers who buy hogsheads or puncheons of gin at a time, Bone and Garter, of Chertsey, they are grocers and wine merchants; they have a licence to sell spirits—I keep books; I do not enter my purchases; I enter some of my sales, not all, because I give credit—I don't enter ready-money sales—I never dealt with the prisoner before in empty casks—I called in at the George and I called at the Alfred, which was a public-house at that time and the prisoner kept it, that is where I sold him the cask—I took it there—that is in Brushfield Street, Spitalfields—I do not know Fanshaw Street, Hoxton—Spitalfields and Hoxton are nearly half a mile apart; it would not take long to drive if you can get along—they are on a different side of the water to Rotherhithe—the Alfred looked as if there was a good business going on, and to the best of my knowledge the prisoner was standing at the door—I should not be very much surprised to hear that the Alfred was burnt out in October because I heard of it—the hoarding was round it when I took the cask and people were at work—I do not know that the George was also burnt down, or the Boot; I never heard of the Boot—there were marks on the top of the cask I sold; I did not notice what they were—it wanted repairing—I am not prepared to swear that the cask outside is the one I sold—I sold it twelve or fourteen days before Christmas—we do not make memoranda of those small items; anything large we should book.
Re-examined. To the best of my belief the cask outside is the same.
By the COURT. I do not know what business was going on, I was not inside—I saw people inside—the prisoner was at the door, and I asked him if he had any casks to sell—it is not the custom to obliterate all marks on casks.
JAMES MCCARTY . I am in the Woolwich Militia—I was formerly in the prisoner's service at the Alfred's Head—I know Mr. Brightling—a fortnight before Christmas I went from the Alfred's Head to the George and took three empty casks—the cask which is here is one of them—I went to the Boot public-house in Oxford Street before Christmas to get two 18 gallon casks of gin from the proprietor, who is the prisoner's brother, and took them to the prisoner—I helped to take them into the George—I left the van there, I did not see it emptied.
Cross-examined. I am out for a month's training in the militia—when I am not out training I am a potman—I live at 14, Duke Street, Spitalfields—I was potman to the prisoner at the Alfred when it was burnt down about seven months before Christmas—I left then, but I went back—everybody left it—the place was gutted, the bar and all the contents—I went back a fortnight before Christmas and got the windows cleaned; it was not in working order then—the carpenters and paperhangers were on the premises and no business was being carried on, only to get things ready and to get the gas on—I was there when the prisoner bought the casks—they were put down outside, we could not get them in, they were too big—you sent them for filling in—this cask is similar, it was sent to the George because we could not get it upstairs—I was not at the George when it was burnt down—I know the Boot, Wells Street, Oxford Street, but I never knew that it was burnt down—the prisoner's brother keeps it, and I went there for two casks of gin—the prisoner's brother gave me the order to go, about eight days before Christmas at the Alfred's Head, which was not then open—the counter was
not up, and the governor came round to see how I was getting on with the work—I did not pay for the gin at the Boot, I took a paper there and got the casks—I don't know anything about a permit, I had no printed paper at all—I do not know Michael Foley or Fowler—I know McGwire, he is a friend of my relations, I expect—I don't know where he is—he is not in prison, I don't know whether he has been—he is a working-man—I do not keep company with him and don't know where he lives.
DAVID HUDSON . I am a gas-fitter, of 39, West Lane, Bermondsey—I know the Feathers and the George—I remember three casks being sent to the George about Christmas time, one of which had to be lifted over my premises—it was empty—I saw the same cask afterwards in the George.
Cross-examined. It was lifted over my gate while I was indoors having my tea—I live next door to the George, and was sent for to know if I would allow it to come over my premises, as they could not get it in—I did not go and look at it carefully, it was dark, but there was a lamp at the corner—it was a fortnight before Christmas between 7 and 8 o'clock p.m.—I saw it again two days afterwards when they lifted it back again; it was daylight then, and I saw it in front of the George—I was at the police-court, but was not called—I did not go as a witness, but merely as I was on the sick-list—I do not know Bartley—I know McCarthy—I did not see him at Worship Street—I know that the detectives brought the cask out at the front door without the slightest difficulty, because they were double doors.
Re-examined It could not be put in that way at first because there were two traps in the yard—they got the two little ones in, but not the large one, because the half door was not large enough.
NOT GUILTY . The COMMON SERJEANT stated that the prisoner left the Court without a stain on his character as far as this case was concerned.
MR. TICKELL Prosecuted; MR. MONTAGU WILLIAMS Defended.
THOMAS WILLIAM WEBB . I am a trimming manufacturer, of 12, Ash Grove, Hackney—I engaged the defendant as traveller in November, 1877—I paid him 35s. a week and expenses—it was part of his duty to collect money and hand it over to me directly he came home—in August Messrs. Mitchell, of Aldersgate Street, owed me 7l.—this cheque (produced) is drawn by them for 7l., and dated August 4th, 1883—this endorsement is not mine, and the prisoner only paid me 5l.—he did not pay me 10s. received from Mr. Baker on 7th September, or 10s. from Mr. Baker on 9th November.
Cross-examined. I understand this business—it was the prisoner's originally, and was bought by my father-in-law, Mr. Knott, who continued the prisoner on to manage it—I understood it only a little, but my wife did—I was more acquainted with oils and colours—the prisoner only had a claim against me for one week—he made no claim besides that for wages—he did not say that he had kept the difference between the 5l. and the 7l. for his wages—I first heard of that at Worship Street—he alleged that he had to go to Cardiff, but he had not to pay his own expenses—I gave him 3l. 10s., and he borrowed a sovereign from a customer in
Cardiff—Mrs. Webb has an account of that 3l. 10s., she keeps the books—he was at Cardiff three or four days—I had to pay the expenses of his living there, besides his train fare and his wages—he claimed 7s. for a "large single;" I do not know what that is, but I paid him—he did not say that four weeks were due at 5s. a week, making 1l., but I heard that at Worship Street—I don't remember his saying that the week's salary which came due on 14th July would make it 2l., and another week on 21st July, making it 2l. 5s., nothing of the kind—he has had a small amount of goods of me, but I owe him nothing—on a Saturday in August I went with him to Hillier's, in Kingsland Road, and he brought me out 5l. out of 6l. 18s. 9d.—I did not go with him to Mitchell's—I entered the money he gave me on a piece of paper, and Mrs. Webb entered it in a book—I cannot say whether the 5l. appears in my books, it ought—he brought me 5l. in silver in a bag—I don't remember that he said that he brought it in silver from the bank for the purpose of my paying the wages—I did not charge him at the police-court with embezzling those two sums of 10s.—I did not hear of them till after he was committed for trial, and he had no opportunity of explaining them before the Magistrate.
Re-examined. He was represented by a solicitor at Worship Street—I never heard of these claims before I went to the police-court.
ELIZA WEBB . I am the wife of the last witness—I keep the books—here is an entry of the prisoner's expenses to Cardiff: "Cardiff, 7th January, 2l. 10s.; January 13th, 2l."—the ledger contains the sums paid by him to my husband and myself as received from the customers—this is Messrs. Mitchell's account—here is an entry on 4th August "By cash 5l."—that was copied from a slip of paper—I have no entry of 10s. from Messrs. Baker on September 7th.
Cross-examined. I never paid the prisoner his wages, and do not know what was due to him—I have not got the cash-book here, only the ledger—the entry would go into the ledger from a piece of paper which my husband would write—two or three days might elapse first—the entries in the ledger are not made at the same time.
HENRY MITCHELL . I am one of the firm of Mitchell Brothers, 182, Aldersgate Street—in August last we owed Messrs. Webb 7l., which my brother paid by this cheque (produced), he signed it with the firm's signature, and one of the clerks, I suppose, gave it to the prisoner—I was not there—it would be done on our pay day—it has passed through the bank.
JOSEPH HERRIDGE BAKER . I am a customer of Mr. Webb's and know the prisoner—I paid him 10s. for Mr. Webb—I should not enter it in a book because it was only a temporary matter, but I took his I. O. U. for it; I have not got it here—I have no recollection of the date, but I paid him 10s. about twice—I made him several payments, but I have no document to show them.
The prisoner received a good character.
NOT GUILTY .
736. JOHN SEYMOUR . was again indicted for embezzling 1l. 18s. 9d. and 1l. 5s., the moneys of William Webb, his master; also to feloniously forging and uttering the endorsement to a cheque for 7l., with intent to defraud; on both of which MR. TICKELL offered no evidence.
NOT GUILTY .
NEW COURT.—Tuesday, July 1st, 1884.
Before Mr. Common Serjeant.
MESSRS. MONTAGU WILLIAMS and MORICE Prosecuted.
MARY BISHOP . I am the wife of Charles Bishop, of 11, Raymond Street, Shadwell—on 19th May, about 2.30, I was on my way to 32, Gross Street, and saw five men outside a public-house, the prisoner is one of three who were beating two others—a young man, who is not here, hit me first in my face with his fist, and knocked me in the road; and another said "Why don't you kick her?"—I went into a shop, No. 32; four men followed me in, and I was knocked down in the shop—Mrs. Harries came from behind the counter and picked up a poker while I was lying in the passage, and the prisoner took it from her and struck her on the right side of the head with it; that was the only blow I saw struck on her.
Cross-examined. I had the poker first; they tried to take it from me, and I threw it back into the shop and Mrs. Harries took it up, but she gave it up without the slightest resistance—there was no struggle for it, the prisoner took it from her hand—I got it out of the kitchen and came up with it in my hand—my mother lives in the kitchen, her name is Sullivan.
By the COURT. Mrs. Harries kept the shop, and sold milk, tea, sugar, bread, and butter.
GEORGE PETMAN (Policeman H R 17). On 19th May, about 3.30, I was called to 32, Christian Street—I then went with Jackson to London Terrace, about 300 yards off, found the prisoner, and took him to 32, Christian Street, where I saw the deceased and Mrs. Bishop—the deceased was on the doorstep inside the shop; I did not see anything the matter with her head, but she pointed to the prisoner and said "That is the man who struck me over the head with something"—the prisoner said nothing—I took him to the station—he was drunk, but he knew what he was about.
JOSEPH PETERS (Police Inspector H). I was at the station when the prisoner and Hunt were brought there, charged with violently assaulting Mrs. Harries and Mary Ann Bishop—the prisoner said "You have made a mistake in the men"—he was drunk; he staggered, his speech was affected, and he appeared to have been drinking very heavily—he appeared to know what he was about.
Cross-examined. He did not speak distinctly—I am sure that is what he said—he appeared to understand the situation he was in.
WILLIAM HARRIES . I live at 32, Christian Street—the deceased was my sister, she was 45 years old—I am a milk-seller, and she attended to the shop—on 19th May I came home and found her sitting at the window with her head on her arms—I sent for a doctor—she died on 21st May, about 2 o'clock.
Cross-examined. She was not very strong, but she had been a strong, healthy woman.
DAVID WALTER DOUGLAS . I am a registered medical practitioner, of 406, Commercial Road—on 19th May, between 3 and 4 p.m., I was called to Mrs. Harries, and found her in a very depressed state, suffering
from shock to the system—she was perfectly conscious, but hardly coherent—she complained of pains in her head, and made a statement; in consequence of which I examined it, and found a contusion on the right side, with puffiness about it—I saw her the next day, but not again alive—she died on the 21st—I was not present at the post-mortem—in my opinion the contusion and the puffiness were the result of a blow.
Cross-examined. It was very improbable to arise from a fall considering its position.
Re-examined. I say decidedly that a poker would not produce it; if it had there would have been abrasion of the skin, extravasation of blood, and possibly fracture of the skull.
FREDERICK WILLIAM BLACKWELL . I am a registered medical practitioner, of 100, Commercial Road—on 23rd May I made a post-mortem examination of the body of Mrs. Harries; it was well nourished—there was a slight induration of the left frontal lobe, and an infusion of serum into the left ventricle—the lungs were healthy, but there was an old pleuritic adhesion—the cause of death was serous apoplexy—the effusion of blood into the left ventricle would cause that—a blow on the head would be likely to produce it—it would be possible for her to have a blow on the head without any extravasation of blood, she had a great deal of thick hair—a blow from an instrument like this would bring about apoplexy—I was called in on the 21st while she was alive; she was then comatose from apoplexy, and she never rallied.
Cross-examined. Apoplexy would be produced by any great excitement.
By the COURT. I said in the Court below "I should say the blow would not only accelerate death, but would indirectly cause it," and I say that now—the brain was not in a very healthy state—this poker would be likely to produce the blow.
MESSRS. MONTAGU WILLIAMS and MORICE Prosecuted.
MARY BISHOP . I saw five men fighting; the prisoners are two of them—I called out "Why don't you leave the man alone," and a chap hit me, and then Hunt punched me in the face, and Harris kicked me—I went into the shop and they followed me; Hunt chucked me on my back, they upset all the milk which was in a large pail, and broke the marble slab—I went into the kitchen—I was very much bruised about my body, and got down to the kitchen and stayed there.
Cross-examined by Harris. Reuben Hales was engaged in the assault—he had been shaved, but I positively swore to him—he was remanded for fifteen days and discharged—you kicked me when I was down—I did not go to a doctor, but I feel it now.
Cross-examined by Hunt. I did not use vulgar language—I was poking the fire in the kitchen and took the poker up in my hand—I did not say at the police-court that four men jumped on me—I cannot say whether they jumped on me, because I was on my face and hands, but I got the blow—when the policeman came I went back into the street—when I brought up the poker I do not remember saying "Now let any one of you touch me"—I did not get your thumb in my mouth and bite it.
By the COURT. My body was all black and blue—I never saw the prisoners before.
THOMAS JAMES DILLING . I am a City missionary, of 29, Abbey Street, Bethnal Green—on 19th May, about 2.30 p.m., I was in Christian Street, and saw five men near the Comet public-house in fighting attitudes—Mrs. Bishop said "Why don't you let the man alone, you see he does not want to fight?"—they used abusive language and one not in custody struck her on her face, and she was knocked down and kicked by the others—the two prisoners took part in the assault—she ran into No. 32 and they followed up to the shop door—I fetched a policeman, but the men had gone.
Cross-examined by Hunt. The man is not in custody who struck her first.
JAMES JACKSON (Policeman). I took Hunt—he said "I have been assaulted by a woman in Christian Street"—he complained at the station of being assaulted by Mrs. Bishop, who had bitten his thumb and brought out a poker to beat them with.
Cross-examined by Hunt. Your thumb was bleeding.
JOSEPH PETERS (Police Inspector H). On 19th May I took the charge against the prisoners—Harris said "You have made a mistake in the name"—Hunt said, pointing to Mrs. Bishop, "This woman assaulted me by biting my thumb and brought a poker out previously"—they were both the worse for drink.
Witnesses for Hunt.
ELIZABETH WHITEREAD . I am an unfortunate, and live at 7, Etherington Street, Backchurch Lane—I was in the Comet public-house, Christian Street, and heard some men having high words as to who should pay for a pot of beer—some one said "You have had quite sufficient; you had better go outside," and they did so—there were six men and the prisoners are two of them—one said "I will toss you for a pot of beer"—Harris said "You can't fight"—they picked him up and Harris said "Will you shake hands?" and then they took him by the shoulders and pushed him downstairs and he went away—Mrs. Bishop, who was outside the door, used very bad expressions, and said they ought to be ashamed of themselves—they told her to mind her own business—she said that it was her business—they said they would serve her the same, and she took a handful of horse dung and threw it in their faces and kicked him in the privates—he afterwards struck her a blow and she fell backwards in the doorway—she got up and said "Be quick and fetch a man to fight me," using a bad expression, and she ran up the street into the milk shop and came out with a poker and said "Now hit me"—she was letting go the poker when Harris jumped on her back and they both fell down together outside the shop, and while on the ground she threw the poker back into the shop—she got up again and was letting go with her fists and fell over the step into the shop, and I did not see any more—I only saw Hunt take the poker from her—she bit his thumb.
Cross-examined by Harris. I did not see you there—there was a gang of people outside.
PHœBE SODER . I am an unfortunate—I live at 71, Hammond Street, and am a Swede—I heard the women talking very loud; they said "Are you going to fight them any more?"—she went outside, and there was more talking, and she had a look and said it was a shame—they said
"You mind your own business and go away from me"—she fell down, and got up and ran into the shop, and Hunt, the one behind her, fell down—she kept her hands down not to fight Harris.
Harris's Defence. The woman Bishop says that I kicked her, and yet there were four surrounding her.
Hunt's Defence. Mrs. Bishop has committed perjury; she swore to Hales before the Magistrate, and he was not within four or five miles of the spot. Her evidence is not to be relied on.
GUILTY of a common assault. The Jury recommended Harris to mercy, believing it to have been done in a drunken freak.— Ten Months' Hard Labour.
HUNT.— Four Months' Hard Labour.
MESSRS. MONTAGU WILLIAMS and MR. MORICE Prosecuted; MR. BURNIE defended Spicer, and MR. K. FRITH the Ellises.
GEORGE HENRY CROSSLEY . I am a draper, at 58 and 60, Meadow Street, Sheffield—on May 1, 1883, Spicer entered my service as assistant on this written character. (Dated April 30, 1883, and signed R. S. Rowell, stating that the prisoner was honest, steady, and obliging.) He stayed about five months, and went into other employment in Sheffield—he returned to my service on May 1st—I identify these three tablecloths by my private mark—the writing on this parcel, "Mr. Harris, 58, Prince's Head, Lambeth," is the prisoner's.
Cross-examined by MR. BURNIE. I am not a maufacturer—I bought the tablecloths from different houses who sell to others, but my private mark was put on afterwards—I sell several hundred in a year, and they all have my private mark on them—this coloured tablecloth has not got the private mark, only the two white ones, but I believe it to be mine.
Cross-examined by MR. FRITH I buy two or three dozen at a time, and supply other houses—this red cloth is very common.
Re-examined. He was in my employ three months the second time—I swear this is his writing—I did not sell him any tablecloths on May 1st, 1884.
FRANCIS BOSWELL (City Detective). On 2nd May, about 1.30 p.m., I was in High Street, Borough, and saw John Ellis standing outside a pawnbroker's shop with a parcel under his arm—Mary Ellis came out; he joined her, and she handed him something and went to the corner of the street, stopped for a minute or two, and went into the Austrian Groom—I called a constable to the door and said to Ellis "What have you in that parcel?"—he said "What I have bought this morning; you can see"—he went quickly to a room at the back and undid them—Mary Ellis came up and said "I have had them in my box these three months"—I took them both to the station, and on the way John Ellis said "How dare you interfere with respectable people?"—I said "I know you"—Mary Ellis said "Sergeant Waldock knows me; I have known him from a child"—he gave his name Ellis at the station, but refused his address; she refused both name and address—the inspector asked him how he became possessed of the tablecloths; he said that he bought them at Debenham and Storr's, Covent Garden Market—I called his attention to the pencil marks, and the woman said "I know what they are, I put
them on myself"—I received a parcel wrapped in paper from John Simpson—it contained two other tablecloths, which have been identified—this is the paper, it is marked "Parcels Post, Gibraltar Street, Sheffield, May 1"—the postmark is May 3—on 13th May I went to Sheffield, showed the tablecloths to Mr. Sheffield, and he identified them and called Spicer in—I said to Spicer while the parcel lay on the table "Do you know a man named Roberts?"—he said "Yes, I knew him when I was in London"—a policeman present said "Do you know anything about the writing on that?"—Spicer picked it up and said "Yes, that is my writing"—I told him I should take him in custody for stealing four tablecloths and other articles, the property of Mr. Crossley, his employer—he said "I know nothing about it; it may be in my writing, you will have to prove that, I am not supposed to tell you anything"—I went to Daniel's Hotel, Sheffield, where Spicer lodged, and the prosecutor found a parcel containing two pieces of sheeting, his property—I searched his box, and found an iron chisel or jemmy, 16 inches long, one end sharp and the other blunt—on 2nd May I went to Prince's Road, Lambeth, with Sergeant Gray, having found out that the Ellises lived there—I searched the room, and found 34 pawn-tickets, some blank bill-heads of J. Roberts, general draper, 39, Shepherd Street, Sheffield, a draper's order-book, a memorial card to a child of Mary Spicer, a needle-case with the name John Welch, 37 to 58, High Street, but the name of the town is rubbed out—I saw this pocket-book found in the pocket of a coat which was hanging on the wall in Ellis's room—there is writing in it—I showed the bill-heads to Ellis—Mary Ellis said "I have never been in Sheffield in my life"—I gave him 4s. while he was in custody, and he signed this receipt "J. Ellis."
Cross-examined by MR. FRITH. I have heard that a great many dealers buy under the hammer at Debenham and Storr's, and sell again to people in the room—Mary Ellis was wearing a wedding-ring.
GEORGE WATERS . I am assistant to Mr. Burt, a pawnbroker, of 7, Saville Place, Lambeth—I produce a tablecover pawned on 21st March, 1884. (The Prosecutor: I believe this to be mine by the pattern and quality.) This is the duplicate—I also produce a piece of stuff pawned on 10th April. (The Prosecutor: I believe this to be mine from the pattern, but the mark has been taken off; there was a mark on it when it left my premises.)
Cross-examined by MR. FRITH. One was pawned in the name of Collins and the other of Pearce—I do not know by who—persons buying at Debenham and Storr's sometimes sell the things in the room, and sometimes send them to the pawnbrokers—they generally send unknown persons and women to the pawnbrokers in order that they might think it would soon be redeemed.
CHARLES BIRD . I am assistant to Mr. Robinson, a pawnbroker, of 316, Kennington Road—I produce a piece of silk pawned for 12s. on 15th Jan. in the name of Jane Collins. (The Prosecutor: I believe this to be mine from the edge; I have no mark on it.)
GEORGE GENTRY . I am assistant to Mr. Matthews, a pawnbroker, of 10, Prince's Road, Kennington—I produce four silk handkerchiefs, two pawned on 26th March, 1884, and two on 18th April—these tickets (produced) correspond with the duplicate I hold. (The Prosecutor: I can
only identify these handkerchiefs by the patterns; there are thousands of them.)
JOSEPH SIMPSON . I am manager to Mr. Crossley, and knew Ellis when he was in Spicer's employment—the Sheffield Arms is next door—I have seen the three prisoners there—I knew the Ellises by the name of Roberts—Spicer introduced them—I put the private marks on these white table-cloths in lead-pencil—two of them have my figures.
Cross-examined by MR. BURNIE. I have spoken to them, and drunk with them—I have charge of the plate, and mark the table-linen.
JOHN ROGERS . I keep the Sheffield Arms, Meadow Street, Sheffield, and knew Spicer as a customer—I have seen Ellis and his wife at my house several times, and sometimes with Spicer—I knew them as Robertos—after they were taken and a detective had been to me, Spicer came, and I said "The detectives have been in respect of your friend Roberts"—he said "Oh, but you know nothing"—Ellis said before the Magistrate that he thought I was wrong in respect to the time he came to my house, as he was there in June and December—I used to see him every day but Sunday.
Cross-examined by MR. BURNIR. My bar is used by the employees of Messrs. Crossley.
JIM LONSDALE . I am a beerhouse keeper, of 39, Shepherd Street, Sheffield—during a portion of last year the two Ellises lived in my house as Mr. and Mrs. Roberts—they left in April, 1883, having been with me six or seven weeks—they had one room upstairs—no draper's or other business was carried on there.
Cross-examined by MR. FRITH. They were always spoken of as Mr. and Mrs. Roberts—he spoke of her as his wife, and she of him as her husband—she wore a wedding ring.
WILLIAM SIMPSON . I am a porter, and formerly lived at 58, Prince's Road, Lambeth—the two Ellises lived there—on 5th May I took in a parcel addressed to Mr. Ellis, and subsequently handed it to Sergeant Boswell.
MRS. WINGER. I am the wife of Thomas Winger, of 58, Prince's Road, Lambeth—Mr. and Mrs. Ellis rented our first and second floors for 16 months—while they were away for a little time we received our rent by post-office order from Sheffield.
Cross-examined by MR. FRITH. He referred to her as his wife, and she spoke of him as her husband.
GUILTY . Mary Ellis then PLEADED GUILTY to a conviction at Clerkenwell in 1879 in the name of Jane Preston ; she was tried with John Ellis , who was acquitted. John Ellis had also been sentenced to three months' at Hammersmith for attempting to pick pockets. A Mr. Branscombe , a draper, slated that Spicer had been his assistant, and that he missed 600l. worth of silk in two years.— Five Years each in Penal Servitude.
NEW COURT.—Wednesday, July 2nd, 1884.
Before Mr. Common Serjeant.
MESSRS. J.P. GRAIN and TIOKELL Prosecuted; MR. FILLAN Defended.
ELIZABETH SARAH BETTS . I am the daughter of the prosecutrix, Caroline Betts, who has been some years a widow—she is a harness maker, of 62, Bow Road East—I have kept the books for some time—I keep a day-book and ledger—in January, 1883, the prisoner was taken into my mother's service as traveller and manager—he had a pony-cart in which he took out goods; Fricker drove it—the prisoner used to come and say what orders he had taken during the day, and they were put in hand, and when they went out of the shop I entered them under the name of the customer which he gave me—I posted from the day-book to the ledger in due course—the prisoner said that he had got an order from Mr. Clague for three sets of harness—he took out four dozen nosebags, and brought some of them back, but he left some at Clague's at Millwall—they were not made for Clague; they were made while we were alack—I entered them in the day-book to Clague—this is the entry: "Three dozen Betts's nosebags at 4s., 7l. 4s."—the prisoner ran out the price wrong, and I had to alter it to 7l.—he always brought his orders verbally, he never entered them in an order-book—he came home and said that he had got three sets of thill harness; that is large cart harness—he said that the initial "C" was to be engraved on the brass, which was done, and they were out on January 1, 1884—they were delivered to the prisoner—this is my entry: "Clague, three sets of thill harness at 6l. 10s., 19l. 10s."—I derived the price to charge, from the prisoner—he said in March that he had got an order for three sets of thill, harness from Mr. Patten, of Finsbury Pavement—that was made and delivered to the prisoner—the entry is my writing, and the figures are the prisoner's. "Three sets of thill harness complete at 7l.10s. a set," and the "22l. 10s." is the prisoner's writing—I have never received any money for those three orders; they stand debited against the respective persons in the ledger—the prisoner has never accounted to me for the harness or for the value of it—before January, 1884, I entered cash received in a diary, but since that I have kept a cash-book—this is the prisoner's agreement: "Arranged that the salary to Mr. Cousins be 35s. per week, and in addition a percentage of 5 per cent, be paid on the net profit made over and above the average of the last three years. N. E. Ottaway, R.F. Pelf. March, 1883. Signed, Arthur Cousins"—the "Arthur Cousins" is the prisoner's writing—Mr. Ottaway and Mr. Pelf are trustees under my father's will—my mother paid the prisoner's wages generally, and he asked at the end of the week for what expenses he had incurred, and was paid—I know Mr. Hyams by his coming to ask for orders in January, 1883—he had some orders for collars until we started the collar work ourselves, and we paid him for them several cheques—I never sold him any goods to my knowledge, except a few, which are entered, amounting to 4l. 18s. 4d.
Cross-examined. We were not in difficulties from December, 1883, to April or May, 1884, but the prisoner backed a bill for 120l. for us, and another lor 80l.—I did not request him to do it, I don't know whether my mother did, it was the executors—it was for the debts of the business—I still say that we were not in difficulties—creditors were not pressing us when he signed the bill for 180l., but they have from Christmas last—he backed several other bills—he was very friendly with me in a gentlemanly manner—I have been out with him on business in his trap,
and also on Sundays with other people—I have not been to any theatres with him—my mother has been out with him in his trap—he was on very friendly terms with our family—before December he was paid 1l. 7s. 6d. for goods which he received, but he has not brought the money home—here is "November, 1883, one set of harness, 7l. 10s.," he has never brought that money home—he has not been since December in the habit of taking out goods in his trap to sell them and raise money when we wanted ready money, and bringing the money back—we sometimes took 2l. or 3l. a day over the counter—he has paid money into the bank on three occasions, and when he gave me money I paid it in—on 2nd February I paid 55l. 12s. 11d. into the bank, and on 5th March bills 50l. 4s. 6d.—that was one of the bills which he had backed—800l. was paid into the bank in January—that purports to be all the cash I received—I have collected money myself, and cheques came by post as well as what the prisoner collected—this book should not agree with the bank book because the cash which was taken daily over the counter would go into the pass-book—we have taken 10l. in a day over the counter, and sometimes not 6d. for three days—I have not got the book here in which it is entered—he has lent me money amounting to 32l., I think; it is in black and white—he was paid his expenses—the horse and trap were his own—he did not use it every day for the business—as a rule he took out goods every day in the trap, for which he received 7s. 6d., 8s. 6d., and sometimes 12s.—he issued a writ against my mother—I don't know the date, but it was not before his defalcations were found out—he was taken up on 31st May—the writ is entered here May 24th, I don't know when he issued it—he has a wife and three children—I did not know that he took goods to Mr. Hyams.
Re-examined. This is the writ (produced)—it was issued after we found out his defalcations—I knew of his accepting bills for my mother—he has never paid them—here is an entry, "1884, May 24, Commission on 1,800l. at 5 per cent., as per agreement, 90l."—there is no agreement in existence entitling him to receive that—I have not seen or heard of any agreement except the one produced—we have never made 1,800l. a year—Mr. Chandler has examined the books—this bill for 42l. 7s. 6d. was due last month; he has not paid it—there is no truth in any part of the claim as. to the 90l. or as to 1l. a week—I can tell by looking at my book whether orders were given to clay and Pattens before December—this is my cash book—these amounts would be banked on February 2nd—Gibbs is the only customer he had anything to do with, the others are old standard customers—whatever we take over the counter appears in this book—from February 1st, 1884, to the time he left in May the receipts over the counter might be 30l. or 40l., for we were very slack—the business was established in 1708.
WILLIAM CLAGUE . I am a carman and contractor—I have seen the prisoner when he worked for Mr. Eidgway, a harness maker—he called on me one day soliciting orders, and said that he had a speciality in nose bags—I did not want any—I did not give him an order for three dozen best nose bags at 4s. each, nor did I ever buy any thill harness of him—I did not receive from him on January 1, 1884, three sets of new thill harness value 19l. 10s.—I never heard of Mrs. Betts till I was at the police-court—I did not instruct him to have a "C" put on the brass plates, if it was put on mine it would be "W. C."
Cross-examined. I do not know Hyams.
GEORGE PATTEN . I carry on business at Lamb's Buildings, Bunhill Row—I do not know the prisoner; I never gave him any order for Mrs. Betts, I do not know her—I did not order three sets of harness for 19l. on March 19, and never received it—Charles Patten is a relative of mine.
GEORGE FRICKER . I used to drive a pony cart for the prisoner, sometimes with him and sometimes by myself—he lived at 55, Camden Road, Bow—I know Hyams, of Paul Street, Finsbury—when I drove there he used to come out and ask what I had got, and get into the cart, and I used to drive him—he stopped at various shops and sold the harness, and then I went back to his house in Paul Street, and if the prisoner was there Hyams used to pay him the money he had taken for the harness—it was generally gold and silver—payments were also made at the Fox public-house—I have also received money from Hyams, which I took to Devonshire Street and gave to the prisoner—I have received 22l. or 23l. in that way at one time from Hyams, and paid it to the prisoner—before I received it I had gone round in the pony cart with him with harness which I had brought from Mrs. Betts's shop—I have handed to the prisoner about 80l., which I received from Hyams—the goods were not always sold in the day, and then we left them at Hyamss shop till the next day—I have taken harness from Mrs. Betts to Aldridge's in St. Martin's Lane, and left it there—I never fetched it back—I also took three sets of harness from Mrs. Betts's place to the Elephant and Castle sale yard, two were sold and one was fetched away, and I took it to Mr. Hyams—I never took back any of the goods to Mrs. Betts—I have been to the prisoner's house for harness, that was the first two sets, he said that he had had it made—I began to drive the pony cart at the latter part of May, 1883, and all I have been speaking about is since that—I did not go to Mr. Patten, of Windmill Street, or to Bunhill Row—I think I drove to Mr. Clague's with the prisoner once, but did not leave goods there.
Cross-examined. The system was to take the goods to Hyams and then drive him to different harness makers to sell them—that was done three or four times a week—the Elephant and Castle sale was since Christmas—I think he said that the man's name who made the two sets of harness was Games—I know nothing more about it—I stopped at the door with the prisoner—it is a little shop; he told me he had some harness making there—I used to go to Mrs. Betts to take harness into my cart, and Miss. Betts knew me.
By the JURY. I have called at Games's seven or eight times, but never brought anything from there or left anything.
ALFRED HYAMS . I am a horse collar maker, of 100, Paul Street, Finsbury—I have known the prisoner two or three years by seeing him at Mr. Ridgway's shop, where I supplied goods; and I have seen him at Mrs. Betts's five or six times, and sometimes outside—I have sold goods for him—I keep books, but have made no entry in them of those sales because this was a separate transaction altogether—I had to sell the goods on commission—I thought I was dealing with a partner in a firm, as he told me he had got some interest in Miss Betts's business; that he
had money in it, or something to that effect—I do not remember his bringing an invoice, but he may have—I never saw any invoice of Mrs. Betts in any of the transactions, I do not usually ask for one when I sell goods for them—I was to receive 10 per cent, commission on the collars, but he only gave me five—the harness or collars were brought to me by Fricker in a pony cart, and I sold them and took the money, and sometimes I handed it to Cousins and sometimes to Fricker—I only took a receipt once—the handing over was generally done in my shop, but sometimes in a public-house two doors away when he left word that he was there—I first commenced these transactions with the prisoner about February, I don't think it was before Christmas—during that time I have handed over to the prisoner about 200l. for collars and harness, and possibly more between February and 24th May, when he left the service—the cart came sometimes once or twice a week, and sometimes only in two or three weeks—I went to Mr. Patten, of Bunhill Row, and sold him two or three head-stalls, not out of my shop—I did not go to Mr. Clague.
Cross-examined. It did not commence before Christmas—I understood that he was selling for Mrs. Betts, and he told me he wanted some ready money—I have a lot of customers, and I had great facilities for selling these things—I have mentioned names when he has asked me, but I don't think I mentioned Patten—I have given the prisoner an order sometimes—I may have said "If you bring me such and such articles I think I can sell them"—I have not been indicted by the prosecutrix—it is very seldom I sell harness, and I do not understand the value of it—I understand collars—I sold these collars at the market value, and some of them were my property—I do not know whether I had the harness which was made for 7l. 10s.—5l. was the usual price I got for harness—about 7l. 10s. is the price for two common sets—I only receive 5 per cent, commission—I understood that he was interested in the business, and I first heard that he wanted to turn goods into money—I have been in Mrs. Betts's shop, and she and Miss Betts have seen me—I don't know whether they knew I was selling goods for the prisoner, they ought to have, and I believe they did, as I wrote a letter, and Miss Betts opened it.
By the JURY. I sold two or three sets of harness for the prisoner, but none with a "C" on it—I knew that they came from Betts—there was a receipt for part of the goods—I only put "Received from Mr. Cousins," not mentioning Betts's name.
ELIZABETH SARAH BETTS (Re-examined). I never knew that Mr. Hyams was selling goods for us—I had the names given to me, and I had not the slightest idea that the goods had not gone there—they still stand to the debit of those customers.
GUILTY . There, were three other indictments against the prisoner; Mrs. Betts stated that he had embezzled 700 l. of her money, and had utterly ruined her and her children, and she was compelled to file a petition in bankruptcy.— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. JONES Prosecuted.
GUILTY on the Second Count. — Six Months' Hard Labour.
MR. CULPEPER Prosecuted; MR. FULTON Defended.
MARY ANN BROWN . I keep a lodging-house in Custom House Road—on 17th May, at 2 o'clock, the prisoner came to my house with a slip of paper with my name on it—he said he had been recommended to me by a dock policeman, and asked for lodgings—I agreed to take him, and he came in at once—he asked for materials to write a letter, and in the afternoon he had some tea—he said he was chief mate of the steamship Sybella—in the evening he asked me to lend him 4s.—he said he was to be paid off on the Monday, and he would repay me, as he was entitled to receive between 30l. and 40l., and he would give me a sovereign for the loan—I lent him the 4s., and on the Sunday evening I lent him another shilling—on the Thursday I lent him another shilling; I then asked him why he had not paid me the money as he had agreed—he said the officers were not paid off till the cargo was discharged—he said he would pay me on the Friday morning—I told him he was nothing but an impostor and I gave him into custody.
Cross-examined. He pulled some papers out of his pocket, but I did not look at them—I have been repaid 30s. since he was in custody for the money I had lent him, and for his food, and for the inconvenience I have been put too—I am sure he said he was chief mate of the Sybella, not chief steward—he said he had been doing the second mate's duty.
HANNAH GREGORY . I am the wife of James Gregory, of 4, Victoria Terrace, Custom House—on Sunday, 18th May, about 4 o'clock, the prisoner took lodgings of me; he said he was chief steward on board the Sybella, and was going to be paid off on Tuesday—he slept on a couch that night—on Monday morning he asked me to lend him a shilling; I did so, believing his statement—he received a letter that night, and asked me to lend him 2s. more, as he wanted to send a telegram to his sister who was ill—I did so—he slept in the house on Monday and Tuesday night—on Wednesday morning he asked me lend him another shilling to go to the docks to be paid off—I let him have it; he went away, and I did not see him again till he was in custody.
Cross-examined. I had some wearing apparel of his in the house—I don't think it was worth much—I have been repaid 10s. for the advance and the inconvenience I was put to.
THOMAS BROOKS (Policeman K 639). On Friday, 23rd May, I was called to Mrs. Brown's house, and she gave the prisoner in custody, saying "I charge this man with obtaining food and lodgings by false pretences; I believe he is an impostor"—he made no reply—I said to him "Can you show that you hold an appointment on board the Sybella?"—he said "No"—on the way to the station he said "If you will allow me to see
the station-master at the Custom House Railway Station at Victoria Docks, I could get some money from him and settle with Mrs. Brown"—when he was charged at the station he said "I am not chief mate, I am steward of the steamship Sybella"—he said the ship was in the Albert Docks—I ascertained that the ship was not there—on the following morning he said she was in the West India Docks; I found the ship there—no money was found on him, only this letter. (This was from the captain of the Sybella, telling him there was no chance of his having employment on board the ship.)
DAVID WILLIAM JONES (Policeman of the East and West India Docks). The Sybella came into the docks on 24th November, 1883 and remained there till 26th May—the captain was Captain Martin—I am not aware that she has been since she entered the dock in November.
Cross-examined. There are a good many vessels laid up in the dock now, the shipping-trade is very much depresed—this ship was lying up at the jetty.
ALFRED ROYAL THAYER . I am in the office of the Registrar General of of shipping—I produce the log and official papers of the Sybella—she arrived at the docks on 23rd November, 1883, and was paid off on 24th—the next account I have of her is articles signed on 27th May, 1884—had she been sailing in the interval we should have some account of her—I have examined the log and papers of her last voyage—Mr. Martin was the master—I do not find the prisoner's name in the articles.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Justice Hawkins.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended
MARY BUCKINGHAM . I am the wife of William Buckingham, and live at 6, Lower Andrew Street, Silvertown—I know the prisoner—I did not know the prisoner's wife above a fortnight before this occurrence—they lived opposite me—on Tuesday morning, 27th May, between 1 and 2 o'clock, Mrs. Hills came to my house and called me up, I was in bed—she had on a skirt and body—she said something to me, in consequence of which I went with her to her house, and in their bedroon I saw the prisoner standing in his shirt—I thought he looked very wild—Mrs. Hills gave me a chopper and said "Take this home, for I am afraid my husband will do me a mischief with it if he sees it"—I took it home—the prisoner never spoke—he seemed sober—I don't know whether his wife was, she did not seem to have had anything to drink, she appeared sober.
Cross-examined. She picked up the chopper from somewhere, I don't know where, I was so frightened, I think it was in the room where the prisoner was—he did not try to prevent my taking it away—he did not speak to me.
WILLIAM SHEPHERD . I live at 33, Lower Andrew Street, Silvertown, in the same house as the prisoner—I lived on the top floor, there is only one floor—the prisoner lived underneath—about 10 minutes past 7 o'clock on the morning of 27th May I was in bed—I heard a row in the passage downstairs—I heard the prisoner say "I will do it, I will do it"—I then heard the front door open—I heard Mrs. Hills say "Don't go into the street again"—after that I heard nothing more for half an hour, I
then heard a scream of "Murder" out in the street; I don't know who it was that screamed, it woke me up a second time—I got up, looked out of window, and saw the prisoner dashing his wife's head on the pavement—she was lying on her back, and he was kneeling across her body—he had hold of her by the head and was dashing her head on the asphalt pavement—I saw him do so three or four times—I ran back to put on my clothes and then saw Rose bringing the prisoner across into the house—Rose was dragging him across the road as well as he could—the prisoner was struggling—I helped Rose when he got him into the house, and we got him into his room and held him on the bed till the police came—I had known the prisoner about two years—I never saw him the worse for drink—I have always known him to be a kind man to his wife and very quiet, no quarrel.
Cross-examined. He is a quiet peaceable man—he works at the Silvertown rubber works—he had been out of work for over a fortnight, times had gone very hard with him—I could not say that his wife had pawned a lot of his things—he was at home before me on this day, I came home at 6 o'clock—I did not see him or his wife at all during the evening—when I came into the passage I saw that their bedroom door waa broken off one of the hinges, as if there had been a straggle.
JULIA DYE . I am the wife of Adam Dye, and live at 4, Lower Andrew Street, Silverfown—on 27th May, between 1 and 2 o'clock in the morning, I heard cries of "Murder" from a woman two or three times—I got up, opened my window and looked out, and I saw the prisoner across his wife, knocking her head on the ground, near the door of Mrs. Buckingham's house—the deceased had her feet towards the kerb—in the excitement of the moment I could not say how many times I saw him knock her head, it might be three or four times—I called out "Murder" and "Police"—I saw Carter come out of the house—he ran across the road and said to the prisoner "Don't kill the woman"—he said "Yes, you old b——, I will kill you, or you will kill me"—Carter then ran into his house, and the prisoner ran after him—the woman was still lying on the pavement—the prisoner came back to her from Carter's house and said "You old b——, are you not dead yet?" and he did the same as he had been doing before—he knocked her head on the ground and began thumping her—I continually called "Murder" and "Police"—Rose came out of his house and ran up to where the prisoner and his wife were—he caught the prisoner by the collar of his shirt and dragged him off his wife—I got up and went out into the street and found Mrs. Hills lying senseless on the pavement—I bathed her head—the prisoner was out in the street in nothing but his shirt—her head was bleeding very much—she was insensible and moaning—she had on a dark petticoat, and a brown and white jacket, stockings, but no boots—she was taken into her house, and Dr. Holton was sent for—I had known them three years; they had been very quiet people indeed—he was a very good husband—for the past fortnight or so she had taken to drink freely, before that she had been a very quiet woman—she was addicted to taking a little now and again, but not in the way she did for the last fortnight—the prisoner had been out of work for some time.
Cross-examined. She took to drinking heavily when he was out of work, even then he was a kind husband to her—he is about sixty years of age—about half-past 10 on the morning of the 26th I saw Mrs.
Hills in the Railway Hotel; she was drinking then, and had been drinking; she showed signs of liquor—she was the worse for drink then—I never saw him the worse for drink, and never in a public-house.
Cross-examined. He was very wild and excited—he made a rush at me.
Cross-examined. He was foaming at the mouth—I know that he served in the Crimea—I have not seen his medals.
FRANCIS WILLIAM PARK HOLTON . I am a registed medical practitioner—on the morning of 27th May, at half-past 2, I was called to Lower Andrew Street—I found the deceased lying on her back on the pavement, with her head on the asphalte—I examined her, and found a wound at the back of her head bleeding—she was quite unconscious, and almost pulseless—I had her taken indoors and attended to her—it was a jagged wound, nearly six inches long, on the left side of the back of the head, down to the bone—the scalp was detached from the bone—she had lost a great deal of blood—she was bruised on the side of the face—I could not detect any fracture of the skull—I sewed up the wound—she remained unconscious—I told the police to get a spring cart and take her to the hospital, I thought she would be better attended to there—I saw the prisoner in the room at the house, being held down by several men—I saw him about a quarter of hour afterwards, and said "Well, Hills, what have you been doing?" (I had attended him before) he said "I hardly know, Sir"—when I first saw him he was struggling very violently, afterwards he was pretty quiet—he looked quite sober.
Cross-examined. He appeared quite dazed, he seemed rather lost—the deceased appeared to have been drinking quite recently.
GEORGE LILLEY (Policeman K 352). On the morning of 27th May, about twenty minutes past 2, I was called to 33, Lower Andrew Street—I found the deceased there being attended to by the doctor, and the prisoner being held down by several men on his bed, struggling—he only had his shirt on—I told him he would be charged with wounding his wife—he said nothing to that—he said "I cannot dress myself"—I put on his stockings and trousers for him, and Sergeant Wisby took him to the station—I took the woman to the London Hospital, we were about an hour going there; it was six or seven miles—she was unconscious all the time.
Cross-examined. The spring cart was not covered over—this was in the early morning when I took her the six or seven miles to the hospital—I did not see a truncheon in the room, or any firearms—I did not look.
Re-examined. A bed and pillow were put on the cart, and she was made as comfortable as she could be.
THOMAS WISBY (Police Sergeant K 50). On 27th May, about half-past 2 in the morning, I went to the prisoner's house—I saw the prisoner, Lilley, and other persons in the back kitchen—I went into the front room and saw the deceased lying on the floor, and the doctor was there—she was sent to the hospital in a cart, with a bed and pillows—I went
into the back kitchen and there found the prisoner; he was so violent that it required three or four men to hold him—I told him he would be charged with attempting to murder his wife, and if she died he would be charged with the more serious offence, and whatever he said would be given in evidence against him—he said "Oh, b——evidence, what do I know about evidence? is my wife dead? hope she is dead, she has been a misery to herself and me too for years; I have been out of work week after week, I got a job yesterday. I could hardly do it because I had had no food, I was so weak"—I took him to the station with assistance—the woman was unconscious—in the morning he was charged with attempting to murder his wife—he made no reply—I went to the London Hospital on the moraine of the 28th and found that the woman had died there at half-past 12 that night, never having recovered consciousness.
Cross-examined. The prisoner is a labourer—he would use a pickaxe and spade in his work—I do not know whether there was a pickaxe, chopper, or spade in his room, or any fire-irons—when I went into the room three or four men were holding him down, putting some clothes on him—he was not struggling then, he was afterwards—he appeared very violent and excited—it was when I cautioned him that he said "Oh, b—the evidence."
FREDERICK DUKELEY . I was house-surgeon at the London Hospital on the morning of 27th May—I saw the deceased there at half-past 9—she had been brought there earlier—I found that the wound at the back of the head had been sewn up, she was then unconscious—I attended her till midnight of the 28th; she then died, having remained unconscious all the while—I made a post-mortem examination—I found a bruising over the right side of the face from the temple, the cheek, and the jaw, down to the side of the neck, and on the arms and elbow—those were bruises that might have been done by blows of the fist—there was a lacerated wound at the back of the head on the left side—there was no fracture of the bone—in my opinion, having her head knocked on the asphalte and remaining unconscious till she died caused her death—dashing her head on the asphalte might cause the injuries I saw, which injuries were the cause of death—the brain was not lacerated in the least—I inferred that she died from shock succeeding concussion—there was no demonstrable brain mischief, but the brain must have been injured.
Cross-examined. The shock would vary according to the person's age and strength—she was from 57 to 60—if she had been younger I think the injuries would not have occasioned her death—I examined the liver—changes were found in it which, as a rule, I find in the liver of those who have been addicted to intemperance.
THEODOSIUS GROSE (Police Inspector K). On the morning of the 28th the prisoner was charged with the wilful murder of his wife—I read it over to him and said, "Hill, your wife is now dead"—he made no reply.
WILLIAM ROSE (Re-examined). The prisoner kept his tools in the wash-house—he occupied three rooms—there were fire-irons in the room—the prisoner has been a special constable, I have seen his truncheon in the kitchen.
GUILTY of manslaughter. — Seven Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
744. JAMES TURNER. (50) PLEADED GUILTY to stealing a mare,cart, and harness, the goods of Charles Henry Peace; also to burglary in the dwelling-house of Charles Henry Peace and stealing a sack of oats, other goods, and 7s., his goods and money; also to stealing a mare, cart, and set of harness of Thomas Danes; also to a burglary in the dwelling-house of John Henry Crofts, and stealing three tubs of butter and other goods; also to stealing a gelding, cart, and set of harness, the goods of Robert Barron; and also to a burglary in the dwelling-house of Robert Barron and stealing half a hundredweight of lard, 125 eggs, and other goods, and 8s., having been convicted of felony at this Court in July, 1874.— Ten Years' Penal Servitude.
Before Mr. Recorder.
745. ROBERT MARSLAND. (44) PLEADED GUILTY ** to feloniously assaulting Amy Spake with intent to rob her, having been previously convicted.— Six Months' Hard Labour. (There was another indictment against the prisoner for a robbery with violence, to which he pleaded
NOT GUILTY.) And
746. ARTHUR FRANCIS. (28) to feloniously breaking and entering the counting-house of the London, Chatham, and Dover Railway Company, with intent to steal— Six Months' Hard Labour [Pleaded guilty: See original trial image.]
MR. PELLEW Prosecuted.
GUSTAV GRESKI (Interpreted). I am a journeyman hair-dresser, of 28, Finsbury Square—on 11th June, between 2 and 3 o'clock p.m., I was at Woolwich and met the prisoner and another woman—I treated them to drink and went to a house with them—I knew what I was about, I was not quite drunk—I had a purse containing 9l. in English gold and a gold mark value 10s.—I took my trousers off and went to bed, but afterwards put them on again; and after that I felt the prisoner feeling in my peocket, she was quite near to me—I afterwards missed my purse, and they were both gone—I had given the prisoner a halfcrown.
Cross-examined by the Prisoner. you were lying by my side when I felt your hand in my pocket—I said to you "My money is gone," and then you both went away—I went and searched for you, but could not see you, and went home—I slept for 10 minutes after I missed my money—you could see gold in my purse when I took out the half-crown.
WILLIAM MORGAN (Police Sergeant R). On 12th June, at 9 o'clock a.m., Greski gave information at the police-station, and at 10 o'clock I found the prisoner at a draper's shop purchasing articles—I told her I should take her for stealing 9l. 10s. from a foreigner the previous afternoon—she said "I don't understand you"—I repeated the charge, and Greski identified her—she handed me her purse; it contained a sovereign, 8s. in silver, and 1s. 4d. in bronze—she said "I had the sovereign from a sergeant belonging to the Shropshire regiment last night"—I asked what time she met him—she said "About 11.30, in the New Road, Woolwich"—when she was charged she said to Greski
"When I get free I will knife you"—I also found a bill for 8s. 11 1/2 d. which she had just paid for some goods.
GEORGE BRENCHLEY (Police Sergeant). I took the other woman in custody and she was discharged—when the prisoner was committed I asked her what was to be done with her little boy, five years old, as I should be happy to assist her—she said "I think it very hard, sergeant, that I should be committed for trial and the other woman let off; she was as bad as I was, I only had iny share of the pieces, it was shared between me and the other girls in the house."
Prisoner. I said nothing of the kind—you brought me some whisky, and I said "It is hard to be locked up for nothing, if I had had 3l. it would not have been so bad."
WILLIAM EDWARDS . I am a greengrocer of 65, Warwick Street, Woolwich—on 11th June, about 5.30 p.m., the prisoner came in and asked if I would mind some money for her—I said "I dont often mind money for people"—she said "I have just had a sovereign given me by a sergeant, and I want to go down into the town"—I said "Yes, I will take care of it for you"—she said "I want to go into the town to-morrow and buy some underclothing for my child"—I gave it back to her next morning—it was a sovereign and 15s.
Prisoner's Defence. I did not take the money.
GUILTY .— Twelve Months' Hard Labour.
MR. J. P. GRAIN appeared for the Prosecution; MR. BESLEY defended the prisoner, who, by advice, declined to plead.
MR. BESLEY submitted that since the coming into operation of the Bankruptcy Act of 1883, the power to commit bankrupts for trial was vested in the Bankruptcy Court and not in the Magistrate. The words in section 165 of the Act of 1883 were, that the Court "may," under certain circumstances, commit the bankrupt or such other parson for trial, and as all the powers of a stipendiary Magistrate were given to the Court, and only the powers of the High Court of Justice were saved, the meaning of "may" was equivalent to "shall," and abrogated the jurisdiction of MR. MARSHAM, the stipendiary at Greenwich, by whom the accused had been committed for trial. The RECORDER (after consulting SIR HENRY HAWKINS) ruled that the provisions of Section 165 were supplementary, and not substitutory, and that the ordinary jurisdiction of the Justices remained. The point if necessary would be reserved. The Jury being unable to agree to a verdict were discharged, and the case was postponed to next Sessions.
Before Mr. Common Serjeant.
MESSRS. POLAND and MATHEWS Prosecuted; MR. GEOGHEGAN Defended.
JOB NICHOLLS . I am a horse dealer, of 6, Charles Place, Deptford—I have known the prisoner twelve or fifteen years—on 25th April I went to bed about 7 p.m. in the front room, leaving a little leather bag on the table in the back room containing fifty sovereigns and eight half-sovereigns—I left my wife in the back room and went to bed in the front room—a knock came at the front door, which opens into the room in
which I was lying—there is no passage—the two rooms upstairs are unoccupied—my wife opened the door and let the prisoner in, and he came and sat on the side of my bed—there was a light in the back room which shone into the front room—he said "I am hungry," and my wife went out at the front door to get him something to eat—when she returned she went to the back room, and the prisoner with her to have his supper—there is no clock in the room, but in about three-quarters of an hour he passed out saying to me "Good night, I will be early in the morning on account of going to Canterbury"—soon after he left I heard a rattling at the door in the back yard, and my wife calling I got up and found the door bolted inside—I let my wife in and she made a statement to me—I looked on the table and missed the bag of money—I went out and looked for the prisoner but could not find him—I went to the police-station, and on Monday morning, 28th April, I applied for a warrant against the prisoner.
Cross-examined. I was not asleep while he was eating his supper—he said he would go with me to Canterbury the next day, and I agreed for him to come—I was going there to do a deal in horses—I know Mr. Pitt Taylor, the County Court Judge; he gave judgment against me for 9l.—I did not swear that I had not 1d. in the world—he told me to pay forthwith, but I have not paid 1d.—I did not tell the Judge that I had not the money and could not pay—the action was in April—I do not usually leave my money on the table—my wife took the 50l. out of her bosom and I gave her the eight half-sovereigns—I had sold a horse on the 25th for 3l. 15s. or 4l.; I had the money in silver and changed it into gold and received eight half-sovereigns—I intended to take the whole of the 54l. to Canterbury—I left the money on the table because I forgot it when I went to bed—I had had the 50 sovereigns two or three months—I have been possessed of money for the last four or five years and never was without it—my wife was in the habit of carrying it in her bosom—it was my savings and it was all I had with the exception of two ponies—when I made a deal I took some out and then there was not 50l.—when my wife was not at home I borrowed money—I never borrowed a penny of Mr. Barefoot, a jeweller, in Waterloo Place—I remember a little matter about a horse of Mr. Fairbrother's—I did not borrow money to pay for it—I know Mr. King; he did not lend me the money to pay for that horse—I was never locked up in connection with a horse—a stolen horse was found in my possession once and only once—the prisoner and I have been in a kind of partnership—he did not lend me 5l. on April 1, nor did I afterwards give him 3l. to buy a horse with, nor did he when he did not succeed in buying the horse say he would put the 3l. in his pocket as a set-off against the 5l. I owed him; there is not a word of truth in it—I did not then say "All right, Mellish, I will make it hot for you"—I did not borrow money from Mr. King to pay for that horse—this signature (produced) is my writing—I said at the police-court "I should not have got my money from Slater till the Thursday following; being short of money I applied to Mr. King; I afterwards got the money from another source"—the 54l. was then taken away—I frequently counted the money although I knew what was there—it was usually kept under my wife's pillow at night—I gave her the 4l.—about a quarter of an hour before I went to bed, and I counted the money in the bag then, and she was at the table at the time—the
prisoner was in the habit of visiting us—I had done business with him—he knew I always had money—I went to the station about 8.30, and mentioned the prisoner's name I believe to Purbeok—I believe my wife told Purbeok that she had seen him take the money.
Re-examined. I went to Canterbury the next day—I borrowed a half-sovereign of my brother—I sold a horse and could not get the money at once and borrowed the price of the hone of Mr. King and repaid him afterwards—that was after the prisoner had taken this money, and this receipt of 7th May is when I paid King back.
ANN NICHOLIS . I am the wife of the last witness—we occupy two rooms downstairs at 6, Charles Place, Deptford—on 25th April my husband went to bed about 7 o'clock—he put a leather bag containing 50 sovereigns and eieht half-sovereigns on the table in the back room—I generally carried it, and I had carried 50l. that day; he put the rest in when he came home, and then we counted it—there is no passage, and everybody passes through the room in which my husband had gone to bed, to get to the rest of the house—the prisoner came to the door between 7 and 8 o'clock, but I had no timepiece—I let him in; he passed through into the back room and said "I am as hungry as a donkey"—my husband told me to get him something to eat, and I went out and bought a small quantity of meat and cooked it for his rapper—I had had my supper—when he had had his supper I went into the back yard to wash my hands—a window which does not open looks into the back yard, and through that I saw the prisoner take the bag of money into his hand from off the table and go into the next room with it—when I had washed my hands I went to the back door and found it fastened; I called out and shook the door, and my husband came and unbolted it—the prisoner had then gone, and I told my husband what had oocurred—before I went out into the back yard the prisoner said he had not got any money, and I took 1s. from my pocket and gave it to him to pay for his lodging—my husband went out to try and find him, and came home and slept, and went to Canterbury by the first train in the morning.
Cross-examined. When he went out to find the prisoner he came back and finished dressing and then went out again till 10 or 11 o'clock—the police came that night—it was not Purbrook; he came next morning—I should have put the bag under the pillow—we have had 50l. for many years; it was our savings; we laid it out every week and sometimes we added to it—it was sometimes more than 50l. and sometimes less—it did not cross my mind that the prisoner had stolen the money, till I found the door fastened—I thought my husband might have asked him for it—it was counted when we were having our tea an hour or two before it was missed—the prisoner never lent my husband money to mv knowledge, nor did my husband threaten to make it hot for him that I am aware of—I am not aware of any quarrel between them—we had money at the time judgment was given for 9l. against my husband, but it was laid out; we had some in our possession—sometimes he lays out all he has, if he has two or three ponies out—the 9l. was not paid, because he wanted to lay it out—we had 50l. about a week afterwards; that was not all laid out, but he would not have paid the last penny away—I do not know that my husband has borrowed money of Mr. Barefoot, a jeweller, or of
the woman who keeps the coal shed—we have had money from Mr. Shaw, the horse slaughterer.
Re-examined. The prisoner was not dressed as he is now, he had not the same jacket; he wore a brown coat—there is a flight of stairs in the front room, and another at the back, but we never use the upstairs.
HENRY ALLNUTT . I keep a lodging-house at College Chambers, East Greenwich—on a Friday in April, four or five days before I was at the police-court, the prisoner came for a lodging about 9.30 p.m., and before he went to bed he took a sovereign and three half-sovereigns out of his pocket and some silver—I took it up—I don't know whether he said, "Will you have any more?" or "You have got all you will get"—I kept it for the night and handed it back to him next morning when he left.
Cross-examined. There was about 5s. in silver—there were five beds in The room where he was, and some of them were occupied—there were no partitions between them—he left at 5 a.m., and walked backwards and forwards for two hours from the police-station door, which is within 50 yards, and my door—he told me that he did be because he did not like to wake me up to get his money—he did not leave till 11 o'clock—I dare say my house is a mile and a half from Charles Place, Deptford—there is a tram and train service—no one was with him when he came—my brother was there, and we were all drinking together—I took 50s., and he had a few shillings left—I did not see 50l.
Re-examined. I know him by sight—he told me he was going home to Brighton.
GEORGE PURBROOK (Police Sergeant R). On 30th April I took the prisoner at Brighton on a warrant—he was detained there, as they knew that a warrant was out against him—I told him I had a warrant charging him with stealing 54l., the money of Job Nicholls—he said, "I have been dealing with Nicholls, and on 1st April I lent him 5l.; last Friday he gave me 3l. to buy a knacker with; I did not buy it, and he asked me to give him the money back; I told him I would not; he again asked me for it; I told iiim I would not give it to him, and left him about 6 o'clock at the top of Charles Place; he then said, 'Mellish, I will do you for this'"—I found no money on him.
Cross-examined. His father lives in London—I did not see Nicholls or his wife on the night of the 25th, but I saw them next morning, Saturday—information had been given at Brockley Station—Nicholls's is a small house in a rather low neighbourhood.
GUILTY. He then PLEADED GUILT.** to a conviction at Brighton in July, 1882, of obtaining a horse and cart by false pretences. Recommended to mercy by the prosecutor. — Two Year's Hard Labour.
Before Mr. Common Serjeant.
750. EDWARD JAMES CHAINEY. (24) PLEADED GUILTY to unlawfully obtaining 15l. from Thomas Rhodes, 15l. from George Brown, 20l. from George Bird, and 15l. from Tom Bryant, with intent to defraud.— Recommended to mercy by the prosecutors.— Fifteen Month's Hard Labour.
RICHARD HULLMANN . I live at Eltham, Kent, and am overlooker for George Russell, of Plumstead—about midday on 24th May I was looking round Castle Wood, Shooter's Hill, and in kicking up some dirt and; leaves I saw a piece of lead which had been laid in a sort of hole and was covered with leaves and mould—I had previously seen some men in the wood—I communicated with the police.
HARRY HODGIN . I am superintendant of the Herbert Hospital Water, Works, and live at Herbert Cottage, Shooter's Hill—in consequence of information received from Inspector Mackay on 24th May I examined the lime room of the water works—inside the wall the roof is 26 feet, high with a trap-door on the top—I missed a quantity of lead which had, been torn off the roof, about 6 feet 4 inches by 3 feet 6 inches—the building belongs to the Crown—I had seen it safe on the Thursday—outside the wall is a pipe for the water to go off the roof, and on that were marks of boots as if some person had climbed up—the value of the lead was about 16s.—the lead found corresponded with that missed, certain holes where it had been fastened on corresponded.
Cross-examined by Ashdown. I never saw you anywhere on the premises,—I saw Bridges there and turned him out of the yard.
By the COURT. That was about two months before this robbery took, plaoe, and I have made a minute inspection every day because it was visited every day for about six weeks.
JAMES COCK (Policeman R 377). About 2 o'clock on Saturday afternoon I was in plain clothes in Castle Wood and saw Bridges carrying a bag, and Ashdown following him—they got over a fence and came to a place where some lead was concealed—Bridges uncovered the leaves, Ashdown held the bag, and Bridges put the lead in and put it on Ashdown's back—they carried it about 50 yards into the wood—Ashdown dropped the bag and ran into Shooter's Hill wood—I ran after him and took him—he said "You cannot lock me up, I am only on enclosed premises"—he said nothing about the lead—I proposed to take him for having the lead in his possession—he then said "I know nothing about the lead"—I took him from the wood and saw Bridges by the water works—I told him I took him for stealing some lead—he said "I will go quietly with you"—the lead is here—both prisoners went straight up to where it was concealed and moved away the leaves.
Cross-examined by Ashdown. I saw you carry it—I had you both in: custody ten minutes—you did not attempt to get away.
The prisoners in their statements before the Magistrate, and in their defences said that they found the lead in the wood and the bag by the side of it, and then heard the policeman shouting.
GUILTY on the Third Count.
ASHDOW. then PLEADED GUILTY to a conviction at Woolwich in October, 1881.
BRIDGES.*— Ten Months' Hard Labour.
ASHDOWN.**— Fifteen Months' Hard labour.
MR. FLETCHER Prosecuted; and MR. MONTAGU WILLIAMS Defended.
premises shortly before this robbery—he had finished my house the day before at 1 o'clock—on Thursday, 29th May, I left my house at 2 o'clock—before leaving I went upstairs with my missus and we locked the doors—she took the key with her—there are a pair of gates at the side of the house which go into the yard, and there is a door into the street—I let barrows on hire—the window was nailed up with boards—I returned between 3 and 4 o'clock, opened the gates, unlocked the street door, and went through—the street door had been broken open and the window was open—the middle drawer in a chest in a room on the first floor had been broken open and 28l. was gone—half of it was in silver tied up in an apron and the other was loose in a tin can—I saw it safe at 1.30 that day when my missus locked it up—I found a sizpenoe, a shilling, and three pence there—the window on the bottom floor was open and the boards pulled away from it—there was no glass, somebody had got through there—the doors inside the house were not locked—I saw the prisoner about 4 o'clock at the top of Hale Street and said "Ted, I shall lock you up for coming out of my place which has been robbed"—he made no answer—I said "I shall bring a policeman"—he said "I will come with you"—when we had walked half-way down High Street he said "I shan't come any farther, fetch a policeman to lock me up, I will have a pint of four ale"—he went into a public-house—I sent for a policeman, the prisoner stood and watched me—he had nothing to drink—he saw me looking and stepped back twice and then walked out and ran down High Street as fast as he could, and I did not catch him for an hour—I saw him searched at the station; nothing was found on him.
Cross-examined. I let out barrows and so does the prisoner's father, who lives 200 yards off—I have only been in a police-court once for gambling—that was seven or eight years ago—I have been summoned for barrows which other people have hired of me—I said at the station that when I said that I should lock him up for my money he replied "I will go to the station with you"—we started, but on the road he ran away—he said that after I said that I should look him up—the window was boarded up before I went there—the light came into the room through the back window—this is a little window only 13 inches wide, a side window by the gate—the other window is against the back door which opens into the yard—the prisoner had been at work repairing my landlord's houses and mine amongst them—he whitewashed my room—I do not know he is a general repairer and house decorator.
ALBERT PRICE . I live at 14, Hale Street, and am the prosecutor's brother—on 29th May I saw the prisoner come out of my brother's wicket gate leading to the folding gates about 4 o'clock p.m.—he went down Reginald Road way, and went right round and came up our way with no coat on—he had a coat on when he came out at the wicket gate—I met him afterwards, and he said "Lend me 6d?"—I said "I have got no money"—he said "Lend me 2d.?"—I said "No, I can hear money in your pocket"—he said "I have only got 4d.," and walked away—I did hear money in his pocket.
HARRIET PRICE . I am the prosecutor's wife—on this Thursday I opened the middle drawer to get a bedgown for my little boy—I saw the money safe—I left the drawers safely locked, and put the key in my pocket—my husband was then downstairs fastening up the doors—on the Sunday before that the prisoner was in the back room whitewashing the
door—I told him I wanted a latch put on the front room door, and he came into the front room and saw me put some money in the drawer.
Cross-examined. It was my husband's money—I have been as good as his wife these five years, but I am not married to him—I left him at home—there was 28l. as near as I can guess in this drawer, some in an, apron and some in the can—I had last counted it on the Tuesday—I pulled the drawer out some distance then to put some money in while the prisoner was there talking to me.
THOMAS PEEL (Policeman R R 9). On Thursday, 29th May, at 4.55, the prosecutor asked me to take the prisoner into custody on a charge of stealing money—I went to the Hale's Arms, where I saw the prisoner; I cautioned him and said "Have you been on the prosecutor's premises to-day?"—he said "No, I have not," but the prosecutor's brother said that he saw him come out at the wicket gate—I took the prisoner to the station; I found nothing on him—I went to his house and found this bradawl in his coat pocket hanging behind the door in his bedroom—he only occupies one room—I found this chisel in a box under the bed—his honse is about 200 yards from the prosecutor's—I examined the drawer where the money had been stolen from, and compared the marks on it with these tools—the top drawer was forced by a bradawl, and the middle drawer by something similar to the chisel.
Cross-examined. I believe the prisoner has always borne a respectable character—these tools would be used in his trade.
NOT GUILTY .
MR. RAVEN Prosecuted. EDWARD METCALFE. I am barman at the Earl of Beaconsfield, Deptford—on 24th May, between 10 and 10.30, I served Foley with a pot of ale; she gave me this half-crown—I put it in the left-hand corner of the till, and it was afterwards marked—I gave her 2s. 2d. change—when we closed, my mistress counted the money and said that it was bad, and took it into the bar parlour to Mr. Lee—Foley stopped till the house closed—there were other people there—next day, Sunday, I saw Foley again, and she came in several times in the next week—on June 2nd I saw her with Shattock, whom I had not seen before—I did not receive the coin that day—she was charged after that.
Cross-examined by Foley. The coin was kept separate in the till—I had suspicion about you—I said nothing to you on the Sunday.
Re-examined. I said before the Magistrate "It was after the second coin was passed that we charged her—that was what we were waiting for.
MABEL STEWART . I am barmaid at the Earl of Beaconsfied—on 2nd June, between 7 and 8 p.m., I served Shattock with a pot of ale, he gave me a half-crown—I took it to Mr. Lee, he took it to Shattock, who wanted it back again or the change; Mr. Lee would not give it up—Foley was with Shattock drinking out of the same pot for about five minutes—I cannot say that they came in together, but they went out together—I have seen Shattock in the house once or twice, and I have also seen Foley.
Cross-examined by Foley. I know your husband; lie was with you—there were a good many of you together—you came back after Shattock
was taken and stayed there some time—you were a frequent customer—I had no suspicion of you till the first half-crown was passed.
EDWIN LEE . I am landlord of the Earl of Beaconsfield—on 2nd June my barmaid brought me this half-crown, which I marked—I asked bhattock if he tendered it—he said, "Yes, will you give it to me back?"—I said, "No, I have had bad money changed here before"—a friend with him said, "Give it to the man back"—I said, "No, I will not"—he then walked outside—I jumped over the bar and followed him towards South Bermondsey—his friend came up, held me by my shirt as I had no coat on, and said, "You don't want to charge him, let the man go," pointing to the prisoner to run—he ran and knocked over two boys under the arch; a policeman stopped him—I went up to Shattock—the policeman had to draw hia staff—I gave the coins to the constable; theee are they—the woman who is a customer of ours came into the house with the prisoner—I have seen her husband come in with her several times.
Cross-examined by Foley. I said at the station that I had two bad half-crowns in a piece of paper—I took one out of the paper and left the other—I could not swear to one, but both were paid that night—I marked the half-crown at the station—they were both in an envelope and separately wrapped in paper on the 24th.
Re-examined. I put the date on a piece of paper—two bad coins were taken on the 24th, and I put them in the same envelope, but the one changed I wrapped in a piece of paper and gave to the detective afterwards—I do not know the man who stopped me.
DANIEL DOWSON (Policeman M 337). On 29th June, a little before 8 o'clock, the potman called me to the Earl of Beaconsfield—I found the prisoner standing by Mr. Lee; he ran towards me and went through the arch; I took him—he said, "What do you want?"—I said, "Mr. Lee will tell you when he comes, I believe you have been changing some bad money"—Mr. Lee came up and gave him in custody for changing a bad half-crown—I was too far away to see the man come up to Mr. Lee—I found a good sixpence on Shattock—I asked him why he ran—he said, "How did I know what you wanted with me?"—Mr. Lee handed one of the coins to the inspector at the station.
Cross-examined by Foley. I did not give evidence at the police-court—I was at the Surrey Sessions—I was at the station when you were charged.
JAMES TOLEY (Detective M). On 2nd June I took Foley in Offpine Road, near where she lives and near the Earl of Beaconsfield public-house, about 10 p.m.—I charged her with being concerned with a man in custody in passing a counterfeit half-crown at the Beaconsfield—she said, "I was in his company drinking with him, but I know nothing about him"—I said, "You will be further charged with uttering one on the 24th"—she said, "That will be a false charge then"—I took her in custody—on the way to the station she said, "You ought to have the man, not a poor woman"—at the station when the charge was read over to her she said, "Why was I not detected at the time, for I had several half-crowns at the time?"—I received a half-crown from Mr. Lee on the 25th in that piece of paper produced and dated; Mr. Lee wrote on it.
Cross-examinsd by Foley. I might have charged you with passing two bad half-crowns when I arrested you, but it was one really.
The Prisoners' Statements before the Magistrate. Shattock says: "She is a perfect stranger to me. I am at work every day getting plenty of money, from 6 to 10 every day, without interfering with bad money." Foley says: "I never saw this man with my eyes till I saw him in the public-house."
Witnesses for Foley.
JULIA DAY . I am the wife of John Day, labourer, of 11, Ludford Road, Rotherhithe—on Whit Monday, 2nd June, I called for Mrs. Foley—we went for a walk, and met Mrs. Brown and asked her to treat us—we went into the Lion, and then went to meet our husbands—my husband and Mr. Foley came along; we went to the Beaconsfield with them—between 5 and 7 o'clock Mr. Foley called for a pot of half-and-half, and then we came out and left Mr. and Mrs. Foley together to go home and have some tea—we all came out of the public-house together—I did not see you in Shattock's company, or run out of the Beaconsfield.
ALICE BROWN . My husband is a dock labourer, of 3, Whitmore Road, Deptford Lower Road—I met Foley in the Corner Lane about 3 o'clock on Whit Monday—she asked me to treat her; I took her to the Red Lion—I never saw Shattock before—I stayed with Foley the whole evening till she and her husband went home—I was at the Beaconsfield about an hour with Mrs. Foley and Mrs. Day—Mr. Foley paid, I did not; I did not see Mrs. Foley pay for any, I don't think she had any money—she left me at 7 o'clock at the Beaconsfield to go home to tea—I was with her from 3 till 7 o'clock.
Cross-examined. I heard a row in the house about a bad half-crown—I didn't see the man nor Mrs. Foley then; I didn't see her afterwards—a good many persons were in the house drinking.
By the COURT. Mrs. Foley was there all the time I was there because I was nursing her baby—I did not leave with Mrs. Day—I remained there with my husband after Mrs. Foley and Mrs. Day had left.
Re-examined. Foley came back for her baby; she only stayed against the door, she did not go out—she only had to drink a share of what we had.
Shattock, in his defence, stated that he put down a good half-crown in the Beaconsfield, that the landlord came and asked who had passed a bad halfcrown, that he said he had paid with a half-crown, and asked' to look at it, but that the landlord called for a policeman and jumped over the counter, and he went outside. Foley stated that on the Saturday she paid with one of three half-crowns her husband gave her, and then went home and had tea, and came back, that nothing was said about the half-crown, and that she was leaving the second time when the detective arrested her; she denied ever having seen Shattock till she was in custody.
EDWIN LEE (Re-examined by the COURT). I took two bad half-crowns on the 24th; one was put in that piece of paper, and the other left in the till—the one on the 2nd June was put in the same paper as that from the till.
SHATTOCK.*†— GUILTY of the uttering on 2nd June. — Twelve Months'Hard Labour.
FOLEY.*†— GUILTY of the uttering on 24th May. — Eight Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. SCALES Prosecuted.
EDMOND WEEVER . I live at 17, Barnes Terrace, Deptford, and am an iron plate worker—on 13th June, between 9.30 and 10,1 was in a public-house in New Cross Road, the prisoners came in and we began talking, and Simpson said "You don't belong to about this part"—I said "No, I come from Wolverhampton"—we drank together, I paid; we then went to another public-house, where we drank, and I paid; we stopped till turning out time, 12.30; then they took me down a little street, and turned up another street, which led into a yard or stable—I wanted to get out, Simpson knocked me on my mouth, knocked me down and kicked me on my forehead, and as I was trying to get up he kicked me in my eye and made the blood spurt out and turned it black—before he kicked me I said "Let me get up"—Simpson said "Now then," and they both fell on me and held me down while Leighton took the money out of my pocket—there was about 12s. in the purse and some coppers, it might be 6d., in the other pocket—I struggled while on the ground, but they held me, I could not struggle much; after they got my money, they gave me a kick and ran away—I lay on the ground I don't know how long, and then went down the yard into the street—while trying to find my road home I met a policeman; I spoke to him; he took me to the bottom of the street, where we met another policeman, 361, and they took me to Simpson's brother's house—they brought him outside, and asked me if he was one of them—I said "No"—they then took me to the prisoner Simpson's, and I recognised him as the man—I charged him—when they were going to take him he said "Don't have me took, I will give you 10s. now, and I have a job to go to in the morning, and if you go I will give you a share of the money'—I never had seen the men before, and was never in either of the public-houses before—I could not get out at the end of the street they led me into—I was in their company altogether about two and a half hours—I was sober when I met them—when I left them I was not drunk nor sober, I knew what I was doing—I am quite sure the prisoners are the men.
Cross-examined by Simpson. I did not leave the bar with two females leaving you and your friend in the house—I did not drink soda water or lemonade that you called for.
Cross-examined by Leighton. I saw you both first at 10 o'clock in the Royal Albert.
ALFRED MARSDEN (Policeman R 41). On 14th June, about 2.30 a.m., I was in Creek Road, Deptford; the prosecutor made a complaint to me and gave me a description of two men—I went with Ashford and apprehended Leighton; Ashford took Simpson at 44, Bayland Street, Deptford—the prosecutor identified them; they were charged—Leighton said outside his house "Don't charge me, I will give you 10s., I have got a job to go to in the morning, you can have a share of it if you
like; I will pay for a doctor if you like; don't press the charge against me"—the prosecutor identified Leighton also—I found 1s. and a knife on him—the prisoner and prosecutor were sober—Weever had wounds on his eye, ear, and mouth, where he had been kicked—he was bleeding from his mouth and eye when he came to me.
WILLIAM ASHFORD (Policeman R 361). On 14th June I went with Marsden and Weever to 88, Church Street, and called Simpson out—Weeyer shook his head; we then went to 44, Bayland Street; I knocked at the door, went into the room, and there saw the two prisoners; I brought out Simpson first; Weever immediately identified him—I handed him over to Marsden; I went back and fetched out Leighton and the prosecutor identified him also—I searched him; no money was found on him—Weever was bleeding very much from his face and head.
Cross-examined by Simpson. I did not hear Weever tell the inspector at Deptford that he had left the last beer-house with two females—I was present when the charge was taken; nothing was said about women.
ANNIE FOSTER . I am barmaid at the Royal Albert public-house, New Cross Road—on 13th June I saw Simpson there between 10.30 and 11.30; I do not recognise Leighton—Weever was there—I did not see them come in; drink and tobacco were called for, and Weever paid—he was not sober and not very drunk—I did not see him go out—I had never seen any of them before.
Cross-examined by Simpson. There were not two girls in Weever's company—my master did not refuse to serve any more drink because there was a disturbance.
Witnesses for Simpson.
ELEANOR BRANDON . I live at 44, Bayland Street, Deptford—looked in the public-house with Mary Garrett; Weever, whom I had never seen before, called Mary Garrett in and asked her to drink—I went in with her—we went out; Weever followed us in a lonely place; he put his hand on Mary Garrett's shoulder and tried to use her roughly; she poshed him, and as he fell he caught my leg and tried to throw me over; I kicked him in the face; we left him there and ran down Church Street, and when we got in Simpson and Leighton had been in several minutes I believe.
MARY GARRETT . I looked in the Crown and saw the prisoners and Weever—Weever called me in; I had a drink, he paid for another pot—when we went out he followed us—we went round the corner by the perambulator shop, and he offered us a shilling—we told him if he walked a little farther up he might find girls who would like his shilling more than we would; he tried to take hold of my shoulder; I pushed him down, he rolled over on his side, and my friend kicked him.
Cross-examined. I live at 44, Bayland Road, and go hawking flowers or anything in season—I was sober.
Cross-examined by Leighton. Weever could hardly stand for drink.
Simpson in his defence stated that he and Leighton were drinking with the prosecutor, and that he was so drunk they gave him soda-waier; that the protecutor afterwards left with the females, and he and Leighton went home but did not go to bed, as they had to go early to work next morning, and after they had been in a little time the women came in out of breath.
Leighton in his defence said that he left the public-house with Simpson, who said that as it was so late and he might be locked out, he had better go home with him; that he did so, and they sat up, having to go early to work, awl that at the station the prosecutor had said there were two women in his company at the public-house, and he did not know if they had his money.
NOT GUILTY .
MR. SCALES Prosecuted; MR. HORACE AVORY defended Bailey.
WILLIAM CHRISTIE MOWBRAY . I am a coach builder, of 97, Evelyn Street, Deptford—on 26th May I had been driving a horse and cart, and about 7 p.m. left it outside the Black Horse public-house—I was in there about four minutes, when I came out it was gone—I communicated with the police five or ten minutes afterwards—I saw the prisoners next day at Greenwich Police-court—I had not seen them before.
Cross-examined by MR. AVORY. I left no one to look after the cart—the name was on the caps of the wheels—I know Bailey's father to be a respectable man and an inhabitant of Deptford.
JOSEPH JOHNSON . I live at 111, Evelyn Street, Deptford, and am a corn dealer—about 8 p.m. on 26th May I was at my shop door, which is about 100 yards from the Black Horse—I saw the pony and cart going along; the two prisoners were in it—Nightingale was driving.
Cross-examined by MR. AVORY. It was about 7.45—I had never seen Boiley before; I just saw him driving past—I took particular notice of him because I knew the pony—that was all I saw of them.
WILLIAM GRIFFITHS (Policeman R 93). On 26th May, about 9 p.m., I saw the prisoners driving at a furious rate in High street, Woolwich—a little alter 10 o'clock I was called and found Nightingale lying on the ground, having been thrown out from the trap—I called a doctor to dress his wound and conveyed him to the station on a stretcher—Bailey was standing alongside trying to get Nightingale away—he jumped up in the trap—I suspected something was wrong, caught hold of the pony by the reins, and Bailey jumped out at the back and ran away—Nightingale was not sober, Bailey was.
Cross-examined by MR. AVORY. He knew what he was about; he had been drinking a little I could see by his face; I could tell by his manner; he could walk straight; he staggered a little—it was a little after 9 o'clock when I first saw the cart—Nightingale was driving; he did not appear to be drunk then; he was going too fast—the trap had come in contact with the kerb as they were turning a corner, it was not turned over both of the prisoners were out—I don't know how they got out—I did not see it come into collision with the kerb—Nightingale was insensible on the ground—he was wounded on the head and drunk—Bailey was trying to get him into the cart to take him away—Bailey jumped out of the cart; I don't swear he ran—after I brought the pony and cart buck I turned my attention to Nightingale.
didn't understand how to—Percival was had up before the Magistrate and discharged.
Cross-examined by MR. AVORY. Evelyn Street is about four milee from High Street, Deptford.
FRANCIS SHAVE (Detective R). On 26th May, from information received, I went to 2, Kelly Road, Deptford—I saw Bailey and told him he would be charged with being concerned with others in custody in stealing a pony and cart from outside the Black Horse—his father was present—he said "Is that so?"—the prisoner said "It is all right, father."
Cross-examined by MR. AVORY. His father said "Is that so; do you know anything about it?"—I found him at his father's house at 2 a.m.—his father is a respectable man—the prisoner is a working bricklayer with a perfectly good character as far as I know.
GEORGE PURBROOK (Sergeant R). On the morning of 27th May I saw Nightingale in Woolwich—I told him I was a police-officer, and that he would be charged with two others in custody in stealing a horse and cart on the night of the 26th—he said "I found it straying in Evelyn Street"—he was perfectly sober.
Cross-examined by Nightingale. You did not ask me coming up in the train who the two men were, as you were so drunk you did not know what you were doing.
Nightingale, in his defence, stated that he went to see some friends and got drunk, and that he knew no more till he found himself in a cell with his had cut open.
MR. SCALES Prosecuted.
JOHN MERDITH . I lived at 13, Longton Grove, Sydenham, and am a retired surgeon—on 22nd May, about 5 or 6 p.m., I was walking with my wife at Kirkdale, Sydenham—the prisoner asked me to give him something—I declined; the prisoner followed and pushed in between myself and my wife sideways, muttering something; I could not hear what he said—ultimately he opened a basket he had in his hand—we went into a confectioner's shop, and were in the shop about five minutes—when we came out the prisoner was standing on the kerb, not many yards off, with his back to the window, evidently waiting for us—we passed behind him—almost immediately he rushed upon me and struck me a sharp blow in the back of the neck—I was not aware that I was stabbed till my wife said that I was bleeding—I then called out for the police and protection, as I thought he was coming at me again—I struck at him with my walking-cane—I saw a knife afterwards in his hand—a policeman came and I gave the prisoner in custody—I bled a good deal—I went to Mr. Waller's, and his assistant dressed the wound—my wife is an invalid, and it would harm her to attend here—the wound is not entirely healed yet.
JOSEPH HENRY CLEMPSON . I am Dr. Waller's assistant—on 22nd May Mr. Meredith was brought into our surgery, which is within a few yards of where this took place—I dressed the wound, which was a nasty cut, about 1 1/2 or 1 1/3 inches long and to the bone—it must have been made with a sharp knife—this knife would have produced such a wound—he
was bleeding very much, his collar was saturated—the prisoner was brought to the surgery by a policeman at the same time, he was sober.
ARTHUR RICHARDSON . I live at 143, Victoria Road, Penge, and am assistant to Mr. Patton, cheese and butter merchant, Sydenham—on 22nd May I was walking in Kirkdale and saw the prosecutor and his wife walking along outside Bhodes's, the confectioner's—the prisoner came along and deliberately stabbed him in the back of his neck with a knife like this—I did not know he was stabbed till I saw the blood—the lady was overcome and asked for assistance—I laid my basket down and went to the prisoner—he said "I don't want to hurt you or anyone else," and he wiped the knife on his trousers and put it in his pocket—I detained him till a constable came and took him.
WILLIAMHEDGE (Policeman P 99). At 6.25 on 22nd May I was in plain clothes, off duty, and saw a crowd outside Dr. Waller's surgery, I went across, and Richardson pointed the prisoner out to me as having stabbed a gentleman—I took him in custody, asked for the knife, and he produced this from his inside coat pocket.
The prisoner in his defence stated that he had been in two lunatic asylum and did not know what he was doing.
GUILTY .— Twelve Months' Hard Labour.
MR. SCALES Prosecuted; MR. MOTE Defended.
GEORGE HOW . I live at 14, Hancock Street, Woolwich, and am a fitter and turner in the Royal Arsenal—on Friday, 23rd May, about 10 o'clock p.m., I was in Park Lane and heard a child crying—I picked it up and took it to the police-station—it was well wrapped up and had a bottle of milk by its side.
Cross-examined. I saw nobody near the place when I picked it up, it was very dark, the prisoner night have been there.
By the COURT. The child lay in a lane which runs between market gardens on one side and a field on the other—many people pass there—the nearest house is a quarter of a mile off.
ELLEN ESTOR . I am the prisoner's sister, and reside at 1, Union Walk, Greenwich—on 26th May the prisoner told me she was going to take her baby to a person to nurse it on Friday evening, and she went away from my place at y o'clock—I did not see her again till the next day at 1 o'clock—on the Monday she told me she had left her baby in a lane and wished me to find it—I knew she had recently been confined—she did not tell me where she was going to take the baby to.
Cross-examined. She told me before she had called on Mrs. Ross with whom she meant to leave the child—I can't say if Mrs. Ross was in when my sister called—my sister was in service, and left to be confined—she is engaged to be married to a man in the reserve forces—he is the father of the child—she was fond of the child and treated it kindly—she seemed much distressed when she left my house—up to this time she has borne a very good character.
ANDREW MEARING (Police Inspector). On 26th May, about 8.20, I saw the prisoner at 9, Union Walk—she was very distressed—I told her she would have to go with me to Woolwich Police-station, and that she would be charged with abandoning her child—she said she did not mean
to do it any harm, or she would not have waited till she saw a man come up; she saw him stoop to pick it up and she then hurried away—later on the said when she laid it down it had its feeding bottle by its side and was asleep—I took her to the station.
Cross-examined. I know nothing against her character—she has been in prison fourteen days.
GEORGE RICE . I am a surgeon and medical superintendent of Woolwich Infirmary—on 22nd May, about 4 o'clock, the child was brought to me, and hearing it was abandoned I weighed it and found it was five pounds two ounces, rather less than children usually weigh at that age—I weighed it again in a week and found it had gained considerably in weight—children generally do as they get older—the child is still in the infirmary and is in good health.
Cross-examined. For some time its bodily temperature was leas than it should have been—if a small child at birth it might not have weighed more than five pounds.
FREDERICA MIDDLETON . I am a midwife at Greenwich Infirmary—I attended the prisoner on 19th February in her confinement of a male child—it was a small full-time child and not very strong, I should think.
Before Mr. Recorder.
758. JOHN HENRY JENKINS. (56) PLEADED GUILTY to stealing 2l. and other, moneys of Samuel Morley and others; also to stealing five watches and other articles, value 11l. 16s. 6d., of John Pratt, as a bailee. Twelve Months' Hard Labour.
WILLIAM BROCKING . I am 11 years old; I live at Richmond—on Saturday night, 31st May, about 10 o'clock, I was standing by my master's, Mr. Hart's, shop at Richmond—I saw the prisoner come by—he picked up a pair of boots from off the ground in front of the shop and put them under his coat—I asked him for the boots; he said he was not going to give them to me—I went into the shop and spoke to Mr. Gurney, the manager, and we went after him and gave him into custody.
FREDERICK GURENY . I am manager to Mr. Hart—the last witness spoke to me, and I went with him after the prisoner in the direction of the police-station—I overtook him and told him he had got a pair of hoots and to give them to me—he said, "You are the governor, I will give them to you," and he gave them to me from under his coat.
Prisoner's Defence. The goods were exposed on the pavement. I had been to the workhouse and could not get admission. I was going to the station with the boots on purpose to get a night's lodging.
GUILTY — Two Months' Hard Labour.
Before Mr. Justice Hawkins.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
MARIA HESTER PAINES . I am the prisoner's wife; we have been married 10 years—I used to live with him at 5, Bowering Road, Camberwell—prior to 25th May he spoke several times about his going to America; he said he thought of going to New York, and that a wife in England was not a wife there—I told him he would be found—I did not know at that time that he was keeping company with anybody else in particular—he was in the habit of coming home late at night—on Sunday morning, 25th May, he got up before me between 7 and 8 o'clock—he afterwards came up again; I was then dressing; he said I need not have got up—he went back again to the kitchen—I finished dressing and went downstairs about five or ten minutes afterwards—I don't know what he was doing then—I went back to my bedroom and then went down a second time—there was a jug of coffee on the table, and he was stirring it—he said, "Shall we have breakfast?"—I said "Yes"—I then cut the bread and butter—he said, "Your coffee will get cold"—he tipped it from the cup to the jug—he drank a cup of coffee, but I could not say for certain where that came from; there was more coffee in the saucepan—he went on drinking his own coffee—he noticed that I had not drunk mine, and he put it back into the cup again and stood it on the table—I noticed a strange smell from it and said to him, "What a strange smell there is"—he remarked that it was from the water from the fish-globe, which he had emptied that morning and broken it in the sink, and the stones had fallen through—I knew it was not a smell like that—he smelt what was in my cup, and said it was all right—I said I would taste it; I did taste it; it was so horrible that I could not swallow it; I spat it out and rinsed my mouth out with cold water—he laughed at me and said I should put the fire out—I said I should not give the children any—I smelt what was in the saucepan, and he did so also; that did not smell like what was in my cup—he tipped what was in my cup back into the jug, and when he did there was a blue smoke came from the bottom of the cup—I said, "Oh, George, just look, if a cup of coffee was ever so hot it would never retain any heat to cause a smoke like that"—I did not until then really suspect anything—after that he said, "Well, if there is anything wrong with the coffee we had better throw the lot away"—I said, "No, leave it till it gets cold, and I will see if it smells then"—I put the jug on the dresser, and he took both the jug and the saucepan in his hand—I said, "Leave it, George, I will have it analysed," and then he threw the contents down the sink—the gravel stones from the fish-globe were in the sink; I wanted them taken out of the sink, and he removed them into the ash-bin—I afterwards took some of those stones and gave Mrs. Biscomb a portion of them; she gave them back to me, and I gave them to Dr. Oldfield—on Wednesday morning, 4th June, my husband got up first, before 7 o'clock—I did not get up till about an hour after he had gone to business—I cut his bread-and-butter while I was in bed—he brought me up a cup of coffee and went down to his own breakfast—I noticed that my coffee smelt strangely, smoking—I never intended to drink any more that he brought me, I did not taste it—it remained on the dressing-table till I got up; I then took it into the kitchen and put a portion of it into a bottle—I found a white jug of
coffee on the kitchen table where my husband had been haying his breakfast; I smelt it, it did not smell like what I had in my cup, and I put some of it into another bottle (No. 2), and subsequently gave both bottles to Dr. Oldfield; the one that had my coffee in was the largest—my husband came home about half-past 10 on the night of 4th June—I asked him to send for some ginger brandy for me—he knew I had not been well all the week—nothing was said about the coffee then—on the Sunday, 25th May, I asked him why he put the stuff into my coffee in the morning, and he said he put nothing in—I said, "There must have been something in it, or else it would not have been so nasty"—he said whatever was in it he had had his share—I said no, he could not have done, for what was in my cup nobody could drink—on Friday morning, 6th June, I was in bed, and he brought me up some coffee then—I put some of it into a bottle; there was no smell to it, but I kept it and gave it to Dr. Oldfield with a cork which my little boy found in the kitchen on the morning of 4th June.
Cross-examined by the Prisoner. I am sure you got up first on the first occasion—I did not always get up to breakfast; never on a Sunday morning—I never saw you put anything in my cup, but of course I think you did.
FRANCES BISOOMB I am the wife of William Biscomb, of 14, Coster Street, Peckham Rye—on Monday, 26th May, Mrs. Paines gave me a parcel; I took it home and kept it till the following Thursday, when I gave it back to her just as I received it—on Thursday, 5th June, she showed me a bottle of coffee and it small cork, and we went together and gave them to Dr. Oldfield.
Cross-examined. I have known you about two years—I never knew anything wrong of you—you were always very attentive at home—I came to see your wife on the Sunday, and she told me about this, and on the Monday she gave me a few stones which she was going to have analysed, but she said she would rather pass it over and think no more about it, and I kept the stones and thought no further of it.
Cross-examined. She did not tell me to take the cork from the floor, I found it on the floor and gave it to her—she said "Don't tell anybody about it"—she said nothing else—I did not pick up anything else—I picked it up without her telling me.
By the JURY. My father got up first on Sunday morning.
FRANKOLDFIELD I am a registered medical practitioner, of 174A, Boyson Road, Walworth—on Thursday, 5th June, I received a letter from Mrs. Paines, in consequence of which I went to her house in the evening—she gave me a packet containing about two handfuls of small stones, a small wine bottle, a small medicine bottle, and a cork—these produced are the two bottles; I put the date on them—in consequence of what she said to me I took them away to examine—there was nearly half a pint of the stones, small pebbles mixed with some ashes—I took them into my consulting-room, put them in a porcelain dish, and heated them in the dark; they were distinctly luminous, in my opinion from phosphorus—phosphorus dissolved in a liquid and thrown over stones would account for that appearance—phosphorus would not dissolve in coffee,
but it might be minutely divided, and pouring it over stones the water would dry off and leave the phosphorus there—I did not separate the stones, I packed them up again and sealed them—supposing phosphorus put into a cup of coffee and the coffee then emptied, the major part of the phosphorus would be left behind in the cup; there would be a luminous appearance and also smoke would issue from the cup, because it would be warmed with the coffee; it might possibly catch fire—phosphorus taken internally is a poison—the smallest dose that has been known to cause death is one grain; one or two grains would be dangerous and might cause death—there is a taste peculiar to phosphorus, somewhat resembling sulphur, but only to a slight degree—it would cause great irritation soon after swallowing and great pain—I cannot tell what the taste in the mouth would be before swallowing—I examined the two bottles; they both appeared to contain coffee—the larger bottle smelt of carbolic acid—I took a portion out and tested it; there was about half a pint or rather less—I found that it did contain carbolic acid—I did not analyse the quantity—there was no trace of any poison in the other bottle—carbolic acid taken internally is poisonous—it is uncertain how many grains would cause death, but eight or ten would certainly be fatal—it would depend much on the condition of the patient whether three grains would be dangerous to life—if mixed with coffee the greater portion of it would sink to the bottom; the coffee would only take up a small part of it if simply poured in or stirred a little—there would be a deposit at the bottom—if the acid was perfectly pure the deposit would be white, and of an oily substance; a part of it would waste at once, but a great part would be suspended—phosphorus is not soluble in water—I examined the cork; it smelt strongly of carbolic acid—eight or ten grains of carbolic acid would be about twelve drops or rather less—there would be a peculiar smell from it, somewhat resembling tar; there would not be a smoky smell with it; there would with phosphorus—I received another bottle next day, that contained coffee only—I sealed up the three bottles and the stones and handed them to Inspector Hunt on 11th June.
DANIEL HUNT (Police Inspector). I received the three bottles and a parcel containing stones from Dr. Oldfield on the 11th, and handed them over the same day to Mr. Dupre, at the Westminster Hospital, and the cork on the 13th, in the same condition as I received them, sealed.
AUGUSTE DUPRE . I am analytical chemist at Westminster Hospital, and am employed by the Home Office in cases of this description—on 11th June I received from Inspector Hunt a parcel of stones, a bottle marked "4th June B," containing nine and a half ounces of coffee with three grains of carbolic acid dissolved in it—also two other bottles marked "C" and "D," C dated 4th June; D not so marked—those containing simply coffee, sugar, and milk—I also received this small cork—it contained carbolic acid; it had evidently been a cork in a carbolic acid bottle.
JESSIE DAWKINS . I live at 14, Grange Road, Bermondsey, and am by profession by machinist—I have known the prisoner five weeks—I first met him on 3rd May in the Westminster Bridge Road—he was a stranger to me—he assisted me in a tram-car, that was how I first spoke to him; he got into the car too—from that time I was in the habit of meeting him almost every night, I generally met him in Southwark
Bridge Road, and went for a walk with, him—he told me his name was Alfred Sidney Price—I did not know that he was married; he did not tell me whether he was single or married, I supposed him to be a single man by his conversation—he used to go home to my house, and I introduced him to my mother and father, sister and brothers—he professed affection for me—I did not know that he was married till after he was in custody—he promised to meet me on the Saturday; he never came—he told me that he lived at New Cross.
Prisoner's Defence. There is no truth in my wife's statement from beginning to end; this case is brought against me simply through jealousy. I know nothing whatever of it. As to my saying that a wife in England was no wife in New York, that was merely an announcement on a playbill at the Surrey Theatre, and a mere passing remark of mine to my wife; it had nothing to do with my leaving her, there was nothing in my mind to that effect. I own that I was in the company of this young lady; that was my fault.
The prisoner's father, sister, and brother-in-law deposed to his good character.
GUILTY .— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted.
WILLIAM RIDEAL . I am a wine merchant, of 117, Union Street, Borough—on 30th May, between 12 and 1 a.m., I was going towards my office, and was attacked, I believe, by three men—I was knocked down, and when struggling on the ground my watch, valued at 31l., was stolen—I called "Stop thief"—I was dragged along the road face downwards, and became insensible—fortunately the swivel of my watch broke, or I don't know how long they would have dragged me—my arm was broken—I cannot identify the prisoner—they dragged me on the ground and bruised me very much—I suffered very much pain—I had not been drinking.
Cross-examined by the Prisoner. This was in Mint Street, I go down there three or four times a week—I have not seen you there—I called "Stop thief" after the watch was stolen, and was immediately knocked on my shoulders and on my face.
GEORGE BRIDGEN (Policeman M 25). At 12.50 on 30th May, as I turned out of Red Cross Street to go into Mint Street, I heard a cry of "Stop thief"—I turned my head and saw the prisoner pushing the prosecutor, and another man snatching something from his watch pocket—they all ran away—I ran round Red Cross Street into Queen Street, and met the prisoner at the corner, and called to a fireman to stop him, which he did—the prosecutor said that he had lost a gold watch—the prisoner said nothing—I knew the prisoner by sight.
Cross-examined. I chased you 300 yards and took you back to the prosecutor, who was at a public-house—I did not lose sight of you really, though I had to go round a short street—I was in uniform,—the whole affair did not take a minute.
—on 30th May, between 12 and 1 o'clock, I was coming from Mint Street, and saw the prisoner running from the constable as fast as he could; I ran about seven or eight yards and caught him.
Cross-examined by the Prisoner. As soon as the constable called to me to stop you I did so.
By the COURT. Mint Street is the lowest of low streets I think.
The prisoner, in a written defence, asserted his innocence, and stated that he was proceeding home when, hearing the cry of "Stop thief!" he ran to see, and the constable, losing sight of the thieves, caught him.
Before Robert Malcolm Kerr, Esq.
MR. SCALES Prosecuted.
GEORGE ALEXANDER MOTT . I live at Hanover Gardens, and am an agent and drysalter—on 7th May I was in Market Street, Borough—I was not very drunk, I knew what I was about—a little before midnight I came out of a public-house and went to relieve myself; I was suddenly seized from behind, thrown back, and choked by four or five men—my arms were sent back, my watch and chain were torn from my pocket, somebody took everything I had from my pocket—I next found myself in a cab, being taken home—I do not identify the prisoner—this is my watch (produced).
WILLIAM JOSHUA WOODS . I live at 62, Borough High Street, and am assistant to a pawnbroker—I took this watch in pledge of the prisoner about midday on 8th May—I saw no one waiting outside—I have no doubt it was the prisoner.
THOMAS PICKLES (Police Sergeant M). About 1 p.m. on 22nd May I saw the prisoner in Montagu Street, Borough, aud told him I should take him to the station for identification—Mr. Mott had reported the loss of a watch on the 7th, and we had found it pledged at Mr. Almond's in High Street, Borough; the prisoner did not deny it—I took him to the station, he was placed with six others, and Woods picked him out as the man who had pledged the watch—he was detained till 10 o'clock—when the prosecutor charged him the prisoner said "You can't say I stole your watch"—the prosecutor said "No, I shouldn't know the man that stole my watch."
By the COURT. The pawnbroker's is about 500 yards from the place where the robbery was committed.
The prisoner in his defence stated that anothtr man had asked him to pawn the watch, that he did so, and gave the money to him.
GUILTY of receiving .— Judgment respited.
764. JOSEPH KENNEDY. (43) to burglary in the dwelling house of William Augustus Older, and stealing a watch, chain, trousers, and other goods, and 1s., the property of Carlos Urritia, and a shawl, the goods of Emil Gitel.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
ADJOURNED TO MONDAY, JULY 28, 1884.