CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 28TH 1884.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE,
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 28th, 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; DAVID HENRY STONE , Esq., one of the Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; GEORGE SWAN NOTTAGE , Esq., JOHN STAPLES , Esq., HENRY AARON ISAACS , Esq., JAMES EDWARD GRAY , Esq., and DAVID EVANS , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Charley, Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL. D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CLARENCE SMITH, Esq.,
FREDERICK KYNASTON METCALFE. Esq.,
CENTRAL CRIMINAL COURT.
FOWLER, MAYOR. TENTH 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, July 28th, 1884.
Before Mr. Recorder.
MESSRS. GILL and A. K. FRANCIS Prosecuted.
CHARLES RICHARD BINNEY . I was formerly a colonel in the Royal Engineers, and now live at 14, Highbury Place, Islington, and carry on business as an engineer—I have known the prisoner about two years, and during that time have had business transactions with him—he was in partnership with Mr. Aves—I have written letters to him and he to me, and I know his handwriting and he has had every opportunity of knowing mine—on one or two occasions he had had cheques from me drawn on the London Branch of the London and County Bank, where I had a credit—the prisoner knew I had a credit there—this cheque (produced) was not drawn nor signed by my authority—as far as I can judge the body of the cheque is in the prisoner's handwriting, and I have no question as to the endorsement—it is not my habit to draw cheques on plain paper.
Cross-examined by the Prisoner. You received a cheque for 25l. From me in February—I could not say if you have altered your appearance in any way.
WILLIAM OWEN AVES . I live at 34, Aylmer Square, and am an engineer at 46, Barbican—I have known the prisoner some three years; during part of that time he was in partnership with me as an engineer—the partnership ceased last summer; during it I had frequent opportunities of seeing his handwriting—this 50l. cheque is in his handwriting to the best of my belief.
Cross-examined. I Came to see you when you were ill some two years ago—I don't know that you ever found some money which you could not remember where you had put.
presented for payment to me by the prisoner—in consequence of its being drawn on plain paper I spoke to Mr. Piggott—I told the prisoner I did not like the appearance of this cheque, that it was unusual for Mr. Binney to draw cheques on plain paper, and that I should not pay it on my own responsibility, and I would refer to the chief clerk—the prisoner said he was quite certain it was right, as he had just left Binney's presence and had seen him write it, and that he wanted it for wages—he offered to endorse it and to alter it; it was not necessary, as it was payable to bearer—Mr. Piggott said we might as well have the endorsement, and we did so, and I paid the cheque in gold.
Cross-examined. This was close on 4 o'clock—I never saw the person who cashed the cheque before to my knowledge.
Re-examined. Before the prisoner was arrested I went with the chief detective to a bowling green adjoining the public-house and looked through the hedge to see if I could recognize the man—he was not there then—some time after I went again and looked through the hedge with instructions to keep a sharp look out and see if I could distinguish anybody—I saw the prisoner there and identified him at once.
FRANCIS PIGGOTT . I am chief clerk at the Woolwich Branch of the London and County Bank—on 22nd April this cheque was handed to me by Hammond, who spoke about it—I asked the man who presented it, and who is the prisoner, why it was drawn on blank paper—he said Colonel Binney had not got his cheque book with him and he required the money for wages, and so drew it on blank paper—I asked one or two questions about it and then told Hammond to cash it—I went to the bowling green outside the public-house on a different occasion to Hammond to see if I could recognize the man, and I there saw the prisoner.
Cross-examined. I had not seen the man who brought the cheque before to my knowledge—the cheque was cashed between 3.45 and 4 o'clock.
WILLIAM WRIGHT (Detective Sergeant City). On 16th June I saw the prisoner and asked him if his name was Moss—he said "Yes"—I told him he would be charged with forging and uttering a cheque for 50l. on 22nd April last at the Woolwich Branch of the London and County Bank—he said "It is a bad job, I was in difficulties and very much pressed for money at the time, I had trouble at home and was low in circumstances"—I then took him in custody—on the way to the station and when near there the prisoner said "I don't understand this, this must be a mistake, I know nothing at all about it."
Cross-examined by the Prisoner. I and one of my officers had been watching you for some time—you made no objection to the arrest—I did not take these cheques out of my pocket, and you did not say "What are those?"—you made no allusion to Mr. Aves's money, you made a long statement about it in the railway carriage.
Re-examined. I read the paper telling him the charge of forging and uttering a cheque for 50l. on 22nd April and another one on 24th May at Upton Park about 300 yards from the railway station, and he then made the statement about its being a bad job before we started for the railway station.
Witness for the Defence.
recollect you being in Walters's company several times—I cannot recollect the dates—I cannot say if Mr. Walters is here.
The prisoner in his defence stated that on the day in question he was in Walters's company from half-past 10 a.m. till 6 p.m., and did not go to the bank. He contended that he was only identified by two bank clerks, who then saw him for the first time and by two people who thought it was his handwriting, and he asserted his innocence.
GUILTY .— Twelve Months' Hard Labour.
There were other indictments against the prisoner for forging and uttering cheques.
MESSRS. COWIE, Q.C., and BAGGALLAY Prosecuted; MR. BESLEY Defended.
FREDERICK WILLIAM WOODER . I am in the confidential inquiry branch of the General Post-office—I was instructed to make inquiries in consequence of the loss of letters passing the E.C. district office, in which the prisoner was engaged—I made up a letter addressed to the London Musical Agency, 71, Hatton Garden, London, and put in 52 penny postage—stamps, which I had marked—I posted the letter at the E.C. district office at 9.30 a.m. on 30th June—I called Inspector Martin's attention to it—an hour after I posted it I saw the prisoner going towards his walk, Hatton Garden, and deliver at 71, Hatton Garden, and I afterwards saw Mr. Calvert, who lives there, and then went in search of the prisoner—I saw him, about 1 o'clock, near his house, Baker Street, Lloyd Square, about 20 minutes' walk from Hatton Garden—I asked his name, and then whether he had finished his delivery—he said "Yes"—Mr. Stevens, who was with me, asked if he had delivered all his letters—he made no reply, but proceeded to open his bag—he was requested to leave it alone and accompany us to the General Post-office—we all three went—I then told the prisoner who we were, and said "I have been directed to see you in consequence of a number of missing letters applying to your walk; this morning, at half-past 9 o'clock, I posted a letter at the E.C. district office; that letter was placed among other letters for your delivery; I have ascertained that it is missing; do you know anything about it?"—I told him it was addressed to the London Musical Agency, 71, Eatton Garden, London, W.C., and that it contained 52 penny postage-stamps—he said "It has occurred to me since I was spoken to in the street that I cleared in a handful of letters to my delivery after I had tied up, and I remember placing them in my pocket, and until now I had nearly forgotten the fact; if they are now there I know that I am liable, and have laid myself open for the non-delivery"—he then produced from his pocket eight circulars, five letters, and two post-cards, including my letter, unopened—one of them had the postmark 27th June, and is from America—all the others are the 30th—five of them were addressed to the London Musical Agency; some contained an unused stamp inside, and one contained 3s. 4d. in stamps—they were all unopened—I said to the prisoner, referring to the American letter, "This should have been delivered on the morning of June 27th"—he said "I tendered it, but it was refused"—his duty was to return refused letters to the E.C. office on the 27th—I asked him where he lived; he said "4, Baker Street, Lloyd Square"—I asked him whether he had anything
there belonging to the General Post-office—he said "Not that I am aware of"—I instructed a police officer to go there, and he brought mo some letters—I spoke to the prisoner about them. (MR. BESLEY objected to these letters being given in evidence, as they were the subject of another indictment. The RECORDER ruled that he could not exclude them.) I said "What explanation have you to give in reference to these being found at your house?"—he said "The only way I can account for them is by taking them home and not dealing with them as I should have done"—of those, four post-cards and the circular are addressed to the London Musical Agency—they have the postmarks 13th February, 15th February, 13th February, and 10th May—one is London, December—Fry handed me an opened envelope addressed to the London Musical Agency, 71, Hatton Garden, London, E.C., with the postmark, Lame, Dec, and London, Dec. 17, 1883—I said to the prisoner "How do you account for these being found at your house? What have you to say in reference to these being found at your house?"—he said nothing—I said "What became of the contents?"—he said "It is such a long time ago I have forgotten all about it"—Fry also showed me these two catalogues of the London Musical Supply Company, 4, Baker Street, Lloyd Square—that is where the prisoner lived—he said he occupied the whole of the house—I asked him of whom the Company consisted; he said he was the sole proprietor—I said that these steps had been taken in consequence of Mr. Calvert's numerous complaints of not receiving orders and of orders having been executed by some other person in some cases—the prisoner said "If any orders addressed to him have been executed, it is through their being addressed to me by mistake"—his house is in the W.C. district, and Calvert's in the E.C.—four out of the five found at his house are E.C.
Cross-examined. I have seen the sorting at the General Post-office—I did not see it on 30th June—I cannot say I have seen men half sort their letters, and then when they have been called away the letters have been resorted, under the belief that they have not been sorted at all—I believe the prisoner has been 12 years in the Post-office—I believe he has been in Hatton Garden a considerable time—he took the morning delivery—the first is usually the heaviest—I heard that many people in Hatton Garden spoke very highly of him—I believe he was secretary to some society connected with the Post-office—I first saw Mr. Calvert about three weeks previous to 30th June—I saw him three times I think—I believe he is the sole proprietor of his business—he gives away new pieces of music—he did not ask me whether I could not require the prisoner to give up his business of the London Musical Supply Association—I do not know whether he asked the Post-office authorities whether they could not put a stop to his doing business—I went to 4, Baker Street; there was a large stock of music there—I did not see any assistant attending to the business—I saw Mrs. Langdown, I think, when I went there, about midday—the post-cards asked for catalogues to be sent, and why they had not been—they and the letter and the envelope were all addressed to 71, Hatton Garden, and were found in his house—when I asked him where the contents of the letter were he did not say he had no recollection how it came there, and that he did not open the letter—when I spoke about the non-delivery on the 30th June he did not say "I will see if they are there now"—I did not then take out the letters—he took the letters out of his pocket immediately—it is true that the letter of 27th
June was, as he said, offered and refused—I don't know that postmen are excused for detaining the letter if the person refuses to pay the postage and they take the letter away—I understood the prisoner admitted a fault when he said he had taken them home—a man is suspended by the Post-office for detaining things—I did not make the search at 4, Baker Street, nor was I present the first day when it was made—I have been shown no jewellery or portable property of any kind.
Re-examined. The prisoner's delivery on this morning was the second.
GEORGE HENRY FRY (Police Constable attached to the General Post-office). I went to the prisoner's house on 30th June by the direction of Mr. Wooder, and there found the 18 letters and postcards, and the empty envelope produced addressed to the London Musical Agency, and also these two catalogues and a number of advertisements of the London Musical Agency, 71, Hatton Garden, and these of the London Musical Supply, 4, Baker Street, Lloyd Square—there was a great quantity of music there—two rooms were set aside for the music business.
Cross-examined. The catalogue advertises pianofortes—I went to the place once or twice—I saw a servant there, no one serving in the shop—the music was arranged in shelves and pigeon-holes so as to be easily found—I searched throughout; I found nothing in the way of jewellery.
RICHARD MARTIN (Inspector under General Post-office). I believe the prisoner has been in the employment of the department nearly 12 years, and nearly the whole of that time in the E.O. district—in censequence of certain instructions from Mr. Wooder on 30th June I went to a letter-box and there found this letter marked 1—I placed it on the prisoner's walk with other letters a.m 5 minutes to 10—I then watched the prisoner—he cleared a handful of letters, and then I saw him sort this particular letter in front of him—it was amongst the first handful of letters, and I saw him sort it up—the envelope was a very distinctive light-blue colour—about 10.30, some time after I had seen him handle the letter, I left the office—the prisoner ought to have completed his delivery about 11.30—I afterwards saw him about 12 o'clock in Wooder's presence, when he asked him about some letters found in his pocket—he said they were the last handful he picked up after he had tied his bundle up—I said, "That could not be, it was among the first handful of letters you cleared for your walk"—he made no reply to that—I saw other letters taken out of his pocket—they all four ought to have been delivered by the 10.30 delivery that morning—a surcharged letter dated 27th June was also found on him—if refused at the address it ought to have been returned to the office—I saw a letter bearing the Lame post-mark, which should have been delivered at 71, Hatton Garden on 17th December, 1883, by the first delivery by the prisoner.
Cross-examined by MR. BESLEY. The letters were unopened when he took them from his pocket—I did not see them taken, but I saw them opened at the police-court—I believe the prisoner is secretary of a benevolent fund in the post-office—I was told a test-letter was going through; I cleared it from the box and impressed it with a red stamp in the ordinary course of my duty, and then placed it in the prisoner's walk, on the counter, which is divided into three portions—I should say he had about 200 letters, packages, and newspapers to be sorted then—there were about 10 men down the counter—I kept three or four feet off, where I had a good view of what he was doing—I waited till he came
about 5 minutes past 10—there was nothing unusual in his conduct that morning—he spoke to the other inspector before he cleared this letter—he may have gone to another part to collect subscriptions—letter-carriers tender a letter the second time if there is no answer.
Re-examined. I think the office the prisoner held has been taken over by some other person now.
CHARLES HENRY CALVERT . I carry on business as the London Musical Agency, 71, Hatton Garden, London—I complained on several occasions to the post-office of letters addressed to the London Musical Agency—on the morning of 30th June I was on the watch for the delivery of letters; I received five letters from the prisoner about half-past 11 or 20 to 12—the letters found in his pocket were not delivered nor tendered to me—a letter was tendered and refused, I believe that of the 27th June is the one—these are my advertisements.
Cross-examined. No one is carrying on the London Musical Agency business besides myself—the prisoner's advertisement may be the same as mine, I have not seen it—I wrote to the General Post-office on 2nd May, and went there at the end of May, and it would be in June that Mr. Stevens called—I made inquiries and found out that the prisoner carried on the London Musical Supply Association—I have been called on respecting missing letters, and I was advised to submit a case in writing to the secretary as to whether the prisoner should have thousands of my letters pass through his hands—in the winter I have as many as 1,600 letters a day—I do not open them all myself—the envelopes are sold as waste paper—this envelope of December never came into my possession, I swear it was never delivered to me—I complained of about 500 letters not reaching me—Mr. Wooder called perhaps half a dozen times after my letter on 6th June—I knew after that that test letters were going to be sent—on the 30th there were three test letters, of which two came.
Re-examined. The envelope with the Larne post-mark never reached me; I have searched back and found I had no communication with any person there, and I open my envelopes in a different manner to this.
By MR. BESLEY. The Echo report of the prisoner's committal for trial appeared in my monthly circular, and was sent to all those who had sent money to me and lost it.
The prisoner received an excellent character.
NOT GUILTY .
There was another indictment against the prisoner, for which see Old Court, Wednesday, page 467.
769. WILLIAM SMITH (20) and JAMES SCRIVENER (24) to burglary in the dwelling-house of Charles James Finch, and stealing two clocks and other articles; SMITH** also to a previous conviction of felony in February, 1883.— Five Years' Penal Servitude. SCRIVENER Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
770. WILLIAM EALEY (18) to stealing a post letter Containing an order for the payment of 10s., the property of the Postmaster-General, he being employed in the Post-office, and JAMES MICHAEL WALSH (19) to forging a receipt for 10s., and also one for 20s., he also being employed in the Post-office. EALEY received a good character,— Fifteen Month'sHerd Labour. WALSH Five Yeans' Penal Servitude. [Pleaded guilty: See original trial image.]
771. WILLIAM STEVENS (24) and THOMAS JONES (23) to burglary in the dwelling-house of John Battam, with intent to steal therein; STEVENS** also to a conviction of felony at this Court in August, 1881, in the name of Charles Williams, and JONES* to one in October, 1882, in the name of Frederick John Roberts.— Seven Years' Penal Servitude each. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, July 28th, 1884.
Before Mr. Common Serjeant.
MESSRS. and LLOYD Prosecuted.
EDWIN PHILIP ROSE . I keep the Waterman's Arms, Miilwall—on 27th June, about 1.10 p.m., my barmaid brought me a bad half-crown—I saw Sullivan there, and I said to him "Where did you get it from?"—he said "From my master, a butcher in Walworth"—I said "Have you got any more?"—he said "No," and paid me with a good shilling—I kept the half-crown and gave it to the constable; this is it—he left, and I sent my potman after him.
Cross-examined by Sullivan. I take my oath you are the man—you had a brown coat on then—I was very busy, but according to all appearance you are the person.
JULIA YOUNG . I am barmaid at the Waterman's Arms—on 27th June, about 1.20, a young fellow about 19 or 20, who I cannot recognizes, came in for half a pint of beer and gave me a half-crown—I handed it to Mr. Rose—I did not hear their conversation, as I was very busy, and when I came back the man was gone.
ANGELINA POLLE . My husband is a tobacconist, of 129, West Ferry Road, Millwall—on 27th June Turner came in about 7.30 and gave me a half-crown for something—I said "I don't think this is a good one"—he said "Don't you?"—I said "I will try it"—I tried it in the tester and found it was bad; it bent very easily—I gave it back to him, and he gave me a good florin—I called my husband, who followed him, and I went to the door and saw both the prisoners outside—they walked together, and the tall one was showing the other the coin—I recognize this coin by the mark of the till.
CHARLES POOLE . I keep this shop—I was in the back yard, my wife called me and pointed out the prisoners a little way up the street, walking away together—I followed them, and when they got to the third turning Turner had got the half-crown between his teeth, as if he was bending it straight—he then wrapped it up in a piece of newspaper and gave it to Sullivan, who put it in his waistcoat pocket—I followed them a good half-mile in my shirt sleeves, and without a hat—I spoke to a constable, who gave me some directions, and I walked to one end of an urinal and he to the other—I caught hold of Sullivan by his collar, put my hand in his waistcoat pocket, and pulled out three half-crowns, separately wrapped up in paper—the constable took Turner—we took them to the station—Sullivan said if it had not been for the other
prisoner he should never have been there—these are the two half-crowns (produced).
JAMES SIMPSON (Policeman K 135). On 27th June, about 3.30, Mr. Poole spoke to me and I gave him some directions—I was in uniform—I saw him pass the two prisoners; they went into an urinal when they saw me coming—Mr. Poole went in at one end and I at the other—I took hold of Turner and said "I am given to understand you have bad money about you"—he said "No, I have not"—Mr. Poole took hold of Sullivan and shoved his hand into his side pocket and took out two half-crowns—I looked at them and saw that they were bad—I searched Turner and found two half-crowns, three shillings, two sixpences, and two pennies, all good—I took Turner to the station, and he took Sullivan—I saw Turner searched at the station and a bad half-crown found on him—I heard them asked where they lived; they both said 61, Borough Road, which is a common lodging-house—I went there and made inquiries—I searched Sullivan and found 6 1/2 d. in bronze.
JESSE EMERY (Policeman K 46). I searched Turner at the station—I said "I am going to search you, undress"—he put his hand in his pocket and pulled out a handkerchief—I said "Pull your coat off"—he did so, and laid it on a table, and I shook if and these half-crowns fell out of the handkerchief—he said he had no bad money—I searched him further and found 13s. 2d. in good money.
Cross-examined by Sullivan. I was in plain clothes, cleaning the station, when you were brought in, and was called to search Turner.
By the COURT. Rose identified Sullivan at the police-court—he was with Turner in the dock; he was not put with others, there was not sufficient time.
WILLIAM WEBSTER . I am Examiner of Coins to Her Majesty's Mint—these four half-crowns are bad—the one from Turner's handkerchief is of 1874, and from the same mould as the one passed at the Waterman's Arms—one of the others is also of 1874 and from the same mould, and the fourth is of 1882.
The Prisoners' Statements before the Magistrate. Turner says: "I went with Sullivan as far as Millwall Docks, and he stooped and picked up a small parcel in the road containing three half-crowns. I looked at them and had no idea they were bad. I went to the nearest tobacconist's, and the lady told me it was bad. I said I was sorry, and tendered a florin. I went out and told Sullivan they were bad, and went into the urinal and the constable came and took us." Sullivan says: "I was not in that public-house, and had not been in once all day."
Turner's Defence. I have only to say that Sullivan found the coins. I went to the nearest tobacconist's and asked for a cigar and they told me it was bad. I said "You had better throw them away." He said "I will throw them into the river when we get down to the bridge." We went into the urinal, and the policeman took us.
Sullivan produced a written defence stating that Turner and a man named Butcher gave him the coins to hold and took them from him one by one to pass them, and then Turner told him to say that he found them.
Turner. I wish to contradict everything Sullivan has stated. He was asked at the House of Detention whether he had been there before. He said "No." The chief warder told him he had only just come out
of prison for the same offence, which can easily be proved. Everybody in the prison knows him. He had only left the prison a fortnight.
GUILTY of the two first utterings.
NOT GUILTY on the third. TURNER— Fifteen Months' Hard Labour. SULLIVAN— Twelve Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ELIZABETH McLEISH . I am an assistant at the post-office, Formosa Street, Maida Vale; it is a stationer's shop—on 22nd April between 4 and 5 o'clock the prisoner came in for a half-crown's worth of postage stamps and gave me a florin and sixpence in coppers—I found the florin was bad and showed it to my father, who gave the prisoner in custody.
Cross-examined by the Prisoner. I gave you the stamps and told you to wait while I went to my father.
WILLIAM McLEISH . On 22nd April my daughter brought me a bad florin in the drawing-room—I went and found the prisoner at the counter with half-a-crown's worth of stamps in his hand—I took them from him and said "Are you aware this is a bad florin?"—he said "No."
By the COURT. He did not resist—I said "Where did you get it from?"—he said "A gentleman over the way asked me to fetch half-a-crown's worth of stamps for him"—I said "Where is the gentleman?"—he said "Over the way"—I said "We will go and see where this gentleman is"—we went over to the Prince Alfred opposite and into two compartments, but there was no one there whom he recognised—I went out with him and gave him in custody with the florin and the bronze—this is the florin (produced)—he said the gentleman was going to give him sixpence for his trouble.
WILLIAM MORELY (Policeman X 522). Mr. McLeish brought the prisoner to me in Warwick Road and gave me a bad florin—he said "A gentleman gave it to me round the corner at the Prince Alfred public-house and said he would give me sixpence for my trouble when I returned"—I searched him at the station, but found no money on him—he gave his name William Harding, 1, College Place—I went there—he was brought up, remanded, and discharged.
CHARLES HOGDEN . I am a tobacconist, of 267, Great College Street, Camden Town—on the night of 13th July the prisoner came in for a box of lights and gave me this florin (produced)—I said "This is bad"—he said "My master paid it to me"—I said "Who is your master?"—he said "I don't like to say"—I took him to the police-court—the constable asked him where he lived—he refused to say.
SAMUEL ROBINSON (Policeman Y 211). Mr. Hogden gave the prisoner into my charge and said "This boy came into my shop and asked for a box of cigar-lights and tendered this florin," which he gave to me—I said to the prisoner "Is that so, is that the money?"—he said "Yes"—I said "Have you any more?"—he said "No"—I took him to the station, searched him, and found a shilling, two sixpences, a threepenny-piece, and twopence all good—I said "Why did you want to change this two-shilling piece when you had all this small change with you?"—he said "I did not want to"—I said "Where do you live?"—he said "I don't like to tell"—he afterwards said at College Place—that was correct.
Cross-examined. You did not say you changed the coin because you wanted smaller change.
Prisoner's Defence. I don't know where I took the florin, I had changed a half-crown during the day.
GUILTY of uttering. Recommended to mercy by the Jury.
MESSRS. LLOYD and HICKS Prosecuted.
DAVID HAMILTON . I am a tobacconist of 61, Southgate Road, Hackney—on 13th July Clarke came in for half an ounce of shag, which came to twopence, and put down a half-crown—I gave him 2s. 4d. change and he left—I put the half-crown by itself on one side of the counter and served some one else and then tried it in the tester and found it was bad, it bent easily—this is it—the prisoner had then left about five minutes—I went out and saw him with Ford about 120 yards from my shop walking and talking together—I followed them by a tram to the corner of Ball's Pond Road, where I got down and spoke to a constable on point duty; I then followed the prisoners to a tobacconist's 15 yards off—Clarke went in and Ford remained on the opposite side—the constable could see the shop—I went in and found Clarke being served by Mr. Spooner—the constable came in and I gave him in charge—Mr. Spooner produced a half-crown, which was handed to Wilson—I went outside and saw Ford—when he saw the constable and Clarke together he ran away, followed by some plain-clothed constables—I afterwards saw him brought to the station—I charged Clarke.
ALFRED SPOONER . I am a tobacconist, of 229, Southgate Road, Islington—on 13th July, about 4.15, I served Clarke with half an ounce of tobacco—he gave me this half-crown—I gave him 2s. 4d. change—I threw it into the coppers bowl—a policeman came in and asked me in Clarke's presence to look at the money I had taken—I looked at it, put it in the tester and marked it, and the constable took him in charge—he gave me back my 2s. 4d. and the tobacco.
FREDERICK TICKELL (Policeman M 171). On 13th July, about 4.15, I was on duty as points man in Ball's Pond Road—Hamilton spoke to me, and I saw the prisoners together—I saw Hamilton go into a shop, I followed him and said to Mr. Spooner "This man is passing couuterfeit coin; just look at the coin you have just received, is it a good one?"—he said "I will try it"—he tested it and found it was bad—I said to Clarke "You see that, you will have to go with me to the station"—a plain clothes constable came to me at the point when I left, and I said something to him, in consequence of which he stayed outside—I took Clarke to the station, and about ten minutes afterwards Ford was brought in—I found on Clarke half an ounce of tobacco, and on Ford was found a florin, four shillings, four sixpences, 1s. 4d. in bronze, half an ounce of tobacco, and a pawn ticket.
JOHN WILSON (Policeman N 363). On 13th July, about 4 o'clock, I was on duty in plain clothes in Southgate Road, Hackney—Tickell spoke to me and I stayed in front of Mr. Spooner's shop—I chased Ford about 300 yards—I lost sight of him for three or four seconds when he turned
a corner—I took him in custody and took him to the station, where he was asked if he had got any counterfeit coin—he said "No"—he gave a false address—I have heard Tickell's account of the money found on Ford, it is correct.
Clarke's Defence. A gentleman gave a piece of paper to Ford, we opened it and found these coins. I said "Go home and see whether they are good or not." I went into Mr. Hamilton's shop and called for half an ounce of tobacco. He gave me 2s. 4d. change, and I came out and gave it to Ford. I then went to another shop for half an ounce of tobacoo, that is all.
Ford's Defence. I say the same.
GUILTY .— Twelve Months' Hard Labour each.
MESSRS. LLOYD and SMYTHIES Prosecuted.
ELIZA WALKER . I am a widow, and live at 65, Blythe Street, Bethnal Green—on 15th July the prisoner came in for half an ounce of tobacco, but I only had a pennyworth—he gave me a shilling—I tried it and said "It is bad"—he said "No, it is not"—I said "Yes, it is"—he said "If you give it to me back I will take it back to where I got it from"—I said "I will go with you"—I did not give it back to him—a friend came out of the public-house and I went into the street and followed the prisoner; he beckoned him with his hand—I met a policeman at the corner, I spoke to him and he ran after the prisoner, who walked sharp and turned round, and I heard something drop; a little girl picked it up and put it into my hand, it was a shilling—the constable had hold of the prisoner at the time—he said he had not dropped it—my friend said "If you did not know it was bad, why didn't you pay for the tobacco?"—he said that he had not got another farthing about him.
MARY FROGLEY . I live at 8, Ann Street, Bethnal Green Lane—I saw the prisoner come out of the shop—a policeman ran after him—the prosecutrix said that he had dropped something, but I did not see it drop—I picked up a shilling and put it into the prosecutrix's hand, and the policeman took hold of it.
PATRICK READY (Policeman K 373). On 15th July Mrs. Walker called my attention to the prisoner—I ran after him and stopped him—Mrs. Walker gave me a shilling which he had passed in the shop, and another shilling which he had dropped in the mud which a little girl handed to her—I had seen him doing something to the off-side of his coat, and he could drop it without me seeing it—he said "I know you have not seen me drop it"—I found on him a sixpence, sevenpence three farthings in bronze, and half an ounce of tobacco.
Prisoner's Defence. I had some drink in a public-house, I put down half-a-crown and got two shillings in bad money. I never had a bad shilling in my life before. I have eight children.
GUILTY .*— Fifteen Months' Hard Labour.
OLD COURT.—Tuesday, July 29th, 1884.
Before Mr. Recorder.
776. EDWARD HURLEY (21) , Feloniously wounding John Mayne, a constable, in the execution of his duty, with intent to do him grievous bodily harm. Second Count, with intent to resist his lawful apprehension.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
JOHN MAYNE (Policeman T 254). On Saturday night, 21st June, I was on duty in the Sherbrook Road and was called by Isaac Clifton, who gave me certain information about 8.45—I saw the prisoner, who was apparently drunk, walk a few yards by Clifton's house, then come back within three feet of a plate glass window and throw a stone deliberately through—I was eight yards from him at the time—he walked quickly across the road—the prosecutor came out and said "Did you see that?" I said "Yes"—he said "I shall charge him"—I took him into custody; he said "Hold hard, what have I done?"—I told him—he said "I will see I don't b——well go"—he then tripped me up—we were on the ground struggling; he kicked me between the eyes, both of which he blackened, and on the left temple; and the back of my head was cut—after struggling for some few minutes he said he would walk quietly—I let him get up, he walked a few yards and then kicked me, using foul language—he tripped me up again; we had another struggle on the ground; he kept continually kicking—he then promised to walk quietly if I would allow him to, and I did a second time—as we were going along he said "You b——f—s——I will corpse you this time," at the same time making a deliberate kick at the lower part of my stomach; I turned and caught it on my left hip, and am still suffering from it—Shorthouse then came up, he assaulted him, and it took seven of us to take him to the station—on searching him I found a stone in his right-hand trousers pocket—I was attended by a doctor the same night at the station—I have been unfit for duty since, and am at the present time.
Cross-examined by the Prisoner. I did not see you at the Crown and follow you from there to the Norman Arms—I was not close enough to take you when you broke the window—I did not look for the stone—I did not throw you over on your head—when you got up you did not ask what I did it for, and I did not throw you over again—I held you by your handkerchief at the side of your neck; I did not twist it; I did not say, "I have got you this time, you b—s—, and I will not loose you"—you tried to loose yourself—we did not struggle and fall on the ground; I did not put my knee on your stomach, and you did not say, "I don't want to injure anybody, the law is too strong for me"—when Shorthouse came up I did not say, "You b——, we have got you now," and shove you over—while I was down you kicked me in the back—I did not see Rose, the third constable who came and who took you on the other side, pretty near choke you nor throw you on your back—you bit me in the hand; you dragged my left hand, by which I had hold of you, into your mouth at the same time as you assaulted Rose.
ISAAC CLIFTON . I am landlord of the Bedford Arms, Dawes Road, Fulham—on Saturday, 21st June, about a quarter to 9, the prisoner was near my house—a plate-glass window value 4l. was broken with a stone—when I went outside I saw the prisoner running away—in consequence of what I saw and heard I gave the prisoner in charge—on previous
occasions I had refused to serve him in my house—I saw him and the constable struggling together.
Cross-examined. I did not see you throw the stone; I charged you because customers told me you had stones in your pocket to throw at me or the window; I ran out, saw the policeman running after you, and he said you had thrown the stone, and pulled you out of the public-house opposite—I did not serve you because you are a bad character and have threatened me and my wife's life before dozens of times, you have come in there with stones in your pocket to throw at us—the inspectors did not come and tell me not to serve you.
ROBERT SHORTHOUSE (Policeman T 484). On 21st June I was in plain clothes on an omnibus passing through Dawes Road—I received information, got out, and found Mayne struggling with the prisoner, who was very violent—I interfered, and then Rose came up—the prisoner tried to bite Rose's leg and also in the privates—it took seven policemen to take him to the station.
Cross-examined. I saw you attempt to assault Rose—I did not tell the Magistrate I stood in the crowd and saw nothing.
JAMES ROSE (Police Sergeant T 52). At a quarter-past 9 on 21st June I was off duty, but I received certain information and found the prisoner in Dawes Road with Shorthouse and Mayne—the prisoner walked quietly for a short time and then turned very rough, said he would go no farther, and tried to throw them down and to bite me on the leg and in the privates, and then threw himself against the railings.
Cross-examined. I did not say when I came up, "Halloa, you b——, we will take you now"—you did not ask me not to twist your arm—you did not fall with me on your back—I did not kick you in the stomach.
FRANCIS EGAN . I am divisional surgeon of police—on 21st June, about 10 p.m., I was called to Walham Green Police-station to examine Mayne—I found he had a wound on the knee, an injury to the left thigh, an abrasion on the right knee, a bruise on the left side, the back of the neck bruised, both eyes blackened, and a cut on the left thumb, and a slight cut on the back of the head—he was seriously injured, and is still on the sick-list—he got a month's leave from the chief surgeon on Saturday.
Cross-examined. The bruises were freshly done—it would depend how it came whether an iron-tipped boot would produce the injuries between the eyes.
The prisoner, in his defence, stated that Mayne had asked the landlord not to serve him, and although he was sober the landlord refused to; that he stood out and heard the smashing of glass, and said to the constable, "There is glass breaking somewhere;" that the landlord came out and said he would charge him, and he was walking away when the constable came and threw him on his forehead and kicked him; that Rose twisted his scarf, and when he turned his head Rose said to tried to bite him; and he accused the police of kicking and ill-treating him on the way to the station.
GUILTY . There were 23 previous convictions against the prisoner, ranging from 1876, 11 of them of assaults on the police.— Five Years Penal Servitude.
a previous conviction of felony in July, 1879.— Six Month's Hard Labour. [Pleaded guilty: See original trial image.]
778. FELIX WALTER WARD (14) to unlawfully obtaining by false pretences from Edward Debley 2s. 6d., with intent to defraud and other sums from other persons with a like intent.— [Pleaded guilty: See original trial image.] Judgment respited to next Sessions.
NEW COURT.—Tuesday, July 29th, 1884.
Before Mr. Common Serjeant.
MR. HICKS Prosecuted.
ARTHUR JOHN HARRIS . I am a hosier, of 100, Newgate Street—on 28th June, about 11,45, the prisoner came in and my assistant served him, but I was very close—he asked for a collar at 3 1/2 d., and tendered a florin—Wilson took it from him and passed it to the cashier, who gave the change, 1s. 8 1/2 d., and the prisoner left—he came back in about five minutes, asked Wilson for a collar, and tendered another florin—I went up and bent it with my teeth and found it was bad—this is it—I said "Oh, this is the second time you have been in here this morning on this game, is it?"—he said "It has nothing to do with me, it is the man across the road you must look after"—I said "Very well, point him out through the window, and I will catch him; I don't want to lock you up if you are not to blame"—he did not offer to go to the window—he wanted to go outside, but I prevented him—he said he had to go on an errand for his master, and wanted to get away—he did not say that the collars were for his master—I called a barman in and left him with the prisoner, and went to the door and heard the prisoner stumble against a box, and turned back and held him, seeing it was not safe to leave him with the barman—he said "He was over there"—a constable came up and I gave him in charge, saying "If it is, a man across the road, constable let him point him out to you"—the prisoner said "He was here just now"—I afterwards looked in my till and found another bad florin; that was the only florin there, but I found another on the desk by itself.
Cross-examined. I did not go upstairs; I went up three steps to the desk—I tried the coin with my teeth, in your presence; I never left you at all.
CHARLES WILSON . On 28th June I was in Mr. Harris's service—I was serving in the shop about 11.45, and a man came and asked for a 3 1/2 d. collar, which I gave him—he gave me a florin—I passed it up to the cashier's desk, and it was put on the ledge—about five minutes afterwards the prisoner came in for another collar, and put down a florin—Mr. Harris picked it up and bent it in his presence, and told him it was bad—I don't identify the prisoner as coming the first time.
Cross-examined. Mr. Harris went upstairs to the desk, and brought the change down to you.
WILLIAM FULLER (City Policeman 321). On 28th June, about 12 o'clock, I was on duty in Newgate Street, and was called to Mr. Harris's shop—he gave the prisoner in custody for tendering a bad florin—he said he was sent by a man on the other side of the street—I said "Do you know the man?"—he said "I should know him if I were to see him"—I said "Where is he?"—he said "He was over there just now, pointing to the other side of the street—on the way to the station, as
we passed Warwick Lane, he said "Perhaps he has gone down there"—I said "Very well, we will go down there and see if we can see him"—we went some distance down, but he could not point out anybody, and I took him to the station—he gave his address 71, Britannia Street, City Road, and said he worked for Spiller and Preston—Mr. Harris said at the station that the prisoner had been in the shop five minutes before and bought a collar, and tendered a florin; the prisoner made no answer—I found on him 2d., and a packet of snuff in paper, with no name on it—I said "Where is the collar you bought?"—he said "I gave it to the man who sent me for it"—Mr. Harris gave me this florin, which he bent in the prisoner's presence, and also these other two bad florins (produced)—the third was found in the till.
GUILTY of the second uttering.— Four Months' Hard Labour.
MR. BAYLISS Prosecuted; MR. FULTON defended Hutchinson.
GEORGE SIMMONDS . I am a builder, of 25, Goldhawk Road, Shepherd's Bush—on 30th June, about 4. p.m., the prisoners came to my yard with a hone and cart, and Hutchinson said "We have come for the crab"—I walked across the road and asked the man in the cart who gave him authority to take the crab—he pointed to Hutchinson—I said "If you touch it I shall send for a policeman; Mr. Ellis bought it at a sale, you had better and see Mr. Stephens the auctioneer"—I said if they brought me an order from Mr. Ellis I would let them have it, and they went away—they came back in about half an hour with the horse and cart and Day gave me this note: "June 20th, 1884.—Mr. Simmonds, please let bearer have the crab. Yours truly, Mr. C. Ellis."—I did not bow Mr. Ellis's writing, but I believed it came from him and let them have the crab on the faith of that note, and they took it away.
Cross-examined by MR. FULTON. Hutchinson is a master-mason and employs men—he rented a piece of land from me and was 5l. in arrears for rent, and I directed Scott the broker to give him notice that I intended to sell what there was on the premises—I saw Hatohinson and Stephens on the Saturday night, when they ought to have brought the rent—I did not know that the crab had belonged to Day—I am not winking at you, I have had nothing to drink to-day—the crab realised 18s., but I only got 2s. 3d.—I would not give 7s. for it.
Re-examined. Ten weeks' rent was in arrear and notices, of the sale were put up.
present at the sale in May and saw the crab sold to Mr. Ellis—Day was there and saw it sold to Mr. Ellis.
Cross-examined by Day. You were dressed in the same clothes as you work in.
WILLIAM ELLIS . I am a carpenter, of 1, English Road, Bethnal Green—I live with Mr. Simmonds—on 2nd May I was at the sale in his yard and bought this crab—I do not know the prisoners—I did not write this paper, or sign it, or give any one authority to sign it, or to take the crab away—I never sign my name with "Mr." before it.
Cross-examined by MR. FULTON. I bought it for 18s.—I heard that there was a levy for rent on Day's goods—Day told me at the police-court that the crab was made over to him for wages owing to him by Mr. Hutchinson and that he had sold it for 1l.
AMBROSE DABLEY . I am a stonemason, of 14, Elm Gardens, Hammersmith—on 30th June Day was working for me, and I bought a crab of him for 1l. and some iron work for another 1l.—here are the two receipts (produced)—this is Day's cross. (Read: "June 30th, 1884, A. Dabley, bought of J Day one double crab, 1l. J. Day.")—I could sell three for 7l., if I had them.
Cross-examined by Day. You were working for me at the Hammer-smith Cemetery till 12 o'clock and again at 1 o'clock; it would take 25 or 30 minutes to go there—Day offered me the crab for sale either the latter end of March or the beginning of April.
Re-examined. He said that Hutchinson had given it to him in lieu of wages—I did not see him leave at 12 o'clock—on 2nd May he came back at 1 o'clock, but I saw him 10 minutes afterwards—I am perfectly certain it was May 2nd, I had lb or 20 men then—I do not remember the date, but I know it by my my books.
GEORGE WHITLOCK (Police Sergeant). On 5th July I went to Mr. Dabley's place and took Day—I told him I should take him for being concerned with Hutchinson, not in custody, for obtaining a builder's crab at Shepherd's Bush by means of a forged order—he said "I considered I was only dealing with my property, as the crab was made over to me by Hutchinson in part payment of wages due for work done for him; I should not have had anything to do with it if I had known it to have been sold by auction"—I took him to the station—I saw Hutchinson on the 12th detained at Peckham Station, told him the charge, and showed him the order; he said "The only thing I done wrong was to write the order, which I admit I did; I did it in the White Hart public-house, Uxbridge Road; I was half drunk at the time"—I took him to Hammersmith station, where he was charged.
Day's Defence. I did not know it was forged. Mr. Hutchinson gave it to me and told me if I took it to George Simmonds I should receive the crab, and I did so.
Huichinson received a good character.
NOT GUILTY .
FOURTH COURT.—Tuesday, July 29th, 1884.
Before Robert Malcolm Kerr, Esq.
786. REUBEN MICHAELS (22) to stealing a watch value 18s. 6d. from the person of Joseph Goldstein, having been previously convicted.— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
788. JOHN BRYANT (20) to burglary in the dwelling-house of Frederick King and stealing nine aprons and other articles, his property.— Twelve Month's Hard Labour. [Pleaded guilty: See original trial image.]
789. CHARLES CARDEN (23) to burglary in the dwelling-house of Joseph Thomas Preston, and stealing two tablecloths and other articles value 5l. 10s.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
791. ARTHUR MARKS (21) to burglary in the dwelling-house of John Walker Walby, and stealing two watches and other articles, his property.— Twelve Months Hard Labour. [Pleaded guilty: See original trial image.]
MR. CULPEPER Prosecuted.
GUILTY .— Two Years' Hard Labour.
MR. CULPEPER Prosecuted; MR. KEITH FRITH Defended.
ANNIE TERRY . I manage the Farringdon Hotel, Farringdon Street—on 10th July the prisoner came in and asked for twopennyworth of gin—he put down a half-sovereign and was given 9s. 10d.—he said to the barmaid "Did I give you half-a-sovereign? if I did I did not mean to, I intended to give you sixpence as I have plenty of silver"—she said" It was half-a-sovereign you gave me"—he said" Will you give me the half-sovereign back, I have plenty of silver"—she put it on the counter—he put the silver with it and asked for a sovereign—I prevented her taking it and put my hand on the money and said "You do not want a sovereign," and I called Mr. Terry, and he said he was trying to "ring the changes"—he ran away—a few minutes afterwards a woman came in spoke to Mr. Terry—the prisoner did not take any money when he went.
Cross-examined. The barmaid served him—I heard him ask her for the gin, and saw him served—I saw her put down the half-sovereign on the counter, and he said "Will you give me a sovereign for the half-sovereign and the silver?"—he said he had plenty of silver and did not want change—he did use the word "silver"—I picked up the money and asked her what she was doing—he did not say that she had 10s. of his money, but that I had—he did not then say "I have to give her another 10s. for the sovereign"—he did not offer to explain the matter to me and say he had made a mistake, he ran out of the house very quickly—I believe Mr. Terry said "Why, you are trying it on here again"—I believe the prisoner said he would fetch a policeman for his 10s—a woman came in afterwards and asked for the half-sovereign
belonging to her husband—it appears he sent a woman back for it and my husband refused to give it—I believe the woman went to the police-station—I did not go there—I do not know that the prisoner went to the police-station about this.
CHARLES TERRY . I am manager of the Farringdon Hotel—on 10th uly my attention was called to the prisoner by Mrs. Terry—I saw 10s. worth of silver and half-a-sovereigrn; which the barmaid placed on the counter—he was not covering the silver at first—I told Mrs. Terry to pick up the cash and she did so—I said to the prisoner "You are trying the old game on again, ringing the changes"—he said "You have got my half-sovereign, I will go for a policeman for you to give it back"—I said "If you wait I will go for a policeman myself and take you to Snow Hill"—when I made a move to go for a policeman, as he thought, he ran away—he did not take any money with him—afterwards a female came in and said she was his wife, and asked for her husband's 10s.—I said I should not give it to her—she stood there making a noise, and I went to the station and told the sergeant—I went with him to the corner of Charterhouse Street—I saw the prisoner on the opposite side of the road; he was waiting there, and eventually he was taken by the officer.
Cross-examined. When I went out I saw him watching my house outside the Victoria public-house; that was half an hour alter—he first mentioned the policeman—I had not seen the prisoner before—I have had the trick done before, and was anxious to catch somebody.
Re-examined. I have had people ring the changes before, and have once been threatened that they would go for a policeman.
BAXTER HUNT (Detective Sergeant). About 4 o'clock on 10th July I was called—Terry made a communication to me, and we both went out together—we went to the corner of Charterhouse Street, and saw the prisoner looking over a horse and cart in the direction of Farringdon Hotel; I followed him, and saw him speak to another man—I then went back and met Egan, and went to the public-house and took him into custody—I found a woman there asking for her husband's half-sovereign.
Cross-examined. The prisoner made no complaint.
GUILTY .**— Two Years' Hard Labour.
MR. CULPEPER Prosecuted.
EDWARD CHARLES LONDON . I am assistant to James Rawkins, who keeps a music shop at Moorgate Street Station Buildings—on 25th June I had gone to our other shop and came back, and I saw the prisoner leaning over the counter—he got up; he had the cash-box on the counter, and his left hand on it—I asked him what he was doing—he said he wanted a sixpenny book of songs—I asked him what he was leaning over the counter for—he said he was rapping on it to make some one hear—I heard no rapping—the cash-box was underneath in the drawer behind the counter where the cashier left it.
Cross-examined by the Prisoner. One of your hands was on the cash-box, and the other hand on the counter.
I went upstairs, and left the cash-box in the drawer under the counter—I saw the prisoner about half an hour before, when he came in and asked far a song book—we had not one, and he walked up and down outside, and looked in once or twice.
JAMES PERCY . I am a partner with Mr. Rawkins—I left the cash-box in charge of London on the day in question, when I left a little after 6 'clock, in its usual place and closed—it contained about 30s. which the constable counted in the Guildhall Court, and some postal orders, where I next saw them.
GEORGE JACOB (City Policeman 195). I took the prisoner about 8.10 on 25th June—I took him to the station, and he was charged with stealing a cash-box—when I told him the charge he said, "I do not think I ought to be charged with stealing, but only attempting to steal"—when he was searched four silk handkerchiefs were found on him, and 2l. 5s. 10d. In gold, silver, and coppers—he gave me an address at 4, Pleasant Row, Walworth, but I found there were four Pleasant Rows.
He then PLEADED GUILTY to a conviction of felony at Clerkenwell in October, 1883, in the name of John Smith.— Two fears' Hard Labour.
MR. CULPEPERM Prosecuted.
MARY ELEN BUNTING . I live at Finsbury Park—on Saturday, 28th June, between 1.30 and 1.45, I was coming up Aldersgate Street, when three fellows came up and stopped my passing—the prisoner dodged me backwards and forwards and took my watch; I felt a jerk, and looked down and saw my chain hanging, and I said to the prisoner, "You have taken it," and he said, "No, not me," and a young fellow stepped up and said, "Yes, it is you, I saw you drop it"—he had just let it fall on the ground—a constable came up, and he was given in custody.
Cross-examined by the Prisoner. I did not see you take it.
EDWIN JAMES MEAD . I live at The Green, Mortlake—I was in Aldersgate Street and heard Mrs. Bunting say she had lost her watch—I accused the prisoner of having it; he denied it and I saw him drop it; I picked it up; I laid hold of his arm; a policeman came up; he asked the lady not to charge him.
WILLIAM SPARKS (city Policeman 257). I was in Aldersgate Street at a little after 2 o'clock, when I was called and took the prisoner—I took him to the station and searched him, and found nothing—he begged the lady very earnestly not to charge him—he resisted me.
He then PLEADED GUILTY to a conviction of felony at the Guild-hell in March, 1884.— Eighteen Months' Hard Labour.
MR. CULPEPER Prosecuted.
GEORGER BERRY . I am a cabdriver, of Saunders Street, Kennington Cross—on 8th July I pulled up at a public-house in Belgrave Road and went in for some refreshment—before I had time to call for it I heard my cab going from the door—I ran out and followed as far as Belgrave Bridge, and called "Stop," but could not stop it—I got into another cab,
but with the confusion of lights, and so on, I lost sight of it—I went to the police-station and made a report of the loss, then I went round to the different ranks and told the men the number of the cab, and if they should see it pass to stop it—I next saw it at the police-station at Rochester Row—I found all my things as they were taken away, except my whip, the thong of which was entirely gone and the top broken.
JOHN BURROW (Policeman B 233). At about 1.30 on 8th July I saw the prisoner in the Vauxhall Bridge Road driving a horse and cab very fast—I stopped till it got opposite, and then a gentleman inside the cab called out "Stop, cabman, I won't ride with you any farther, you are drunk"—the prisoner jumped down and ran in the direction of Bes-borough Gardens—I pursued him and brought him back, and asked him for his badge number—he said he had none—I said "Where did you get the horse and cab?"—he said "I know nothing about it"—he was sober.
Prisoner's Defence. I was coming through Bessborough Gardens and the policeman came round the corner and said "I want you." I said "What for?" He said "For stealing this cab." I said "I know nothing about it." He said "You had better come along with me," and took me.
He then PLEADED GUILTY to a further conviction of felony at Westminster Police-court, in the name of William Raffles, in September, 1883.— Twelve Months' Hard Labour.
MR. BROUN Prosecuted.
GEORGE HARE . I am a solicitor, of 2, Exchange Buildings—on 1st July the prisoner called at my office and stated that he had purchased some property in the Mile End Road, that he had agreed to re-sell it a profit to a friend of his, and asked me whether. I would act for the lady from whom he had purchased, as well as himself, in preparing the agreement for the re-sale—he said he would bring the purchaser, and did so the next day—he saw me alone first and said "I have arranged for myself to receive the 20l. deposit, that will be all right, won't it?"—I said "I can say nothing about that until I have seen the purchaser"—I then had the purchaser in my room, in the prisoner's presence, and cautioned him against paying anything to the vendor until the title was shown to be satisfactory—the prisoner refused to complete, and I then arranged for the prisoner to receive the money which he had paid to Mrs. Margaret Horton, as he alleged, which was 10l., which he received from my cashier in my presence—the prisoner then said "I will bring you the deeds tomorrow, so that you can prepare the title"—he did not bring them—he produced the agreement and the receipt—the agreement was dated 1st In July, 1884, and purported to be made between Margaret Horton, of 67, High Street, Romford, Essex, of the one part, and himself of the other part—on the faith of that I prepared the agreement between himself and the prosecutor, whereby the prisoner agrees on demand to assign to the prosecutor all interest in the memorandum of agreement made 1st July, 1881—this was in consideration of the sum of 10l. paid to the prisoner as
a deposit on the signing thereof, and a further sum of 10l. placed in my hands—on the back of that document is a receipt by the prisoner for 10l., which I saw him sign—I wrote to the prisoner on 5th July, or my clerk did for the deeds—that letter was found on the prisoner—I also wrote Mrs. Horton a letter on 5th July upon the business, which was returned from the Dead Letter Office marked "Not known"—it was sent to Mrs. Margaret Horton, 67, High Street, Romford—he had never brought the deeds to me.
Cross-examined by the Prisoner. I believe you have been to my office some years ago—you had better not ask me whether I know anything against you.
WILLIAM VANDY . I am a fishmonger, of 75, Roman Street, North Bow—on 1st July I was introduced to the prisoner by a man named Lynn—he said he had got two houses for sale in Maplin Street, Mile End—he showed them to me, and said he had bought them and was going to sell them again at a profit—I went to see Mr. Hare, the solicitor, the next day with the prisoner, and paid 20l. deposit, the prisoner having 10l.—Mr. Hare said the deposit should not be paid over, and there was a squabble about it—I was not shown any documents—I did not make any inquiry about the houses—I made inquiry about Mrs. Horton on the following Friday—I went, I should think, to about 20 or 30 houses in Romford, but found no such person.
Cross-examined. I went three or four times—I did not see any receipts for rent—I asked whether you were the owner of the property, and you said "Yes," you had bought them, and were going to sell them at a profit.
By MR. BROUN. He told me he wanted 20l. to pay the deposit to the party; he did not state who the party was—before I parted with the money he asked me for some.
FREDERICK DOWNS (Detective Officer). I arrested the prisoner at the North Pole public-house, Stepney, on the 8th—I searched him at the station and found the documents produced and others not relating to this charge.
THOMAS STONE . I am one of the firm of Stone, Morris, and Stone, 5. Finsbury Circus, solicitors—I have known the premises 38 and 40, Maplin Street, Mile End, for the last 40 years—they were formerly known as 19 and 20, Regent Street—I have been in the habit of receiving the rents for that property for about 20 years—I do not know any one named Horton in connection with the property.
The prisoner in his defence said that a party called on him a week or a fortnight previously and told him the property was for sale, and he went to Mr. Stone about it, and he thought he could make a little profit out of it, as he had been in the habit of buying and selling property for some years and he never knew that anything was wrong.
GUILTY **.— Eighteen Months' Hard Labour.
798. THOMAS KING (20), EDWARD RANDELL (18), WILLIAM JACKSON (18) , Being found by night having in their possession without lawful excuse certain house-breaking implements, with intent to commit a felony, to which
KING and RANDELL PLEADED GUILTY .
MR. CULPEPER. Prosecuted.
Randell standing at one corner of a street in the square and Jackson at the other corner—they saw me—Jackson made a motion to the other two, and they walked away—I stood under the shadow of the tree in the square and saw the two prisoners, and crossed over into Exmouth Street and Lower Rosoman Street—at the corner of Corporation Row I saw two other constables—I called on them and pushed the prisoners into a doorway—the other constables came across, and the prisoners were secured—King's coat was projecting, and I put my hand into his left-hand pocket and found this jemmy (produced)—I asked him where they came from, and he said "Rotherhithe"—I said "What brings you this way?"—he said "I have an aunt living at Islington and I have come to see her"—I put the same question to the other prisoners, and they said they lived at the same address as King and had come with him—they were taken in custody; and at the station they were further searched, and a broken screwdriver and a chisel were found on the other two, and a knife and a box of matches—they were charged.
GUILTY .— Twelve Months' Hard Labour. (There were two other indictments against the prisoners.)
MR. RAVEN Prosecuted.
ROBERT BRADFORD (City Policeman 208). On 26th April I was on duty in Red Cross Street at about 11.45 p.m. and saw the prisoner and a man named Downs, who was convicted at the May sessions, standing near the Great Western Railway office—the prisoner shammed to be drunk, and if I had not got out of his way he would have run against me—I went up to the doorway of No. 11 and saw this skeleton key in the keyhole—I ran after them down Red Cross Street, caught them, and took them in custody and asked them what they were doing with the door—they said "You have made a mistake, old man"—the prisoner got away, and I took Down back to the doorway and asked him to account for the key being in the door—he said it was a mistake—I took the key out and took him to the station and found on him this jemmy this dark lantern (produced), and a box of silent matches, which we destroyed—the two men were together for about five minutes—I have no doubt of the prisoner—it is part of my duty to examine the doors—I noticed this door about a quarter of an hour before I saw the prisoner and it was all right then.
Cross-examined by the Prisoner. I had not hold of you a minute, I had not the chance—it was raining very heavy at the time, and you doubled under my arm and got away—I had you by the right collar with my left hand—you said "You have made a mistake this time"—your face is rather unusual—you are the man who got away from me—I had some conversation with Sergeant Cox about you—there has not been a warrant issued for your apprehension—I was asked to come to Newgate to
see if there was a man there I knew—when I was taken in to see you amongst others I said "Yes, I know that man, he got away from me on 26th April"—I had no conversation with Sergeant Cox before I went in—I gave all the information I could for your apprehension—I have not the report in the inspector's book.
PERCY LEACH . I am a clerk in charge of the receiving office in question—I locked the place up at 6.30 on Saturday evening—there is a door opening, into Bed Cross Street—it has an ordinary spring look—it does not require a key to shut it, you draw it to and it shuts with a catch—some parcels were left behind and 9l. in the safe—I know nothing of the prisoner.
ROBERT SAGER (City Detective). At about 12 o'clock on Saturday I went with an inspector to 11, Red Cross Street, gained access with a skeleton key to the office, and searched the place—I then went back to the police-station—Downs was then in custody, and was charged with attempting to commit a burglary, in answer to which he made some statement—on 7th July I served the prisoner with a copy of the depositions taken against Downs in the House of Detention—he said "Who has identified me?"—I said "The officer who had hold of you."
Witness for the Defence.
Cross-examined. I am the prisoner's brother, and lived then at Westminster, about two miles from him.
The prisoner in his defence called attention to the likeness which he said existed between the last witness and himself. He contended that his was not an uncommon face, and that the constable was mistaken, having, as he admitted, held the man for so short a time, and that those amongst whom he was placed at Newgate were of a different make to himself and two of them were young boys.
NOT GUILTY .
OLD COURT.—Wednesday, July 30th, 1884.
Before Mr. Recorder.
800. JAMES ANCHOR LANGDOWN (29) was again indicted (see page 447) for unlawfully delaying and detaining three post letters, the property of Her Majesty's Postmaster-General. Second Count, for delaying and detaining 18 letters.
MESSRS. COWIE, Q.C., and BAGGALLAY Prosecuted; MR. BESLEY Defended.
MR. COWIE, applied that the indictment should be quashed; it was framed under 21 Vic., c. 36, sec. 25, in which the description of the offence was coupled with excepting provisoes, and on the authority and in the words of Archbold, p. 66, he submitted that "if there be an exception in the same clause which creates the offence, the indictment must show negatively that the subject of the indictment does not come within that exception." This point was raised before Mr. Justice Stephen (in the case of Reg. V. Cross), who held the objection to be a proper one.MR. COWIE contended that all that was necessary to set out in the indictment was the averment, which contained all the necessary elements to make out the offence created by the statute. The present form of indictment was one framed on precedent, and had been used
without objection for many years, in the case of Reg. v. Cross Mr. Justice Stephen had not given any decision, but merely expressed an opinion. MR. BAGGALLAY referred to "Steele v. Smith, 1 Barnewell and Alderson," p. 94, as showing that it teas not necessary to negative each proviso; the cases referred to in Archbold were all cases in which there were distinct words connecting the proviso with the enacting clause, where it would be necessary for the prosecution to prove the negative; but in this case there was no such necessity, the prosecution could prove their case by proving the facts. The RECORDER would not stop the case, but as the point was one of great importance, he would reserve it if it became necessary.
The case of the Queen v. Mary Morley Cross was one of abducting a child, and was tried at this Court in November, 1882, when, after argument before Mr. Justice Stephen, the prosecution offered no evidence, and an acquittal was taken.
FREDERICK WILLIAM WOODER . I am employed by the General Post-office in making private inquiries—on 30th June the prisoner went with me to the General Post-office—I then asked him whether he had anything belonging to the Post-office at his house—he said "No, not that I am aware of"—I instructed Constable Fry to go to his house, and Fry subsequently handed me this packet, containing these four post-cards and 11 circulars—the post-cards are addressed to the London Musical Agency, 71, Hatton Garden; three of them are dated 15th Feb., and the other 4th June—among the others there are three letters addressed to Mr. E. Dow, 1, Leicestr Place, Little Saffron Hill; Mr. C. Gobie, of Hatton Yard; and Mr. Puzzie, Little Saffron Hill—the post-mark on those is Feb. 13—they are all within the prisoner's delivery, with one exception, that one is addressed to Mr. Bowie, Receiver General, Post-office—the postmark to that is indistinct—the others are all in the prisoner's delivery—some of the postmarks are Feb. 15, March 21, 27, and April 17—the others are indistinct—they were all unopened—I showed the prisoner the letters after they had been given me by Fry, and said "What explanation have you to give with reference to these being found at your house?"—he said "I can only account for them by having taken them home and not dealing with them as I should have done"—I said "How do you account for these four post-cards and one circular addressed to the London Musical Agency?"—he said "I must have put them in my pocket, taken them out, and forgotten them"—there is also an empty envelope addressed to the London Musical Agency, 71, Hatton Garden.
Cross-examined. The post-cards merely ask for catalogues of cheap music, and bear date February 13th, 15th, and 16th—the three letters are dated the 13th—one letter is a tax-paper headed "On H.M. Service," another is from a benefit society, another from a charitable institution, and another contains Debenham, Tewson, and Co.'s list; another is to Mr. Nicholl, on the Gem Musical Herald, and another a begging letter—I believe it is the custom to post letters in large numbers about Valentine's Day—there is a penalty on a letter-carrier for not promptly delivering letters, by suspension from duty—there would be nothing improper in a letter-carrier taking his bag to his own house to dry if it is wet, provided he bridgs it back again.
30th June the last witness sent me to the house where the prisoner lived, where I made a search and found these 18 letters and post-cards and a catalogue of the London Musical Supply Company—I handed them to Wooder—I afterwards went round with the letters to their addresses, and only had difficulty in delivering two.
Cross-examined. I made a thorough search.
RICHARD MARTIN (Inspector in the service of the Post-office). The prisoner had been in the department's service nearly 12 years—I have looked through the 18 documents found at his lodgings; they should have been delivered at various times according to their post-marks—if he had any difficulty in delivering a letter he should endorse it and return it to the office, putting it in the official bag—Baker Street, Lloyd Square, is in the W.C. district, and Hatton Garden in the E.C.
Cross-examined. It would be irregular for a letter-carrier who had tied up his bundle and found there wore more letters for him to deliver, to put them into his bag loose—I believe the prisoner was permitted to act as secretary to a benevolent fund in the building—letters not delivered should not be offered again, they should be brought back to the office—he would mark "Refused" on them when he brought them back to the office—each case is dealt with by the post-office on its own merits—I knew of no case until to-day where a man has been prosecuted for detaining letters which when examined are shown to be thoroughly worthless.
By the Jury. The prisoner would not have more than his bag would hold—I cannot say whether there is any rule against a man putting letters in his pocket instead of in his bag.
CHARLES HENRY CALVERT . I carry on business at 71, Hatton Garden as the London Musical Agency—these post-cards addressed to me there were not delivered—I was there on 16th February—there was a letter-box in which they could be delivered, and there was no difficulty at any time.
Cross-examined. 1,600 letters are of ton delivered in a day to me in the winter; February is winter—my waste paper is tied up and sold about twice a year; I have not sold any since October, none of it is thrown away, I can produce every envelope—I employ about 11 persons now, there were 12 on 16th February—I occupy the first, second, and third floors—the letter-box is on the ground floor, which is Mr. Thomson's booking-office; my letter-box is 5 feet high and is in the front door of the house, and is mine alone—Thomson has a box of his own in the shutter—whenever the house was closed letters could be put into those boxes—only one of my 12 servants clear the box besides myself—there are only two keys; I never hand over my key, and when I am away there is only one key—I put the newspaper report of the prisoner's committal, without comment, into my circular, and gave it publicity—I did not apply as to whether the prisoner could not be prevented from carrying on business; the question was raised when the Post-office inspector called respecting a number of missing letters.
Re-examined. The inspector called about some hundreds of letters I had not received—I sent my circular with the report to 250 of those who had sent me remittances of from 1s. to 6s. and had received no answer.
By the COURT. I get letters addressed to other people improperly delivered to me; sometimes I have half dozen a day.
receive this letter through the post—it is properly addressed to my house.
Cross-examined. I was there in February—I go about the streets with my cab and am away from Hatton Yard from 8 a.m. to 9 p.m.—I am not married; I have a mother, sister, and brothers there—it is a living place—I had no licence to renew—I did not want to receive this letter.
PETER PUZZI . I live at 2, Leicester Place, Little Saffron Hill, Clerkenwell, and was in February and for 30 years before—this letter is properly addressed to my place; I did not receive it—there was no difficulty in its being delivered there; there is a letter-box.
Cross-examined. I am a looking-glass manufacturer—I carry on business at this address, I don't live there; I lock it up at night when I have done work, and open it in the morning, and am there all day—I don't want the letter.
The prisoner received an excellent character.
NOT GUILTY .
801. WILLIAM KIRKPATRICK (30) , Stealing whilst employed in the Post-office two letters, one containing a sovereign and two half-sovereigns, and the other a pair of gilt earrings, the property of the Postmaster-General.
MESSRS. COWIE, Q.C., and RAVEN Prosecuted.
CHARLES JAMES STEVENS . I am a travelling clerk in the Confidential Inquiry Department of the General Post Office—about the 9th of July I went down to the South-Eastern District in consequence of reports from that branch in Blackman Street, accompanied by Mr. Wooder and constable Bick; we got there about 5 in the morning; the employee were at their work sorting letters—the prisoner was employed at that branch and was sorting letters at one of the sorting tables—we placed ourselves in a position were we could see the prisoner at work, about six yards from him, in a slanting direction, looking down, not in the same office; I had a clear view of what he was doing—he continued sorting at the table till about 6.30, when he went to clear in the letters at the different walks—he went to the packet table and brought away a basket of packets and newspapers, which he brought to his seat, where he was arranging his letters for delivery—in sorting the packets I saw him take a small packet, take his pencil from his ear, and deliberately break the packet open at one end; he shook it and placed it on the third tier on his table, there are four tiers at his seat, and he covered it over with some papers—it was a small thin packet about two inches long—shortly afterwards he took the packet again from under the papers, and with his pencil he probed the inside of it—I saw him place the pencil down as if he was moving something—he again shook it and replaced it on the third tier—I also saw him examine some other packets in a very suspicious way, about 7 o'clock he tied up his letters for delivery; he took up his bag from his desk, shook it, it was perfectly empty; he then placed his letters in the bag, and with them this packet—I am quite confident that no one touched his bag but himself—he left the office about ten minutes past 7 to go out on his delivery—that was his regular time—he had no one to help him—I afterwards left the office and saw him on his delivery, and afterwards I saw him in the Blackfriars Road by the Surrey Theatre, he had then completed his delivery—I was accompanied by Mr. Wooder and Bick—I stopped the prisoner and said "Kirkpatrick, we belong to the
General post Office, you must come back with us"—he looked at us, hesitated a little, and then said "I will give up what I have in my bag, I have been tested, some one put the packets into my bag"—I said "You had better not say anything now, wait till we get to the office and then I will tell you what we saw you do this morning"—on arriving at the office he was taken into the Postmaster's room; I then told him who we were, and said "I saw you break open a packet this morning with your pencil, and afterwards put it into your bag and take it out of the office"—he said "When I finished my delivery in Peabody Buildings I shook out my bag and two sovereigns dropped on the ground"—he then produced these fragments of a packet, and said "Some-one put them into my bag this morning"—I said "No one touched your bag but yourself, and we are here in consequence of what I saw you do last night; when you finished your delivery at Fuller's Dye Works in Blackfriars Road, I saw you take a packet from your pouch and put it into your left-hand trousers pocket"—he said "No"—I said "I distinctly saw you, I was standing close to you at the time"—he afterwards said "I will tell you all about it; the packet contained a cigar, which I smoked, I don't know what became of the cover"—I had seen him do this—the officer then searched the prisoner and produced these fragments, which together form a packet addressed to Mr. A.H. Lee, 21, Great Bland Street, Great Dover Street—one sovereign and two half-sovereigns were found in his pocket—I said "Is that the money which came out of that packet?"—he said "Yes"—on looking at these portions of the packets I found there were marks of pencil which would be caused by probing it as I have described—his bag was then turned out and another packet was found intact, which was addressed to Mrs. Jackson, 23, Great Bland Street, Great Dover Street—that had not been opened—it was not in his delivery, quite in an opposite direction—he was asked to account for that second packet being in his bag—he said it had been put there, but I told him no one had touched his bag but himself—that packet contained this pair of gold earrings—I saw it opened at the police-court—the prisoner was told that he would be charged with stealing, and he was asked if he had anything to say—he made no reply.
PHILIP BICK (Police Officer attached to the Post-office). I was present with Mr. Stevens and Mr. Wooder at the S.E. office—I have heard the account Mr. Stevens has given, it is quite correct—I searched the prisoner, and found in his left-hand trousers pocket a sovereign and two half-sovereigns, and in his bag the unopened packet and a lead pencil.
FREDERICK MC KENZIE . I am inspector of the S.E. division—the prisoner, who is an Army pensioner, was employed at that office since 13th December—his district for delivery was Blackfriars Road—he was on duty on this morning from 5 till 7, when he went out to deliver his letters—these two packets were not in his delivery; he would have access to them while in the office.
ARTHUR HENRY LEE . I live at 21, Great Bland Street, Great Dover Street, Borough—these are fragments of a letter addressed to me; I did not receive it—I was expecting a letter from my father at Shrewsbury with money in it.
addressed to him—these are the fragments of the letter directed by a clerk.
The Prisoner's Statement before the Magistrate. "I told Mr. Stevens that I intended to bring back to the office the things he found me with; what he says is right about that; the packet with the cigar I own to."
The prisoner, in his defence, stated that he must have accidentally taken, up the packets with his own letters, and while on his delivery the two half-sovereigns tumbled out on the pavement, and he picked them up and put them in his pocket, intending to give them up on his return to the office.
He received a good character.
GUILTY .— Eighteen Months' Hard Labour.
802. SIMON JOSEPHS () PLEADED GUILTY to a common assault on William Stevens. He was also charged on the Coroner's Inquisition with the manslaughter of the said William Stevens , upon which no evidence was offered, the Grand Jury having ignored the bill.
He received a good character.— Discharged on his own recognisance to appear for judgment if called upon.
MESSRS. POLAND and DANKWERTZ Prosecuted; SIR H.S. GIFFARD, Q.C., with MR. MONTAGU WILLIAMS, Defended.
CHARLES BUTTON . I am an officer of the Probate, Divorce, and Admiralty Division of the High Court of Justice, and am the official shorthand writer of the Probate and Divorce Court—I produce a petition in the case of "Durant v. Durant and Smith," also an affidavit verifying the petition, and a certificate of marriage of 2nd January, 1862, that was filed with the proceedings—an appearance was entered to the petition both by the respondent and co-respondent; that appears on the minutes of the Court—no answer was put in by the respondent or co-respondent—on 20th June, 1883, the case came on as an undefended case before Mr. Justice Butt—I was present and took shorthand notes of the proceedings; I have the notes here, also a correct transcript—the prisoner was called as a witness; he was sworn, I believe by myself—I have a note of the opening by Mr. Inderwick; he was the petitioner's Counsel with Dr. Pritchard. (SIR H. GIFFARD objected to any statement by the petitioner's Counsel being referred to, and the Recorder expressing a doubt as to its admisbibility it was not pressed. The evidence given by the prisoner was put in and read; it alleged levity of conduct on the part of his wife, the result being that by agreement she went back to later parents; the portion upon which the perjury was assigned was the statement that he remained is India all his service and had not been in England until he quitted the
service and came home in 1883, when becoming aware of his wife having contracted a bigamous marriage he instituted the proceedings for a divorce.) At the conclusion of the case the Judge pronounced a decree nisi—after that the Queen's Proctor intervened; that appears on the minutes—his plea was filed on 11th December, 1883—I produce an affidavit by the prisoner of 18th December, 1883, in answer to the Queen's Proctor's plea—on 7th July the question raised by the Queen's Proctor's plea came on for hearing before Mr. Justice Butt—I was only present on that occasion for a very short period—I made a transcript of a portion of the prisoner's evidence; the rest was taken by Mr. Barnett, the official shorthand writer to the Admiralty Court—these three letters of 22nd May, 1869, 4th May, 1874, and 14th May, 1881, came out of the custody of the Registrar; I handed them to Mr. Brown—they are all signed "Durant," but I do not prove his handwriting—they were produced on that occasion, I think, by Mr. Lowe—the result of those proceedings was that the decree nisi was revoked, and the petition was dismissed on payment of the Queen's Proctor's costs.
CHARLES EDWARD BARNETT . I am the official shorthand writer to the Court of Admiralty—on 7th July I was present at the hearing of this case, when the Queen's Proctor intervened—after the case had been opened by the Solicitor-General and witnesses called by him, the defendant was called and examined by his own Counsel—he was sworn and examined by Dr. Pritchard; I produce a correct transcript of what he then swore (This stated that he had come to England on leave on several occasions and that when he stated on the previous occasion that he had not left India and come to England, he meant that he was not domiciled in this country until he came finally in 1883).
WILLIAM CAREY DAVIS . I am clerk to Messrs. Grindlay and Co., bankers and army agents, of 55, Parliament Street—we are agents for the defendant—I know him and know his handwriting—these four documents are signed by him (These were dated respectively 22nd May, 1869, 4th May, 1874, 11th May, 1878, and 30th May, 1881, addressed to the Secretary of State for India, reporting his arrival in England on those dates)—I also produce some other papers signed by the defendant (These were dated 31st July, 1874, 31st July, 1878, 31st October, 1878, and 31st October, 1881, addressed to Messrs. Grindlay and Co. from Bournemouth and enclosing life certificates)—this book (produced) is in my writing—there is an entry of mine on 9th January, 1879, of the defendant's embarcation from England—there is also an entry by me on 7th January, 1882, that the defendant was to depart on the 22nd—this signature to an agreement to take a house at Bournemouth in June, 1881, from Mr. Cox, I believe to be the defendant's.
Cross-examined. I was before the Magistrate—I believe Mr. Lowe was examined there on the part of the prosecution—he is here.
MATHEW HERNY COX . I live at 3, Suffield Terrace, Bournemouth—I know Dr. Durant—in 1881 he came to take lodgings at Bournemouth for a short time, at Marlborough House—I cannot say how long he was there—I sold him the lease of a house called Elm Brook—this is the agreement for it—I think he came, to live there in July, 1881, he did not stay many months—he came to me from Mr. Roberts, of Marlborough House.
a warrant for his arrest on this charge—I read it to him—he replied "It is not perjury, it is a mistake, I understood the Judge to mean had I been domiciled in England."
The Prisoner's Statement before the Magistrate. "I wish to say I never intended to swear anything that was not true, the whole thing is a mistake. My solicitors knew that I had been in England, I told them so and wrote them to that effect. I shall call them as witnesses at my trial."
Cross-examined. I have known him since 1870—I think he has been in the service since 1860—he is enjoying a considerable pension at the present moment—I have had very many dealings with him—I have always found him a perfectly honourable and truthful man—that is my opinion of him, I still hold it—I have had conversation and correspondence with him with reference to his divorce suit during the last time he was in England—I knew of his being in England on the different occasions, I signed his life certificates—I knew his address.
Witness for the Defence.
JAVOB NATHANIEL JONAS . I am a solicitor—during the initiation of the divorce proceedings in November, 1882, up to the granting of the decree nisi in 1883 I was a clerk in my brother's employ—he was at that time a solicitor in practice, and was acting as solicitor to Dr. Durant—I had the entire conduct of the divorce proceedings—from time to time I saw Dr. Durant and received instructions from him—this (produced) is the brief for advice on evidence which I submitted to Dr. Pritchard—it states "He, the petitioner, had never removed from his military port until he left India for good except for one or two short excursions to England"—I drew that statement from what was said to me by the defendant—he had informed me that he had been from time to time in England on leave—in consultation with him I showed him these instructions for advice on evidence and the opinion of Dr. Pritchard—I was not present at the time when he gave evidence when the decree nisi was obtained, I was unable to be present from illness—to the best of my belief a clerk of ours was present at the time, he is no longer in our service—Dr. Durant informed me that he was in England several times between the time his wife left him in 1862 and August 1882.
Cross-examined. I was not present when the case was heard in June, 1883—I have no one here who was—I had the sole conduct of these proceedings—my brother made an affidavit in the matter; this is it (produced) John Henry Randall is the name of the clerk who was present when the case was heard—I believe he is not present now—I have not seen him—I believe he was the only person present—I believe he has gone to New Zealand since—I did not instruct Mr. Inderwick, our Counsel, to say that the petitioner had not been away from India till August, 1882, or that he had no means to come to England—I don't know that it was necessary to account for delay; I know it was necessary if there was an undue delay—I drew the case—I didn't inquire the details of the short excursions to England—I drew a proof for the petitioner—I believe it is here, or a draft of it—I took his proof before he was examined—I think
the only copy brief I have was given to Sir Hardinge Giffard with other papers—I did not know when the petition was tried in June, 1883, that the defendant was engaged to be married to a lady at Carlisle—I never knew that he was engaged—I did not know that he was married till the delivery of the plea to the Queen's Proctor, not before—he did not tell me he was going to be married—I knew that he was living at Carlisle I don't believe that the absence from India is mentioned in the proof, but I will look—I didn't know that it was a material point at that time—I don't consider it material—this is the brief I gave to Mr. Inderwick—I don't believe the absence from India is in the brief—I believe it arose on the evidence—the defendant never asked me whether he could marry before the decree was made absolute.
NOT GUILTY .
NEW COURT.—Wednesday, July 30th, 1884.
Before Mr. Common Serjeant.
MR. CULPEPER Prosecuted.
ELLEN KEEFE . On 10th June, between five and six o'clock, I saw the prisoner in the Union public-house, Limehouse—he struck me on my head with a stick, and said "I will kill you and Morris besides"—I ran upstairs, and he followed me and hit me three times on my head with a stick—I put up my hand to protect my head, and got several bruises on my hands—I do not know why he hit me—I have known him a good while.
Cross-examined by Me Prisoner. I did not take 3l. from you and run upstairs, nor did you run after me and ask me to bring the money back; I was not in your company.
By the COURT. A young man named Morris keeps me—I am a respectable woman and not a prostitute—the prisoner and I were very good friends—I know nothing: about this 3l.
WALTER CROMBER (Policeman K 643). On 10th June, about 5 o'clock, I was on duty at the Eastern Hotel—I went to Union Place and saw Ellen Keefe and 491 K—Keefe told me that ehe had been stabbed by the prisoner and was going to the Asiatic Home—that is at 48, West India Dock Road—I went there with Harper and saw the prisoner in a back room—he burst open the door, and we told him we should take him in custody for assaulting a female—he immediately threw a brick, and then drew a knife and attempted to stab me—I closed with him and received a stab on the head from him—he then threw me down—he kicked Harper and struck him with this iron bar (a gas-pipe)—I got up and helped to arrest him, and we took him to the station—I suffered from the blow.
JOHN HARPER (Policeman K 491). On 10th June I went to Union race and saw a crowd, and a woman with her head covered with blood; two women were leading her to a doctor—I went to 48, West India Dock Road, and found the prisoner and a female in a back sitting-room on the ground floor—he jumped up, put his hand in his pocket, and pulled out something like dust, which he threw in my face, and then drew this knife (produced) and made a stab at me—it was open—I warded off the
blow and it cut my knuckles—he then drew back, made a rush at me, and kicked me in my chest right into the doorway, and I was unfit for duty till the 10th—he was about to make another rush, but I slammed the door in his face and shouted out "Here he is"—Constable Cromer came and opened the door, and the prisoner rushed out and stabbed him on his head and knocked him down—I took Cromer's truncheon and struck the prisoner on his arm—he gave us several blows with this iron bar, and with great difficulty we took him to the station—he smelt very strongly of drink, and he was sick at the station.
JAMES MURRAY (Policeman K 642). On 10th June about 5 o'clock I met Ellen Keefe at Union Place, Limehouse—I went to 48, West India Road, got in by the back way, and in the passage I saw the prisoner and a constable struggling together—the prisoner had a knife in his hand, and I held his wrist till somebody took it away—as soon as I got hold of him he kicked me in my stomach with his knee—I tried to throw him, but could not, as there was such a crowd in the passage—he got hold of an iron bar and struck me on the back with it—finding that I would not let go of his hand, he bit my hand; I then let go, and he went to the front door—I then went outside.
GEORGE SUMNER . I am a hairdresser—on 10th June, about 5.15, I saw the prisoner in West India Dock Road—he ran to a coffee-shop door—a constable and I followed him through the back door and missed him as he got out of the passage into a private house—the constable went in and called me, and the prisoner shied a brick and struck me on my head—he then drew a knife, and Harper Bang out "Help, he has got a knife"—Cromer came in and got him by the back of the neck, and he struck Cromer on his forehead with the knife—he was just like a madman—he kicked Harper, and struck me on my head, and I was taken away insensible and laid up for six weeks—he stabbed at everybody who came in.
Prisoner's Defence (through an Interpreter). I was drunk, and saw none of them. The woman who has given evidence against me stole 3l. of my money.
GUILTY of unlawfully wounding.— Eighteen Months' Hard Labour. (There was another indictment against the prisoner.)
806. STEPHEN MOON (39) was again indicted (see page 332) for embezzling 4s. and 8s. 6d. of Conrade E. Webb, his master; also to embezzling 2s., 2s., and 2s., of his said master, upon which MR. BESLEY offered no evidence.
NOT GUILTY . ( Sentence on last sessions indictment—To enter into recognisances to appear for judgment if called upon. )
OLD COURT.—Thursday, July 31st, and part of Friday, August 1st, 1884.
Before Mr. Recorder.
807. HARRY TILBURY (41) and FLORENCE JULIA TILBURY (15) were indicted for unlawfully conspiring to charge George Gresham Belcher, Joseph Dawson, and Henry Wheeler with attempting to take the said Florence Julia Tilbury out of the possession of her father. Other Counts for conspiring to commit perjury and to pervert the due course of justice.
MR. KEMP, Q.C., with MR. GRAIN Prosecuted; MR. BESLEY appeared for Harry Tilbury; MR. MEAD for Florenoe Julia Tilbury.
The prisoners by the advice of their Counsel declining to plead, MR. BESLEY for Harry Tilbury applied that this indictment might be quashed on the ground that it contained three offences. The prosecutor when he appeared before the Magistrates, who dismissed the cast, entered into recognisances under the Vexatious Indictments Act only to prosecute one offence, and the recognisance did not disclose which of the three offences it referred to. If the Court did not think proper to quash the indictment, he submitted that the prosecution not having obtained the leave of the Court should elect on which offence they intended to proceed. MR. MEAD made a similar application on behalf of Florence Julia Tilbury. MR. GRAIN contended that the recognisance embodied all that was necessary, and if the word "offences" instead of "offence" had been used it would be free from all objection; the Court, if necessary, had power to add the letter "s." The RECORDER did not consider that he had power to do that. In the case of Florence Julia Tilbury the Vexatious Indictments Act did not apply, as she had been committed by the Magistrate. He should therefore direct the prosecution to elect on which offence they would proceed. MR. KEMP elected to proceed on the conspiracy, on which the Court directed a plea of
NOT GUILTY to be entered for the prisoners.
GEORGFE WARDEN . I am a professional short-hand writer—I was present at the Edgware Justice room on 7th and 14th May last—I took notes of a charge made against three persons named Belcher, Wheeler, and Dawson—I saw the defendants sworn in Court on both days and took notes of the evidence they each gave on those days—I produce the original notes and a correct transcript (This was put in and read at length. In substance it alleged that the three persons, Belcher, Wheeler, and Dawson, had persuaded the female prisoner to leave her home upon her complaint of her father's cruelty and ill-usage, that disagreements had arisen between Belcher and Tilbury which had caused ill-feeling, ending in a charge by Tilbury against the three persons named, upon which the alleged perjury was said to have been committed by the defendants).
The following letter from Florence to her father was put in and read in the course of the case. "My dear father, now I say good-bye for ever. I am off down in the country, I have a place to go to and I shall be near Clara's home. Say good-bye to mother for me and all the children, and I will not forget the children that I toll mother I loved so, so good-bye to all for ever. I shall never forget what you said to me in the parlour the other night as long as I live, I shall always think of it. Never you try to fetch me home, for I never will come. I never want to see any of you again, nor come home. With fond love and kisses for the last, I am your loving child, Florence Tilbury. P.S. You told me to go, awl now I have gone. Good-bye."
Cross-examined by MR. BESLEY. I do not attend when applications are made for warrants—I do not think that the informations of the defendants a gainst Belcher and the others were taken by Mr. Tootell, I don't remember them—I do not think the papers were referred to in the course of the inquiry—the letter is one which the girl said she wrote in pencil at Mrs. Moore's—the result of the inquiry was the the Bench unanimously dismissed the charge against Mr. Tilbury—Mr. Grain went into the Justice's room for about a quarter of an hour or 20 minutes—I don't think it was directly afterwards that the Bench dismissed the charge, I think more evidence was given—I did not understand that they retired to consider it—it was a private and confidential interview between the professional men on both sides with the Justices—I have a note of what the Chairman said—the Magistrates having retired for about 20 minutes and returned, Mr. Johnson said "We have considered very carefully the evidence; the evidence of the girl has a great deal of doubt cast upon it by King; as far as we cm see it is not a sufficiently clear case to send, we therefore dismiss the prisoners"—that is the note when Belcher, Dawson, and Wheeler were charged with abduction—I did not take notes of the charge against the Tilburys.
GEORGE GRESHAM BELCHER . I am a cotton-broker, residing and carrying on business at Manchester—when I came to town they put me of at the premises where Tilbury lived—in February last I lent Tilbury 50l., and it terminated in my lending him something about 890l.; the books will show the exact amount—in consequence of a communication made to me in April by Dawson, I applied to the Court of Chancery, and wm appointed Receiver—on 2nd May I went to the premises in order, among other things, to take an inventory—the female prisoner was present—I told her that I wished to take an inventory of certain articles of mine, and I wished her to be present, as the took the part of looking after the linen as head housekeeper—I never made any suggestion to her to leave her father's house, or anything that could be construed into such a state of thidgs—she had said to me that she was very unhappy at home, so ill-used by her father, and so uncomfortable, that she intended to leave home and go into service—I never interfered with her at all—I never said "Will you leave your father's house, as I am going to ruin him, and if you will go to Manchester I will make a lady of you, as your brother hart turned round upon you"—I never made any such statement, nothing to that effect at all—I never suggested to her to pretend to get a situation as a blind—I have given her money, I dare say, on two or three occasions; it would be a matter of a few shillings, because the family were in great straits—I can remember on one occasion I gave her 5s. to buy coals with, as there was none in the house, and 2s. or half-a-crown to get herself and sister some food, as they were without food—I remember Friday night, 2nd May—I slept that night at Captain Bradley's, at The Elms, Golder's Green—I got up about 6 o'clock on the 3rd—I went to the stables at Bridge House about 7 o'clock, and remained there about an hour—I did not go to the house, I had nothing to do with the house after Friday—I saw Dawson, Wheeler, and King senior—I did not see the girl at all that morning—I left the stables about 8 o'clock and returned to Captain Bradley's, had my breakfast, and went to London—I went again to Bridge House late in the evening, about 7 o'clock—I did not see the girl in the house; I saw her in a cottage close by, at Mrs. Moore's,
as there was a message that she wished to see me there—until I received that message I was not aware that she was at the cottage, or that she had left her father's house—I went there ia company with the groom, Wheeler, who guided me to the place, and Mr. Dawson—I saw the girl—she told me she had left home and was going into a situation on the following Wednesday, and she asked me if I would assist her with some money to get some little necessaries that she required before going into the situation, to make her respectable—I did not do so; I was thinking over the matter, whether I would or not, when it was suggested to me to be careful about money matters, and I said "I cannot give you any money; personally, I should be glad to help you; I believe you are an honest girl, but if I give you money, your father is such a vagabond I don't know what he would make of it, and I decline to give you any money"—later on the groom said he had given her money, and I said "You shan't lose it," but it was not by any instructions from me—that was all that passed between me and her that day, and I left—I never suggested, or thought of suggesting to her, to leave her father—on the Sunday I went to Manchester—about midnight on Tuesday I went to the Hendon Police-station—I then discovered that there were warrants out against me for taking away the girl—I was taken before the Magistrates on two occasions; the charge was subsequently dismissed.
Cross-examined by MR. BESLEY. My address at Manchester is 10, India Buildings, Cross Street—I reside at 249, Upper Brook Street, Manchester, I occupy the whole house—I am not married—no action for seduction was over brought against me, I swear that—I once had an action entered against me for breach of promise of marriage, which came to nothing—I had no action, civil or criminal, against me with respect to women—I served my time to a business, I was not a servant—I have not brought an action or got 150l. damages for wrongful dismissal—there was an action for breach of contract when I was a partner with Mr. Blakeley as agents for a house in Egypt, five or six years ago—I am not in partnership with Mr. Blakeley now; I am now in partnership with Mr. Thomas Whitworth, of Manchester—I joined him last September—it is possible that in January last I may have requested Mr. Tilbury to come to Manchester to look at a horse that was lame; he was in the habit of calling on me, I had known him about two years travelling for dealers, and he called on me for orders—he may have broken a horse for me at Manchester in January, 1884—I cannot say how many horses I had then, it varies, sometimes more, sometimes less—I remember his looking at a lame chestnut of mine; he constantly looked at my horse's when he came to Manchester—I had a bay horse called Baron—I did not specially put horses under his treatment; I treated him as a friend—he gave me medical receipts for the horses, which I have—I lent him money and took an engagement from him—the first item, I believe, was 50l.—about the middle of March, I think, it was suggested that I should take the financial arrangement of the business, and that Mr. Johnson, the manager of the Capital and Counties Bank, should in future honour my cheques—I was not aware at that time that I was a partner in the firm; the firm was Tilbury and Sons, that was the only name I knew of; I was the only person to sign cheques after I found that Mr. Tilbury was very irregular, either from negligence or otherwise—I cannot remember any special entries in the cashbook—the books will be produced
in proper course, and will show what entries were made; I cannot remember individual entries—I did not spend a night with a lady in Leicester Square and put it down in the cash book as "8l. expenses and 4l. luncheon," I will swear that, it is a fiction—it is not true that on the 18th April I prayed Mr. Tilbury to overlook my extravagance; there was no such discussion, he had nothing to do with what money I chose to spend—there were no moneys of the firm—I had my own money—I cannot possibly say whether I drew 23l. from the banking account of the firm in one week, it may have been so, all the money in the bank was mine, and I drew what I liked—I put money in with a view of helping the business along, tending Mr. Tilbury was irregular—it was my private money—the account was opened as Tilbury's, and he signed a paper that from that date he ceased to sign cheques; before that it was his account, and he had the right to draw—I cannot tell you too what was drawn from the business from day to day—I cannot tell the largest amount I took in one week—I most certainly swear that I did not ever draw to a large amount and apply to Tilbury to overlook my extravagance; he may have said "I would rather be by myself in business, as I do all the work and you have all the pleasure and the money"—Mrs. Tilbury was confined wiihin a few days of the 2nd of May; she shut a cupboard where there were medicines made up for which there were orders, and she refused to give up the keys to Dawson and myself, and I told him he must break open the cupboard and get them—I did not put my fist in Mrs. Tilbury's face—I cannot say what Dawson did—I gave Tilbury in charge on 25th April for stealing a mare for which I had the receipt, and produced it at the police-court; the police thought there was not sufficient evidence to sustain it, and they would not take the charge; they made him deliver up the mare—it was in the public roadway that I gave him in charge; I asked him for the mare first—he was detained a short time at the station, I could not say how long; while he was there I took away a horse of mine and a saddle—I had a pass key—there were two horses taken away and some saddlery, I could not say exactly; nothing else that I remember—he threatened to remove goods and to injure my horses—I did not break into his wife's bedroom a day or after her confinement—the girl was in the bedroom on the 2nd of May to superintend the inventory—I did not close the door, it has hinges that naturally go to quickly of itself, without being pushed—I was in the neighbourhood of the room from a quarter to half an hour—I took Wheeler on for a time; he is not in my employ at present—I did not treat horses, I have nothing to do with the business that Tilbury carried on, it was dissolved—Wheeler was paid his wages when I managed the finances of the business, I think a guinea a week, I cannot say—Dawson said not been paid anything, and I paid has arrears after the trial began, something like 6l. or 8l.—I have paid Dawson 2l. a week because he had a certain salary with maintenance—they are not in my employ—I was appointed receiver, and I had to appoint such servants as were necessary to wind up the business, and in that way they have received what was right and proper.
Cross-examined by MR. MEAD. I could not say how many different sums of money I had given to Miss Tilbury, more than one; I don't say to her personally, I have given it in the kitchen when they have been short of something; I speak of the children generally—I could not say
how much I have given to Miss Tilbury—I will not swear whether she was alone when I gave it her—before May 2nd she made complaints to me of being uncomfortable at home; I sympathised with her as any ordinary man would, and said, "I am very sorry for you"—I said it was a pity to see a family in that way and the girl suffering—she told me she intended to leave home and go to service, and she was very unhappy at home—I didn't dissuade her one way or the other, I left her to her own devices—no one suggested that she should be in the room for the purpose of making the inventory—she was the person who had charge of the linen—I don't think she complained of her father on that occasion, I am not certain she did not, I was too busy taking the inventory—I cannot say where it is—I wished her to see that I took only what belonged to me—I don't think the son was in the house at the time, I cannot say whether he was or not—I went to the place the next day to see how things were going on—I was talking to Dawson the whole while I was there and looking road the stable—to the best of my recollection there were only two horses there then—Captain Bradley's house is two or three hundred yards off—I have a witness to prove which way I went to Bridge House—I swear that I did not see Miss Tilbury that morning about 10 o'clock—I drove all the way to London—I first knew that she was at Moore's cottage when I called there at 7 that evening—Wheeler told me she had left or run away—I don't think he said he had taken her to the cottage, I can't say—I went with Wheeler and Dawson there in consequence of the message Wheeler gave me—Wheeler gave me the message to the best of my belief—I knew then that she had left her home—I saw her; I didn't tell Tilbury that I had seen her, that was not my business, I was not on speaking terms with him—I couldn't say when I gave Wheeler the 5s., but I believe it was two or three days after he said he had given her money and could not get it from her—no letter was written by Miss Tilbury when I was at the cottage; I first heard of the letter when I was charged before the Edgware Magistrates, Wheeler had not mentioned it to me to my recollection—I went to London by the afternoon train; I was not in the village all day; I was with Captain Bradley most of the time.
JOSEPH DAWSON . I am a veterinary surgeon and a member of the College—at the time of these matters in May I lived at Bridge House, Hendon, where I had been engaged to look after the horses—I knew Tilbury, and the girl as being his daughter—I recollect Belcher being appointed receiver on 30th April—just before that Tilbury said to me, "You be a pal to me, and you and I together will make Belcher sell up; everything is bought in the names of Tilbury and Sons, consequently if a split comes Belcher will get nothing"—on the Saturday, 3rd May, Florence Tilbury said to me that her father had knocked her about, and that she intended leaving him and going into a situation, I think she said as barmaid—it is not true that I advised her to go away from home as I and Belcher were going to ruin her father, nor that I wished her to go and live with me and said I would give her 2l. a week it she would, nor that I told her I would take her to America, nor that I asked her if she would meet me in the following week to that 3rd May—I had no such conversation in the dining-room nor in any room of the house—I did not ask her to kiss me—I did not say that I and Belcher, or either of us, were going to get her father locked up and ruin him—I did not say
that I could not take her in the evening because it was too light, but it must be later at night—I said nothing of that sort to her at any time—I have never offered to take her away either as my mistress or in any form, nor offered her any money per week for that purpose—on Saturday, 3rd May, I saw Belcher about 7 p.m.—I had seen him in the morning at Bridge House between 8 and half-past—in the evening I went with Belcher and Wheeler the groom to Mrs. Moore's cottage, which is a small labourer's cottage—Mrs. Moore was in the kitchen at the back of the house—Florence Tilbury asked Mr. Belcher for some money, so that she could not leave until she got a situation, and I advised him to have nothing to do with lending her money—we were in the kitchen three or four minutes at the most.
Cross-examined by MR. BESLEY. What I stated before the Magistrate is down there; it is true—I don't remember the exact words I used—I said there was conversation in the evening of 3rd May with Floreuce Tilbury—I won't swear she made the remark to me on 3rd May; it might, on consideration, have been on the 2nd—I said before the Magistrate "We casually called at the cottage"—I believe Mr. Belcher said, when we were at the infirmary or stables, that he was going to this cottage—I cannot say exactly whether I swore "As we passed, Belcher, I think, said as we got to the gate, we will go in here to see Florence Tilbury"—I swore what was right—I do not remember whether I swore "I first heard where she was on Sunday evening"—when the deposition was read over I corrected that, and said I knew where she was on the Saturday—I declined to tell the Magistrate where I was on business on my own account—I was employed at Cirencester lor six weeks, and by Mr. Vaughan, in the Walworth Road, for 18 months—I will say where I am now if the Court wishes it, but I was unfortunate, that is my reason for not stating it—I hate never been in abject poverty; I did not tell Mr. Tilbury I was when I applied to him for employment—that was a fortnight after I left Cirenceeter—I went with Mr. Belcher to Down Street, Piccadilly, after I had seen Tilbury—I was acting under Mr. Belcher; Mr. Tilbury had no money—I should not go to him if I was in poverty—I did not say I asked him for employment—nominally, I believe, he engaged me—Belcher went away shortly afterwards and returned in about a week—there are arrears due to me which I have never had—Tilbury agreed to pay me 80l. a year and give me board and lodging for my services—that was never paid—Belcher paid me for the work done for him since 30th April, when acting as Receiver—I had helped him collect money and wind up the concern—he has given me three months' notice and paid me—from the commencement he said that I should not suffer through Tilbury's behaviour towards me, and he has paid me—I hud the 70l. and board and lodging since I was first engaged at Bridge House, about seven months ago; it came to about the rate of 120l. a year, paid monthly—I do not remember when the last payment was made—I am not still in Belcher's service—I am living with a medical friend of mine at Islington—I am not employed nor paid by him at all now.
Cross-examined by MR. MEAD. I was in the stables on Saturday morning when Belcher came there—I don't remember seeing Wheeler—I spoke to Belcher—I don't remember if there was any conversation about Miss Tilbury; there might have been, I suppose there was—all I remember was I was there till 8 or 8.30, and Belcher and I walked to the
gate together with King—I first heard Miss Tilbury had left her home on the Sunday evening or afternoon—Wheeler and King told me she was there on Saturday, about 7 o'clock in the evening—I met Mr. Belcher about 6.30 at Bridge House—I think he proposed we should go and see her—I and Wheeler went with him—we cannot have had much object in view; we did not stop more than two minutes—I went because Mr. Belcher asked me to go—I saw her father next on the Monday; I don't think I saw him all Sunday—I heard on Sunday he was in great distress because he could not find his daughter—I knew the girl was in Moore's cottage on the Saturday, and did not tell her father—Moore's cottage is 150 or 200 yards from Tilbury's.
EDWARD OVENS (Police Inspector, Edgware). Harry Tilbury came to me on Sunday, 4th May, about 5 p.m.—he had not been there earlier that I am aware of; I should be on duty—he told me his daughter Florrie was missing, and he produced the letter which has been read, and said he believed she was gone away with young King—I went to Bridge House about 7 o'clock, where I met Tilbury at the gate, and said "Have you any idea where she is?"—he said "I believe she has gone off with young King"—on the Elaine evening I received a message from him to the effect that his daughter had come back, and in consequence of that I went to the house; through the kitchen into the parlour, a room* about 15 feet by 12 feet, King senior followed me into the room, and Bertie, I think, the girl's brother—Tilbury and his daughter were there—I asked hor "Where have you been, and why did you go away?"—she turned to her father and said "You told me to go, and I took you at your word"—I don't think he said anything—she then spoke of going into a situation on Wednesday—Tilbury objected—I recommended him to let her go—I then said to her "Who took you away?"—she replied "I took myself"—the father was present during the whole of that conversation; he did not leave the room at all—we then went to the front door—that was all that occurred.
Cross-examined by MR. BESLEY. Mr. Sanctuary is also an inspector at this place—he was not present when Tilbury came to the station; no one was there but Tilbury and myself—I took a description of the girl and read a portion of the letter which he showed me—I think it was addressed to the father—I did not notice a pencil address on the back of the envelope—Tilbury said he had picked it up in the back kitchen an hour before he came to see me—I do not think he varied his expression, and said that young King knew where she was—he said "I think she has gone off with young King"—I might have said that he said he believed she was taken away, he thought, by young King—I had nothing whatever to do with regard to Belcher giving Tilbury into custody on the previous week, or about proceedings that were threatened, at all—I went to young King several times at the house—I don't know that King overheard what Wheeler said to Dawson, nor that he said to Wheeler "I am not going to have detectives coming to the house; you know something about it"—King senior, I believe, got out of Wheeler where the girl was—he did not object to the detectives coming to the house—I did not hear that he made Wheeler admit that it was the white house, the third house beyond the bridge—it is 400 to 500 yards from Tilbury's to Mrs. Moore's—Tilbury said to me "Florrie has come back, come
in"—he did not leave the room—I was there about five minutes—Tilbury seemed very excited and upset about the girl having gone.
Re-examined. These (produced) are the three warrants I received for the apprehension of Belcher, White, and Dawson.
EDWARD KING . I was employed at Bridge House from Christmas to 3rd May as labourer—I don't recognise Florence Tilbury saying anything to me on Friday, 2nd May—on the 3rd I saw Mr. Belcher from 10 minutes to 7 to 10 minutes or a quarter past 8 a.m.—he went into the harness-room, and went away through a gate leading to Golder's Green about 10 minutes past 8—I was about the place the whole day—I saw Mr. Belcher again about 8 o'clock in the evening; he paid me my wages—between 12 and 1 o'clock on the Saturday Florence told me her father was going to beat her, and asked me what she should do—I told her if he did she was to come to me, and I would protect her if I could—nobody else was present at this conversation—I saw her and Wheeler in the yard; I could not hear them speak, they were at a distance apart—I did not see Mr. Tilbury on the Saturday night—I saw him on Sunday between 8 and 9 p.m.—he asked me if I knew where his daughter was—I said I did not know—he said she was at my house, I knew where she was—the police came twice to my house; I did not like it, and did my best to find his daughter; he said he would give me 20l. if I could—I went to Mrs. Moore's cottage and found her there—Mr. Moore was not at home—I was at the door about 10 minutes, and then he asked me, and I went inside and saw her there—I told her she must come home, for the police were on the look-out for her, and she had better come home quietly without making any disturbance—she said, "I will go home if you will go home and ask my father whether I am going to service on Wednesday, and whether he will beat me or not"—I went to Mr. Tilbury and told him what the girl had told me—he said he would not touch her, and that she might go to service on Wednesday—I then went back to Mrs. Moore's house and told the girl what her father had said, and she came back with me—she said nothing on the road; she walked on one side and I in the middle—I went through the scullery door and scullery into the kitchen—Tilbury was upstairs; the son came down with Mr. Ovens, and then Tilbury come down, and then Tilbury, his daughter, Ovens, and myself went into the sitting-room—Tilbury asked the girl why she went away—she said, "You told me to go, and I went as you asked me"—Ovens asked who took her away—she said, "I took myself away"—"No one took you away?"—"No," she replied—Tilbury was in the room the whole time, in front of me, the girl on my right, and Ovens on my left—I recollect Belcher, Wheeler, and Dawson being charged at the Petty Sessions; I was not called as a witness—about Wednesday, 17th May, I believe I was in the greenhouse, and Tilbury told me if I would stick to him he was sure to have 1,000l. out of Mr. Belcher, and he would reward me; we had no further conversation—I was at Edgware on the 17th when Florence was committed; she rode home with us, went home, came back and had tea with me and Wheeler—she said, "I have been dragged into this, and how to get out I do not know"—she mentioned no name.
Cross-examined by MR. BESLEY. I spoke about the conversation with Tilbury about the 1,000l. to Mr. Allingham when I was before the Magistrate the last time—I have not seen him before nor since then—
I was asked nothing about it before the Magistrate—it was in June I had the conversation with Mr. Allingham—there was no one present but Tilbury and myself when he made the statement—I did not know that Mr. Allingham asked Florenoe Tilbury whether she and my son had intercourse, I was not in Court when that was said; I heard people talk about it, but I knew it was false—Mr. Allingham may have said to me in June, "Do you know something more against Mr. Tilbury?"—Mr. Tilbury seemed very broken-hearted over it when the child was away—I saw him on Sunday evening between 8 and 9 o'clock; the police had then been twice to my place—I said to Wheeler, "Wheeler, you do know where the child is"—I did not know, but I thought he did—"I am not going to have detectives about my house;" then he told me that she was at the first white gate over the bridge—I went, could not get in, went away and had a glass of ale, and then came back and saw Moore standing at the door—I did not know him, and asked if he was Mr. Moore—I was not present when the inspector asked Wheeler some questions; I knew from the inspector that Wheeler denied knowing anything about it; he said, "I have seen Wheeler, I don't know where the girl is"—I did not know that Wheeler on that day had seen the girl walking towards the railway-station—when the girl came back the father said to the inspector, "Florrie is at home," and asked him into the game room—Tilbury, myself, and the inspector all left together; Tilbury went out first, but Ovens went close to nkn and went out of the front door—there were three doors, the dining-room, hall, and front; Tilbury led the way to the front door—I was there it might be 10 minutes—all I remember I have told—she said, "You told me to go, and I took you at your word," in answer to her father—when I said, "Where have you been?" she said, "I decline to tell"—the inspector said, "Who took you away?" and she said, "I took myself."
Re-examined. I am quite certain the father was present the whole time the conversation took place.
ELIZABETH MEEK . I entered Mr. Tilbury's service on 8th April, and left on 7th May as it was not a very comfortable place to be in—I gave warning to Mrs. Tilbury, I was not discharged—I slept with Florence from the first night I entered till Sunday, 4th May; before then she told me her father had promised to cut her in two with the horsewhip because she had been giving Mr. Belcher some knowledge of his transactions, and that she ought to go to work for her living; and that her father grudged her the food she ate—she told me on the night it took place that if she had a print dress and clothes she would get a situation—I gave her the making of a print dress, about six yards of print—I did not sleep with her on 3rd May, on the 2nd I did—I called her twice on the morning of the 3rd, the second time about 10; I said "What, in bed, and 10 o'clock, just upon 10"—she came down about a quarter of an hour or twenty minutes after, and remained in the kitchen backwards and forwards till about 11 when I think she left the house—I do not remember seeing Mr. Belcher on 3rd May at all, nor on the 4th—she "turned about 1 or half-past, and told me she had got a situation at Ware Villas to go to on the Wednesday—she went out about 3 and did not return again—her father came back between 5 and 6—no notice was taken of her absence except just passing a word—I eat up till 12 that night expecting her home—on the Wednesday Mr. Tilbury came
into his wife's bedroom in the morning and told me he had locked up Belcher, Dawson, and Wheeler, and if I did not mind what I was saying and doing he would have me locked up too—he thought I had been the means of helping to give her means to go away, meaning the dress.
Cross-examined by MR. BESLEY. On the Sunday he was very angry at her having gone away—Mrs. Tilbury was confined on 1st May—I did not hear any noise or breaking of doors next day—I was in the kitchen—the family consisted of Bertie, Ann, Jessie, Cress, John, Thomas, Frank Samuel, and the baby, besides Florence—the eldest was the boy, twenty-one, and them came Florence, not sixteen—I know nothing of Mrs. Moore, I never saw her till I was at the Court—I have been told Florence was at her house on the Saturday night, and slept there—Mrs. Tilbury is still confined to her room—I was not present when Mr. Tilbury had a conversation with his wife on Saturday evening, I was in the kitchen—I did not know the girl had gone on a visit to Mrs. Webster.
Cross-examined by MR. MEAD. I might have seen Belcher on 2nd May, if he was in the yard I must have seen him—he was in the house taking an inventory of things, I was in the room with him a considerable time; Florence Tilbury was there some time, acting in master's stead—she was only alone in the room with him for a few minutes carrying things—if any one says they were in the room half an hour, that would not be true—I did not see Mr. Belcher in the stable-yard on the next day—I have no recollection of seeing him on the Saturday or Sunday—I can see the stableyard from the scullery—I won't say whether Mr. Belcher was there between 7 and 8 or not—I was up early on the Sunday morning; Mr. Tilbury and Bertie left early; Bertie said when he came down, "Cook, you are up very early," that was about 6—I know the time when I called Florence the second time, at 10; the clock stands in the kitchen window—I never knew it go wrong; it was a very good clock—I went into her bedroom—I am perfectly sure it was not half-past 9.
HENRY WHEELER . I am a groom engaged at Bridge House—I was there on Saturday, 3rd May, and about 7 a.m. saw Mr. Belcher there—he went away about ten minutes past 8—I next saw him on Saturday evening about half-past 10 I believe—I went to the cottage, I saw him there at 7 o'clock—I had a conversation with Florence Tilbury on that Saturday; it was that Bertie came and told her her father was going to beat her when he came home, and he thought he would punish her and half murder her, and she asked me to protect her—I had known Mrs. Moore when she was single and lived at Tring, she is a young married woman; I took the girl there.
Cross-examined by MR. BESLEY. On Sunday evening, after I had taken her to Mrs. Moore's, between 8 and 9 the inspector asked me whether I knew anything about Florence Tilbury—Mr. Tilbury was the first person who asked mo—I did not tell him I had seen her go towards a railway station with a bundle; I don't know that I told anybody that—I told it openly in the yard that I had seen her going towards the railway station—that was about a quarter past 5 on Saturday—I next mentioned I did not know where Florence was on Sunday morning to Mr. Tilbury—close on 3 on Saturday afternoon she said she must go in and get a few things, and she came out and met me at the front door by arrangement,
and I walked by her side 200 or 300 yards to Mrs. Moore's; I did not go back to the premises—then in Captain Bradley's yard I said I saw her walking towards the railway station—I came back to the premises afterwards—after I left Tilbury's I came back to Captain Bradley's with a back cushion and chain belonging to Mr. Belcher—I went right to Captain Bradley's, where Belcher was staying—I got 5s. on the Sunday morning—no one else inquired for her before Sunday morning, but Florence told me to tell Mr. Belcher where she was, and bring him to the cottage—I did not go and see Belcher for the purpose of telling him that—I know Belcher went there with Pawson about 7 o'clock on Saturday evening—I gave Belcher the message the girl had given me, and then went to the place—Ovens and Tilbury were together when they inquired of me on Sunday morning whether I knew where the girl was—Tilbury asked me and I said I did not, because the girl told me not to know—she gave me a pencil note on Saturday night to throw down into her father's house—I threw it in the back door at 3 o'clock Sunday afternoon—Tilbury did not ask me where the girl was on Sunday evening because I was at Captain Bradley's all the time, where Belcher was stopping—pawson was in the yard on Tilbury's premises—I told the lie that I did not know where the girl was, twice.
Cross-examined by MR. MEAD. I gave the girl the 5s. on Saturday evening—I got a guinea a week wages, out of which I gave her the 5s.—Mr. Belcher had not told me to give her that, I did it on my own authority, and I gave her 1s. on Monday on my own authority—on the Sunday morning Belcher said sooner than I should lose it he would give it to me—I told him I had lent her 5s.—I was in employment at Down Street, Piccadilly, where Mr. Belcher puts up when he comes to town—I told the girl when I took her away that "Mr. Belcher told me to treat her with respectability, and I did so—that was on the Friday—that was the first opportunity I had of treating her with respectability on the Friday—I treated her with respect before that, ever since I knew her—I did not tell Mr. Belcher on the Sunday that Mr. Tilbury was looking for the girl—I did not know then—I told the girl Tilbury and his son were driving about the place looking for her, and she laughed and said "Let them go"—I did not use the word lark in reference to his distress.
Re-examined. Mr. Belcher merely told me to treat her with respect because he saw she was a respectable, quiet sort of girl, and he knew Tilbury was a bad sort of man, and he did not want luitt to treat her like that, and asked us to treat her with respect.
ISABELLA MOORE . I live at Hendon—I remember the female prisoner being brought there by Wheeler, and Mr. Belcher coming in the evening—I did not hear what passed—after he had gone she said to me that she had asked Belcher to give her a little money to get a few things to make her respectable in her situation, and he had refused—she said Mr. Dawson called him aside and told him something, and he came and said he did not mind doing something for her, but as her father was such a vagabond he would rather not do anything—she said her father had threatened to beat her, and she had come away far protection.
Cross-examined by MR. BESLEY. I had never spoken to the girl before—I had known Wheeler, who brought her, before at Tring—my husband's name is Jim—I am on very good terms with Wheeler—I thought she was Wheeler's young lady when he brought her there, and when Mr. Beloher
came in the evening later I said "I know Belcher now, but I didn't when he came, nor Dawson; he has not brought any young girls before; I thought it was his young lady at first"—I meant Wheeler had not brought any young girls before, and I thought it was his young lady—when Belcher came I did not think so any longer—I saw the girl write the pencil letter at my place—I know she wrote the address of the supposed situation at the back of the envelope because she asked me for an envelope and sheet of paper, and I gave them to her—I saw her give it to Wheeler to throw or drop into the house somewhere—it was written on Saturday—only I was present—I had nothing to do with its composition, it was her own spontaneous letter—I did not notice the address of the supposed person whose situation she was to go into—I only saw her give it to Wheeler.
HERBERT FOXHALL . I am coachman to Captain Bradley, who lives at Golder's Green—on Saturday, 3rd May, I saw Mr. Belcher leave the house and go away in his dog-cart about 10 o'clock—he had ordered it before that—I took it round and saw him drive out of the gate—he turned towards London—I saw no more of him during that day till 7 o'clock—he turned the regular way to go to London, along the Finchley road.
WILLIAM WHITLOCK . I am foreman at Hall's livery stables, Down Street, Piccadilly—I know Mr. Belcher by sight, he is in the habit of putting his horses up there when he drives up to London—I recollect his coming to the yard on Saturday, 3rd May, at nearly 11 o'clock—he drove away, and he came back about 12 o'clock and put his horse up, and then he came back for it about 5 o'clock.
Cross-examined by MR. BESLEY. I know Henry Wheeler—he was working about the very place where Mr. Belcher came—he worked in the yard in the ordinary way at 3s. a day when we were busy, he worked there three days when Mr. Belcher was there.
WILLIAM HENRY BARNES . I am a coach-builder and have several establishments in Sloane Street—I recollect seeing Mr. Belcher, whom I know, on Saturday, 3rd May, about 11.30 at Pavilion Road, Knights-bridge—I had a conversation with him respecting business.
WILLIAM ARTHUR TOOTELL . I am Clerk to the Magistrate of Edmonton Petty Sessions—these are the original informations sworn before Mr. Noel, one of the Justices, upon which the first warrants produced were granted—I don't know as a fact that they were sworn, I was not present—they purport to have been sworn—I did not issue the warrants personally, they were issued from my office—upon these warrants the three persons were brought before the Justice on the 7th and 14th May last—I took down the evidence in the ordinary way, and the result was that the charge againt the three persons was dismissed by the Magistrate—I saw the prisoners sworn before they gave evidence.
Cross-examined by MR. BESLEY. On 6th May Mr. Tilbury came with his daughter to my office—I was not present—my son is my clerk—I have not got the notes he made of the girl's and her father's statement, I am not sure notes were taken—the information merely sets out the charge and the words of the Act of Parliament without any facts at all—that is the course I adopt, I leave it to the Magistrate to ascertain if the details of the information are accurate—the notes would not be sent to Mr. Noel at Stanmore—my son did not take them—I believe the informations were placed in Tilbury's hands to take before the Magistrate—
my son would take notes if any were taken—I have got no notes of what the Magistrate said in dismissing the case against Mr. Tilbury, I have simply written myself "Charge against above George Belcher and Henry Wheeler dismissed"—I have no statement of what the Magistrate said about Tilbury—the professional men, Mr. Grain and the solicitor to these people, went into the private room—I believe no further evidence was taken when they came out after 20 minutes—the Magistrate then said in open Court that they were unanimously of opinion that the charge against Tilbury should be dismissed; and then on instructions from his client, Mr. Grain said his client would be bound over—I took the deposition and the summons against Tilbury, I believe on an information warrant—the charge was one of conspiracy together, with perjury.
NOT GUILTY .
There was another indictment against Harry Tilbury for wilful and corrupt perjury, which by consent was quashed. There was also another indictment against Florence Julia Tilbury for perjury, which was postponed to the next session.
NEW COURT—Thursday, July 31st, 1884.
Before Mr. Common Serjeant.
MR. WARBURTON Prosecuted; and MR. KEITH FRITH defended Gill.
LEWIS WILLIAM WHITLEY CROCKER . I am warehouseman to Blundell Brothers—Dinwoldie, who is dead, was a warehouseman in the straw department—on 24th June about 2.30 he came into the room—I made a communication to my employers, and about 5.15 I was watching him—he brought a parcel out and carried it over to the Fountain public-house—I told Mr. Blundell and went back to the Fountain—Dinwoldie and Doidge came out with the parcel in about 20 minutes and I told Creek to follow them—I waited at Broad Street Station with a detective and saw the parcel in the cloak-room—it was not open, but I had seen it made up and knew the contents—I went with Roper to Gill's premises the same evening at 8.45.
JOHN CREER . I am clerk to Blundell Brothers, 157, Cheapside—Dinwoldie was a foreman in the straw department—I saw him make up a parcel of furs and one fur set on 24th June about 4.15 p.m. in the waiting-room—I went with Crocker to the Fountain and saw Doidge come out with the same parcel under his arm—I followed him to Broad Street Station and saw him leave the parcel in the cloak-room—this is it.
Cross-examined. Dinwoldie could make up a parcel like this if he was going to sell it for the firm.
Re-examined. I do not know for certain that he had a right to make up parcels, but he was the first man on the floor.
JOSEPH HIGHT BLUNDELL . I carry on business as Bildell Brothers, furriers, at 157, Cheapside—I have examined three parcels of fur value 7l. 10s., 6l. 10s., and 6l. 15s., and identify them as our property—we have similar fur in stock—the third parcel contains fur trimmings—it
was the height of our season—Dinwoldie had no right to make up a parcel like that—I identify the whole of these goods.
Cross-examined by MR. FRITH. The trimmings are worth 7s. 6d. a yard, and there were 12 yards—Gill has never bought things from the firm, he has no account with us—we give credit; I don't know pf any cash dealers.
THOMAS ROPER (City Policeman 925). On Friday, 24th June, at 7 p.m., I went to Broad Street and saw Creed there—I kept observation on the parcel room, and about 8.30 the prisoners came into the station, each carrying a parcel; Gill went towards the train and Doidge to the cloak-room, and the porter gave him this parcel; he went towards the train and showed it to Gill on the platform; Gill patted him on the shoulder in a familiar way, and they both went by train to Dalston—I followed them to 11, flayland Road, Stoke Newington—Gill opened the door and Doidge followed—I went quickly on Doidge's heels; Gill turned round and asked me what I wanted—I said, "I am a police-officer, and I want you to account to me for the possession of that parcel"—we all three walked into the parlour, and I said to Doidge, "Can you account to me for the possession of that parcel?"—he said, "Me, sir? I am only the porter, that is my master," pointing to Gill—I said to Gill, "Is that so?"—he said, "Yes, he does odd jobs for me"—I said, "Then perhaps you can account for the possession of it?"—he said, "I bought it of a man at the Old Burton public-house, Honey Lane Market"—that is in Cheapside—I said, "Do you know the man?"—he said, "I know him by sight, I do not know his name, and I don't know where his shop is"—I said, "Do you know if he has got a shop, or whether he is employed by anybody?"—he said, "I don't know, I think he does a bit on his own account"—I said, "How much did you give him for it?"—he said "2l. 10s."—I said, "Had you ordered the goods from him?"—he said, "I ordered the trimmings, and he brought the parcel to-night and told me that there was some other stuff in it, could I do with it? I said, 'Yes, I can't pay you for it because I don't know what it contains'"—I said, "It is hardly satisfactory, and you will both have to go to the City with me"—I got a cab, and on the way to the City said to Gill, "What do the other two parcels contain?"—he said, "Fur also"—I said, "Where did you get them from?"—he said, "I bought them of the same man"—I said, "How much did you give him for them?"—he said that he could not tell me the price or what class of fun they were, as he bought them at odds and ends within the week—I said, "Have you got any invoice to show me for these goods?"—he said "No"—I took them to the station and went to see the firm, but they had gone—I went again next morning with Outram, and Dinwoldie, who has since died, was brought into the office—I took him to the station, where he was charged, and on the 25th he was charged at the Mansion House, and asked in the other prisoner's presence whether he had anything to say, and he pleaded guilty.
Cross-examined by MR. FRITH. Most of them are ordinary goods.
JOHN EDMUND VIVIAN . I am a salesman in Messrs. Blundell's employ—on 22nd July I found a small piece of fur with a ticket tied to it on a ring by the side of a wall near the waiting-room—it was sold to a customer on 12th June with others, and was hung there waiting for instructions to
forward the parcel—I have a piece of it here, and this other piece exactly fits in with it—this was a busy time in the fur trade.
WALTER COOPER . I am barman at the Fountain, Foster Lane—Dinwoldie was in the habit of meeting friends there, and once or twice he came alone and left parcels, which he afterwards took back—I have seen the two prisoners with him as customers, but not when he had parcels, but Doidge came on the same night.
Cross-examined by MR. FRITH. I have not seen bargains going on in the house or money paid.
MARTIN KOSMIRTHER . I am a furrier, of Aldersgate Street—the cape found in the prisoners' possession is my make, made in a particular way by a machine—it was ordered by Messrs. Blundell to be made in that way—I speak positively to it.
HARRY WHITE . I am billiard-marker at the Old Burton, Honey Lane Market—the prisoners were in the habit of coming there three or four times a week with parcels; sometimes Doidge brought the parcels, and sometimes Gill.
Cross-examined by MR. FRITH. Gill has left parcels for me to take care of for a little time—I did not know what they contained—I have not seen persons there trading, but they may do so.
The Prisoners' Statements before the Magistrate. Doidge says: "Iam simply Mr. Gill's servant. I am not guilty of receiving the goods knowing them to be stolen. If inquiries are made it will be found that I am speaking the truth, and that can be easily done." Gill says: "I am not guilty. I reserve my defence."
Doidge repeated the same statement in his defence.
Gill then PLEADED GUILTY to a conviction of larceny at this Court in February, 1880. GILL— Two Years' Hard Labour. DOIDGE— Six Months' Hard Labour.
MR. POLAND Prosecuted.
ALFRED HENRY BRAY . I am a tea-dealer, of 44, Baker Row, Whitechapel—I desired to dispose of my business, and put an advertisement in the Daily Chronicle—it appeared on 3rd July, and on the same day the prisoner called, looked all over the place, looked at the tea, and tasted the cocoa—I said "Do you approve of the house?"—he said "Yes"—I said there is a mistake in the Chronicle, I ask 80l., but I only wish 60l. for the goodwill and fixtures; will you have it?"—he said "Yes"—I said "The first one that brings a deposit will purchase the business"—he said "I will come hack at 4 o'clock and bring a deposit"—it was then 2.30—he did not come back till 9.30—I said "What deposit will you leave?"—he said "I have a cheque here for 8l. 15s. 1d.; I can't be without money, I will leave 8l. if you will give me the 15s. 1d. change"—I did so, and asked him his name; he said "Standard"—that is the name on the cheque—I gave him a receipt—he purchased 1lb. of tea and 1/4 lb. of sugar—he said he would call between 10 and 11 o'olock next morning to settle up—I followed him to Castle Street, Leicester Square
—I went next day to the London and County Bank to cash the cheque, but could not get the money—he did not come next morning—I waited till the afternoon, and then I communicated with the police—I believed that it was a cheque, and that he wanted to purchase the business, and that his name was Stannard—I did not look at it particularly, but he represented it to be a cheque—I noticed that the stump was for a bill or note, and that roused my suspicions.
Cross-examined by the Prisoner. You did not say that you came from Mr. Stannard, who was going to employ you, nor did I say that it did not matter to me who bought it so long as it was paid for—when the detective called on me he said "We have got the old man"—he did not advise me to prosecute you.
Re-examined. When he first called in the morning he said that he had got a cheque at home—I am quite sure he told mo his name was Stannard, not that he came from Mr. Stannard.
EDWARD BRIDGMAN . I am a cashier at the London and County Bank, Lombard Street—we have no customer named Stannard or George Robinson—this is not a banker's cheque, it is an unaccepted bill of exchange, and would have no validity unless the person to whom it is addressed accepted it.
Cross-examined. I cannot say whether you ever called at the bank—I never knew you present anything of this kind, or to come with any one representing himself as Stannard.
MARY CLAPHAM . I live at 48, Castle Street, Leicester Square, and collect the rents from some of the lodgers—the prisoner lived there in July, in the name of Stickwood; he had a back unfurnished room at 3s. 6d. a week—I do not know him as Stannard or Robinson—I never knew what he was—he came in June.
ELIZABETH RUTH LINGARD . I live at 40, Mile End Road, and am in business with my brother as a house agent—on 28th April the prisoner called on me about taking a business, and gave his name Mr. Robinson, 29, Queen's Crescent, Battersea—I gave him this memorandum—it is my writing—he never called again.
Cross-examined. I swear you gave the name of Robinson—I entered it in this book (produced) five minutes after you left—a young man was with you, but I did not notice him much; he stood behind you—I hate not been persuaded by anybody to put down the name of Robinson—I gave you two addresses of businesses for sale.
ALFRED BAILEY (Police Sergeant K 34). On 4th July I went to 28, Castle Street, Leicester Square, and found the prisoner in a second-floor room, under a table—I asked him what he was doing—he said that he was getting his boots—I was in plain clothes—I said that I was a constable, and asked him if his name was Stannard—he said "My name is not Stannard, and I do not know anybody of that name"—I said "I have come to apprehend you for obtaining money under false pretences at Bethnal Green"—he said" You must have made a mistake, for I was never at Bethnal Green in my life"—I took him to Bethnal Green Station in a cab, and on the way he threw these two papers which Miss Lingard gave him out at the cab window—I stopped the cab, and a brother officer picked them up—the prisoner said "I won't give you my name or address," but next day he gave his name as William Copey—at the police-court he gave his name Osman Stickwood.
Cross-examined. Another officer was with me when I took you—you Were searched at the station.
The Prisoners' Statement before the Magistrate. "It was given to me by Stannard, and I thought it was a valid document. I believed it was a cheque. I had nothing to do with writing it. I do not know Lingard."
Prisoner's Defence. I have known Mr. Stannard nearly twenty years. He appeared to be a very respectable man. He gave me this document and asked me to go and buy the business, and promised to do something for me. I did not know what it was, as I know nothing about banking business or bills. He said "Put it away, it is as good as a Bank of England note." I said "Why don't you go with me?" He said "I have got to meet my brother at the station." I went and got the 15s. 1d., but I never had fifteen farthings of it. Stannard arranged to meet me next day at the corner of Brick Lane, and I waited there four hours, but he never turned up. I never forged it, and did not know the meaning of it. I am seventy-seven years old and was twenty-five years in one shop.
He then PLEADED GUILTY to a conviction of felony in November, 1882.— Twelve Months' Hard Labour.
OLD COURT.—Friday, August 1st, 1884.
Before Mr. Recorder.
MR. GRAIN, for the prosecution, offered no evidence.
NOT GUILTY .
MESSRS. GORE and GOODRICH Prosecuted; MESSRS. KEITH FRITH and BLACKWELL Defended.
EDWARD LEWIS STYLES . I am a cashier at the City Bank, Ludgate Hill Branch—on 21st June this order was brought to the bank and handed to me; it is an order for a cheque book, signed Cole and Co.—in consequence of that I gave out a cheque book containing a hundred cheques to the person who brought it; the cheques were timbered 95201 to 95300—the bearer signed in the register A. E. Henn—on the 23rd June this cheque (produced) was presented at my desk, it is numbered 95202, the second cheque out of the book—I could not swear to the person who presented it.
ALBERT COCKBURN CHINNICK . I am a cashier at the Ludgate Hill Branch of the City Bank—on 30th June this cheque for 30l. was brought to the bank by the boy Urquhart—I had a conversation with him, in consequence of which he left the bank, and I followed him to the Old Bailey.
ERNEST WILLIAM URQUHART . I live at 37, Kirkwood Road, Peckham; I am now in a situation at Alabaster and Son's in the City—I am fourteen years of age—on 30th June about 3 in the afternoon I was on Ludgate Hill when the prisoner beckoned to me—I had not known him before—I went to him, he said "Will you take a parcel down to Farringdon Street for me?"—I said "Yes, sir"—he said "Wait a minute,
the parcel is not ready yet, we shall have to go the other way"—while I was waiting he said "Will you take this paper over to the hank and get me some money"—he gave me this cheque—I took it to the bank and gave it to the cashier—lie had a conversation with me and directed me what to do—I went out of the bank and went across the road to the Old Bailey and I saw the prisoner walking sharply round the corner—on the same evening I went with Police-constable Cox to Hushton Street, Hoxton—we waited in Hushton Street for a long while, and then saw the prisoner coming along the street—I did not have a good view of him at first; I did afterwards, and said he was the same person who gave me the cheque, I have no doubt it—the prisoner went up the steps of a house and tried to shut the door, but the officer stopped him and brought him out.
Cross-examined. I had never seen the person who gave me the cheque before I met him—he had on a pair of rather light trousers, with black stripes, and a low felt hat—I was only, about two minutes in his company—when I paw him in Rushton Street there was no one else near—I went there quite expecting to see the man who met me—the officer said "Is that him?" pointing him out—I said "I think it is"—he was a good distance from the house then; I had some doubt at first, because I could only see his back—the officer said "Is that, he?" and when I could see his face I said it was; he was trying to conceal his face by putting his hand over his mouth.
JAMES COX (City Policeman). On the evening of 30th June I went with the last witness to Ruahton Street and waited some distance from the house 57—the prisoner came up Rushton Street—I didn't know him by sight at that time, I kept the boy at the back of me and I said "There is a man coming, be careful, is that the man?"—he said "It is"—I followed the prisoner as far as 57, Rushton Street, and called to him—he turned round and ran up the steps and tried to close the door upon me—I pushed it open and told him I was a police-officer and wanted him for passing a cheque on the City Bank—he said "All right, can I see my wife?"—I said "Yes"—his wife said "Whatever is the matter?"—he said "I have got into trouble"—I took him in custody—I took him to Bridewell Police-station, searched him, and found on him 22l. 10s. in gold and silver and 254 penny postage-stamps—in taking him to the Mansion House next morning he said that the boy was in it.
Cross-examined. I asked the boy "Is that the man?" and he said "Yes"—I didn't hear him say "I think it is"—I am sure he said "I have got into trouble;" it may have been "Some one has got me into trouble."
JOHN EDMOND RICHARD SHEPHERD . I am manager of Cole and Co.'s business, Snow Hill—Mrs. Sykes is the proprietress—it is a patent medicine business—I have only been in the employment since last August—the prisoner was there then, he remained up to the 14th Jane last and then left—his wages were 1l. a week; his duties were to assist in the correspondence—I have some of his handwriting here which be wrote while he was in the business—I had a thorough opportunity of seeing his writing—I have no doubt that these documents are his writing—I have compared the cheque and the order and believe the body of the cheque to be the prisoner's writing; I have no doubt about it.
Cross-examined. I speak to the best of my belief.
Cross-examined. The prisoner was in my employment about two years, during which time he bore a good character—I signed my own cheques at home.
GUILTY .— Six Months' Hard Labour.
812. JOHN BARNUM (26), WILLIAM BAILEY (22), WILLIAM SMITH (53), and WILLIAM HINSON () were indicted for a robbery with violence on William Milford and stealing a watch and thain and part of a scarf pin, his property. Second Count, charging Smith and Hinson with receiving.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MR. ERNEST BEARD defended Bailey.
WILLIAM MILFORD . I am a tailor, and live at 1A, Wimpole Street, Cavendish Square—on Sunday night, 1st June, I spent the evening at the house of a friend in King Henry's Walk, Islington—I left shortly before midnight—I walke with a friend to High Street, Islington, where my friend left me, and I walked alone down Pentonville Road—about half-past 12 o'clock I passed a beershop at the corner of Hermes Street—I saw several men there, one standing against an iron lamp-post; and as I passed he threw the whole weight of his body against me and knocked me down on my back, I am suffering from the effects of it now—as soon as I was on the ground I was surrounded by from eight to a dozen men and women, mostly men—they tore my watch and chain away and tore off the head of my scarf-pin; they couldn't get the pin, because it has a screw—this is the remaining part of it; it was a diamond horse-shoe pin, and the horse-shoe part was taken—I recognise Barnum and Bailey as two of the men, and I believe Smith was present, but I won't swear to him—Barnum tore the things away while the others held me down by the arms, legs, and shoulders—I caught hold of Bailey's legs he called out to leave go—I said I should not—I halloed out, and a constable came after some time, after I regained my legs, and they ran away—the value of the property I lost was about 40l.—on the following Saturday, 7th June, I went with the police to a public-house on Pentonville Hill by the sign of George the Fourth—I saw from a dozen to 18 men there and picked Barnum out immediately and gave him in custody—after he had been taken to the station I went to another public-house and there saw Bailey with four or five others—I picked him out and gave him in custody.
Cross-examined by Barnum. I had not been drinking that night, I was not intoxicated—this only occupied from five to six minutes—I halloed out a dozen times "Thieves" and "Murder"—the police did not come to my assistance till I had regained my legs—the men ran different ways, the principal part of them ran up Hermes Street—I was looking for you all the week with the police—I did not go to the George the Fourth on the Monday night, and look in the house and say you were not there—when you were being taken to the station I said, "I would like to hare the law in my hands for a few moments"—I did not say, "I will give you something, you b——villain."
Cross-examined by MR. BEARD. It was about half-past 9 on the Sunday night that I went to my friend's house—we were singing some hymns
and playing a harmonium—I had a glass or two of ale—it was very dark at this spot where I was attacked—I was certainly a little flustered—Bailey was standing over me when he said "Leave go"—the officers did not go into the public-house with me when I identified Bailey, they remained outside—I looked in and saw him, and pointed him out to the police—I believe the sergeant said, "Look in and see if you know any one there."
WILLIAM NASH (Police Sergeant G). On 2nd June I received certain information and a description of two men corresponding with Baraum and Bailey—on Saturday night, the 7th, I went with the prosecutor at half-past 9 to the George the Fourth on Pentonville Hill—he pointed out Barnum to me and said, "He is in there with from a dozen to 18 persons"—I called him out and said, "I am going to take you in custody with several others for stealing a diamond pin and chain from a gentleman on Pentonville Hill last Sunday night"—he said, "I don't know anything about it, I was at home and in bed at that time"—on the way to the station he said, "I have done my other bits for nothing, I am not going to do this for other people, I shall round"—he was taken to the station and charged, and put into a cell—he afterwards sent for me; I went and saw him and he said, "I saw Cookey, a cabman, at the White Hart last Thursday night, and he said, 'Jack, have you heard of the men blewing out a red light at the cross the other night?'" (that means a man losing a gold watch and chain; a "red light" means gold, a "white light" means silver.) "I said 'No,' he said, 'Me and my pal got it, pointing to a tall fellow on his right like me,' but what is the use of all this? if the prosecutor says I am the man, I know I am in for it."
Cross-examined by Birnum. I did not apprehend you till the Saturday—I did not see you on the Wednesday afternoon at the Bell public-house—I saw you about a quarter of an hour before I apprehended you, but I did not take you then because I had an appointment with the prosecutor—the constable followed you up the hill to the George the Fourth, where you were apprehended—six of you went up the hill together—I said, "Jack, I want you"—I don't remember your saying you had witnesses to prove you were in bed, nor did I say, "So much the better for you, Jack, if you have"—as you were being taken to the station the prosecutor said, "I should like to have that scoundrel to myself for half an hour"—you said, "If you hit me I shall turn round and hit you quick"—I said, "There is no fear of your being her," and I told the prosecutor he had better keep a little farther back; there was no attempt to strike you—I did not take you before, because I know if I did the others would get away.
HARRY DIDDUMS (Police Sergeant). On 7th June, about a quarter to 11, I went with the prosecutor and apprehended Bailey at the Builders Arms beerhouse, Pentonville Road—there were other persons in the bar—the prosecutor pointed Bailey out of 12 or 14 as one of the persons who had robbed him—I told him I should take him into custody for being concerned with Barnum, who was in custody, for knocking down a gentleman on Pentonville Hill and stealing a watch, chain, and diamond pin—he said, "You have made a mistake, I don't know Barnum.
Cross-examined by MR. BEARD. I remained outside the public-house—I looked in after the prosecutor looked in, not before—Bailey did not say he was in bed at the time; he said, "You have made a mistake, I don't
know Barnum;" he did not say, "I don't know the name of Barnum," nor did he say, "My wife, if I could call her, could prove I was in bed at the time"—I believe he is married.
DAVID STOCKER (Policeman G R 12). I was on reserve duty at the station on Saturday night, 7th July—Barnum and Bailey were in two separate cells; I heard them talking—I went into the passage and heard Barnum call out, "Is that you, Bailey?"—Bailey said "Yes"—Barnum then said, "You are all right, you will get on with 18 months, but I am sure to go home."
Cross-examined by MR. BEARD. I was not called at the police-court.
Barnum. What he says is false. Bailey said, "What are you here for?" I said, "For stealing a man's watch and chain." He said, "When?" I said, "Last Sunday night." He said, "It is a nice thing to stop here innocent."
Witness. That was not the conversation.
WILLIAM NEWMAN . I am manager to Mr. Blackburn, pawnbroker, 271, Caledonian Road—I produce the horse-shoe top of a scarf-pin which has been identified by Mr. Milford—Hinson brought it to our shop on Monday morning, 9th June—he wanted to know what it was made of, and what it was worth—I asked where he got it from—he said he had found it—I asked how long he had had it—he said he had found it two months ago at King's Cross—I told him I should detain it, and referred him to the Caledonian Police-station—the horse-shoe is set with seven diamonds, and is worth 9l. or 10l.
Crow-examined by Hinson. You did not offer to pledge it, you asked if it was of any value, and if it was you should take it to the police-station I asked you if you had shown it to any one before, and you said no.
HARRY DIDDUMS (Re-examined). On 10th June, about 2 in the afternoon in consequence of a communication from Newman, I went to Hinson's house, 5, George Street, Blundell Street; he keeps a coffee-stall—I said "I have come about a diamond pin that was stopped at the pawnbroker's"—he said "I found it about three weeks ago in the Caledonian Road"—I began to write that answer down, when he said "I may as well tell you the truth; a man named Smith, who cleans boots at King's Cross, brought it to me and I gave him sixpence for it; he asked threepence and I gave him sixpence"—on the way to the station he pointed Smith out, he was cleaning boots at King's Cross—I said to Smith "Do you know anything about a diamond pin?"—he said "Yes, I found one about a week laut Monday in the Caledonian Road between 4 and 5 in the morning, and as I had been out all night I had no money to pay for a lodging; I had been to the meat market; I came that way home and I took it to Hinson."
Witnesses for Barnum.
AMELIA ELLIOTT . I am married, and live at 23, Ann Street, Pentonville—Barnum lodged there—on Whit Sunday, 1st June, he was at home till after the bells were ringing for evening service; he then went out and returned again just on the stroke of 11, and did not go out any more till the morning.
Cross-examined. He slept in the first-floor back—I slept in the front parlour on the ground floor—I did not go to bed till near 1; I was sitting up cutting up mine and my husbands food for next day's work—I was with my little girl in the kitchen, which is not two yards from the street
door—Barnum lived with a woman as his wife—a lodger named Darcy was in the kitchen at the time I heard of Barnum being in custody on 8th June—I did not go before the Magistrate—I went on the remand but was not called—I don't know Cooky.
FREDERICK DARCY . I am a gas stoker, and lodge at 21, Ann Street, Pentonville Hill—on Whit Sunday, a minute or two after 11, I was having my supper when Barnum came in—he asked me to have a glass of beer—I said "No"—soon after he said good night and went up to his room.
Cross-examined. I have lodged in the house since June last—Barnum has been there about five months—it was after half-past 11 when be bid me good night, and I heard him overhead after he went up talking to the person he was living with—I went to the police-court but was not called.
MARY ANN DARCY . I am the last witness's daughter, and lived in the same house with him at Whitsuntide—I saw Barnum in the house on Whit Sunday, just on 11, and about a quarter past he went up to bed.
Cross-examined. I went to bed just on 1—I did not see him after a quarter past 11—Alma Grove where we lived then is about a quarter of an hour's walk from Hermes Street.
Barnum in his defence stated that it was strange he was not taken till a week afterwards, although the police knew his address.
WILLIAM NASH (Re-examined). I did not know where he lived—I did not know he was under police supervision at the time—I got Cooky for him at the police-court, he knew he was there and did not call him.
SMITH and HINSON— NOT GUILTY .
BARNUM and BAILEY— GUILTY .
BARNUM PLEADED GUILTY* to a conviction of felony at Middlesex Session in September, 1882.— Five Years' Penal Servitude.
BAILEY— Twelve Months' Hard Labour.
NEW COURT.—Friday, August 1st, 1884.
Before Mr. Common Serjeant.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. A. METCALFE Defended.
MARY MOULE . I am the wife of Lewis Moule, of 2, Loris Road, Hammersmith, he is in the service of the P. and O. Company—the prisoner was our general servant—on Friday, 4th July, about a quarter to 6 p.m., she took my little girl Kathleen, aged two years and two months, for a walk—she came back about 8 o'clock; the child seemed quite well, and I told her to put her to bed, saying I would be back in a few minutes—I went out and came back in eight or ten minutes—the prisoner told me something, and I found the child insensible, and her night dress covered with blood—I sent for the doctor, two doctors came—I did not see any wound till the doctor showed it to me—I then saw a wound on the lower part of her body—I said to the prisoner "How did this occur?"—she said "The baby had a fit from which recovered, and I laid her in bed, and shortly afterwards she
screamed and when I went to her I found this blood on her night-gown "—on the 8th I took the child to Dr. Jack, but he was ill, and Dr. Walker was called in by the police—this happened on Friday, the 8th, and Dr. Jack did not see her till Tuesday—the prisoner was given in custody on the 9th—no one was in the house but the prisoner and the two children; the other child is six years old—this (produced) is one of our kitchen knives, it would be kept in the kitchen.
Cross-examined. The child's bedroom was on the first floor and any one wanting a knife would have to go down to the kitchen for it—the prisoner had lived with me a fortnight on the previous Monday—she had been kind to the children as far as I knew; a lady engaged her for me—I did not have her character—Dr. Deven said on the Friday that there was a clean-cut wound; but the case was not followed up till Tuesday—the prisoner said that the child screamed herself into a fit when I left the house screaming after me—I went out immediately she brought the children in from the walk—Dr. Deven examined the child on the very night—I said "Do you think it was accidentally done?"—he said "I can see no cause for it"—he is not here.
Re-examined. I then took the child to Dr. Jack, and also to Dr. Walker—I had no idea how it occurred, as the prisoner had been kind to the children—she went through her ordinary duties.
STEPHEN GOVER (Police Sergeant T). On Tuesday, 8th July, I received information and called in Dr. Walker to examine the child—he examined her again on Wednesday, the 9th, after which I went there and said to the prisoner "I am a police sergeant; I am going to take you in custody for violently assaulting your mistress's baby on Friday last; I must caution you that anything you say in answer I shall give in evidence against you"—she said "I never touched the baby at all, I am too fond of children"—I said "Is that the truth?"—after hesitating some time she said "Yes, I was upstairs with baby, she was lying on the bed and screaming, I got a knife and cut her"—I said "Where is the knife?"—she went with me to the kitchen and from a drawer she took this knife (produced) and gave it to me—I said "Is this the knife you did it with?"—she said "Yes, I have washed it since"—I noticed stains on it and showed it to Dr. Walker—on the way to the station she said "I am very sorry, I don't know what made me do it"—the charge was read over to her, she made no reply—the night dress is here, it is covered with blood.
Cross-examined. I know that Dr. Deven was called in to see the child—I did not know that he was of opinion that it was accidental—I was given to understand that he had not examined the child—Mrs. Moule told me that the doctor saw a cut, but had not examined it—I did not hear that he had expressed an opinion upon it—I took a note of the conversation at the station as soon I was able, which I have—I am sure the prisoner said "I got a knife," and not "I had got a knife," or "I'd got a knife."
RICHARD JACK , M.R.C.S. I live at 5, Atheratone Terrace, South Kensington—on 5th July, between 6 and 7 p.m., I was sent for to Mrs. Moule's and saw the child Kathleen; the mother was not there—the prisoner was in the room, and I said to her "What is the matter with the child?"—she said she did not know, that there was nothing the matter, and the child was better—she mumbled something indistinct—I
could not hear the actual words—I could see nothing wrong—the child was lying on its side in bed, looking seedy, and I thought I had better return when the mother was in—I received two letters from Mrs. Moule next day, and the child was brought to me; I was then in bed ill—I just looked at it and found it was very much injured—I said "I can't examine this child, I must and for the police"—I found it was cut at the entrance of the vagina—I have attended it since; she has almost entirely recovered as far as she will recover—the wound was very near a vital part—she will always have a weakness left—the wound was a little under an inch long, as far as I could see.
HORACE WALKER . I am a registered medical practitioner—on 8th July, about 9.30, I examined the child, and thought it better to examine her again by daylight, which I did next day—she was suffering from an incised wound of the perineum, which is between the vagina and the rectum—it was a clean-cut wound, and must have been done with some sharp instrument—it was about a quarter of an inch long, and a corresponding depth—a quantity of blood would flow—on 9th July Sergeant James showed me this knife—it was stained and imperfectly washed—I formed the opinion that the stains were blood—the outer parts were wounded—it was right at the back of the lapis.
GUILTY of unlawfully wounding .— Twelve Months' Hard Labour.
MR. RAVEN Prosecuted; MR. MONTAGU WILLIAMS appeared for Draper, and MR. KEITH FRITH for Kiff.
DENNISON MATTHEW WILKINSON . I am a clerk in the Civil Serrice, and live at Market Farm, Southall—on 23rd June I had a grey mare in a field there, turned out to grass—I saw her safe that night between 8.30 and 9—I received a telegram next morning, in consequence of which I communicated with the police, and in the evening I went down to Southall—the mare was worth about 25l.—I saw her next on 1st July, I think, at Buckingham Mews, Notting Hill, kept by. Mr. Proud—she was brought out for me to look at—I never authorised anybody to sell her—I knew Draper by sight, by attending the market at Southall.
Cross-examined by MR. WILLIAMS. He deals in horses.
ALFRED SNEWIN LYNE . I am a grocer, of Enfield—on Thursday, June 26th, about 8 p.m., the prisoners brought a grey mare to me—Kiff said that he had called at my brother's, who lives at Southall, and the mare was too large for him, and he had sent him to me—I had her put in my cart, and drove her; she went very well—they asked me 22l. for her—I ultimately gave 21l., which I paid to Kiff—next day I tried her and she threw herself down—I took her back to Kiff, but could not find him—he had given me his address, it was about six miles off—I left her at the Torrington Arms, and went again next morning before Kiff was up—we could not come to terms, and I sent her to Stapleton's Repository without a warranty, and she sold for 11 1/2 guineas—I did not ask Kiff where Draper was; Kiff took the lead.
outside the Elephant and Castle. who bought her at Stapleton's—Mr. Wilkinson has seen her and identified her.
JOHN WESTON (Detective Sergeant X). I received information and went to Mr. Wilkinson at Portobello Road, who identified the horse—I made inquiries at the horse repository and found the horse was sold there—I went to Finchley on 4th July and saw Kiff—I said "I am a police-officer; I want to know where you got that grey mare from you sold to Mr. Lyue at Enfield last Thursday week?"—he said "I sold it for a man"—I said "What is his name and address?"—he said "I don't know'—I said "Where did he get it from?"—he said "From Cambridge"—he afterwards said "He lent me the money and I bought the mare"—I said "The mare was stolen on the 23rd or 24th of this month from South all; as you can't give me a satisfactory account of it I shall take you in custody fur stealing it"—he said "I am innocent, the man I sold it for did live on Barnet Common, his name is Dan—I said "What is his other name?"—he said "I have known him all my life, but don't know his name; he lives in a van at Bullock's Field, Arkley"—I took him to Ealing Station, where he said "We both rode together in his trap; he was with me when I sold the mare to Mr. Lyne and gave me 2l. for selling it," referring to Draper—I then went to Arkley and found Draper in Bullock's Field—I said "I am a police-officer, I want to know where you got that grey mare from you sold to Mr. Lyne last Thursday week?"—he said "I bought it from two men in a cart last Tuesday week; it was tied behind the cart; they stopped here and asked me the road to Watford; I asked them how much they wanted for the horse and bought it"—he did not mention the amount—I said "Do you know their names and addresses?"—he said "No, they looked like London men"—I said "Have you got the receipt?"—he said "No, I am no scholar and did not think to get one"—I said "Have you any one to prove that you bought the mare?"—he said "Yes, a coachman round the comer"—I accompanied him there and said to the coachman, whose name was Barney, "Did you see this man buy a grey mare last Tuesday week?"—he said "I did not see him give them any money"—I said "Where was the mare when you saw her?"—he said "Tied up to the hedge"—I said "Did you see anybody else handle the horse except these men"—he said "No"—I said "What did he do with her?"—he said "He led her into a field"—I told Draper the horse was stolen from Southall and I should take him in custody—this was at Barnet, seven or eight miles from Southall.
Cross-examined by MR. WILLIAMS. He said "I bought it innocent enough, I did not know it was stolen"—I have since ascertained that Draper's name is Dan the horse-dealer—he used to work for a man named Dan Scotch, and he took his name—he is a dealer in horses—I found Kiff's story true, that Draper did live in a van at Bullock's Field, Arkley.
Cross-examined by MR. FRITH. I found that Kiff bears a good character—he has been employed by the Great Western Railway, and there is nothing against his honesty—the Magistrate released him on small bail, and during these sessions he has been released on his own recognisances and has surrendered to-day—I found him at the address Mr. Lyne gave me.
Re-examined. He said that the mare came from Cambridge.
Witnesses for the Defence.
GEORGE BARNEY . I am groom and coachman to Mr. Percy Howard, of Eastwood, Arkley, Hertfordshire—I have seen Draper before—on Friday, 24th June, I went to him about a pair of cobs which he had for sale—he drives a van and sells horses—I saw a horse and cart and a grey mare tied to a hedge—two men were with the mare, and Draper was talking to them—they had their horse and cart with them—I saw Draper take the mare, which was tied to the hedge, and take it into his field—I said to Draper "When you are at liberty I want to speak to you"—the men with the horse and cart drove away—Draper said that he did not want the ponies—I asked him if he had bought the grey mare; he said yes, he had just bought it—I saw a lad named Chew there.
Cross-examined. This was between 9.30 and 10 a.m., outside my master's place—I knew Draper as a horse-dealer—I had never seen the two men before—I went out intentionally, to tell Draper not to keep the ponies—I did not know he was there; I was going to his van, which I saw in the field—I went and sat down on a bank 15 or 16 yards from him—I did not see him pay for the mare, and did not ask him whether he had paid for it—I bought a paper of Chew, and read some of it, and did not keep my eyes on Draper—I could have seen the money pass if I had been looking.
JOHN MICHAEL CHEW . I am a newspaper boy, and was in the service of Messrs. Smith and Sons, at Barnet station—on 24th June, between 9.30 and 10 a.m., I was going round with newspapers, and saw Draper, who I knew by sight, talking to two men in the road, but I did not hear what passed between them—I saw a grey mare there, and saw Draper count 16 sovereigns into the hand of one of the men—I did not knot Draper before.
Cross-examined. I am not at Messrs. Smith's now; I had notice on Monday morning, and had to leave on the following Saturday—I did not see anybody there but the two men and Draper—there was a coachwan about 15 yards off; I asked him if he would buy a paper, and he did so—nobody else was there—I was coming to Barney, and saw Draper pat the horse into the field, and then he counted 16 sovereigns into the tallest man's hand, one, two, three, and dropped a sovereign in each time up to 16—Mr. Barney did not see that, he went into the stable after the horse was taken into the field—Draper got into the cart and drove off—the grey mare was left in the field—a policeman brought me a subpoena, and I went before the Magistrate at Brentford—before that one of the lawyers put down what I was going to say.
Re-examined. Draper was a perfect stranger to me except by sight—I was in Messrs. Smith's employ three years and nine months—I am 14 years old—I had to go as a witness to Brentford on a Saturday, which is a busy day at the sitution, and as I could not attend to my business my place was filled up.
DRAPER— GUILTY .— Twelve Months' Hard Labour.
KIFF— NOT GUILTY .
(The remaining cases of the Session were adjourned to Wednesday, Aug. 6th.)
OLD COURT.—Wednesday, August 6th, 1884.
Before Mr. Justice Hawkins.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. PURCELL Defended.
AUGUSTA SCOTT . I am the wife of Albert Scott, of Uxbridge—on 19th June the prisoner had been in my service nearly three weeks as domestic servant—I had four children then—on 19th June, at nearly 4 p.m., I sent her out with my little daughter, Lottie Marian, aged one year and 11 months, in a perambulator—I told her to go and meet two of my children from school—their ages are nearly six and nearly five—I also gave her a letter to post—my two children returned from school alone, about 5.30, and about 6.30 Mr. Ginns, a neighbour, brought back the perambulator with the dead body of my child Lottie in it—Mrs. Burn came in and untied this scarf (produced) from the child's neck—she called my attention to the way the scarf was tied; it was put round and drawn back and tied in a double knot—it was twice round—she had no scarf round her neck when she went out; it belongs to the prisoner, and she had it on when she went out—I did not see her again till she was in custody—about a quarter of an hour after the child was brought home Dr. Davidson came and examined it.
Cross-examined. The prisoner was in the habit of taking the child out, and on the Sunday before she took two of the children to chapel—the baby was fastened into the perambulator with a strap under her arms—the elder children usually took their tea about 5 o'clock, sometimes later—both children wore a scarf, I believe—the prisoner was to take the letter to the post-office to get a stamp, and not to the pillar-box at the corner—the prisoner always seemed kind to the children—she was fond of reading—I did not notice that she took out two books with her when she went out—in the evening the letter I had given to her was restored to me without a stamp and unposted.
MARY ANN SARGOOD . I live with my father at Park Road, Hillingdon, nearly opposite Grove Road—on 19th June, about 5.30 p.m., I was sitting at my gate facing the road and saw the prisoner and a perambulator standing still four or five yards beyond Chippendale Alley—the perambulator was in the road, and I could see that there was a child in it—Mrs. Scott's two other children were a few yards in front of the perambu lator coming towards me—they went on and went into their father's house, and the prisoner wheeled the perambulator towards the Eight Bells public-house and kept near Mrs. Watford's wall till I lost sight of her.
Cross-examined. I did not see her turn down the road away from the house, but I saw her when she had turned—she could go to the post-office that way, and there was another way—she could go either way with the perambulator—Park Road is a well frequented road—I saw the girl between 1 and 2 o'clock every day—she was very kind to the children—I was 80 yards off—I did not notice a book in her hand.
ALFRED BAILEY . I am nine years old—on 19th June in the afternoon, after tea, I wan by Chippendale Alley and saw the prisoner at the entrance of the alley with a perambulator—the baby was crying, and the
prisoner took a necktie off her neck like this produced and tied it round the perambulator—she was reading a book, and I heard her speak to the baby, who left off crying—the hood of the perambulator was down—I went to the post and saw the perambulator again as I came back—the prisoner was then pushing it along in the same direction towards the Eight Bells and reading, and the hood was down—I could not see the child's face then, because the hat was over its face.
Cross-examined. Mrs. Scott's two children passed me on my way home and after that I saw the prisoner and the perambulator with the head turned away from Mrs. Scott's house—that was the first time I saw it—the baby was crying—when the prisoner took her scarf off she hung it on the perambulator and twisted it round the handle—I am quite certain of that—she was pushing the perambulator straight in front of her and reading a book—I saw Leman in the road—the prisoner spoke kindly to the baby and it left off crying.
By the COURT. It would take two or three minutes to go to the pillar-post from where I saw the perambulator the first time—I went as fast as I could and came back as fast as I could.
HANNAH WHITE . On 19th June, about 6 o'clock p.m., I was gong along Park Road from the Eight Bells towards Mrs. Scott's house, and saw the prisoner with a perambulator about half-way up Mr. Walford's, Holly Lodge—it was standing still and she was standing at the back of it—the hood was up—she had a book in her hand turning it backwards and forwards—I could see the child in the perambulator—it had nothing over its face—it was not sitting up, it was reclining on its right side—its hat was on its face—I passed by and went up the road—I did not meet anybody—as soon as I passed I think she must have left the perambulator.
Cross-examined. She was turning the leaves of the book as if looking for a place—she was not leaning to one side, she was facing the road with her side towards the perambulator—I have known her some time and have seen her behave properly to the children—I did not hear her use angry language, she never spoke—I did not see the boy Bailey or Mrs. Leman.
JANE EDITH LEMAN . I am 13 years old and live with my father and mother at Pleasant Place, Uxbridge—on the afternoon of June 19th I was coming up Chippendale Alley into Park Road and saw the prisoner against the third post by the wall of Mr. Walford's house—the perambulator was going towards the Eight Bells, and the prisoner was standing behind it reading—I was coming up towards the hospital and turned to the left out of Chippendale Alley—I saw Mary Ann Sargood at the gate, and while I was talking to her I saw Mrs. Scott's two children go home—I then went home and came back at, I think, 5 or 10 minutes to 6 o'clock and saw Mrs. White close to the Cottage Hospital—I went down the road towards the Eight Bells and saw the perambulator pushed close up against the hedge with the hood up—that was farther down than when I saw it before the front wheel was touching the hedge—the prisoner was not there, I had not seen what became of her—the baby was in it—I lifted a white linen or cotton hat off its face, its eyes were closed and foam was coming out of its mouth—I put the hat down again and ran into the path and saw Miss Prince coming and told her—Mr. Ginns came up and looked at the baby and took the perambulator to Mrs. Scott's.
Cross-examined. There is a footpath on one side and a hedge on they
other, and the perambulator was by the hedge—I saw it both times on the same side of the road—there are several gaps in the hedge—I saw Mrs. Scott's other two children go home hand-in-hand singing.
WILLIAM GINNS . I live at Uxbridge—I was going home to tea and saw a perambulator close to Mr. Walford's hedge—Miss Prince called my attention to it—the hood was up, and the baby inside with its hat on its face; I thought it was dead; stuff was coming from its mouth—I wheeled it to Mrs. Scott's, which took eight or ten minutes—I saw Mr. Scott and Mr. Burn ham, and they took care of the child.
JOHANNA LEWIS BURNHAM . I am the wife of Lewis Burnham, and live three doors from Mrs. Scott—I was in my garden and saw Ginns and Mrs. Scott in her front garden—I went there immediately—the child had been taken out of the perambulator, and Mrs. Scott had got it—this scarf was round its neck, and brought twice round on the right side and tied in a double knot—I tried it with my fingers, it was very tight and I could not move it, I had trouble in undoing it—I noticed a mark on the neck, it was very black—Mrs. Young, a neighbour, was there—a doctor was sent for.
Gross-examined. It was tied round the child's neck with this part in front of the throat, and the two ends round again by a double knot; I mean tied once like this, and then a second time—I had seen the prisoner every day with the children, and as far as I observed she was kind and attentive to them.
By the COURT. The knot was in front, like my own.
LYDIA DAVIS . I am 11 years and 10 months old—my father is a coal merchant in Park Road, Hillingdon—on 9th June, between 5 and 6 o'clock, I was in George Street, Uxbridge, and when I passed the brewery Tap I saw the prisoner running down George Street towards High Street—I knew her; her father lives next door to my people—as she passed me she said, "Don't you say that you have seen me."
Cross-examined. She did not stop as she spoke, she ran straight on—I made no reply—I had not said anything before that.
JOHN DAVIDSON . I am a registered medical practitioner—on 19th June, about 6.30, I went to Mrs. Scott's and saw a dead child—I formed the opinion that it had been dead about half an hour—there was a distinct mark right round the neck, more prominent on the right side; it was such a mark as would be occasioned by a handkerchief tied tightly round—I made a post-mortem on the 21st, and found that suffocation was the cause of death.
JOSEPH WHITEHURST (Police Sergeant X 5). On 19th June, about 8.25, I was on duty at Uxbridge Station, and the prisoner came in and said, "I have come to give myself up"—I said, "What for?"—she said, "You know"—I asked her name—she said "Perry"—I asked her again what she came to give herself up for—she replied "Murder"—I cautioned her that what she said after that would be taken down and used in evidence against her, and she said nothing more—I knew that the police were searching for her when she came.
Cross-examined. She gave me up two books, "Uncle Tom's Cabin" and the "Sunday-school Hymn-book," and a letter and 2d.
CHRISTOPHER BLOMFIELD (Police Inspector). On 9th June, about 7.30 p.m., I went to Mr. Scott's house and saw the body of a female child—there was a black mark round the neck, a circle half an inch wide; the
right side was larger than the other, it was wider where the knot was—about 11.30 the same evening I was at Uxbridge Station, and the prisoner was in her cell—I heard a kind of half scream or hysterical cry—I had a man watching her, and I went to the door—she was lying on her left side wringing her hands—I went in and touched her and said, "What is the matter?"—she said, "I have been dreaming about little May that is killed"—I went into the cell again in about half an hour, and she was sitting on the cell seat leaning forward; she appeared depressed, and I said, "Why don't you lie down and try to go to sleep?"—she said "I am afraid to do so in case I might dream again of little May"—Keefe gave me this scarf.
The Prisoner's Statement before the Magistrate. "I am not guilty of wilful murder, and I reserve my defence."
MR. PURCELL proposed that the prisoner should make her own statement before he addressed the Jury on her behalf or else that her solicitor, to whom she had made a statement, might be called to prove it. MR. JUSTICE HAWKINS consented to the prisoner making her own statement, but declined to allow her solicitor to give evidence of what she had said to him, as that would tend to take away the confidence existing between solicitor and client. MR. PURCELL having communicated with the prisoner, stated that she was unable to make any statement. He then addressed the Jury for her.
The prisoner received a good character.
GUILTY of manslaughter.— Fifteen Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAM Prosecuted; MR. THORNE COLE defended Winter, and MR. FOOKS Beecham.
RICHARD BROWN (Policeman T 275). I am stationed at Sunbury—in consequence of certain fires that have taken place in the immediate neighbourhood, I was watching Mr. White's premises at Upper Halliford, on Wednesday, 18th, when I hid myself in a meadow about 20 yards from the farmyard, and about five minutes to 7 I saw Beecham come along the footpath outside the farmyard—I then saw Winter run up and join him, and say "I done it, there is a b——lot about, we don't know where they are"—Beecham gave him a shove and said "Shut up"—nothing more was said—they passed on in the direction of their own homes—two or three minutes after that I saw smoke issuing from the roof of the shed—I ran and looked over the wall that separates the yard from the meadow—I heard some boys crying "Fire!"—I got over the palings and ran to the bullock-shed or cowshed, and found rubbish, hay, straw, and hop-poles just getting alight and burning in the manger and under the manger—I made inquiries, and in consequence went in pursuit of the prisoners—I overtook them in Green Street, Sunbury—I said to Winter "What did you run up to Beecham for?"—he said "I went back for my tea-can"—I told him I should take him in custody on suspicion of setting the shed on fire—they both replied "There was no fire when we left—I told them they must have heard them calling "Fire!" as the boys were calling out, and they had not got far—I said "You had not got above 200 yards"—they made no reply to that—I took them to the Sun bury Police-station, searched them, and found on Winter two matches, a
penny, a purse, and a pocket-knife; he had a tea-can in his hand—on Beecham I found a box of matches, a tobacco-box, and knife.
Cross-examined by MR. COLE. It was not lees than two minutes after Beecham and Winter had passed on that I heard the cry of fire—the boys wm just outside on the green—I believe the Sergeant of Police made this plan (produced)—I did not see him do it—I could see the smoke from where I stood—the prisoners were then about 200 yards off—I could not see them, they had passed out of my sight—I saw the direction they went in—I saw smoke coming through the roof of the shed, and ran into it—I saw the straw and hay on fire—it was not the stable, it was the bollock-shed—I and some other men put the fire out with eight or nine pails of water, no fire-engine was called—the manger was all burnt—I made inquiries as to who were the last men on the premises, and then I started off and came up with the prisoners about a mile from the premises—they were walking side by side towards their homes—I was about 24 yards away from the prisoners when they were speaking.
Cross-examined by MR. FOOKS. Beecham did not say in answer to Winter, "Did you shut up?"—I am quite certain of that; I am sure he said" Shut up"—it was that that made me suspicious.
----GOODYEAR (Sergeant T 26). I produce a plan of White's farm, Halliford, drawn by me to scale, showing the farm, yards, buildings, and the surrounding roads and premises.
Cross-examined. I was seven years on the Ordnance Survey—I left that to better myself, because I was very much against map-making—I have been 17 years in the police.
ROBERT COOK . On Wednesday evening, 18th June, a few minutes before 7 o'clock, I was sitting outside the Goat public-house, Upper Halliford, drinking a glass of ale—I saw Beecham leave Mr. White's yard and stand by Mr. White's rick-yard gate till Winter came out, four or five minutes after, and then they joined and went straight across the field—Beecham was waiting until the other came out, and went across the field to his home—shortly after Winter joined Beecham, and when they had got not more than 200 yards away, I heard the boys cry out "Fire!"—I went into the yard, got some pails, filled them with water, and damped the fire, which was in the cow shed, under the manger—Mr. Brown ran in and said "Have you got the fire out?"
Cross-examined. The Goat is only just across the road from Mr. White's—nobody else was with me drinking—I was having a glass of ale after my work—I saw Beecham come out from the farm premises by himself; he walked along the path under the wall, and stopped under the rick-yard gate, which was four or five yards from the gate I saw him come out of—Young Winter left the yard after him, with his coat on his shoulder—I do not know the lad, and do not recognise him now, but he looks very much like him—I had not seen him before, but I saw a lad like him coming out of the yard and walk away with Beecham, who was standing there writing—I had just lost sight of them before I heard the boys who were on the Green, close on the spot—the Green is a public playground, near the Goat—I saw the smoke through the tiles, and ran into the yard—I had seen no one leave Mr. White's premises—I don't know when the prisoners were given into custody.
Cross-examined by MR. FOOKES. I could see the prisoners leave the yard from where I sat, there was no building in the way—Beecham
stopped four or five minutes till the other joined him. (Goodyar here explained in detail the plan)—the witness standing under the tree drinking could see right through.
HANNAH MARIA WINTER . I live at my parents' cottage on Mr. White's farm. Upper Halliford—on the 18th of June I was present when Beecham left, I heard my mother bid him good night at the farmyard gate; I saw Winter go towards the gate—he went within a few yards of it and then turned back and Raid he had forgotten his tea can—he came back towards the stable and said he had forgotten his tea bottle—he was with Beecham then—he then went up to the stable door, the cowshed is a little farther up adjoining the stables—I then went indoors and upstairs—I saw nobody but the two prisoners about the yard at that time—my mother, Clara Emma Winter, was at home; she was confined of a child on the 1st of August—she was attended by Dr. Roper and is at present at home in bed unable to come out—I know her handwriting; this is her signature—my father's name is James.
Cross-examined by MR. COLE. I was at home that evening with my mother—I saw her talking to Beecham for twenty minutes or a quarter of an hour—I saw no smoke—it was five or six minutes to 7 when my attention was drawn to something smoking—it was just a few minutes previous to that that I had seen my mother and Beecham talking—I winned Beecham good night and saw him leave the yard—I saw Winter leave the yard; they were both together—I did not see Winter leave the premises—he was within a few yards of the gate when I saw him, and he turned back and said "I have forgotten my tea bottle," and he turned back as far as the stable door—at that time he had no tea bottle with him—I saw him go to the stable door—I did not see him come away with the tea can—after that I went away—before he turned back to get the tea bottle both he and Beecham were in my and my mother's company for a quarter of an hour or twenty minutes.
The deposition of Clara Emma Winter, which was here head, stated that on Wednesday, June 18th, she was talking to the two prisoners about a quarter of an hour before they left work, and about fifteen minutes afterwards she heard a cry of fire.
JOHN WHITE . I am a farmer at Upper Halliford—the two prisoners were in my employ as carmen, Beecham for over two years, and Winter about two weeks—I had no disagreement with either of them, and neither of them was under notice to leave—I had given directions to have them watched.
Cross-examined by MR. COLE. Some years ago when the little one worked for me as a boy he assisted me in bringing a person to justice who stole some cabbages, and who got a month—he worked away from me for some time after that—I don't remember giving him 5s. for his trouble, it is five or six years ago—after the prisoners were in custody my barn was set fire to on the very next night before 7 p.m.
Re-examined. Before that, on the 13th, two barns of mine were set fire to in the very yard where the bullock shed was, and on the night the prisoners were apprehended it was set fire to again.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. KEITH FRITH Defended.
After the case had been opened for the prosecution, the prisoner, in the hearing of the Jury, stated he was
GUILTY .— Six Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
HENRY JENNINGS . I live at 19, Edge Street, Notting Hill, and am a dustman—on the afternoon of 15th July, about half-past 3, I was in the Dudley Arms public-house—the prisoner came in and had some drink with a baby in her arms—after she had finished her drink she kissed her baby and said, "We are both well prepared for it"—she then went out—I went out after her—she went over the canal bridge on to the towing-path, and when I got on to the bridge I saw both the prisoner and baby in the water of the canal about 6 feet from the side—I went on to the towing-path, jumped in, and pulled them both out—the water where they were when I got them out was about between 5 and 6 feet; in the middle it is 7 or 8 feet—a policeman came up.
WILLIAM KINNER (Policeman X 382). About half-past 3 on Tuesday, 15th July, I went to North Wharf Road, where I saw the prisoner all wet—she said, "Here I am, policeman, take me to the station"—I took her to the station, where I heard her make a statement—she was asked why she jumped into the water—she said, "I jumped into the water to drown myself and baby, as I was leading a miserable life which I was tired of, and we were better dead than alive, as the man I was living with has been sharpening a knife to kill me, as some one had told him I was unfaithful to him"—that was all she said—when I first saw her and took her to the station I did not see the baby; it was at the station all wet when I got there—I sent for Dr. Westmacott to attend to it—the child was alive, and got all right.
MARY RUSSELL . I am George Russell's wife, and live at 27, Harrow Street, Marylebone—the prisoner lodged with me—she had two children, the youngest about three weeks old, and the eldest two years and a month—no man lodged with her at the time she lived with me—the child thrown into the water was three weeks old.
The prisoner, in her defence, stated that the child's father was always kicking and knocking her about, and had threatened her life, and she in dread and fear did not know whether she jumped or fell into the water, and that she did not intend to hurt the child, although she did herself.
INSPECTOR MORGAN corroborated the prisoner's statement as to her ill—treatment by her husband.
GUILTY . Recommended to mercy by the Jury on account of the strong provocation she received. The prisoner received an excellent character from the police.— Ten Days' Imprisonment. She
PLEADED GUILTY to attempting to drown herself.
OLD COURT.—Thursday, Friday, and Saturday, August 7th, 8th, and 9th, 1884.
Before Mr. Justice Hawkins.
MESSRS. POLAND and DANKWERTZ Prosecuted; MR. MONTAGU WILLIAMS Defended.
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. THORNE COLE Defended.
GUILTY .— Judgment respited.
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted.
GUILTY .— Ten Years' Penal Servitude each.
Before Mr. Common Serjeant.
MR. PARKINS Prosecuted; MR. BLACKWELL Defended.
HENRY SMITH . I am an assistant to the executors of Mrs. Barker, of 91, Houndsditch—on 29th June when I came to business the male prisoner was in the shop, and some boots were on the counter—in consequence of what I heard I sent for a policeman, and some time afterwards I said to the prisoner, "Are these your shoes?"—he said?"Yes"—I said, "Here is a police officer, I shall give them into his hands to make some inquiries about them."
ROBERT LEAMON (City Detective). On 23rd June I was sent for to 91, Houndsditch—I went into the shop and saw the male prisoner there and a pair of patent leather shoes on the counter—Mr. Smith took them up and said to the prisoner, "Are these yours?"—he said "Yes"—Mr. Smith said, "This is a police-officer, and I shall hand the shoes to him for him to make some inquiry about them"—I said to him, "Where did you get these shoes from?"—he said, "I bought them"—I said, "When?"—he said, "This morning"—I said, "Where?"—he said, "At Stratford"—I said, "At what shop?"—he hesitated; I repeated the question—he said, "I got them from my sister"—I said, "Where—is your sister?"—he said, "She is employed at a large boot shop at Stratford"—I said, "What did you give her for them?"—he said "10s."—I said, "Is she allowed to sell you boots?"—he said, "I don't know"—I said, "I shall take you to the station, and detain you to make further inquiry"—he had another parcel under his arm on the road to the station, and I said, "What does that parcel contain?"—he said, "A pair
of boots"—I said, "Are they new?"—he said "Yes"—I said, "Where did you get them from?"—he said, "The same place"—I said, "What did you give for them?"—he said, "My sister let me have them and the others on approbation, to see which pair would fit me"—I said, "What is your sister at this boot shop?"—he said, "I don't know"—I took him to Bishopsgate Street Station, where he repeated the same statement to the sergeant on duty, and then I made inquiry at Stratford, and returned and told him I should charge him with the unlawful possession of two pairs of boots and shoes—I took him before Sir Robert Carden the same morning, and he was remanded to the next day—I could not attend, being engaged at this Court, and he was handed over to the Metropolitan Police—I did not see Kate Hatch at Stratford, but the boots were identified by Mr. Burrows's assistant in my presence.
Cross-examined. I was not at West Ham Police-court—I took no note of the conversation, I trust to my memory.
SAMUEL BACON (City Detective). On 23rd June about 9.10 the male prisoner was brought into Bishopsgate Station by Leamon—the station sergeant said to him "Where did you get these boots from?"—he said "I got them from my sister, who is assistant to Mr. Burrows, a boot-maker at Stratford, to try on to see which would fit me"—we then went away and made inquiries—I found 22 pawn-tickets on the prisoner.
ARTHUR WILLIAM BRAY . I am 14 years old and am errand-boy to Mr. Burrows—the prisoner Kate was his servant—she asked me on 22nd June to take a note to her brother, the other prisoner—I was to meet him at 3.45 on Sunday afternoon at the Town Hall, Southwark—I went there, but did not find him—this is the note. (This stated: "Will you give Burrows's boy my ring for me; put it in a piece of paper and he will give it to me; come on Monday morning at 7.45 sharp; I will have something for you, dear.") I took the letter home and gave it to the housekeeper and was present when she gave it to Mr. Lewis.
Cross-examined. It never went into her brother's hands—I have known her some time, I never saw her serve in the shop—there is a young man assistant besides Mr. Lewis, and another boy besides me—I am not always in the shop.
LEWIS EDEN LEWIS . I am assistant to Mr. Thomas Burrows, bootmaker, of Stratford—the prisoner Kate was his general servant—she did not assist in the shop—I have seen this pair of boots and pair of shoes, they are worth 7s. 6d. each—I identify them as Mr. Burrows's—I am perfectly certain they have never been sold—the housekeeper gave me this note in the presence of the boy Bray—I opened it on Monday morning, read it, and handed it to Mr. Burrows, who sent for a constable.
Cross-examined. I said at West Ham Police-court that I could not say that the boots had never been sold, but I afterwards found they had been in the window and were missing—I have no stock book—I have not talked the matter over with the detective, I have with Mr. Burrows—I swear that they were not sold from the shop—I cannot say how many pairs of boots and shoes like these we have in the shop, we sell boots without entering them when business is brisk on Saturday nights—Miss Burrows serves in the shop—she may have sold boots to Kate Hatch for herself to be paid for by instalments; she told me that she has had some for her own wear, but I swear that Miss Burrows has not sold any of these boots—I only know from what she tells me—Kate
Hatch never served in the shop to my knowledge, and I have been there nine years last February.
Re-examined. These boots were in the window for ornament rather than for sale—I said at first that I was not certain, but when I looked into the matter I found that they were not sold—I missed then at 8.15.
JOHN RABINOWITZ (Policeman). On 23rd June in consequence of a communication made to me I went to Mr. Burrows's and said to Kate Hatch "I shall take you in custody for stealing boots, the property of your master"—she said "You make a mistake"—I said "You will have to come with me to the station"—on the way there she was crying, and I said "Don't cry, I am very sorry for you"—she said "I was obliged to do it to do other people a kindness"—that was about noon—she was charged and taken before a Magistrate an hour and a half or two hours afterwards.
Cross-examined. It is about eight minutes' walk from Mr. Burrows's to the station—I did not say "You had better tell me all about it."
Re-examined. She made the statement voluntarily.
The prisoners received good characters.
KATE HATCH— GUILTY of stealing.
WILLIAM HUGH JOHN HATCH— GUILTY of receiving . Strongly recommended to mercy by the Jury on account of their good characters.— Judgment respited, and the prisoners were admitted to bail , MR. BLACKWELL stating that arrangements would be made to send them abroad.
Before Mr. Common Serjeant.
MR. D. J. LOUIS Prosecuted.
CLARA MILLS . I am a domestic servant at 21, Mona Road, Brockley—this silver watch and chain are mine; they were on the kitchen dresser on 10th July about 3.45—I went upstairs leaving no one there—I came down in about ten minutes and the watch was not there—the scullery door was shut but not locked—the side door was not bolted—any stranger could have got in through the garden and opened the door—several people live in the house—the watch and chain were worth about 24s.
WILLIAM SAVAGE (City Policeman 898). I am a plain clothes patrol constable—on July 10th, about 6.30, I was on duty in Houndsditch, and saw the two prisoners in Cutler Street—Smith passed something white and black to Foy, who put it in his right-hand jacket pocket—I stepped back and let them out of Cutler Street—they went to Fills Buildings and spoke to a man who was standing there—I caught hold of Foy and said "I want that watch and chain you have"—he said "I have not got one"—I put my hand into his right jacket pocket and took this watch and chain out—he said "Don't lock me up, the
other one gave it to me"—I kept a firm hold of his collar, Smith ran away—I ran Foy up and called out to another officer "Stop him, stop thief"—he was stopped in my presence and I took them to the station end told them they would be charged with unlawful possession of the watch and chain—they said nothing—Foy was put in the muster room away from Smith, who was asked where he got the watch and chain—he said that he picked it up on London Bridge wrapped up in paper—he was asked if he had got the paper—he said "No—he was asked where he lived—he said "I live anywhere, Foy and I came to Billingsgate at 5 o'clock this morning from Botnerhi the to get work; we remained there till 4 in the afternoon"—Foy said "I came with the other one from Deptford about 2.30 this afternoon, we got to London Bridge about a quarter to 3; I had the watch with me in the train," but he corrected himself directly afterwards, and said that Smith picked it up on London Bridge wrapped in paper—they were separate then—when they were brought together Smith said with an oath to Foy "You have rounded, have you? I have got you on a bit of cotton. I will show you what I will do to-morrow. I was not with you when the watch was got"—I do not know what "cotton" means.
Smith in his statement before the Magistrate said that Foy came up to him and asked if he could sell the watch and chain, which he said he got at Brockley.
Foy's Statement. "I did not know he had the watch and chain at all, I got 3d. from my mother to go to London and buy a pair of trousers to follow my father's funeral."
Witness for Foy.
ELIZABETH FOY . I am a widow and a hawker—on 10th July my son asked me for 3d. to go to London and buy a pair of trousers for his father's funeral—he was indoors till 2.30, and never went out—he was not in after that.
Smith's Defence. Charley Frith came in and showed me the watch in the back yard. I would not have anything to do with it. I am innocent of stealing it.
Foy's Defence. I met him in a corner and he showed it to me. I was staying indoors all day.
GUILTY of receiving. The Jury recommended Foy to mercy, believing him to be the dupe of Smith.
SMITH then PLEADED GUILTY to a conviction at the Surrey Sessions in May, 1881.
SMITH.— Five Years' Penal Servitude.
FOY— Nine Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. CULPEPER Prosecuted.
AMELIA FISHER . On the 26th June I went to bed between 11 and 12 o'clock—when I got up the next morning I found the doors open, and missed from the dining room 15 spoons, a meerschaum pipe, a pickle fork, a cruet stand, a bunch of keys, a black bag, and tobacco pouch—the silver was in a carrier in the dining room—I am sure they were there when I went to bed—I have seen these articles before, and I identified them.
on the night in question leaving the doors and windows locked—I got up next morning and found the door leading from the kitchen into the hall forced open, and the scullery window—the drawing room had been entered upstairs—I missed these things.
THOMAS FRANCIS (Police Sergeant R). At 8.30 on the 30th June I was in New Cross Road and I saw the prisoner with a bag in his hand—he was met by a man coming in an opposite direction, and they went into a public-house together—I went in and asked him what he had inside his bag—he made no answer—I opened it and found a dark lantern, a revolver, a jemmy, skeleton keys, some wedges, and these forks and spoons—four of these are egg spoons—and a pickle fork and sugar sifter, which have been identified by Mrs. Fisher—I said him into custody, and told him he would have to come with me to the station—he became violent and struck me in the face—I threw him down and assistance came—in his waistcoat pocket I found six cartridges which fitted the revolver—he refused his name and address—I afterwards went to Nunhead Grove and there found the cruet stand and the remainder of the property, which have been identified.
Cross-examined by the Prisoner. You struck me in the face, and said you would not go.
GUILTY . There was another indictment against the prisoner.— Twelve Months' Hard Labour.
MR. WILSON Prosecuted.
MARY ANN LIDDLE . I am the wife of Charles Liddle, of 36, Beresford Street, Woolwich—when I went to bad on the night of the 12th July I put my purse under my pillow, containing 6l. 10s. in gold, two coins, two farthings, and two threepenny pieces—next morning I got up and had my breakfast, and left the female prisoner to do my bedroom, and came back between 10 and 11 o'clock—when I went to bed again I missed my purse—I sent for the prisoner, but she did not come—I did not see her until Sunday morning—we call her "Aunt," and I said "Aunt, what did you do with my purse? tell me"—she said "I never saw it"—I said "It is no use saying that; nobody but you and I have seen it; you know it is my rent money"—in the meantime a letter had come to say that I was to pay my rent on Tuesday—I said "Will you take your Bible oath of it?" and she said "No," she must go out and get something for her dinner—I think I could swear to these two farthings (produced)—they were in my purse when I left it under my pillow—I think I can swear to the fittings of the purse; the trimmings are similar—I gave information to the police, and she was taken into custody.
The Prisoner Mullings. The purse belongs to me, and what is in it I have worked hard for.
GEORGE BRACHLEY (Police Sergeant). I went on the night in question to 6, Rope Yard, Woolwich, where I found the prisoners in the front attic lying in bed in their clothes, much the worse for drink—I aroused them, and told the female prisoner that I was going to take her into custody for stealing a purse and 6l. 10s. from Mrs. Liddle—she said she never had the money—I saw her pass something to the male prisoner,
which he put into his right-hand pocket—I told him I should insist on his accompanying me to the station—on searching them at the station I found on the female prisoner only 4d. in coppers—on the male prisoner I found this purse, which Mrs. Liddle identified as the purse which she was in the habit of using, and these coins in it (produced)—I afterwards went to make a fresh search in the room, and examined and sifted the ashes, and found these two pieces there, and Sergeant Morgan found these two farthings under the bed, which Mrs. Liddle identified.
By the COURT. Mrs. Liddle keeps a coffee-house, and lets beds to respectable people; I never knew that it was a brothel.
WILLIAM MORGAN (Police Sergeant). On the 16th instant I, in company with the last witness, searched the room in question—under the head of the bed I found these two farthings, and I called his attention to them.
JOHN DUNBAR . I let the room where the prisoners were apprehended; they took the room as man and wife—after their apprehension I had a spring lock put on the door, and the room remained empty until the two sergeants came and searched it two days afterwards.
Pooley, in her defence, said that there were two prostitutes in the house from Sunday night till the following Saturday morning, and she was not, therefore, the only one who could have had access to the room.
Mullings's Defence. I am innocent of the charge. I know nothing more than I have said about it.
POOLEY— GUILTY .— Nine Months' Hard Labour.
MULLINGS— NOT GUILTY .
Before Mr. Recorder.
MR. GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Recorder.
GLOVER PLEADED GUILTY .
GERARD NOEL . I am a captain in the Royal Navy—on 8th April I arrived at Waterloo at 3.30—I there gave my hatbox and Gladstone bag to Cooke, constable in the South-Western Railway Company's service—I left the station, and when I returned my luggage was gone—the hatbox (produced) is mine, and this is some of the property that was in the bag—the name has been erased from this book, which was in the bag, with some spirit.
EDWARD COOKE . I am a police-constable in the London and South-Western Railway Company's service—I received the hatbox and Glad-stone bag from Captain Noel; I kept them in my charge till I had to go and start a train; when I returned after a few minutes' absence they were gone.
HENRY HOEL ODIE . I am a major in the East Yorkshire regiment—on 9th June I arrived at Waterloo about twenty-live minutes to 2, and handed my luggage to a porter whom I knew by sight, not nam among other things was this travelling bag (produced) containing silver fittings—a few minutes afterwards the porter called my attention to the luggage, and the bag was gone—I have since seen some of the articles which were in the bag at the time, among them a French novel, two paint boxes, a small prayer book, some fishing tackle, a little red pocket book, and also a jewel case, which is here now, and a knife; all this is my property.
CHARLES SISMUR . I am a porter in the London and South-Western Railway Company's service—I received the luggage from Mr. Odie, and took it to the luggage room, and left it there torn a few minutes; when I came back the travelling bag was gone—this is the bag.
ANTHONY SCARISBRICK . I am an insurance manager, carrying on business at Southampton—on 9th June I arrived at Waterloo about twenty minutes past 5, a porter took my luggage from me, among it was a brown Gladstone bag—I saw him take them to the weighing room—two or three minutes afterwards he asked me if I had taken the bag, and I said "No"—it was gone—I have since seen some of the article! that were in it, collars, handkerchiefs, boots, coat, and waistcoat.
HUGH POLAND . I am a porter in the London and South-Western Railway Company's service—I received the luggage from Mr. Scarisbrick—I put the Gladstone bag in the weighing room—a few minutes after wards I missed it.
WILLIAM DAVIS . I am Lord Byron's valet—on Saturday, 10th May, I was at Victoria Station about 3.30 or 4 with Lord Byron—I left the luggage on the platform for a minute while I went to booking-office—when I came back the portmanteau was gone—I have since seen some of the articles that were in it, these shooting boots, slippers, bottles, cap, and other things I identify as belonging to his lordship.
ALFRED JOHN MARRIOTT . I carry on business at 37, Good Street, as secondhand clothes dealer—on the morning of 30th June I bought this bag (the one identified by Major Odie) of the prisoner, it contained a number of silver fittings—on the previous Thursday, the 23rd or 24th, my man had bought a bag of him containing, among other things, this coat and waistcoat, which I gave up to the police. (This was the coat identified by Mr. Scarisbrick)—I gave the prisoner 50s. for the dressing bag, the coat and waistcoat were sold with other things.
WILLIAM MARTELL . I live at 39, Somerset Street, Caledonian road, and am landlord of that house—the two prisoners came and took lodgings there about the 8th of December last, and lived there together for five or six weeks—Salmon then went away, and Glover continued to live there till he was arrested—after Salmon went away I saw him occasionally at the house coming to visit Glover.
Cross-examined by Salmon. It was three weeks or a month from the time you left till the that I saw you there again as a visitor—I remember your coming on the 5th of July to my place; you took away a brown Gladstone bag and a hatbox, into which you put what you thought proper—I cannot say if it was full, there was a good bit inside.
Re-examined. Salmon came two days after Glover was in custody and
took away the hatbox and bag from Glover's room; it was this bag which has been identified by Captain Noel.
ALFRED WARD (Police Sergeant L). After Glover was in custody Salmon came to the House of Detention—I and Sergeant Martle followed him when he left, to 39, Lomard Street, where we went into a back parlour, and there saw him in the act of taking hold of this black Glad-stone bag, as if about to walk out with it—I asked him "How do you account for your presence here?"—he hesitated and did not reply for a moment—the landlady, Mrs. Kartell, came in—I asked her if she knew this man—she said "Yes, he is a man that came with another man named Thomas, and took this room on 8th December last; they continued living there, paying 5s. a week; Salmon left after a time, and up to that date he used to visit Glover there, who lived there as Thomas."—she also stated that he took a brown ulster, a Gladstone bag and hat case on Saturday, stating he had a note authorising him to do so from his friend Thomas—he did not acquaint her where he was at the time—after that Salmon took us to his lodging at 136, Fonthill Road, Finsbury Park—on the way there I asked him "Have you got any other property at your place?"—he said "No more whatever, the only property I have is the bag and hat case I took on Saturday"—I went to Fonthill Road—he took me into his rooms and pointed out the bag and hat case which he said he had taken away on Saturday. (The hat case was that identified by Captain Noel; the bag was not identified)—I then searched the room with Sergeant Martle—we found a quantity of property, and five Gladstone bags under the bed—on finding them I said "Halloa, Salmon, how do you account for these?"—he said "You have got me now, I thought this man was a respectable man, I understood him to be an American journalist"—I understood him to be referring to Glover alias Thomas—I then took took him into custody to the station, and then went back with Martell to Fonthill Road and to Lomard Street—I found the property which has been identified by Captain Noel in the room occupied by Salmon, some in the drawers, and a portion in one of the bags—I also found there the things identified by Major Odie—there was a red book and a paint box identified by Mr. Odie found in the bag he was about to remove from Glover's lodgings in Lomard Street—the things identified by Mr. Scaris-brick were found partly at Fonthill Road and partly at Lomard Street—Martle also found at Fonthill Road some articles which have been identified by Mr. Macfie, who is present.
Cross-examined. All the bags were found under the bed—there were six at your lodgings, five and one which you said Glover had authorised you to take on Saturday—one was a small one.
HILARY MARTLE (Police Sergeant L). I went with Ward and searched Salmon's lodgings at Fonthill Road and found some articles which have been identified by Mr. McFie, a hat, slippers, and smoking cap, and four boots, and four bottles at Glover's house—when I found the hat-box I asked Salmon how it came into his possession—he said "I have had this for three years, I bought it in Petticoat Lane and I have had it in my possession ever since"—I also found in the drawer in Fonthill Road 16 pawnbrokers' duplicates, one relates to fishing tackle and has been identified by Major Odie.
Cross-examined. None of the others at present have been found to relate to stolen property—one will be to-morrow, I believe, as a person
is coming up—they are all very good articles, rather better, I think than you could purchase for your own use.
WILLIAM MACFIE . I live at Southport, Lancashire—on 11th June I arrived at Euston at 10.45—I had a dressing-bag with me which the porter put in a railway-carriage for me—I went across the platform and got a newspaper, and when I returned my bag was gone—this is it (produced)—these are some of the contents which were found by the police, a hat, slippers, smoking cap, and boots.
ZACHARIAH MOSS . I carry on business in Praed Street as clothier and general dealer—I bought this bag, I would not be certain if from the prisoner or not; if it was him he had no whiskers on his face then, he has the same appearance—I bought it on the same day as the Eton and Harrow match at Lord's.
CHARLES LIGHTFOOT . I am assistant to Mr. Charwood, pawnbroker, St. John's Street Road—I produce some fishing-tackle pawned with me on 23rd June by the prisoner to the best of my belief—this is the ticket I gave (This was the ticket found at Salmon's lodgings).
Cross-examined. I could not swear you were the person who pawned it, but to the best of my belief you are the man.
The prisoner Salmon in his defence stated he had lodged with Glover, but left him and met him five weeks afterwards, when Glover said he was buying up second-hand clothing and other articles, and asked him, as he was out of work at the time, to sell them for him on a percentage, and that he did so, never knowing that they were stolen, and that he had given the police all the assistance he could.
GUILTY of receiving.
He then PLEADED GUILTY* to a conviction of felony at Clerkenwell in October, 1883, in the name of Arthur McDonald.
GLOVER PLEADED GUILTY* to a conviction of felony at this Court in March, 1880, in the name of Daniel Murray.— Ten Years' Penal Servitude each.
GUILTY .— Twelve Months' Hard Labour.
831. EDWARD HILL (36) to burglary in the dwelling-house of Elizabeth Forman, and stealing a jacket and other articles, her property; and other articles of other persons in the same house.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
(The prisoner being a foreigner, the evidence was interpreted to him.)
refreshment room—after a very short absence I missed my bag and my coat too—there was a large quantity of silver plate in the bag, amongst thers, two silver spoons, a silver soup ladle, and a silver skewer, and six tablespoons—these are the spoons, skewer, and ladle; they are marked with my crest.
FRANK ALDOUS . I carry on business as a pawnbroker, at 67, Bruns-wick Street, Oxford Street—on 30th June the prisoner came to my shop and offered in pledge this salver marked with a crest—I asked him if it was his own property; he said "Yes"—I spoke in English; he seemed to understand me perfectly—he asked for an advance of 15s. on it, which I lent him—I gave him this pawn-ticket.
Cross-examined by the Prisoner. I did not see another man with you, you were by yourself.
ARTHUR HOWARD . I am assistant to Mr. Charles Cox, pawnbroker, 79, Wardour Street—un 30th June the prisoner came to my shop and asked me to lend him 30s. on two gravy-spoons—he spoke in English—I asked him who they belonged to—he said "To me"—I asked him what he wa »—he said "A cook"—I asked him if they belonged to him, and if it was his right name and address—he had given me a card with the name and address of a linendraper at Kinghtsbridge, and at the back is "Paul, Windmill Street, Soho"—he said the name and address in pencil at the back was his own—I sent for the police and went round the counter to where the prisoner was standing, and I then saw the soup-ladle on the floor, wrapped in oilskin—I asked him if it belonged to him; he said "Yes, I picked it up and carried it into the front of the shop"—nothing was said about the things having been bought at a sale—a constable took him away.
Cross-examined. I would not have let you go before the policeman came—I did not keep you there a long time before one came.
HENRY JENKINS . I was called about a quarter to 3 o'clock on 30th June, to Mr. Cox's shop, where the assistant gave the prisoner into my custody, saying in his presence "Are these spoons yours?"—the prisoner said "Yes, I bought them at a sale about two months ago"—I said "Where do you live?"—he handed me this card and said that was his name and address on the back—afterwards he said in the shop that he had the spoons given to him in Old Compton Street by a man that he did not know—I told him I should take him to the station—he made no reply—on the way to the station he dropped a pawn-ticket relating to a silver skewer.
Cross-examined. I am quite sure you said you bought the spoons—you did not say the name and address on the card was the name and address of the man who had given you these things.
By the COURT. I am sure he said Old Compton Street, nothing about Windmill Street—he spoke pretty good English to me.
The prisoner in his defence stated that he was innocent of knowing the spoons were stolen, and that they had been given to him by a man in Compton Street.
GUILTY of receiving.
He then PLEADED GUILTY to a conviction of felony in October, 1882. (This conviction was also of stealing from railway stations.)— Five Years' Penal Servitude.
The RECORDER considered great credit was due to the pawnbroker.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
WILLIAM RIDEAL . I am a wine merchant, of 117, Union Street, Borough—on 30th May I was going through the Mint at a quarter to 1 o'clock in the middle of the day—some one pulled me down—my chain was broken, and my watch, worth 30l., taken—I saw the two prisoners run away; my arm was broken—one of the men I saw run away was convicted and sentenced by the Common Serjeant—I cannot identify this man because it was done so suddenly.
GEORGE BRIDGEN (Police Sergeant M 25). I am inspector of lodging-houses—on 30th May I was on duty in the Mint, in uniform—I was coming from Red Cross Street into the Mint, and heard a cry, and on looking round saw the prisoner and two others—the other prisoner, Buchanan, was convicted last session—the prisoner was in the act of taking something from Mr. Rideal's left-hand pocket—Mr. Rideal was in the act of falling—Buchanan was behind him pushing the third man—I was not able to see him till he ran—the prisoners ran round into King Street—I lost sight of the prisoner, whom I had known before by sight—I am quite sure he is the man I saw, it was in broad daylight.
ABRAHAM SURREY (Policeman M 300). At 10 minutes to 1 o'clock on the morning of 28th June I was on duty in the Borough Road—I saw the prisoner there, and in consequence of having heard of the robbery and receiving a description, I took him into custody—I told him I should take him into custody on a charge of being concerned with one James Buchanan—the prisoner said "I know nothing about it; they think I am in this, but I am right out of it"—I did not say when it had happened—he said "They think they know a lot, but they know nothing"—I found on him two paragraphs cut from a newspaper; they were reports of the case against Buchanan at the police-court and Old Bailey.
Witnesses for the Defence.
MARY ANN FINN . I am the prisoner's mother, and live at 18, Little Surrey Street, Blackfriars Road—he lived at a lodging with me, and worked with me—on 30th May he was with me from half-past 9 in the morning till 10 minutes past 6 at night—we went over Waterloo Bridge and Covent Garden—I am a street cane-chair worker, and he works with me—I was with him all day, and after we returned home we heard of this robbery.
Cross-examined. No one else was with us except Ellen Smith, who we met in Villiers Street selling her flowers, and we went into a public-house and had a glass of beer—I did not say when before the Magistrate anything about Villiers Street before Smith was examined, nor about her being at the Griffin—she did not say it was the Britannia—I heard her examined—25, Mint Street is close by where we were living—the landlord told me of this when I got indoors.
ELLEN SMITH . I live at 14, Tabard Street, Borough, and am a street flower seller—I saw Mrs. Finn at half-past 12 on 30th May in Villiers Street—we had some beer together in the Griffin or Britannia, I could not tell which—the prisoner was with her—we were with him till 3 o'clock or a little after.
Cross-examined. Mrs. Read is the landlady of 14, Tabard Street, Kent Street, Borough—I am a widow, and live alone—I have known the
prisoner several years; I am not a friend of his; I was born in the same place—I have frequently seen him coming down my street, and round the Haymarket and Leicester Square; I am not constantly with him—my married name is Ellen Smith, my name is not Ellen Hepherson; I do not know that name, and have not gone by it to my recollection—I believe I have gone by that name, I have been convicted in it for not showing my licence for flower-selling—I don't think there was a more serious matter in April last year—I did not have 21 days in April last at the Middlesex Sessions in the name of Ellen Hepherson for stealing a purse; I do not think I was sentenced to 12 months' imprisonment for that; I was in Manchester—I never went by the name of Ellen Raynor—I do not know Daniel Bay—I have never been convicted for stealing nor for being connected with coining matters.
Witness in Reply.
SARAH DONALDSON . I am a warder in the Millbank Prison—I know the last witness, Ellen Hepherson; she was in my custody from 9th April last from Middlesex Sessions for 12 months for stealing a purse—the 21 days she spoke of was for an assault at Southwark Police-court.
GUILTY .— Eighteen Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
834. FRANK JOHNSON (23) PLEADED GUILTY to burglary in the dwelling-house of John Wickham, and stealing therein two coats and other articles; also to having been convicted of felony in 1880 at the Middlesex Sessions.— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
BUDD PLEADED GUILTY .
MR. POLAND Prosecuted; MR. BURNIE Defended.
FRANCIS BOSWELL (Police Sergeant L). On 21st June, about 1.30 a.m., I was with Ward and Gray in the Waterloo Road, and saw the male prisoner; I watched him; he changed something from one pocket to the other; I seized him—he was searched, and I saw three packets found upon him; one contained 10 half-crowns, the other six shillings, and the third two sovereigns; they were all wrapped up separately in paper—he gave an address, in consequence of which I went to 50, Hornby Road, Peckham, about 3 a.m.—the prisoner Nellie was in the first floor front room—Sergeant Ward asked if her name was Mrs. Rudd; I did not hear her answer—we told her that Budd was in custody for passing counterfeit coin—she said that he was not her husband, but she had lived with him some time, and the things in the room were her property—Ward searched the place while I watched her—I saw him find a packet; he opened it and said, "These are half-crowns, and they are bad"—they were wrapped in paper which was in the centre of a petticoat, which she said was hers, but she knew nothing about the money—she was taken in custody.
ALFRED WARD (Policeman L). I had been watching the male prisoner for wine three weeks—I saw him stopped and searched and some packets taken from him, one of which contained six half-crowns—I afterwards went to their room and told the female prisoner that we were police officers, and her husband was in custody at Kennington Road for the
possession of a quantity of counterfeit coin—she said, "He is not my husband, we have been living together four or five years"—I said "Do these things in this room belong to you, everything in the room and also in the cupboards?"—she said "Yes, everything in the place belongs to me"—I went to cupboard fastened with a button, and found a packet wrapped in an old flannel petticoat—I said, "Halloa, how do you account for this?" without announcing what the packet contained—she said "I know nothing at all about the money, I don't know what he has been doing, the petticoat is mine"—the packet contained 22 half-crowns separately wrapped in paper—she said she knew nothing about them—she was taken to the station.
SOPHIA PHILLIPS . I am the wife of John Phillips, of 58, Hornby Road, Camberwell—the prisoners have lived with us three years—they occupied a room on the first floor as Mr. and Mrs. Rudd—I showed the officers their room.
WILLIAM WEBSTER . These are 18 counterfeit half-crowns of 1819, 1845, and 1848, found upon Rudd, and two bad sovereigns—these six shillings are counterfeit, and from different moulds—there were found in the room 22 counterfeit half-crowns, and 19 of 1845, 1846, and 1848—those of 1845 and 1848 are from one mould, and from the same mould as those found on Rudd.
GALE— NOT GUILTY .
RUDD— Two Year's Hard Labour.
MR. POLAND Prosecuted.
ELIZABETH FITTER . I am a widow, and live at 85, Jamaica road, Bermondsey; I am a corn dealer—on Saturday, 28th June, about 12.30, the prisoner came in for half a pint of grey peas, price 3/4 d.—I had none, and he said he would take white ones—he gave me a florin; I found it was bad, and said, "I shall call a constable"—he said, "I did not know it was bad, I got it in change for a half-sovereign on Wednesday at the Prince Alfred, Lambeth Walk"—I gave him in custody with the florin; he was taken to Southwark Police-court, remanded, and discharged.
ROBERT SANSON (Policeman N 200). Mrs. Fitter called me and gave the prisoner into my custody with this bad florin—I found on him three sixpences and 4d.—he gave his name George Davis, and said he had no fixed abode—he was remanded, and discharged on 2nd July.
SARAH PENTON . I am the wife of Stephen Penton, a baker, of 4, Lupus Street—on 8th July my assistant brought me a shilling; I looked at it and said to the prisoner, who was in the shop, "Where did you get this shilling? I don't like the look of it"—he said, "I think it is all right"—I gave him in custody with the shilling.
JOHN BURRELL (Policeman B 237). Mrs. Penton gave the prisoner into my custody—I asked him how he came by the shilling—he said, "A gentleman gave it to me in Chelsea for carrying a portmanteau"—I asked if he had any more money—he said "No"—nothing was found on him—he gave his name Thomas Lee, and said that he had no home—he was
taken before the Magistrate at Rochester Road, remanded till 14th July, and that being the only case against him he was discharged.
MARY KING . My husband keeps a dairy at Dawson's Terrace, Wandsworth—on 15th July I saw the prisoner in the shop, and my little girl brought me a florin—I bent it and told him it was bad—he said he did not think so—I gave it back to him and he tried it with his teeth; he said he would take it back where he got it, and took it away with him—he was brought back about half an hour afterwards by Phelps—I am quite sure he is the man—Phelps showed me a florin, which appeared to be the same; it was not bent quite so much, but he might have straightened it—this (produced) looks like it, but I bent it nearly double.
Cross-examined by the Prisoner. I bent it twice, I am quite positive of that.
MINNIE SUTTON . My husband keeps a provision shop at 272, York Road, Lambeth, about a quarter of a mile from Dawson's Terrace—on July 15th, about 4.30 p.m., the prisoner came in for an egg and gave me a florin—I gave him change, I think it was a shilling, sixpence, and fourpence—I bit the the florin and said "I think' this is bad"—he said that he did not know it, he was very sorry and had no more money to pay for the egg—I said "You will give me the change back," and he did so—I sent my little girl Josephine to have it tried—she brought it back and said that it was not good—the prisoner was waiting—he said he was very sorry and that he got it in change for a half-sovereign, he did not say where; it was not bent when he gave it to me, but it was bent when my daughter brought it back—he was given in custody with the florin—it was in this state when he tendered it to me.
JOSEPHINE MABEL SUTTON . My mother gave me a florin—I took it to the Prince of Wales and showed it to some one there—I did not lose tight of it—he gave it to a man, who went back with me, and it was given to my mother.
ROBERT PHELPS (Policeman B 443). On 15th July, about 3.45, I was called, and Mrs. Sutton gave the prisoner into my custody with a bad florin—he said he was very sorry it was bad, it was all he had, he got it in change for a half-sovereign, and that was all he had left—I asked him where he changed it—he said that he could not remember—I took him to Mrs. King, who identified him—he said at the station that he did not know the way to Mrs. King's, he had never been there—the distance is a little over half a mile—when he got close there he still said that he had never been there before—I found no money on him,—he gave his name William James Johnson, of no fixed abode.
Prisoner's Defence. I am not guilty of knowing the money was bad—I got one in change for a half-sovereign and another I received from a gentleman at Brompton Road Station—there is a lot of bad money going about, and it gets into everybody's hands.
GUILTY .— Eighteen Months' Imprisonment.
MR. RAVEN Prosecuted.
WALTER PHELP (Policeman X 21). On 19th July I was living at Springfield House, Wands worth Road, taking care of it for Mr. Percy Gye, and about 5.40 a.m. I was in bed and heard glass break in the adjoining room—I got up and saw a door open leading into the adjoining bedroom—there is a window there—I dropped on the floor and saw the prisoner looking out at the window—he stopped there about a minute and turned round and walked round the room—I went to the door, pulled back the bolt, and it rattled—he rushed back into the room he first came from—finding the door closed I went to the back of the house and saw him coming out at the window leading on to the lawn—as soon as he dropped to the ground I knocked him down, and then took him into the house while I dressed myself—he looked round, and seeing my uniform hanging up he said "I beg your pardon, Sir, I was hard up; I would not have come here if I knew there had been a policeman here"—I found a window broken leading to the store-room; the catch was turned, and it was open—I had locked the house up about 11 o'clock and fastened that window with two bolts and the catch in the middle—two guns had been taken off a shelf and placed under the window—it was daylight.
Cross-examined by the Prisoner. I do not say that you broke the window, you were in the servants' hall adjoining the bedroom when I first saw you—I crept along the floor to get at you before you got away, I had nothing on but my nightshirt—I put you in a corner of the room while I was dressing.
THOMAS WORTH (Police Inspector W). I received the prisoner when he was brought to the station about 6 o'clock a.m.—he said "I got in at the fanlight; give me a chance, inspector, make it housebreaking instead of burglary"—I examined the premises and found a window on the ground-floor broken so that a hand could be put in and the bolts drawn back.
Prisoner's Defence. I did not enter the premises with a criminal intention, but only to get a lodging, because I had walked from Bristol and had parted with all I had got. I believed the house was empty. I slept in a cupboard about seven feet by eight for 8 1/2 hours. I broke nothing in entering, the window fell back against two water-pipes. When I woke up I went into the next room, picked up one of the guns, looked along the barrel, and replaced it. I went into the passage and saw two coate hanging up, and finding the house inhabited I got away as quick as I could. I had my hand on the sash and it slipped and broke the window. It is very hard to be convicted of a crime which I did not intend to commit.
GUILTY .— Nine Months' Imprisonment.
MR. GRIFFITHS Prosecuted.
NATHAN WARD . I live at 5, Price's Buildings, Borough—on 15th July, about 4.25, I was in High Street, Borough, wearing a watch with a chain in my upper waistcoat pocket, protected by a guard—I did not see the prisoner till he struck me in the chest with his doubled fist—we had half a turn, and he shoved me against a four-wheeled vehicle, anatched the chain and broke it—I had a steel chain and a silver chain—I don't think he got any part of the chain which broke, for I picked up a piece on the pavement, and one piece was hanging to my watch, and the third piece to my waistcoat—I pointed him out to a constable, who he threw on the pavement in half a minute—two constables came, and they got him to the station—I felt the blow for some time—he did not run away, he only went across the pavement in a lazy sort of a walk.
Cross-examined by the Prisoner. I believe you were drunk—I thought you were a foreigner and did not know what you were about—I was not in your company.
Re-examined. My coat was open, he could see the chain—if he had not tried to get it he would not have broke it.
THOMAS BEAN (Policeman M 208). On 15th July, about 4.30, Ward pointed out the prisoner to me, and charged him with stealing his watch chain and attempting to steal his watch, and with assault—he said nothing—another constable came up and the prisoner threw him on his back as soon as he got hold of him—Ward had two pieces of his chain on and the centre piece was in his hand—the prisoner said he had got some very good characters, but he had been led into bad company—a third constable came up and he threw him down and damaged his uniform.
Cross-examined. You had been drinking but you, were not drunk, you knew what you were about.
ROBERT FIDDIMAN (Policeman M 184), I went up to the prisoner and took him in custody; he threw me violently on my back, but said nothing—another constable came up and he threw him on his back and tore his trousers across the knee—he was very violent all the way to the station—he had been drinking, but he knew what he was about.
Prisoner's Defence. I stayed in the same place while they got a con stable. If my intention was to rob that man I should have run away.
GUILTY of assault with intent to rob.
He then PLEADED GUILTY to a conviction at Southwark in February, 1884, of stealing pork.—Fifteen Months' Hard Labour.
MR. BAYLISS Prosecuted.
WILLIAM WASHINGTON . I am a bricklayer, of 8, Victoria Chambers, New Cut—on 29th June, about midnight, I was in Southwark Bridge Road—I was perfectly sober—I met the prisoner and another man—they let me get a little way past them and then the prisoner suddenly seized me by the arm and throat from behind, while the other men rifled my trousers pockets—I had nothing there, but I had 10l. 6d. in my watch pocket, which was left untouched—I had no waistcoat on—I called "Police," and they ran down the street—I lost sight of them—a constable brought the prisoner back in three or four minutes, and I said.
"He has attempted to rob me and has pretty near choked me"—he said nothing.
By the COURT. The prisoner seized me by the arm and also by the throat with his right hand from behind.
Cross-examined by the Prisoner. I was not intoxicated—I had had a little drop to drink—I did not say that I had got a half-sovereign in my pocket, and had lost a half-sovereign—I never said that I had 10s. 4 1/2 d. out of a sovereign—I felt your fingers on my throat—I did not go to a doctor—I saw your face perfectly well.
WILLIAM CLEMENTS (Policeman M 114). On 29th June, about 1.15 a.m., I heard shouts of "Police," and saw the prisoner and another man running down Belvedere Road towards me; I dropped back, and as the prisoner came to the corner I stopped him and said "Halloa, stop a minute"—he said "All right"—they were running side by side, but the other man was on the opposite side of the road—he was shorter—I took the prisoner back to Washington, who said "That is the man who assaulted me, the other man turned my pockets inside out"—his pockets were turned inside out—the prisoner said "This is what I have got for running after the man"—I do not think he was running after the other man—I think Washington was a little the worse for drink, but he seemed to know what he was doing—the prisoner was sober.
Cross-examined. I do not think you were running after the other man, because you were side by side and you could easily have caught him if you had wished—he was on the footpath and you were in the road.
Re-examined. There were two or three other persons about—a gentleman pulled up in a cab and said "I am glad you have caught the scoundrel," and he said he would go to the station—I only saw two men running.
Prisoner's Defence. I saw a man leave the prosecutor, who shouted "Police" and "Murder." I ran to catch him and the policeman stopped me.
He then PLEADED GUILTY*† to a conviction of felony at Southwark in September, 1883.— Eighteen Months' Imprisonment.
841. FRANCIS WILLIAM ADAMS (24), EBENEZER FREDERICK COBLEY (23), JAMES REIGATE (27), and WALTER ARMSTRONG (46) , Feloniously forging and uttering an order for the payment of 2l., with intent to defraud, to which
ADAMS PLEADED GUILTY .
MR. MEAD Prosecuted; MR. PURCELL defended Cobley, and MR. WARBURTON defended Armstrong.
JOHN EDMUND PARISH . I am a bootmaker, of 174, Kennington Park Road—on 11th July, about 1.15, Adams came in and selected a pair of boots, price 9s. 6d., and asked me to send the boots to J. Reigate, 24, Hargwynne Street, Stockwell—he gave me this open cheque (For 2l.), and I gave him 1l. 10s. 6d. change—before sending the boots I sent the cheque to the bank, and it was returned marked "Signature differs—I then sent Dawson with the boots; he returned and made a statement to me—I next saw Adams in custody.
—I brought them back and told Mr. Adams what had occurred—about 7.45 the same evening Adams called—I spoke to him, and went out with him—he spoke to Cobley, who was outside—they shook hands, and Adams said "Here is a nice mess I have got into"—Cobley said "What is it?"—Adams said "You know I wanted to buy a pair of baits?" that means boots—Cobley said "Yes, what of it?"—Adams said "You know I have been doing some work for Mr. Statham?"—Cobley said "Yes"—Adams said "Well, he paid me a cheque for 2l. because he had not the cash"—Cobley said "Well, what of that?"—Adams said "Well, I gave it to this man's governor, and he has presented it at the bank; he tells me that it is a forgery; this man wants me to wait to see his employer; you know I can't do that, as I have got an engagement at the theatre"—he said to me "I only wish I had the money to give you; I will tear the cheque up"—Cobley said tome, "You can't do anything to him, you must find the drawer"—I said "I don't want to do anything to him, I only want our 1l. 10s. 6d. back"—Adams said that he would not wait to see my employer—I said "I don't want you to wait to see my employer, if you like to go to your house at Brixton I will pay the cab fare"—he said "I cannot waste my time; I can't do it, as I have to be at Astley's by 9 o'clock to work the limelight"—he said to Cobley "Come on, old man, come with me"—we went as far as the Horns and took the tram to Westminster—we arrived at Sanger's; Adams went in and Cobley was left with me outside—Adams said that his wife was at Astley's—I said that I did not want to know anything about his wife, I wanted him to go back with me, and gave him in custody.
Cross-examined by MR. PURCELL. Cobley was a stranger to me—when we went out we met him about a dozen yards from the shop—he stepped across, the road from Kennington Park—I took off my apron and put on my coat before I went out with Adams—while I was speaking to the policeman, Cobley advised Adams to go with me, but the policeman took him.
GEORGE BURTON (Policeman L 131). Adams was given into my custody near Sanger's, on the night of the 11th—Cobley was present, and said 14 You can't lock him up for it after I had taken him—on Monday, the 14th, I was with Jupe in Loughborough Road, and saw Cobley and Adams's father together—Cobley went to Armstrong's house, and returned and spoke to Adams and Reigato, and shortly afterwards Reigate went to Armstrong's house and came back, and they all three went into the Loughborough Arms, and Cobley and Adams went into the Brixton, Road and looked into a public-house—they returned to Reigate at the loughborough Arms, and stopped outside about half an hour—I took Brigate, and said "You will be charged with being concerned with Adams muttering a forged cheque"—he said "All right, I shall state what I have to say by-and-bye"—I took him to Kennington Lane Police-station, and said "You will be further charged with attempting to utter a 2l. cheque with Mr. Poole, landlord of the Southampton Arms, Southampton Street, Camberwell"—he said "Yes, I have been made a dupe of by others. I am innocent"—he pointed to Cobley and said "This man has brought me into this"—he said that three times—when my depositions were read over at the police-court, Reigate said "I admit that I did try to cash it."
Cross-examined by MR. PURCELL. I only asked Adams two questions in
the waiting-room at the police-court—I did not take down his answers—no one was present but two or three persons who were not interested in it—I had not then seen his father.
Cross-examined by MR. WARBURTON. I was one of the party who arrested Armstrong on the 16th, four days after the first examination—Adams's father was with him—we were watching Armstrong's house, and Mr. Adams remained there for an hour—I had made no appointment with Adams's father.
Re-examined. When Reigate turned to Cobley and said three times, "This man has brought me into this," Cobley was within a few yards of him.
JAMES TAYLOR (Police Inspector L). On Monday evening, 14th July, I was at the station when Cobley was brought there, and when I told Reigate what he would be charged with he nodded his head to Cobley, who was three or four yards off, and said, "I have been made a dupe of, and it is through him"—I am almost certain Cobley did not hear it, for he was being searched at the time.
WILLIAM ADAMS . I live at 26, Hargwynne Street, Stock well—Adams is my son; he lived with me at home till he was taken in custody—Cobley used to go with him very often—on Saturday, 12th July, about 12.30 in the day, Cobley called on me and asked if I knew about Frank, that is my son—I said, "No, what is the matter with him, has he met with an accident?"—he said, "No, it is worse than that, he got locked up for passing a false cheque"—I said, "Where did he get it from?"—he said, "I don't know"—I said, "Were you with him?"—he said "Yes"—I asked him if he knew where my son got the cheque from—he said "No"—I went to the station and had some conversation with my son—on Sunday, 13th July, I went to see Cobley at his house, and said, "I have been down to see my son"—he said, "Well, what about it?"—I said, "My son tells me you know where he got the cheques from, and he says that you had part of the money; it is a nice thing you have brought my son into, such disgrace as this"—he said, "Well, if he says so, we can't help it now"—I said, "My son told me the cheques came out of Armstrong's Bank"—he said, "Oh, yes, there have been several cheques out of his bank"—I told Cobley my son said that he had had part of the money—he said, "Yes, I have"—Cobley said at the police-court, Kennington, that he had had 10s.—I suggested that Cobley should go and see Mr. Parish—he said, "Yes, it will be ihe best way to see if we cannot settle it"—he did not say whether he had the money or not—I made an appointment at the White Horse public-house for Monday at 8 o'clock for him to go to Armstrong's to see what they could do in the matter—I kept the appointment and met Cobley, who introduced Reigate to me—I said to Reigate, "You are mixed up in this affair, are you?"—he said, "Yes, unfortunately, they dragged me into it"—I said, "Have you seen Armstrong?"—he said, "No, he is not at home"—I said, "We shall go"—he said, "Yes, you had better go, perhaps"—I went in, and he was not at home—we went across to the public-house opposite, and waited to see if he came in—ultimately Cobley and Reigate were taken in custody—Armstrong called at my house on the Saturday evening; I had never seen him before; he gave me this envelope with his name and address on it, and asked for my son—on the Monday night I went to see him, but he was not at him,—I saw him on
the Wednesday, and he said that he knew nothing about the cheque—I said, "Cobley has told me you have been distributing these cheques; there have been several cheques out of your book"—he said that he had not bad a book from 1880 or 1881 to take cheques from, and he had nothing whatever to do with it—I got up to go out, and he said, "I will walk a little way with you"—I said, "Very well"—Cobley had asked me to go to Mrs. Cobley and tell her what had occurred, and I went there.
Cross-examined by MR. PURCELL. My son was taken on Friday night, sad I saw him on Saturday at Kennington—I went and saw Cobley on Sunday evening—he did not tell me how much of the money he had—he said, "Yes, there have been several come out of his book"—he did not say that Armstrong had been distributing them—on the Monday evening, about 7 p.m., Constable Burton came to my house and had a conversation with me, and I went out and met the three prisoners—when I went to Cobley on Sunday I did not understand whether he said that my son owed him money or whether he owed my son money, but 13s. was the amount; I don't believe my son owed him a farthing—Cobley may have said, "Why, your son owes me some money," I am not quite certain about that—he was distinctly told that he had had part of the proceeds, and he said, "Yee, I have."
Crow-examined by Reigate. I had never seen you or heard your name till you were introduced to me—you said that you had been dragged into it, you did not say who by—you said that you did not know my son's name till after he was arrested—you said that you had never seen Armstrong in your life.
Cross-examined by MR. WARBURTON. My son has been in two or three different employments—he was with Mr. Humphreys, of Knightebridge—I went to see Armstrong twice on Monday evening, and on Tuesday and Wednesday evening—he called first on me, and left his card and address, but I was not at home—I did not tell Armstrong at first that my son was already arrested, though I knew it, but I told him when I saw him at his house, and I told Mrs. Armstrong on the Monday evening—the words used by Cobley were that the cheques had come out of Armstrong's book, but he said nothing about distributing them.
Re-examined. I am clear that Cobley said that he had had part of the money.
HENRY JUPE (Detective L). I was with Burton on the 14th when Cpbley and Reigate were taken in Loughborough Road—I saw Cobley go to Armstrong's, and afterwards I saw Mr. Adams and Reigate go in at different times—I then saw Cobley go to Armstrong's house, 60, Loughborough Road, and afterwards they all three went into the Loughborough Hotel, and shortly afterwards I went in and heard Adams say to Cobley and Reigate, "Armstrong is not at home, and they don't know when he will be"—Cobley said, "Hush, you will have the people hear what you are saying"—I was close to them in the same bar—Mr. Adams and Cobley went out, leaving Reigate there, and they both went to the White Horse in the Brixton Road—I took Reigate and Cobley in custody at the White Horse—Cobley said, "All right; I will go with you"—when charged at the station he made no reply—Reigate said, "I have been dragged into this"—I took Armstrong on the 16th—he was with Mr. Adams—I charged him with being concerned with Cobley, Adams, and
Reigate with knowingly uttering a cheque for 2l. on Mr. Parish, and with uttering a cheque for 73l. on the London and Westminster Bank about three weeks since"—he said, "Very well, I should like to see those cheques"—I said, "They are out of a cheque-book which was issued to you by the London and Westminster Bank"—he said, "You had better search my house to see if you can find it"—I searched lug his house, but found no cheque-book.
Cross-examined by MR. PURCELL. I took Cobley on Monday evening—Burton was with me all the day—I was not in the charge-room when Adams made a statement to Burton—Adams was not there on Monday—I had not seen Burton on the Saturday—I had nothing to do with the matter till the Monday—I went with him to son Adams's son on Monday, and to make inquiries.
Cross-examined by Reigate. I think you said at the police-court that you did not know Armstrong and had never soon him.
Cross-examined by MR. WARBURTON. Armstrong did not say "You will search the house, of course?"—he said "You had better search my house and see if you can find it"—I searched thoroughly, but never found it—I did not ask him when he had a cheque-book last.
HENRY STATHAM . I am a carman, of 8, Sparrow Corner, Minories, and am a customer of the London and Westminster Bank, Whitechapel Branch—this cheque is not signed by me or by my authority—Armstrong lived near me three or four years ago—I only had one transaction with him; I paid him by cheque—I do not know any of the other prisoners—I did not sign a cheque for 73l. on or about 23rd June—if such a cheque in my name was tendered, it was without my authority.
Cross-examined by MR. WARBURTON. Armstrong lived next door to me not so long as four years—I paid him the cheque about the time he was leaving—I said at the police-court that I was not sure whether it was in cash or by cheque, and Armstrong volunteered the information that it was by cheque.
WALTER DREW . I am a cashier at the London and Westminster Bank, Eastern Branch—this cheque was presented there—I marked it "Signature differs," and returned it to the bearet—I put these two dashes to emphasise it—Armstrong was formerly a customer, and on 3rd July, 1880, a book of forms was issued to him of numbers 551601 to 555650, and this cheque is 555646—his account was closed at the end of August, 1880, and no balance was left.
FRANCIS WILLIAM ADAMS (The Prisoner). I have pleaded guilty to this indictment—I have known Cobley between two and there years—he introduced me to Armstrong about two months ago, and I went with him and Cobley on several occasions—Armstrong proposed that if we could get 20l. each he and I should go to Brisbane, and afterwards he said that lie had some old cheques by him which he had when in business for himself; and a day or two afterwards he said that he knew several gentlemen who had an account at the same bank, and among them was Mr. Statham, and he used to practise making Mr. Statham's signature in my presence—we were afterwards out together, and went into a public-house in Kennington Park, where he asked me if I would go to the bank with a cheque if he wrote one out—he then wrote a cheque; he did not say what bank, but "London and Westminster Bank, Whitechapel Road," was on it—it was for 73l., and was signed "Henry Statham"—
I went to the bank and it was marked "Signature differs"—he said that if they asked me any question I was to say I was a builder, and had been doing work for Mr. Statham, and the cheque was paid me as wages—Armstrong stopped in a public-house opposite till I came out—I did not return the cheque to him—he said that he knew how the mistake was made, he put "Henry Statham" instead of "H. Statham"—I destroyed the cheque because he said that it must be destroyed immediately—on 10th July I received a letter from Cobley; I knew his writing; I have not got it, it has been mislaid—in consequence of that I went three weeks ago last night to the White Horse public-house, Brixton Road; that was the day before I went to Mr. Parish's shop—I saw Cobley there, who introduced me to Reigate, who I had never seen before—almost the first thing Cobley said was, "Have you any money?"—I said "No"—he said, "I think I know how we can get some this evening; have you one of those cheques in your pocket?"—I said "Yes"—ho said, "A friend of mine here, Reigate, will cash one; we have been trying all day to cash it, but cannot, because I have crossed it," and he pulled one out of his pocket which he had made out—we then went to a public-house, and I wrote this cheque out—I got it and another from Armstrong seven weeks ago—I wrote it all except what is on the back—Cobley and Reigate were present, and I wrote it at Cobley's direction—he said, "You had better make it out the same as this one, don't make it more"—that was one for 2l. which he had in his hand, which had been crossed—I do not know whether my name was mentioned when I was introduced to Reigate, but I was not called Mr. Statham—I wrote the signature of Statham—Cobley generally called me Frank—after the cheque was filled up it was given to Reigate—it was not endorsed—we then all went to the Bricklayers' Arms, Camberwell, and Reigate took the cheque in to get it cashed—Cobley and I were outside, and Reigate came out and said that they could not cash it because the landlord was not in—we then went to another public-house in the same street, and when he came out he said that the landlord had been so swindled before that he would not cash any more cheques—next morning we went again to the Bricklayers' Arms, and when he came out he said that the landlord had just cashed one for a customer for 43l. and had got no more gold—Reigate then went to several houses in Walworth Road and tried to cash it, but could not—Cobley said, "Put your signature on the back, so that the writing shall not be alike," and he wrote "J. Reigate"—when I went to Mr. Parish's the first time the other prisoners were sitting on the other side of the railway—I received 30s. 6d., and we went into a public-house and all three drank, and we divided the money and had 10s. each—I did not owe Cobley money, he owed me some—I gave my right address—I went into the boot shop again—we parted in the afternoon, and made an arrangement to meet at 8 p.m.—we did so, and walked to the boot shop, and all three went inside, and on the same night I was given in custody outside Sanger's Theatre.
Cross-examined by MR. PURCELL. I am twenty-four years old—I have been employed by H. and C. Davidson and Company, of Camberwell, furnishing ironmongers, on and off for five months as carpenter—I was on weekly wages, a sort of journeyman workman—sometimes I work three or four days and sometimes only two—I was out of work about about a week before I was taken in custody—I worked before that for ten months
for Mr. Harborough, a builder of corrugated iron houses—I built a corrugated iron house for him, but he never suggested that I had been dishonest—he complained that I had received 12s. 6d. and did not hand it over—he did not discharge me for that, it was not found out till after. I was discharged—he threatened to lock me up for it—he discharged me for not carrying out my contract; I agreed to erect a roof at Peckham for 5l. but when I saw the roof, I wanted more before I commenced it, and he discharged me—before that I had worked about six years for Mr. J.C. Humphreys—I went to him young—I left him for not keeping regular time; I was four hours late, nothing else—I know Mr. Jupe by sight; I saw him at the police-court—I knew he was in the police—I did not send for him; I sent for the constable who took me in custody—the interview between me and Mr. Jupe at the House of Detention lasted an hour and a half—he took down what I said to him—this is it (produced) and this is my signature to it—I saw Armstrong practising Statham's signature more than once; he was trying to get skilful at it—I practiced it as well—it was not the expert who wrote the signature when the cheque was drawn, but me—I wrote it in a public-house which I don't know the name of—I know the street it is in, and I told June so—it is at the corner of Knatchbull Road and Florence Road—there is more than one bar—I wrote it I think on the counter—that is the only one I wrote—persons were at the counter—one of the party asked for ink, and the barman handed it to us.
Cross-examined by Reigate. I did not ask you what name I should write it out in—I think something was said about writing it in the name of Reigate, or else the cheque was in your name and I copied it—I did not say when. I gave it to you that it was as right as the Bank of England, and whoever cashed it would get the money—you said that you were well known at the Bricklayers' Arms, or else you would not try to cash a cheque—I did not know your name at the time that I know of—I think you knew as much about the cheque as I did, from the conversation—you did not say to me "Is this cheque all right?"—when you brought it out of the Bricklayers' Arms you did not give it to me, you kept it all night—I cannot say whether it was endorsed when you gave it back to me next morning—I was not making a dupe of you, but I knew very well, as Cobley did, that the cheque was wrong—you told me in the House of Detention that you did not know my name—I have said that the prosecutor told you to speak the truth at the police-court, but you did not do so—when you were introduced to me Cobley said "A friend of mine"—I don't think he mentioned my name—I had never seen you before—you said "I will take the cheque where I am well known if it is all right"—you did not try to conceal it in the least—I have not the slightest doubt you knew that it was wrong.
Cross-examined by MR. WARBURTON. I went to France to do some corrugated work for Mr. Humphreys—he never threatened to have me locked up for that transaction—he discharged me because I went out to roof a glass manufactory for him and the people turned bankrupt and he could not get his money, and turned nasty and made accusatious against me of charging too much—it was nothing dishonest—I was discharged for that, but he employed me again directly after—I did not rob Mr. Harborongh, of Newcastle, of anything—he charged me with overdrawing a contract
16l.—I was not discharged; I was in his service a long time afterwards, he discharged me for not carrying out a contract—I have never said" Armstrong, if I had that cheque-book of yours I would make a fortune"—I went with Armstrong in a cab six weeks ago through Lothbury to take a box, and also from London Bridge Station to High Holborn, and we got down and had a glass of ale, and he went on and I went home—he drinks a little, but I have only seen him tipsy once—I did not take his cheque-book out of his pocket in the cab that night or any paper—I never had any papers belonging to him—he has not been rather kind in trying to get me work—I did not go to him and say that I wanted to get work at Brisbane; he mentioned it first to Cobley—when I went to pass the forged cheque I passed myself off as Reigate—I told a falsehood to the shopman—I have played at bowls with him at Dulwich—I did not take a cheque-book out of my pocket there, but he gave Cobley two or three cheques—he did not put his coat on the ground and leave it—I did not leave the green at all—I have never said to my father that the more I could bring into this mess the better—I have not thought of getting off part of my sentence by giving evidence; I wish I had never been in it—when Cobley and I called at Armstrong's they generally said that he was out—Armstrong never accused me of taking anything.
Re-examined. I wrote this letter to the inspector from the House of Detention seeking an interview—I told Reigate that I had made a statement to the inspector, and that I thought he was duped into it the same as myself.
WALTER DREW (Re-examined). On 22nd June, 1884, Adams presented this cheque for 73l., signed "H. Statham," and I wrote across it, "Signature differs"—it is not Mr. Statham's writing, and does not resemble any writing I know.
JAMES PITT . I am barman to Mr. Poole, at the Bricklayers' Arms, Southampton Street, Camber well—I recollect Reigate tendering a cheque one morning last month; he asked me to ask Mr. Poole to cash it—I did so, and he refused—it was for a small amount—I don't know by whom it was signed.
Cross-examined by Reigate. I know you as a customer, and I have known you in the neighbourhood nearly three years, but did not know your name or where you lived.
Reigate's Defence. If I had known it was a forgery I should not have taken it to the Bricklayers' Arms, where I was well known, and where my wife goes daily for beer; and as to Adams saying that I went to a public-house, I did not do so. If I had got it changed I should have handed it to Adams, and should have been left a victim.
Cobley and Armstrong received good characters.
GUILTY . ADAMS and REIGATE— Six Months' Hard Labour each.
COBLEY— Nine Months' Hard Labour. ARMSTBONG— Eight Months' Hard Labour.
Before Mr. Justice Hawkins.
GUILTY of the attempt.— Eighteen Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. FOOKS Defended.
GUILTY .— Six Years' Penal Servitude.
MR. CUNDY Prosecuted.
GUILTY of the attempt.— Twelve Months' Hard Labour.
In the case of ANNIE JOHNSON (removed to this Court from Folke-stone, under Palmer's Act, and tried and convicted on Monday, May 19th, for feloniously taking away Elizabeth Hearnden, aged 10, judgment having been respited, she was sentenced to— Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, SEPTEMBER 15, 1884.