CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 20TH, 1884.
MINUTES OF EVIDENCE.
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CENTRAL CRIMINAL COURT,
Held on Monday, October 20th, 1884, and following days.
BEFORE the RIGHT HON. ROBERT NICHOLAS FOWLER , M.P., LORD MAYOR of the City of London; The Hon. Sir JOHN CHARLES DAY , Knt., one of the Justices of Her Majesty's High Court of Justice; WILLIAM LAWRENCE , Esq., Sir JAMES CLARKE LAWARENCE, Bart., M.P., Sir THOMAS DAKIN , Knt Q.C., M.P., THOMAS SCAMBLER OWDEN, Knt., and Sir HENRY EDMUND KNIGHT , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; Sir REGINALD HANSON , Knt., HENRY AARON ISAACS , Esq., and JOSEPH SAVORY , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
GEORGE FAUDEL PHILLIPS, Esq.,
HENRY HOMEWOOD CRAWFORD, Esq.,
FREDERICK KYNASTON METCALFE, Esq.,
CENTRAL CRIMINAL COURT.
FOWLER, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, October 20th, 1884.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
GEORGE BRODIE CLARK . I am a solicitor and joint clerk to the Brentford Justices—I was present when Robert and William Girdler were charged on 1st July, 1884, before the Justices with assault—the prisoner, Charles Hall, a police constable, was then examined as a witness—I administered the oath and took this note (produced) of his evidence—the case against the Girdlers was dismissed by the Magistrates, and subsequently a summons for perjury was granted against the prisoner—that was duly heard, and he was committed for trial.
Cross-examined. The Magistrates present were Messrs. Halkett and Mackintosh when Hall gave his evidence, Colonel Clitheroe may have been present—the Magistrates sometimes interrupted when the witness was giving evidence.
Re-examined. These are my notes of his evidence. (Read: "Charles Hall. Last night about 9.30 I was on duty in Hibernia Road, Hounslow; a woman came to me, and from what she said I went down Hibernia, Road. I saw a number of men rioting, as though fighting. When I got there and before I had a chance to ask what they were doing I received a severe blow under the chin, at the same time I received a severe kick in the ribs as I was falling. I could not swear who did it. On recovering myself I said 'If you don't stand away I will draw my truncheon.' I drew my truncheon. There were some in front and some behind. I received another blow at the back of the head, I don't know who from. William Girdler was in front of me at the time. Another man struck me gain, and the prisoner, William Girdler, struck me on the chest as I was going to strike him on the arm with the truncheon, it caught him on the head; the others ran away. Police-constable Vagg came to my assistance.
I took William Girdler to the station. On the way to the station they tried to trip mo up, Dawes tried to trip mo up.") I have prepared an official copy of the depositions.
By MR. GEOGHEGAN. In addition to Hall and Vagg's evidence there was that of four other officer, Bannister, Malins, Edward Potts, and Hyll.
By MR. POLAND. Besides William and Robert Girdier, Harmer Dawes, and Hinge were charged with attempting to rescue; some constables spoke to one part of the transaction and some to another—witnesses were called in defence and then they were all discharged.
WILLIAM GIRDLER . I am a labourer, living at 4, Albion Road, Hounslow—Monday night, 30th June, I was out of employment—I went to the Gladstone beerhouse in Hibernia Road about 5 o'clock—a few minutes to 9 o'clock my, brother Robert came in, and we were there together talking—the landlord was serving, and there were several persons there in front of the bar—I had had a little beer, but I was sober, and knew what I was about-my brother in an abstainer and was quite sober—the prisoner came in, I never remember seeing him before—he was a constable in uniform-Vagg came in with him—that was about 9 o'clock-one of the constables, I don't know which one, asked if any one was going to give him any beer—one of the men at the bar spoke and handed Hall the pot to drink—he drank and handed it to Vagg, who drank—one of the constables said "There is no beer in the pot," and then one of the constables said that they would run any one in the bar for 5s.—I heard no disagreeable words; I heard no words with Hall or with the other constable—shortly after I and my brother went out of the bar together, leaving the prisoner and the other constable in the beer-house—we went about 20 yards from the beerhouse talking together—I did not see the constables till I turned round and saw them close on me at the back—I saw no one in the road at that time, only me and my brother and the two constables—the constables came up to us—Vagg pushed against my brother—Hall pushed me and then struck me with his truncheon—my brother said "Don't push against me," or something to that effect, and then the prisoner drew his truncheon and pushed me with his left hand and struck me with his right with the truncheon, hitting me a severe blow across my temple—it knocked me to the ground insensible—I laid on the ground bleeding and faint—up to that time there had been no noting or disturbance, or anything more than I have described—I next remember being taken to the Palmerston, a public-house in the neighbourhood almost 100 yards from the Gladstone—when I came to my senses I found myself in the custody of the prisoner and was then being taken to the police-station—a charge was made against me, I was locked up—a doctor was sent for, who dressed my head, and the next morning I was taken before the Magistrates and the charge was dismissed—after that I was seven days confined to the house and 14 days under treatment; I feel the effects of the blow at this present moment—it is not true that there were a number of men rioting as though fighting—no person in that road struck the prisoner, neither a severe blow under the chin, nor on the back of his head nor was he kicked in the ribs, no violence was used to him of any kind or sort—it is untrue that I struck him on the chest and that he aimed a blow at my arm and struck me on the head—there were no other persons present to run away—Police-constable 316 did not come to
his assistance, he was there at the time; they were both at the beer-house together—there were some women at my back, not near enough to take part in the matter—I know Mr. Harris's cottage, it was just opposite his gate that I was knocked down.
Cross-examined. When we were in the public-house we and the constables were quite friendly together, and nothing more was said that I am aware of till I got a blow on the head with a truncheon—I had only gone about 20 yards from the public-house when I was struck—I know Dawes, Harmer, and Hinge—they were charged next day with trying to rescue me, I believe—they are here—it was a few minutes, or a quarter past 0 when I was struck—Hibernia Road has only a few labourers' cottages on each side—there are several gas lumps—it is about 600 yards long—I went to the public-house about 6 o'clock and was there till 9, sometimes having something to drink and sometimes having a look at the paper—I drank but very little—I could not say how much money I had in my pocket when I came out of the public-house or when I came to the police-station—I had no pals in the public-house—I had conversation with the constables there—each man paid for his own share—I oould not say how many pots I had to drink between 5 o'clock and 9—I think I had pints—I was sober and sensible, I did not stagger in the least—I don't know if a number of people were following me when I got to the police-station—I had a slight recollection when I got to the Palmerston—the Palmerston is only 100 yards from the Gladstone and 250 yards from the station—I have no doubt there was a crowd—the Gladstone is about the middle of the Hibornia Road—I don't know what happened at the top of the Hibernia Road.
ROBERT GIRDLER . I live at 4, Albion Road, Hounalov, and work at the soap factory—I am a teetotaller—on Monday, 30th June, I went into the Gladstone beerhouse, Hibernia Road—my brother was there—I called for gingerbeer—I saw the prisoner and another uniform constable at the bar drinking—I and my brother left the public-house together about 9 o'clock—when we got a little way from the public-house we stopped and began to talk—two constables came down; Vagg pushed up against me—I said, "Where are you coming to?"—he said, "It is as much your fault as it is mine"—Hall pushed my brother, drew his truncheon, and struck him, and he fell bleeding to the ground—I was picking him up—the constables went away a little, came back, and Vagg said, "Go away"—I said, "I won't go away"—he said, "If you don't go away I will take you too"—I said, "If my brother goes I will go too"—another constable came up—Hall had my brother, and close by Vagg had hold of me by my collar—he tripped me up and jerked me forwards, and then pulled me back and tore my shirt all off my back almost with the jerk—the inspector saw the state of my shirt when I got to the station—I had had no intoxicating liquors during the day—I resisted the constables in no way—it is not true that before the assault on my brother there wore a number of men rioting and fighting, or that the constable received a severe blow under the chin or some kicks in the ribs, or that my brother struck him on the chest—he drew his truncheon and deliberately struck my brother on the head and cut his head open.
Cross-examined. Some persons followed us to the station—I did not hear screaming just before the constables came up—I heard no screaming from the direction of the Gladstone public-house—I heard Mr. Harris
examined at the Brentford Police-court—I heard no screaming—I have not since heard Hall say that he mistook me for another man and was very sorry.
Re-examined. My brother had had a glass or two of beer, but he was sober and knew what he was about.
By MR. GEOGHEGAN. I knew he had had a glass by the way he spoke—he did not take my arm nor I his—I did not notice if his voice was thick—I thought he was sober so far as his voice was concerned—I could tell he had had a glass of beer, but he was sober.
By MR. POLAND. We were talking very quietly as we walked along together.
THOMAS HARRIS . I live in Hibernia Road, and am a market gardener—my cottage is a few doors from the Gladstone and on the same side of the road—on the evening of 30th June I was sitting at my front window about 9 o'clock; the window was closed—I saw two constables in uniform coming down the road; they made a stand opposite my garden to light their pipes, and just at that time I saw they were very staggering drank, I am certain they were drunk—they were going in the direction of the Gladstone; after lighting their pipes they went on and into the Gladstone—about 10 minutes after I saw two men who I know now as the two Girdlers leave the Gladstone together and come in the direction of my house, almost immediately afterwards followed by the two constables—the two men made a stand nearly opposite my house, and as they did so the two constables overtook them—Vagg pushed against Robert Girdler, and Hall pushed against William Girdler and almost immediately at the same moment took out his truncheon and struck him across the head and felled him to the ground—he then waved his truncheon over his head and said, "Bring out five or six more of your b----mates and I will serve them the same"—up to that time there had been no blow struck and no rioting or fighting of any kind—at that time I saw three women in the road a few yards off, they were quiet—when I saw this I got up and walked through my house and round it and came into the front garden and to the front gate—when I got there William Girdler was still lying on the ground as if dead—Hall, the man that struck the blow, was there—Robert Girdler was coming from the direction of the beer-house—several people had collected—William Girdler was taken off somewhere in the prisoner's custody—I could not swear whether they took Robert in custody, they all went away together—I had heard screams a second or two before the constables came out of the house; they were nothing but ordinary screams such as children would make, nothing to lead me to suppose there was any bother or anything amiss—I was fetched to the Town Hall, Brentford, and gave evidence the same day on behalf of the prisoners—I had never peen the Girdlers before nor the constables that I know of, they are no friends or acquaintances of mine whatever.
Cross-examined. Hanworth Road is at the top of Hibernia Road—the Gladstone is about halfway down the Hibernia Road—the screams came from the direction of my house towards the Gladstone—they were ordinary screams—it is not a rough neighbourhood.
when we got near the Gladstone beerhouse I saw the two Girdlers come out—I did not know them before—they crossed the road and turned in the direction of where I found afterwards was their home—they were walking together—two constables came out of the beerhouse and followed them in the same direction—I did not know the constables—I should not have known the prisoner was one of them if I had not seen him next day at Brentford—I now know that Hall was one of the policemen, and Vagg the other—I noticed they staggered—as they got near to the Girdlers one of the policemen pushed young Girdler, and he turned round and said "Missus, did you see that policeman push me?"—I gave him no answer, but in the meantime the other constable pushed the other Girdler with his left hand, and drawing his truncheon with his right, he hit him on the head, and he fell to the ground—I screamed out "Shame, policeman!" and ran a few steps—I called him a brute—it was a deliberate blow, and knocked the man to the ground—up to the time of the pushing there had been up rioting or disturbance—I saw no one in the road but those four, I, my daughter-in-law, and a young woman going down with us—the police were not struck by anybody—when the man was knocked to the ground the policeman said "Fetch out your b----mates, and I will serve them the same, "flourishing his staff about—the police staggered—I took them to be tipsy—I did not see Girdler taken off the ground; I was too frightened, and left him still lying on the ground—my daughter-in-law said "Stop a minute, let me go and take their numbers, for they ought to be punished"—I did not see a crowd of people come up—I heard the younger Girdler scream "You have killed my brother, you have killed my brother!" as I hurried along the road, for I was frightened—I did not go to the station—I went next day before the Magistrates of my own accord—I thought it was cruel, and went to speak for the young men—they asked if they had any witnesses, and I said "Yes"—I was called as a witness on their behalf.
ANN MUNCH . I am Robert Murch's wife—we keep the Gladstone beerhouse, Hounslow—on the evening of 30th June I was behind the bar serving; my son was in the bar, but not serving—I had known William Girdler for a few months, he has been in the house as an occasional customer—he was in on this evening—he had had several pints of beer, but was sober; he was particularly orderly and quiet—his brother Robert came in—he is a total abstainer; he was quite sober—about 9 o'clock two policemen came in in uniform and asked if any one was going to treat them with some beer; one man handed a pot to them and they both drank—there were several other customers in the bar—they got in conversation about different places abroad, and a place in Hampshire, and questions asked if they had been there; then they offered to race fur a quid—the two constables were tipsy in my judgment—they and the Girdlers went out together—the constables put their feet over the step first, but they were so close together that no one outside would know who left first—a few seconds after they-had gone I went to the door to get a breath of air, and Robert Girdler came running and almost knocked me down—he said "They have knocked my brother down"—I looked down the road and saw William lying in the road—the constables had left him, and were a little on the right of the house—the prisoner had his staff in his hand—the women had gone past at that time—I could not tell who they were—I stood at the door and turned round and called
to those in the bar to run to their assistance—there had been no disturbance inside, and when I got to the door I saw no one but the Girdlen, the prisoner and the women—there was no disorderly crowd or disturbance whatever—I did not go to Brentford Town Hall next day, and was not called as a witness—on the following day, 1st July, the prisoner came to my house about 8 o'clock in the evening—he asked me if he could speak to me privately—I took him into a private room—he was in plain clothes—he said "I am sent by the inspector to make inquiries respecting the row outside your house the other evening"—I said "What do you want?"—he said "Did the two constables come into your house?"—I said "Yes"—he said "Did you serve them with any beer?"—I said "No, they never asked me"—I said nothing more about beer—he said "Because it affects the men's situations"—he then asked me if I would put on paper the answers I had made—I did not recognise him when this conversation was going on—he told me of his own accord "I am the man that struck the blow"—he said he was very sorry, as the man did not deserve it, there was some did—I said "Where are they?"—he said "There were from six to eight"—I said "You know there was no one except when I turned round to call for those in the bar"—I don't recollect what he said to that—I said "You were drunk on this night," and he did not deny it—he said would I put on paper that they came into my house but did not ask me to serve them with any beer, nor did I serve them with any—I told him I would put it on paper as it was the truth—I did so, and asked him who I was to address it to—he said "I suppose you will put there was a crowd, as I swore in the Court yesterday there wag a crowd?"—I said "Oh, no, you know there was no crowd"—I did not put that in the paper, I only put down the truth—he looked over my shoulder when I had done it and saw what I had written—I signed it put it in an envelope, and addressed it to Inspector Rawlings, at Brentford Police-station, at his request—I gave it to him and he took it away.
DONALD WATERS (Police Inspector T). On night of 30th June I was at Hounalow Police-station at 9.45 when William Girdler was brought in by prisoner in custody—his head was cut on the temple, it was a severe blow—I entered the charge on the charge sheet: "William Girdler, 4, Albion Road, Hounslow, assaulting constable Hall in the execution of his duty in Hibernia Road; person charging, Charles Hall. Also brought in Robert Gridler attempting to rescue William, and charged by Vagg"—Harmer, Drew, and Hinge were brought in for attempting to rescue William—Robert and one of the others were charged by Vagg, and the other two by Bannister—the two Girdlers were detained in custody for the night, the other three were bailed out—I sent for the surgeon to see the state Girdler was in—his assistant came and dressed William Girdler's wound—I was doubtful about William's sobriety, he appeared as if he had been drinking—I could tell he had had a severe blow on the head—Robert was perfectly sober, there was no doubt about that—next day the charge was made and all the men were discharged.
Cross-examined. The charge against Harmer, Dawes, and Hinge was dismissed—no proceedings have been taken against Bannister or any other constable except Vagg and Hall.
GUILTY .— Eighteen Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
GEORGE BRODIE CLARK produced the notes of the prisoner's examination before the Magistrate, which were read as follows: "I was on duty in Hanworth Road, Hounslow, about 9.30—I was called by a woman—I went towards a beerhouse—I saw the last witness Hall with William Girdler down in the road struggling—I took hold of Girdler, lifted him up, and assisted him to the station; he was bleeding from the head. On the road to the station Robert Girdler said if his brother went to the station he should go to. He was told to go away, but refused to do so. He took hold of the prisoner William Girdler. He did not call on his brother to resist."
GUILTY .— Nine Months' Hard Labour.
MR. LOWE Prosecuted; MR. PURCELL defended Florence.
JAMES FREEMAN . I am a bookbinder, of 2, Playhouse Yard, Barbican—on Saturday afternoon, 13th August, I was going along Long Lane from my house of business, with my son, to the Snow Hill Railway Station—on entering the railway carriage on the platform my son got in first, I was following, but I was enclosed in an instant by one man on my right, another on my left, and another at the back of me—I could not get into the carriage, they prevented me—I looked round and saw Florence behind me—I put my hand to my breast and felt my chain dangling and the watch gone—I felt something touch my breast—my watch had been in my upper side pocket—the value of it was 15l.—the station was dark but I was able to see the faces of the people near me.
Cross-examined. It was a rather dark spot where I was standing; the lights are some distance apart—my son got in the carriage first, and I was getting in behind him, but finding the persons pressing behind, I turned round and saw Florence right behind me—my chain was not broken—it had an ordinary snap swivel—I did not find the bow of my watch lying about anywhere—it had a bow of the ordinary kind.
JAMES HENRY RANKLEY (City Policeman 319). I was in plain clothes on Saturday afternoon, 30th August, standing at the bottom of Cock Lane, Snow Hill, with Cross, another plain clothes constable—my attention was attracted by the two prisoners and two others following Mr. Freeman—I followed them down through Snow Hill station—I saw them all take their tickets—I saw them follow Mr. Freeman down on to the platform, and as he was opening a door of the train I saw Florence against his left, at the same time another man not in custody behind him pushed him—another man behind Mr. Freeman pushed him rather between the door, just about half covered the door—I slipped in then and Holt was behind me rather to my left, and I saw Florence with his left hand raise something, and I saw an action to the other one—I seized Florence with my left arm and
the other man behind Mr. Freeman with my right—immediately Mr. Freeman said "That man has got my watch," pointing to Florence—I said "Yes, I know that," or words to that effect—I kept hold of Florence; the other man got away, leaving his hat behind—with the assistance of one of the railway officials I took Florence to the station—just after I had got him to the station Cross came in with Holt, and then he had his hat on—I thought at first it was the other man I had held, but when I looked again I saw it was not, it was a man very much resembling him—I am positive Holt and Florence are two of the men I saw following Mr. Freeman—I searched Florence and found on him a third-class railway ticket from Snow Hill to Blackfriars—I also found on him a ticket for the Conservative Saturday afternoon at Hatfield.
Cross-examined. I was watching the prisoners—I did not notice any other men besides these four take a ticket—the platform is not particularly narrow there—I was beside Florence and the man not in custody when they did it—the railway porter was 8 or 9 yards off—Florence was rather to the left of the prosecutor in front of him—I seized hold of him.
Cross-examined by Holt. I will swear that you were in company with Florence on the platform.
Re-examined. When I got down on the platform and saw these men were going up to Mr. Freeman I went up close—the platform is not particularly dark at that spot, I could see the faces of the people close to me—no one was standing in the immediate neighbourhood of Mr. Freeman but these four men—I have not the slightest doubt as to the identity of the prisoners.
WILLIAM CROSS (City Policeman 956). I was with Rankley on Saturday afternoon, 30th August, about 3 o'clock, by the Snow Hill railway station—I saw the prisoners and two others following Mr. Freeman—I did not follow them, Rankley did—I ran round to the front of Holborn Viaduct—I met Holt coming up; when I got two or three steps farther I saw Rankley and the inspector of the station with Florence in custody—I ran up to the station and saw Holt standing opposite Spiers and Pond's Hotel looking down Snow Hill towards the police-station—I followed behind a cab till I got opposite him; I then bolted from behind the cab and seized hold of him and told him he would be charged with another man with committing a robbery on Snow Hill railway station—he said "I have not been there, I have not been to the station"—as soon as I got hold of him he tried to get away—he went down twice in the road—he put his railway ticket in his mouth and another man came up and assisted me to take him to the station—on the way he had this railway ticket in his mouth and tried to scrunch it up and swallow it; at the station he spit it out—it was a third-class ticket from Snow Hill to Blackfriars Bridge—I searched him at the station—I found on him 1s. 11d. in money, a steel chain which he was wearing in his waistcoat pocket, and a ticket for Hatfield Conservative Demonstration for that Saturday.
Cross-examined. I do not know whether Florence said at the station that he had not seen Holt; I believe he did—I said at Guildhall that Holt denied all knowledge of the other man; he said "I have not been him."
Holt's Defence. On this Saturday afternoon I was going to Blackfriars
to meet a friend who did not come. I stayed at Snow Hill station. While standing there the policeman seized me by the throat and took me to the station.
The prisoners PLEADED GUILTY to previous convictions, Florence at Clerkenwell in July, 1874, and Holt in August, 1882. Other convictions were also proved against them.— Seven Years' Penal Servitude each.
NEW COURT.—Monday, October 20th, 1884.
Before Mr. Common Serjeant.
MESSRS. LLOYD and GOODRICH Prosecuted.
HARRIETT YOUNG . I am barmaid at the John Bull, Chiswick—on 21st August, about 2 p.m., I served the prisoner with a glass of ale, price 2d., he gave me a half-crown—I looked at it and showed it to another barmaid, and to Mr. Harris, the landlord—the prisoner could hear what was said—he said he was going to his mate for the money to pay, and did not come back.
WILLIAM EDWARD HANSON . I keep the John Bull—on 21st August the last witness showed me this bad half-crown, and I asked the prisoner where he got it—he said "From my employers last night"—I said "Where?"—he said "Lambeth"—he went out and brought back a good florin—I had sent for a constable who brought him back—he said that he had some friends outside and he was out for a day's holiday—I heard him tell the constable that he had given a false address—he was remanded for a week and then discharged.
EDMUND WATSON (Policeman T 647). I received information from Mr. Hanson; went to Gunnersbury in search of the prisoner and found him in Oxford Road—I told him he was accused of passing a bad half-crown at the John Bull public-house—he said "I did pass a counterfeit half-crown, I have got a two shilling-piece to pay for the drink I had"—I took him to the John Bull—he said he had got two pals in Oxford Road—I left him in charge of another constable and went out to look for them but could not find them—the prisoner was going towards Kew Bridge away from the John Bull—he was remanded at Hammersmith and discharged on 29th August.
ALICE BEACH . On September 9th, from 2 to 2.20, I was in attendance at the machinery bar of the Health Exhibition; the prisoner came there for a glass of bitter ale, and put down this half-crown; the waiter made this mark with his teeth on it—I told the prisoner it was bad and gave it back to him—he gave me a good one.
JOHN SERCOMB (Policeman B 564). On September 9th I was on duty at the Health Exhibition and the prisoner was given into my custody for passing a bad half-crown—I asked him if he had any more—he said "No"—I said "Where did you get it from?"—he said "From a
betting man in Lambeth Walk"—he was taken before a Magistrate and discharged.
MARY ANN FORD . I live at the Magpie and Stump, Finsbury—on 15th September I served the prisoner with a glass of ale—he gave me a half-crown; I suspected it, and went out to Mr. Jennings, a grocer, and then went back and asked the prisoner if he knew what he gave me—he said "Yes, a half-crown"—I said "It is bad"—he said "Give it to me"—I said "Not before I see a policeman"—he paid with a good shilling—a policeman brought him back in 20 minutes.
WILLIAM HOOSON (Policeman S 535). On 15th September I was on duty at Kingsbury, I went towards the Magpie and Stump, and the prisoner was handed over to me by a man who had stopped him—I searched him on the spot, and found 6s. in silver and fivepence, a knife, latch-key, and tobacco-box—I took him to the Magpie and Stump—had said a You can search away, for you won't find anything else on me"—I said "No, I expect if you had any you threw it away in the fields"—Mrs. Ford identified him—on 16th September I received the six half-crowns (produced) from Mr. Duke, a wheelwright, adjoining the Magpie and Stump—they were wrapped up singly in tissue paper.
CHARLES DUKE . I keep a shop adjoining the Magpie and Stump—on 15th September I saw the prisoner run by my shop, and on the 18th I found these six coins in tissue paper within three yards of the spot near some old carts—I had not gone there to search.
Cross-examined by the Prisoner. I do not believe you could have thrown them there—they were put nicely in paper, and laid there.
Prisoner's Defence. I did not know the coins were bad. I received them from a betting man to whom I am clerk. I ran away because, I had been remanded once.
GUILTY of the uttering, but not of the possession of the packet of coins.— Fifteen Months' Hard Labour.
992. JAMES CHIPPS (47) PLEADED GUILTY to three lndictment for stealing, while employed in the Post-office, post-letters containing postal orders, the property of Her Majesty's Postmaster-General, also to feloniously forging and uttering the said orders.— Five Years' Penal Servitude. And
MR. H. AVORY, for the prisoner, stated that he would give information which would be valuable as to persons not yet in custody [Pleaded guilty: See original trial image.].— Judgment respited.
MESSRS. LLOYD and GOODRICH Prosecuted.
ALFRED BARNES . I am assistant to Mr. Lewis, a hairdresser, of 20, Orchard Street—on September 9, about 3.30, the prisoner came in for a piece of honey soap, and tendered a half-crown—I gave it to Mr. Lewis, and by his directions went out and showed it to Mr. Cousins—he would not change it, and on my return the prisoner had gone.
Portman Square—on 9th September Barnes showed me a half-crown, I thought it was bad, and sent him with it to Mr. Cousins—he brought back the same coin—the prisoner asked me the price of the soap—I said "Fourpence"—he said "That is too much for me, give me my money back"—I said "I cannot, my boy has gone to get change"—he said that he could not wait for the change, and left without the money or the soap—I went to the door, and saw him turn into Portman Square—I told a, policeman, and my boy went with him after the prisoner, and I afterwards saw him in custody, at the corner of Portman Square, where I was waiting.
ALFRED BARNES (Re-examined). I went with the policeman after the prisoner, leaving Mr. Lewis at the Orchard Street corner of Portman Square—I came up to the prisoner at the corner of Upper Berkeley Street, 40 yards from the shop, and pointed him out to the policeman—he asked to see the coin—the policeman showed it to him; he snatched it out of the policeman's hands, and ran about 30 yards—the policeman caught him, and took him to Marylebone Lane station.
Cross-examined. I was not many yards behind you as you ran; it was a few minutes before 4 o'clock when you ran out of the shop, and about 4 o'clock when you were caught.
JOHN WAITHERSTON (Policeman D 225). I was on duty in Oxford Street, Barnes spoke to me, and I went to Portman Square, saw the prisoner, and said "I shall take you in custody for passing this half-crown"—he said "Passing what?"—I said "This half-crown," showing it to him—he snatched it out of my hand, and ran about 30 yards—I followed with Inspector Shepherd, who came up—we took him, and saw him shuffling money from one hand to the other, and when he was at the station I found three good florins and 2d. on him—I searched, but could not find the half-crown—I think it was bad—he said that he came from Birmingham, and had no home in London.
WILLIAM EDWARD LEWIS (Re-examined). I thought the coin was bad because it was soft and light—I could tell by the weight—all bad money is leady—I did not put it in my mouth or ring it, but I know it was bad, and Mr. Cousins said so also—the prisoner could not hear what I said to the boy when I sent him to Mr. Cousins.
Prisoner's Defence. I tendered the coin to the boy, and have not seen it since. I thought it was a good one. I deny taking it from the policeman's hand, and I could not throw it away, because he had hold of my hand. I pulled my money out of my pocket, and showed him that it was good.
GUILTY .— Three Months' without Hard Labour (being in a consumption).
MESSRS. LLOYD and GOODRICH Prosecuted.
GEORGE KING . I am barman to Charles Harris, of the Birdcage, Columbia Road, Bethnal Green—on 30th September, about 7.45 p.m., the prisoner came in for a glass of ale, and tendered a half-crown—I tried it in the lock of the till and it bent—this is it (produced)—I told her it was bad—she said "I didn't know it was bad"—I gave it to Mr. Harris, who said that it was bad—the prisoner said she was very sorry, she did not know it was bad, and offered a good penny, which Mr. Harris refused to take, and sent for a constable—the prisoner came in the house
about five months ago for some ale, and tendered a sixpence, which broke with my teeth—I gave the pieces to the manager, and they were lost—she was not prosecuted that time because she said she was very sorry, and she did not know it was bad.
GEORGE ROPER . (Policeman E 68). On 30th September I was called to the Birdcage, and Mr. Harris, in the prisoner's presence, said "I give this woman in custody for tendering a bad half-crown"—she said "I didn't know it was bad"—I said to her "Give me that penny," as she had a penny in her hand, and she gave it to me—I asked her if she had any more bad coin about her; she said "No"—I took her to the station, and when she was in the dock I saw something white in her mouth—I asked her to give it to me; she said "My jaw has been broken, and I wear a gold plate"—the charge was then taken and she said "I am innocent"—I heard the inspector ask her what she had in her mouth; the said "I have a hollow tooth, and I can't open my mouth"—she was then handed over to the female searcher—I was called to the cell shortly afterwards; she was very violent there, and the female searcher said she had thrown something down the closet—I saw Dennis search it, and take a bad half-crown out of the pan—it is a great deal bitten.
By the COURT. It fell down into the water—the pans are so constructed that nothing can fall through—the water is turned on by the constable on duty—I saw the good money taken from her—a florin, two shillings, and 10 pence.
ESTHHER PICKLES . I am female searcher at the Commercial Street Police-station—the prisoner was very violent while I was searching her, and I had to get a constable to assist me, and she asked me to let her go to the closet—I accompanied her there, and saw something in her mouth—she could not speak—while she was there I saw her take something from her mouth and throw it down the closet.
The Prisoner's Statement before the Magistrate. "I am very sorry; I did not know it was bad. I have not been in the habit of doing this."
Prisoner's Defence. I found 5s. 6d. in a public-house in Shoreditch, and had it in my possession half an hour—I had no idea of it being bad—I should not have made such a stupid remark at the station if the policeman had not kept worrying me.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. LLOYD and GOODRICH Prosecuted.
CAROLINE SPARKS . I live at 4, Little White Lion Street, Seven Dials—on 8th October, in the evening, I was coming down St. Martin's Lane, when the prisoner asked me to go in and get a half-quartern of gin in a bottle, and he would give me a penny—a public-house was just near where I was standing—he did not give me a bottle, but gave me a penny to get one—I went in the public-house and came out again in a minute or two with the landlord—the prisoner was on the opposite side—I showed him to the gentlemen; he ran away before I could speak to him
—I am sure the prisoner is the man who asked me to go into the public-house.
Cross-examined. I laid the two-shilling piece you gave me on the counter—I looked at the barmaid when I did so.
EDITH PETERS . I am barmaid at the Bull's Head, St. Martin's Lane—about half-past 11 on 8th October the little girl came to our bar and asked for half-a-quartern of gin in a bottle, which came to 3 1/2 d., the gin 2 1/2 d. and the bottle 1d.—she gave me a two-shilling piece in payment—I gave that to Mr. Porter—I saw it was bad and scratched it with a penny, the tester was not close at hand—Mr. Porter went out with the little girl.
EDWIN PORTER . I am landlord of the Bull's Head, St. Martin's Lane—on the evening of the 8th I saw the little girl in the house, and my barmaid handed me this florin and made a communication to me—in consequence I communicated with the little girl and left the public-house with her—when I got outside she pointed out the prisoner to me; I told her not to make him notice me; he was on the opposite side of the way—directly he saw me come out with the little girl he ran away—I followed him into Craven Street and through the passage into Villiers Street—several people joined in the pursuit and a constable stopped him in Villiers Street—I gave him into custody on a charge of uttering bad coin—he made no reply—it is over half a mile from the public-house to where he was caught.
EDWARD GLIDDON (Policeman E 374). On 8th October, between 11 and 12, I saw the prisoner run across the Strand through Craven Street, followed by last witness, who was calling out "Stop him"—I followed him through Craven Street into Villiers Street, and stopped him—he said "What are you stopping me for?"—I said "Come back and we will see"—I took him back a few yards—Mr. Porter said "That is the man, he has changed a bad two-shilling piece at my place, the Bull's Head; I shall charge him"—the prisoner made no reply—I took him to Bow Street; he was charged; he said nothing in answer to the charge—I asked where he lived; he said "I shan't give any address"—the little girl came to Bow Street; she said "That is the man that gave me the two-shilling piece"—the prisoner said nothing to that—on the prisoner when I searched him I found 1s. 6d. in silver, 4d. in bronze, all good money.
The prisoner in his defence stated that he gave the coin to the child; but that he did not know it was bad, and that he ran away because he thought she was telling the landlord that he wanted to do something wrong to her.
GUILTY .— Six Months' Hard Labour.
OLD COURT.—Tuesday, October 21st, 1884.
Before Mr. Recorder.
997. FREDERICK JONES (22) PLEADED GUILTY to stealing a box and an order for the payment of 8s., a promissory note for 1l., and 3l. 5s. 11 1/2 d., of Alfred Newton Copham and another, having been before convicted in June, 1883.— Fifteen Months' Hard Labour.
MR. CRANSTOUN Prosecuted.
CORNELIUS BRAYBROOK PARE . I am a Japanese merchant, of 25 and 26, London Wall—on Monday, 22nd September, I engaged the prisoner to come to work—on Tuesday afternoon he asked for a sovereign to obtain material; I gave it him—on Thursday he asked for another sovereign, which I also paid him—he had two assistants—on Thursday evening he wanted another sovereign—I said I could not think of giving him any more money, particularly as he and his assistants were the worse for drink, and his contract was only for 5l.—I said "I am quite disgusted at the way you have been doing this job, you had better take your tools and clear out, and have done with it"—I sent the boy Foster with him to see him away—he came back and told me something, and I went and saw the vases broken, of the value of 40l.
Cross-examined by the Prisoner. It was two half-pairs that were broken—the two were worth 40l.—they cannot be mended, they are past repair—I do not wish to press the charge for the sake of your wife and family.
ROBERT ARTHUR FOSTER . I am warehouse boy to Mr. Pare—on this Thursday afternoon I was sent with the prisoner to the warehouse—as I was on the top of the stairs he walked across the room and deliberately picked up a vase and smashed it against the other—it was done wilfully, not accidentally—he broke them both.
Cross-examined. You were drunk—you did not fall over anything—there were about half a dozen small vases there about two yards from these.
DAVID EVANS (City Policeman). I was called and took the prisoner in custody for wilfully breaking the vases—he said nothing at the time—at the station he said he knocked his foot against the vase and it was done accidentally.
The prisoner in his defence repeated that it was an accident.
GUILTY . Strongly recommended to mercy by the prosecutor.— Five Days' Imprisonment.
MR. RAVEN Prosecuted; MR. PURCEL Defended.
JOHN FARLOW WILSON . I live at 17, Foxley Road, Brompton—on 16th October I was at Ludgate Hill Station waiting for the 6.15 train—I stood on the platform where I knew the first-class carriages would rest—after waiting a few minutes two men came in front of me towards the edge of the platform—when the train came up I took a step or two forward to get into a carriage, as as the two men did not move I said, "By your leave, gentlemen, I want to get in"—the other man laid hold of the handle of the carriage door; I thought he was going to open it, and I put my hand on it also—the prisoner was on my left in front of me; I am quite sure of him because he turned his face to me, the other man did not—I had an umbrella and newspaper in one hand and a black bag in the other, my coat was open, and while in that position there was what I may describe as a suppressed tussle over my breast—the prisoner pushed against me and moved away, and I looked down and saw mv chain hanging—I followed him and gave him in charge.
Cross-examined. I had looked at my watch on the stairs of the station+—this was at an unusually busy hour—the platform is a double one with trains on each side—it is a narrow platform—there is a train up almost every minute—the two men were standing about three yards from me—I did not notice them speak to one another—they were close together—I did not see the other man's face—it is the worst station I know, a disgrace to the Company—the prisoner was not out of my sight, I stopped him myself—I have not found my watch; the bow of it was found—I charged the prisoner with stealing my watch—he said, "You have made a mistake, you can search me"—I said, "Either you or your companion has it.
Re-examined. There was nobody quite close to ind when I was jostled by the two men, all the people had got into the train.
ALFRED GRIMLEY . I am inspector on duty at Ludgate Hill Station—the prosecutor called me, I found him standing by the prisoner—he said, "I have lost my watch," and he said to the prisoner, "You have taken it"—he said, "You are mistaken"—he attempted to go out, I prevented him and took him behind the barrier—he said, "Give me another chance"—I asked the prosecutor if he wished to charge him—he said "Yes"—I then sent for a policeman and he was given into custody.
Cross-examined. The first I saw was a crowd round the prosecutor and prisoner—I moved in the crowd—the prosecutor was not holding him at that time—the train had gone on—I am certain the prisoner said, "Give me another chance"—I did not tell that to the constable—I did not go before the Lord Mayor next morning—there was a crowd round when the prisoner said this, he said it in an undertone.
By the COURT. I asked him to produce his ticket; it was a third-class from Ludgate to the Elephant and Castle.
WILLIAM CLAPCOT (City Policeman 416). The prosecutor gave the prisoner into my custody for stealing his watch—I took him to the station and found on him a third-class ticket from Ludgate to the Elephant and Castle, also a small breast-pin, three halfpence in bronze, and a key.
Cross-examined. He gave his name and address, which I found correct—he had only been living there seven days—I heard a witness say before the Lord Mayor that she had known him seven years, and he had been a lodger in her house—I went back on the platform afterwards and found this bow of a watch there—in answer to the charge at the station the prisoner said, "He has made a miatake."
GUILTY .— Six Months' Hard Labour.
MR. DOUGLAS Prosecuted.
SIMON HEADING (Policeman X 458). On 16th September, about 11 o'clock at night, I was on duty in Watertou Road, St. Peter's Park, Paddington—I saw a woman lying down on the pavement—she appeared to be intoxicated—Paitt, 511, called me, and we helped her on to her feet—the prisoner came up and struck Paitt a blow in the chest which knocked him to the ground—I then let go of the female and seized the prisoner—Paitt was getting up at the time, and he also seized the
prisoner—he became violent, and in the struggle tho three of us fell to theground—we got up again; the struggle continued—we went to the ground again—during that time Paitt called out "Secure this man, I'm stabbed"—I blew my whistle for assistance, and constable 264 came up, and the prisoner was taken to the station—he had been drinking, but knew what he was about—the female struck Paitt in the back.
Cross-examined by the Prisoner. I did not see you with a knife—I did not see you stab the policeman—there was a great crowd of women and children round when I came to arrest you—there was a man there who said he was a doctor—I don't know what the constable said to him; he did not say in my presence that that was the man he should have—as soon as I came up your wife was lying on the pavement, and as soon as I helped tho constable to pick her up you knocked him down—she was drunk; she smelt very badly of drink.
Re-examined. I did not see any of the crowd attempt to do anything to me or the other constable—the crowd was some distance away from us.
VICTOR PAITT (Policeman X 511). On Tuesday night, 16th September, I was with Heading, and helped him pick up a woman who was drunk-when taking her in custody the prisoner struck me a violent blow in the chest and knocked me down—I got up and closed with him, constable Heading doing the same—he struggled very violently, and the three of us came to the ground—when we got up again we blew a whistle for assistance; he struggled again, and we fell a second time, and Heading trying to clear himself from underneath him, the prisoner was partly on his left side, partly on his back—I had hold of his arm with my left hand, my right on the collar of his coat—I felt like a kick on the back; I thought at first it was a kick; I looked round to my left and saw the prisoner lift his hand, and he had a dark-looking instrument in his hand—I could not make out what it was—he placed it by his pocket or by his right side—I felt blood running down my leg, and knew I was stabbed.
Cross-examined. When I came across your wife on the pavement I stood looking at her; I never kicked her—she was drunk—you were not bathing your wife with a drop of water—there was between 40 and 50 people there—you had some bundles alongside you—four knives were brought to the station by the children—I saw you withdraw your hand, and the knife was in your hand then, and it was found in your right-hand side pocket at the station—I felt you stab me—I had hold of your left arm with my left hand.
Re-examined. I am still on the sick list.
JOHN SIMPER (Pcliee Sergeant X 18). I was at thostation when the prisoner was brought there—Paitt came in afterwards; pointing to the prisoner, he said "This man has stabbed me"—I asked the prisoner if he had a knife—he took this knifo out of his right-hand coat pocket, handed it to me, and said "There it is; it is one I had lent mo"—the handle is dark—I went for the doctor.
ADOLPHUS EDWARD BRIDGER . I am a medical practitioner, living at 2, Waterton Road—on the night of the 16th September, about hali-past 11 o'clock. I wont to the station—I saw the constable Paitt there—I examined him—I found an incised wound in the right buttock bleeding rather profusely, about an inch in length and two inches in depth—that knife is such an instrument as might have caused the wound; if it was
done with a blunted instrument it would have to be a very severe blow—I have examined the knife; I found traces of blood such as might come from a human being.
The prisoner in his defence staled that his wife was in a fit, and the police knocking her about; he denied using any knife.
GUILTY of unlawfully wounding.— Nine Months' Hard Labour.
NEW COURT.—Tuesday, October 21st, 1884.
Before Mr. Common Serjeant.
MESSRS. LLOYED and HICKS Prosecuted.
FREDERICK HULBERT . I am assistant to Edward Googes, of the Royal Arcade, Albemarle Street, florist, and live at 50, Clarendon Street, Harrow Road—on Saturday evening, 4th October, a woman came into the shop and asked for a sixpenny flower—a young woman who assists in the shop handed me a half-crown—I took it in my hand and thought it light, and I went to a public-house—I brought it back and showed it to the woman and said it was bad—she gave me a good two-shilling piece in payment—I bent the half-crown—I let her go up the street and followed her—I went down to Grafton Street and turned round Grafton Street—she was joined by the prisoner and a female named West—they walked along together down Hay Hill, along Berkeley Street, into Piccadilly—they crossed the road and came down Piccadilly opposite Burlington House—I spoke to a constable, who followed behind we—they turned ebwn a court in Piccadilly, by St. James's Church, and into Jermyn Street—opposite Church Passage there is a public-house—the two females went into the public-house and the prisoner stood at the corner of the court—before they separated they were all talking together—in consequence of what the constable said I pointed out the prisoner, and he crossed over the road and arrested him—he started and turned round, and pushed the constable on one side, and started up James Street, and the constable after him—when he was running I saw him throw his hand behind, aud I heard something chink on the pavement about 10 or 20 yards from the public-house—I saw him taken into custody—tho two females were also taken into custody—they were still in the public-house.
Cross-examined by the Prisoner. When I followed tho woman who is no: in custody she went out of the arcade to the right—she was jawing with you and West—I did not see her holding by the railings—you walked between them some way—I did not speak to a policeman then—I spoke to one on the point at Devonshire House first, but he could not leave the point—I did not see either of the women hand anything to you—I did nut say "I saw something leave your hand," I heard something chink—you threw it with your left hand straight out behind on the pavement—there were not many people in the street at that time—there was a cab stand there—I shouted out "Stop him"—I did not see a cabman put out his foot and throw you down—I heard Jackson say "That was the coin she tendered to me"—the one I gave her back was bent nearly
double—I think it is hardly credible that it could have been bent back again—I cannot swear that is the piece which was found in her purse.
MIXNIE DERONAL . I assist Mr. Hulbert in the flower shop—on the 4th October last a woman came into our shop—I served her with a "button-hole," which came to sixpence—she gave me half-a-crown and I sent out for change, for it seemed light—Mr. Hulbert went and came back with it bent, not quite double, but it had a big dent in it—this coin is not the same, unless something has been done to it—I spoke to the woman and returned her the coin—she then gave a good two-shilling piece—I gave her the change, and she went out and Mr. Hulbert went too.
Cross-examined. That is certainly not the same coin—I don't think I have seen you before.
GEORGE HONEYWELL (Policeman C 63). On Saturday, 4th October, abonfc 7.30, I was on duty opposite Burlington House when Hulbert spoke to me, and in consequence of what he said I followed him—he was following the male prisoner and the two women—I followed them down Piccadilly, down Church Passage to the corner of Jermyn Street—at the corner of the passage they were together talking, and then I met the sergeant and spoke to him—I crossed the road to Hulbert and spoke to him—the two females had then gone into a public-house and the prisoner was standing at the corner—I went up to him and said "I want to speak to you"—he immediately ran away and I after him—as he was running I saw him throw something away with his left hand—I heard it jingle—I went about 20 yards after him, and when I was close on him he threw himself down and I went over him—I secured him, and on the way to the station I told him I took him into custody for having bad coins about him—he said "You have made a mistake"—when we got to the station I left him—I got a lamp and went back to Jemyn Street to where I heard the jingling of the coin—I found these two coins and this piece of paper (produced) lying about five or six inches away from one of the coins and aoout a foot away from the other—there is a mark on this—I searched the prisoner and found upon him 17s. 6d., composed of a florin, 14 shillings, and three sixpences, and 2 1/2 d. in bronze, all good money—I also found on him a small handkerchief, a piece of lace, half a pound of tea, a small vase, half a pound of sausages, this small book, and two duplicates for a coat, vest, and ring—the vase might he accounted for by his buying the tea at the Victoria Tea Company, where they give articles away to purchasers.
Cross-examined. When I first had my attention drawn to you you were on the east side of Piccadilly, close to St. James's Church—you were walking with two women and were by the side of the female in the dock. (West, see next case.) You were standing talking at the corner of the public-house and Church Passage for a few seconds—when you threw something away I heard it jingle and saw something light like a piece of paper—if it had been a clay pipe it would not have jingied like that, even if it had broken—I cannot swear that you threw the coins away—I did not leave you at the station-house more than two or three minutes when I went back—it is about 100 yards or a little over from Jermyn Street to the Vine Street Station—I did not ask the people in the street to look for the coins which I found on the doorstep—there were come people about when I went back, but not looking on the door-step
—I knew they were on the doorstep—I did not pick them up at first, as I had enough to do to take you into custody—a little man had hold of your other hand.
WILLIAM STEVENS (Police Sergeant C 32). About 7.30 on tho evening in question the last witness spoke to me in Jermyn Street, where I saw the prisoner with West and another person named Jackson conversing together—the two women went into the Two Brewers public-house at the junction of the two streets—I went in and spoke to them and took a purse from each of their hands—in Jackson's I found a good two-shilling piece and a bad half-crown, which has been produced—I attended at the Harrow Road Lock Hospital last Thursday and obtained a certificate from the house surgeon as to the state of Jackson; it is probable she will not live, and that is the reason why she is not here—I found in West's purse 2s. three sixpences, and some copper, good money—I produce a half-crown given me by the police constable which was found in the pan of the w.c.
Cross-examined. It is about 100 yards from the public-house end of Church Passage to Vine Street—I did not hear Jackson say that you were a stranger to her, but that she knew West—I saw you throw something away—I saw you throw the constable—I went in the public-house to apprehend the women when you were secured.
WILLIAM BAKER (Policeman C 68). On the 6th October I was at Vine Street Police-station when I saw West get into the police van to be taken to the Marlborough Police-court—in about three-quarters of an hour I received a coin from Mrs. Allport, the female searcher—she pointed out to me the cell where she found it (No. 4)—I know West was in that cell eight hours on the previous day—there was another woman in the ceil besides West—West left in the police van at about 9.45.
MARY ANN ALLPORT . On October 6th last I was the female searcher at the Vine Street Police-station, and cleaned out No. 4 cell, in which West had been the same morning—I found a counterfeit half-crown, which I gave to the last witness—it was down the pan of the w.c. which had been used by her—the pans are made in a peculiar way so that you may find anything.
By the COURT. There is a strong flush of water, but it does not wash anything away—it was in the water.
WILLIAM JOHN WEBSTER . I am assistant to my father, who is examiner of coins in Her Majesty's Mint—these coins which have been produced are all bad, and the one that was found in the w.c.—these two which were found together are from the same mould and have no relation to the others—I see three or four round marks on this paper.
By the COURT. It is the usual custom to wrap each coin separately in paper and then to take them out and rub them on the trousers to make them bright—it keeps their tone.
Cross-examined. The two coins found on the doorstep are from one mould; the one found on Jackson and the one in the cell are different moulds.
The prisoner in his defence urged that there was nothing to prove that he was in possession of the coins; that he met the two women and remarked what a dreadful state Jackson seemed in, and she said that Mrs. West was going to see her in an omnibus. That he walked with them, and wlien they got to the public-house West offered to treat the woman, and asked him to
have a drink, which he refused. Seeing a constable arrive he ran away as he had a bundle of papers in his hand and was looking at them. The statement that he threw anything away was entirely false.
Prisoner then PLEADED GUILTY to having been before convidted of uttering a counterfeit coin at this Court on the 7th of January last. (Sec following case.)
WILLIAM EARLAND . I am assistant to Mr. Hinton, chemist, 38, Bedford Street, Strand—on the 15th September West came into my shop and asked for two or threepennyworth of essence of penny royal—I asked her if she would have threepennyworth including the bottle, and she said "Yes"—she tendered in payment a florin, which I suspected was bad by the way she slid it down on the glass case to prevent the sound—I tried it and it bent—I said "This is bad"—she stammered a little and said "I don't understand you"—I said "You will presently"—I gave her into the custody of Constable Player and gave him the coin—she was taken to Bow Street Police-station and she was subsequently discharged.
ALEXANDER PLAYER (Policeman ER 24). I was sent for by the last witness and took West into custody—she was brought up at the Bow Street Police-court, remanded, and discharged on the 22nd—she gave A false address, viz., 6, Shortt's Gardens—I kept the coin, which I produce.
Cross-examined by West. You told me you had come from Uxbridge on the 14th—you gave mo an address where you had worked, 1, Bond Street, Piccadilly, and Clifford Street, Bond Street, where I had a good character of you as a charwoman.
Cross-examined by West. I followed you down Berkeley Street and saw you with Jackson, you were conversing together—I did not know that Jackson had been to the flower shop until I heard of it at the station.
Cross-examined by Hawker. I had change in the shop but sent the young man out with the coin to see if it was bad—I had nothing to try it with—I did not send it to the publican to cheat him.
Cross-examined by West. I saw you outside our shop or some one very like you—that was about 7.30 on the same night, the 4th.
Cross-examined by West. I saw you both at the corner of Jermyn Street, and you went into the Two Brewers public-house with the others—I went in and said I suspected you of having counterfeit coin in your possession—I did not snatch your purses out of your hands—I did not drag you both into the passage—I took the purses from each of your hands and took you to the station—seven duplicates were found in your possession.
Cross-examined by Hawker. I examine the w.c. pans daily—on this day there was a stoppage of paper, and the flush of water did not paw away—I got an iron rod to remove the paper; I heard it chink against something; I thought it was a piece of broken glass, and I put my hand down, thinking it might stop it up another time, and found the counterfeit half-crown—I had not examined the pan for a considerable time previously—I sweep the cells on Sunday mornings—there was another woman in the cell with West; I saw them both on Sunday morning, the 5th—it is my duty to put down fresh sawdust in the cells.
Cross-examined by West. I do not know whether the woman with you was a prostitute.
Cross-examined by Hawker. The coin produced by Player is bad—the two picked up have no relation to the moulds of the others—the coin faund in the w.c. has no relation to that said to be West's.
West in her defence said that she met the woman Jackson walking very slowly, and site asked her what was the matter with her. She said she was ill, and she (West) took her into the public-house and gave her something to drink, and that the constable came in and took their purses out of their hands and dragged them both out backwards, and they were charged at the police-station with passing counterfeit coin, and that she did not know Hawker. In regard to the two-shilling piece she was charged at Bow Street with passing, she had been to Yalding and only came back on the 14th, and supposed she had taken it there.
WEST— GUILTY .— Nine Months' Hard Labour.
HAWKER— GUILTY **.— Six Years' Penal Servitude.
MR. BUCK Prosecuted.
JOHN ALFRED MACKEW . I am a confectioner, of 90, Tabernacle Walk—on the 13th of last month the prisoner brought me some empty match-boxes, which I had ordered through him of Walker, a box-maker—I gave the prisoner this cheque for 2l. 12s. 3d. in payment—it was crossed and returned paid by my banker.
FRANCIS MAYNE . I manage a public-house at 43, Paul Street, Finsbury—the prisoner brought me the cheque to cash on the 13th, and he signed it on the back "W. Walker" in my presence, and I gave him the money—I knew his employer's, Walker's, name, and Mackew's name.
WILLIAM WALKER . I am a box-maker, of 7, Somerford Street—the prisoner entered my service about three months since at West Street, James Street—he earned 1l. or 25s. a week—on Saturday, 13th September, I sent him to deliver some goods to Mr. Mackew, for which he was to receive payment—the endorsement on this cheque is not mine, and I did not authorise him to endorse it—he did not account to me for the money—I did not see him till the following Friday—I then said, "What have you done with the money?"—he said, "I have spent it"—his duties were to keep the books, writing, to get orders for the work, and to receive money.
By the COURT. He did not give me his whole time—he had no commission.
Cross-examined by the Prisoner. You had previously been in my service—I should think I was about two years in James Street business—we were never in partnership—I swear I am in business now in Somerford Street, and have transacted business there within the last fortnight as a box-maker—I should think the signature on the cheque is an attempt to imitate mine—you were never more than a paid servant of mine—sometimes you had part of your money during the week and the remainder on Saturday—we did not use enough money to buy a cash-book—I once gave you authority to sign my name to a bill for 200l., 11th August, 1875 (produced)—you have never sent my cheques or post-office orders for me I swear—I have made thousands of gross of boxes in Somerford Street, and some for Mackew—six years ago I failed for a large amount—I did not conceal any goods from my creditors—I have an action pending against a man named Bynion for a diamond ring belonging to me; that was not concealed from my creditors—I did not bring an action against a man named Biffin—I did not receive 20l. as a compromise—after I left James Street I carried on my business at Forest Gate, and nowhere else between that—I never had any premises in Satchwell Street in the name of Bolton—I had a shop in the Seven Sisters Road, a nail business and crockeryware—after that I lived privately—I did not then go to Balham Street, Plaistow, but I have lived there; I did not carry on any business there—I swear I never obtained any bricks from a brickmaker while living in Balham Street in the name of Wilson—I never lived at Leytonstone—I lived at Clyde Villas, Leytonstone; I made a mistake—I did not obtain wine and spirits there and not pay for them—I did not go to The Grove, West Ham, after that; I swear I never lived there—I never had an office in Castle Street, Hounsditch—I have carried on a legitimate business in Somerford Street and am still; the premises are open and the machinery at work—I have not yet paid for some timber I nave obtained, but am going to do so—I have not sold any timber less than cost price unless it could not be used.
Re-examined. The bill the prisoner signed for me was eight or nine years ago—I became bankrupt six years ago—I have been in business again, and have employed the prisoner.
CHARLES HARDY (Policeman K 496). I took the prisoner into custody on the 19th September—the prosecutor said "Policeman, I want you to lock this man up"—I said "What for?"—he said "For stealing some money from me"—I said to the prisoner "In what way did you steal it, and when did you steal it?"—the prosecutor said "I sent him out with some work, and he never brought back the money"—I took him to the station—after the charge was taken he said "I am not a paid servant, I had authority to sign it."
The Prisoner's Statement before the Magistrate. (Read: "It is a wicked, false, and malicious charge made by the prosecutor to close my mouth. The business in Somerford Street was a bogus one, started without any capital for the express purpose of buying goods and disposing of them, and I was to assist in doing so, and was to share the proceeds. What goods have been in bond the prosecutor sold himself, and put the money in his own pocket, and gave me none. When I remonstrated with him he
threatened me with this charge, as he said to shut my month. I have signed cheques, bills, and post-office orders times out of number, and the authority has never been disputed until this charge was made, when, to suit his own purpose, the prosecutor tries to draw a distinction between a bill and a cheque.")
The prisoner, in his defence, repeated the substance of the above statement.
GUILTY .— Four Months' Hard Labour.
OLD COURT.—Wednesday, October 22nd, 1884.
Before Mr. Justice Day.
MR. POLAND, for the prosecution, offered no evidence, the Grand Jury having ignored the bill.
NOT GUILTY .
1005. EDWAED GLYNN (36), WALTER LUSTY (20), and ALICE NELSON (22), were indicted for feloniously threatening Elizabeth Perry to accuse Edwin Charles Perry of an infamous crime with intent to extort money. Other Counts, for demanding money with menaces with intent to steal.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
The details of this case were unfit for publication.
GUILTY . GLYNN.— Penal Servitude for Life. LUSTY.— Fifteen Years' Penal Servitude. NELSON.— Seven Years' Penal Servitude.
NEW COURT.—Wednesday, October 22nd, 1884.
Before Mr. Recorder.
MR. FULTON Prosecuted; MR. BESLEY Defended.
SARAH ANN NASH . In August, 1882, I was lady's-maid at Eastbourne, and met the prisoner when I was taking charge of my mistress's luggage—he was a porter at the railway station, and from that time he commenced paying me attention—he asked me if I would write to him—I asked if he was engaged—he said that he was not, and about June, 1883, he asked me to be his wife, and asked if I would wait for him till after the winter, as he did not wish to make any change till after then—I had no objection to that—I had 400l. left to me, which came to me while I was at Eastbourne, and I told him about it—about 16th March I received this letter from the prisoner. (This was from the prisoner to the witness, addressing her as "My darling Pet" asking her to lend him 100l. to complete the purchase of a house, and suggesting
that her mistress's stockbroker should be, employed to sell out other money.) He had had money from me before that—he said that he had 200l. of his own, and his uncle had given him 50l. to make it up—he did not say that that was the house we were to occupy—my moner was invested in stock, and I sold out another 60l. before Christmas for him to buy an auctioneer's business—I had also some money by me, and he said I had better let him have it to put with this, and I gave him another 80l.; on 29th July that year he came again and said that his things would be sold up if I did not let him have 94l., and I sold out 100l.—he said that he would keep some of it by him and let me have it as I wanted it—that made 325l.—I should not have let him have that money to help him in his business if he had not asked me to be his wife, I had not the slightest idea that he was married—before he went to the bank with me to get the money he gave me this I.O.U., dated July 21st, 1884, and said that if anything happened to him his brothers could claim it, and he should like me to have it settled on myself.
Cross-examined. My mistress went to Eastbourne in the autumn of 1882, and we were there four weeks—the 400l. was left to me a year or two before—it was exactly 400l.—the first time I saw him was when he was taking luggage from Eastbourne station—I was staying in Gildridge Road, and a day or two afterwards I called on him at the station to more the luggage to another place—I did not on a Sunday evening go to the station about 11.30 at night, all the time I was with my mistress I waa never out after 10 o'clock—I showed the prisoner a cheque for 400l., but I did not ask his advice what to do with it—that was not the first or the second week I was there—I had seen him several times before I showed him the cheque and had been out with him two or three times—he did not laugh when I showed it to him and say "You will soon get a husband now"—he did not advise me to take the cheque to my mistress and hand it to a stockbroker, that it might be invested properly—I put it in my box, and afterwards my mistress went to the City with me to invest it—after leaving Eastbourne I sometimes wrote to the prisoner at the station and sometimes to his address, 44, Ashford Road—I did not go to Eastbourne again—I often wrote him two letters before I got an answer—I received a number of telegrams from him which I have got at home—I did not ask him to buy me a gold watch and chain which I saw at Eastbourne, I had one of my own long before—I never went to him with 20l. in my hand without his asking for it—I gave him 80l. in his room when he came to London—the I O U is dated on the day he got the 100l.—he spoke about his brother being an obstacle to my repayment—I put the matter into Mr. Greenfield's, the solicitor's, hands—I did not ask the prisoner if he was married, but I asked him if he was engaged—Mr. Greenfield told me that the prisoner offered to pay 100l. early in September and 225l. on September 27th, and with my consent he pressed him to pay at an earlier date—on 16th September a summons was obtained at Marylebone Police-court.
JOSEPH HENRY NASH . I am a fruiterer, of 8, Lime Street, Camden Town, and the uncle of the prosecutrix—the prisoner has visited my house with her as her intended husband—I had not the slightest idea that he was married, his conversation was always that he was going to marry my niece.
Cross-examined. I have another niece named Bessie who was going
to be married—I do not know that 100l. was advanced to her husband—she was married six months ago and went to live at Trowbridge—I never put the question point-blank to the prisoner whether he was married.
Cross-examined. I don't think I have seen her for the last six Years.
The Prisoner's Statement before the Magistrate. "I wish to state I had some of her money as late as last November. She never asked me if I was a married man; I never informed her."
GUILTY .— Fifteen Months' Hard Labour.
MR. BAYLISS Prosecuted.
FREDERICK TURNER . I am a dairyman, of 26, Sussex Street, Ramsgate—on 18th September, about 7 or 7.15 p.m., I came out of Ludgate Hill Station and saw the prisoner on the edge of the pavement—I wentinto a urinal in Queen Victoria Street opposite the Times office—the prisoner followed me and said "Have you any coppers?"—I said "No"—he said "I will see," and seized me violently by the throat—we struggled for a few seconds, and he dashed my head against the ironwork, which rendered me partly insensible—I fell and felt a heavy pressure, as if he jumped on me—I remember nothing more till I found myself in the hospital—I was there three weeks and am still an out-patient and still spitting blood—I lost 18s. and a watch and a brown paper parcel containing Tarious articles—this (produced) is part of my chain which was broken and left in my waistcoat, I value the things altogether at 3l. 6s. 6d.—I next law the prisoner in a cell under the Mansion House with ten others and picked him out at once, I am sure he is the man—the urinal it lighted.
Cross-examined. The man who robbed me had a moustache. (The prisoner had no moustache.)
OLIVER HOOD . I am a porter, of 20s, Peabody Buildings, Southwark Street—on a Thursday in September about 8 p.m. I was on duty on Addle Hill at the back of the Post-office Savings Bank in Queen Victoria Street and saw the prisoner walk in at the back door close to me—I laid "Halloa, what's up?"—he mumbled something about that not being the place he wanted and wheeled round, shot out at the door, and ran away—there is no passage through there—that is about 200 yards from the urinal—I am sure it was the prisoner.
Cross-examined. I have not said that the man who came in were a black jacket or that I could not swear to him.
FREDERICK CHARLES WALLACE . I was house surgeon at St. Bartholomews Hospital on 18th September, when Turner was brought in—he had a lump on the back of his head, and a rupture on his right thigh, which was likely to be done by a heavy weight such as being jumped upon—it was recent—he was just recovering his senses—he was not really sensible—he will never be well, he will always have to wear a truss—he is now an out-patient.
GEORGE SYERS (City Policeman 410). On 4th September I found Turner lying insensible in a urinal in Upper Thames Street—he was taken to the hospital—he gave a description of the man when he recovered his senses—the prisoner answers to it.
JOHN DAVIDSON (City Detective). On 19th September I saw Turner in the hospital—he described the person who assaulted him, and on 13th October about 5.30 p.m. I saw the prisoner in a urinal at Ludgate Circus—Palmer and I followed him into the Circus and I said "Claridge, you are my prisoner"—he said "What is this for?"—I said "I am going to take you into custody on suspicion of assaulting and robbing a young man in a urinal in Upper Thames Street on the 18th of last month"—he said "All right, you have made a mistake this time, I have got nothing to fear"—he went before a Magistrate at the Mansion House and was remanded to October 17th, on which day I placed him with ten other persons in the cells at the Mansion House, three of whom were dressed similar to himself, and Turner identified him—I afterwards placed him with six others and Hood identified him.
Prisoner's Defence. I never saw the prosecutor in my life. He swore I had a moustache and a white jacket, and I never wore a white jacket for years and years. I know no more about it than the ground I am standing on.
He then PLEADED GUILTY** to a conviction of felony at Bow Street on August 4th, 1882. (Six other convictions were proved against him, most of which were for loitering about urinals for the purpose of robbery.)— Eighteen Months' Hard Labour and 25 Strokes with the Cat.
MR. PURCELL, for the prosecution, having stated that the letter was marked "Private," the RECORDER considered it to be a privileged communication.
NOT GUILTY .
MR. PURCELL Prosecuted.
CLARA LONDON . I am booking clerk to Mr. Thomas Bridge, it is my duty to give out passes to the workpeople to obtain materials for making up a tent—these (produced) are three pass tickets which I gave out in the week ending 18th September, the other is not—when the ticket has been obtained the next step is to bring the work to me and have it booked out, and on finishing it she has to bring it to the examiner of work, who gives her a pass to that effect—the work is done from Thursday to Thursday, and on Thursday evening the worker brings me the tickets she has received from the examiner during the week, and I write out a cheque for the amount—this (produced) is a cheque, and is what I gave to the prisoner—the payment for each tent is 1s. 9d. with a bonus of 2d. if they do twelve within the week.
Cross-examined by the Prisoner. I was away for four days' holiday but this is the cheque I gave.
work for these four passes, each being one tent—a workman could not obtain materials for a tent without bringing me a pass.
Cross-examined. If you bring passes to me and Miss London is not there, I should not give you a tent without given you a pass.
Re-examined. I did not give the prisoner more than four tents that week.
LOUISA MORPHETT . I am examiner of work to the prosecutor—the workwomen have to bring their work to me to be examined, and when I have examined it I give them a pass—three of these are passes which I gave to the prisoner on 16th, 17th, and 18th of September—they are in the same state with the exception of the alteration of the figures from 1 to 2, denoting that I had examined two tents instead of one—these are my initials on them, but they are not in my writing; the dates of the tickets which are not in my writing are two on 12th September, two on the 13th, and three on the 15th—I did not pass seven tents to the prisoner—I am the only person entitled to examine work.
Cross-examined. I do not know your writing, I have never seen it—Miss Till left some weeks before, and I took her place.
CHARLES MITCHELL . I am cashier to the prosecutor—on Thursday night, 18th September, the prisoner brought me these two cheques—I make out the wages from the cheques and pay them less what they have already had—on this Saturday I paid 1l. 1s. 11d. to Catherine Pardner, who said that Fricker had instructed her to receive it—there is a deduction for thread; they pay for their own thread—there is a bonus.
Cross-examined. I have had many tents out without a pass—Mr. Mitchell did not call me down into the office and tell me to decline to answer all questions put to me about Mrs. Fricker.
HANNAH BENNETT . I am in the prosecutor's employ—on the week ending 11th September I had made eleven tents; I was anxious to make twelve in order to get a bonus—we have to send in our tents by 6 o'clook on Thursday—I told the prisoner I was too late to finish the twelfth tent, and she said that I could alter the examiner's paper and turn 1 into 2, and offered me a black lead pencil to alter it—I did not do so, but communicated with Mr. Briggs.
Prisoner's Defence. I am innocent, and have plenty of witnesses, but they all been threatened to be discharged if they appear; one of them who I subpœnaed was told that if she came she would be discharged.
GUILTY . Recommended to mercy by the Jury on account of her youth.— Two Months' Hard Labour.
THIRD COURT.—Wednesday, October 22nd, 1884.
Before Mr. Common Serjeant.
1013. JOHN WILLIAM STENNING (18) , Unlawfully obtaining; from John William Lovett and Thomas Tilley six pairs of boots, with intent to defraud; also to forging and uttering an order for the delivery of12 pairs of boots, the goods of Thomas Tilley.— Twelve Months' Hard Labour.
It appearing that Henry Errington, although the leaseholder of the house (the shop portion of which was broken into) had never lived therein, the Court, upon the application of MR. PURCELL, directed the Jury to return a verdict of
NOT GUILTY .
MR. WILKINSON Prosecuted; MR. PURCELL Defended.
NOT GUILTY .
MR. BESLEY Prosecuted.
THOMAS WILLIAMS . I am a cabdriver, and a member of the Hearts of Oak benefit society—I went to the office on 22nd September, about half-past 8 o'clock, it being a proper night to receive money—coming out I met the prisoner; I saw him open this piece of paper and stick it up on the office door—I called one of the clerks, Mr. Munn, to come out.
THOMAS BYFORD MUNN . I am employed at the Hearts of Oak Society, Charlotte Street—when Mr. Williams was there on the evening of 22nd September I went out and took this placard off from the pillar on the right-hand side of the door, at the entrance to the Society's premises—the paste was wet when Mr. Williams told me to take it down—on 3rd October, about a quarter to 9 o'clock, I took down this placard, and on the following morning, about a quarter to 9 o'clock. I took down this one.
Cross-examined. You must have put up the last two libels, on 3rd or 4th October, late at night, or it would not have stuck so hard to the wall—they look to me in the sjime handwriting.
The prisoner stated that he had pasted the placards on the Society's board, the last two on the 3rd. He called as a witness the chief clerk of the Hearts of Oak, and made a statement to show he had been wrongly treated by the Society.
GUILTY . In consideration of the prisoner's undertaking to publish no more libels on the officials of the Society, he was discharged, after entering into his own recognisances in 20l. to come up for judgment when called on.
NOT GUILTY .
OLD COURT.—Thursday, October 23rd, 1884.
Before Mr. Justice Day.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
CLARA MAYNARD . I lived at 131, Pentonville Road, Clerkenwell—the prisoner lived there with a man named Fraser—they passed as Mr. And Mrs. Fraser—they occupied some rooms on the top floor from April last—during that time there were five children living with them—my room was on the first floor—I used to be at home in the daytime; I very seldom go out—the children were all kept together in the top-floor back room, a very small room, without a fireplace—I saw this youngest child, Ernest, in its mother's arms in the garden once—I have seen the children at the windows in the back room, looking out over the garden—I have heard them cry a great deal—one Sunday afternoon, some weeks before they left, the children were crying so I went upstairs and tried the door; I could not open it; it was either locked or fastened, so that I could not get in—no milk used to be brought there.
Cross-examined by the Prisoner. I have spoken to you about your children when you have come in, and said your dear baby was crying—I never spoke at all about their being without sufficient food—I did not offer you food for them—I have seldom had any conversation with you—I never told you you starved your children, but I said you neglected them, why not bring them into the garden like other people's—you said they had not clothes to put on—I said "You have clothes in the room, why not put a shawl on them?"—I did not make mischief about other people's children in the house—I did not grumble about your eldest girl going up and down stairs; I did not see her till about three weeks before you left—a fortnight before you left I came home one night quite late; I heard a noise on the stairs, and next morning I was told you were ill and in bed—I never came to assist you; I never go into lodgers' rooms—you were not in bed on the Tuesday following, you were on your landing, and I heard you were beating your eldest girl—I have heard your children crying for food—I could not tell whether you left them without food, because the door was always fastened—I considered from the appearance of the child alone that you must have starved it—I have seen the baby when it has been laid on the window sill by your eldest girl, and neighbours opposite have called out about it—I told you of it when you came home, it looked so thin and ill—I did not see your baby when it came in, you brought it in at 12 o'clock at night, and I thought it was a parcel—I have not sworn that you never came in every day till midnight—I will not swear one way or the other; I know you have come in at 12, 1, or sometimes 2 o'clock—if not in bed, you have been sitting at the front-room window, waiting for Mr. Fraser; sometimes you have come home with him—I will not swear that as a rule you were not in bed at 10 o'clock—I believe you were at work for a few weeks for Mrs. Matlin—I never offered to lend you any money if you ran short, you never asked me to.
By the COURT. I do not know what position Mr. Fraser was in—he was dressed very respectable, like a gentleman; the prisoner dressed respectably.
By the Prisoner. I never saw you intoxicated—I have not known you go without a boot to your feet to get food for your children.
ELLEN TAYLOR . I live at 131, Pentonville Road, on the third floor—the prisoner and the children lived on the floor above me—they were kept in the back room—I have heard them frequently crying for food—I went
up on one occasion and took some bread and butter, but I could not get in; they were locked in—I have heard the prisoner go and ask them what they wern crying for; they said they wanted something to eat—she said if she heard them cry again she would whip them—I have been to the door about twice, and found it locked—I never saw any milk taken in for them.
Cross-examined. I never had the chance of giving your children any food; my son threw some food into the window for them—I am out from half-past 7 in the morning till 8 at night—I frequently saw you on the stairs—I spoke to Fraser on one occasion and told him he was a starving vagabond, and called the landlord to break open the door—I pitied you because the man illused you, and I thought you were a respectable woman till I saw the children in the police-court.
FRANK STRICKLAND . I am one of the relieving officers of the Holborn Union—in consequence of information, on Saturday, August 30, about 6 in the evening, I went with Mr. Hudson, District Medical Officer, to 34, White Lion Street, Clerkenwell—I there saw the prisoner and a man named Fraser; they were in the front room, second floor; the children were not in that room; there was a back room—I asked the prisoner to open the door oi that room; she did so—it was fastened, I won't say locked—I found five children there—the room was a small room, 8 feet by 7 feet, and a cubic capacity of something like 44 feet—the eldest was 10 years, the youngest 10 months—the prisoner said they were her children—I asked if the man Fraser was the father of the children—she said he was the father of four of them, but that they were not married—the air in the room was very foul, so much that no one could remain in there but a short time—there was no furniture whatever; a few dirty rags on the floor—the children's flesh and clothing seemed clean; their bodies were very emaciated, so much so it astonished one—I drew both the man and woman's notice to their emaciated state, and I cautioned them that if anything happened to either they would either or both be brought up for manslaughter—the man then upbraided the woman that she did not do as much as she could or ought to do; the woman retaliated on him and said he did not do as much as he ought—he said he was earning 1l. per week—I gave an order for the woman to fetch three pounds of meat and a quart of milk for 7 days—I went again on 3rd September to see how the children were getting on—I gave a further order for two pounds of meat—on the 5th I gave another order for three pounds of meat and a loaf—I didn't see any difference in them—on the 5th I got the defendaut and the five children to go to the workhouse—I advised her to go in for the good of the children, where they were attended to by the nurses—they have remained there ever since—on the 26th the youngest child, Ernest, died—I afterwards went to the back room where the children had been at 131, Pentonville Road; that was a room similar in size to the one in White Lion Street—at 34, White Lion Street the man was lying in bed; a mattress on the floor, no bedstead—he had on a beautifully clean new shirt—they were having a comfortable tea with bread and butter and shrimps—he was a man of good physical powers—there was a nice fire burning—there was no fire where the children were, nor a vestige of food or furniture.
Cross-examined. The doctor and myself drew your attention to the state of rour children—we did not on 4th September refuse to give you
nourishment when ordered by the doctor; I came on two occisions—I said "Will you go into the house; it will be better for you?"—I did not refuse you nourishment—a strange woman brought the certificate; if you had brought it yourself it might, perhaps, have been attended to; I don't attend to strange persons—I did not say in the first instance that I would supply you with food for a fortnight if you would remove out of the neighbourhood; I won't swear I did not—I did not say that I had a family of my own, and knew what 1l. was, and I would do the best I could for you—you came to me and said you had got no food for your children, and I said you could not legally have outdoor relief, because your children were illegitimate—I took you and your children to the workhouse in a cab; while you were in the cab you appeared to be ill, and I offered to go to a public-house and get some brandy for you—you did not have any—I gave you food on three separate occasions, on the 30th August and 3rd and 5th of September.
WILLIAM THOMAS HUNDSON . I am District Medical Officer of the Holborn Union—on 30th August, between 6 and 7 in the evening, I went with the last witness to 34, White Lion Street—I went into the back room where the children were; there were five children—the eldest girl was standing up; she was in a very good condition; three of the others were sitting on the floor; the baby was lying on the floor; they all looked very thin and emaciated, I will not "ay ill, but as if they wanted help of some kind or other—I saw no carpet or anything on the floor—I asked the mother what was the matter with them—she said the three eldest were pretty well, but the youngest had got a little diarrhœa—we went into the front room; the relieving officer has stated what passed, and I can't contradict it in any way—I told the woman to come up in the evening to my surgery, and I would give her a little magnesia for the baby for the diarrhoea—I visited them every day until they were removed to the workhouse on 5th September—I saw them on the 4th; that was my last visit—from the workhouse they were transferred to the infirmary in the City Road—I have seen them onee since, two at the Holborn Workhouse, and two at St. Luke's Workhouse about 10 days after their arrival—I was inclined to think that their state would be accounted for from want of nourishment, but I could not positively say until I saw them subsequently—when I first saw them I thought they were suffering from a strumous state; I still rf-uuiu somewhat of the same opinion—it is a difficult question to talk about—I asked the prisoner what she was feeding them on; she said on liread and water—that was certainly not appropriate food—I told her she ought to provide milk; she said something about milk, but didu't specify a sufficient quantity—a child of that age should have from two to three pints of milk daily "without other nourishment—I didn't hear her say that the child had any milk: she merely mentioned something about a little milk.
Cross-examined. I don't recollect your telling me that you were feeding the baby on boiled top crust of bread with milk and sugar added—you said something about milk, but then withdrew it; that was my impresion—I prescribed for the child; I can't say that it would have recovered bad it remained under my treatment; I was in hopes that it would recover—I advised you when I first saw you to go to the workhouse.
the 6th of September the child Ernest Wright was brought there from the Gray's Inn Workhouse; it was clean, but very emaciated—I fed it—it took its food very ravenously—I had charge of it till it died on 26th September—it was allowed two pints of milk daily, with Robb's biscuits, and half an ounco of brandy—it improved at first, but afterwards relapsed; it had no medicine—the doctor examined it, and I attended to it—I did all I could by careful nursing.
GEORGE EUGENE YARROW . I am a surgeon; I attend at the City Road Infirmary for the parish—I saw the child on its admission on 6th September—it seemed about 10 months old; it weighed 6 lb. 4 oz.—the ordinary weight of a child at that age is about 14 lb.—it was in a very emaciated and weak condition—I formed the opinion that it was suffering from privation and insufficient food—it recovered about 6 oz. in weight for the first fortnight, but afterwards relapsed and died on the 26th—I made a post-mortem on the 27th—it then "weighed 5 lb. 6 oz.—there was no disease in any of the organs; it was thoroughly examined—Dr. Moore made the examination, and I assisted him—there was no trace of any disease whatever—the examination confirmed my opinion that the child had died from privation, from want of food of proper quantity and quality—there was no fat about the body—the immediate cause of death was convulsions; that is the usual end of such cases in young children; they usually die of convulsions when they get so low, they cannot assimilate the food—in my judgment the convulsions were caused by starvation—I saw no signs of scrofula.
Cross-examined. I prescribed what I considered the child wanted—proper diet was given it and brandy the whole of the time—there was liquid food found in the stomach, beef-tea which had been given it the night previously—there was evidence of the earliest signs of rickets, which would be induced by privation—it never had diarrhœa while under my care, which was 19 days—it was properly attended to by the nurse.
MORMAN MCORE , M.D. I am a Fellow of the Royal College of Physicians and assistant physician of Bartholomew's Hospital—I have heard Mr. Young's evidence—I agree with him as to the cause of death and the post-mortem appearances.
Cross-examined. An eight-months' child is sometimes delicate, sometimes not; there is no rule on the subject—they are not usually more backward than others or more delicate.
WILLIAM POTTINGER HOLLIS . I am surgeon and deputy medical officer of the Holborn Union—I had charge of the three elder children of the prisoner—I saw the youngest, Ernest—I prescribed a little diarrhœa medicine for all the children—the youngest was very thin and emaciated, he was not suffering from any disease, he was very clean—he left mo the next day and was sent to St. Luke's Workhouse, where to was under Dr. Yarrow's care.
Cross-examined. I examined the children on entering the workhotwe—said I thought they were all suffering from want of food—I do not recollect your telling me they had been ill—I did not ask if you were ailing—I did not tell you that you required medicine; you never asked for any.
WILLIAM NASH (Police Sergeant). On 19th September I took the prisoner into custody, charged with neglecting to provide proper food for her four youngest children—she said, "It is utterly untrue"—after the death of Ernest I took her into custody for manslaughter.
The Prisoner's Statement before the Magistrate. "I have done the best I could for my children; I have parted with my home to support them. I have had a great deal of trouble during the last 18 months. I have supported them from infancy without help from relatives. I know they are very delicate."
Prisoner's Defence. I don't think I can be held responsible for my dear child's death, considering it was out of my care for three weeks, and I did not see the child till it was brought into Court. It took its food under Dr. Hudson's care, and I believe if it had had the nourishment ordered by him, port wine and beef-tea, it would have been alive now. It was always weak. I did everything I could for my children.
GUILTY .— Eighteen Months' Hard Labour.
MR. GRIFFITH Prosecuted.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAM Prosecuted.
ALFRED TURNER . I am fourteen years old, and live with my mother at 15, Clare Court, Drury Lane—she lived with the prisoner—he is not my father—on Tuesday, 16th September, I went to bed about 11 in the same room with my mother—about midnight I was awoke by my mother crying; the prisoner was there—there was some quarrelling—I saw the prisoner strike her with his fist and I picked up the poker and hit him across the back—they were both standing up—I don't know whether he had been drinking—I told my mother to come to bed, and I went and fetched my brother—I don't know how many blows were struck, I only saw one; I think there were two—the blows knocked her down—Mrs. McGregor came into the room.
MARY ANN EMMS . I live at 15, Clare Court, in the next room to the deceased—I had known her for some years—on the night before her death I was in bed—she came home at 11.30 with the prisoner, I let them in—afterwards they were quarrelling and the boy was crying very much and I heard a severe fall in their room, and the deceased gave two groans; the boy came out and called murder—she came to my room door and I followed her into her room—he face was very much swollen; she struck the prisoner in the face and he struck her back—I advised her to be quiet—I did not see that either of them had been drinking—I saw the boy with the poker.
ELIZABETH MCGREGOR . I lived in the room underneath the deceased—shortly after 12 I heard a quarrel in their room and heard the buy scream murder—I went upstairs and saw them, her face was swollen—his dress was disordered—I told them to be quiet—she said "All right little one"—they were quiet and I went bark to my room—next morning at 10 the woman was insensible and died.
WILLIAM ATKINSON . I am a surgeon of 4, High Street, Bloomsbury—on 18th September I saw the dead body of Charlotte Turner in her room in Clare Court—I made a post-mortem examination next day—both her eyes were blackened; a bruise on the left side of the mouth; a bruise on the right leg, and another on the right thigh—I should say that those injuries were done within thirty hours before death—they were such as
would result from a blow with a fist—they were not suuh as would accelerate death or be likely to do any serious injury.
The prisoner in his defence stated that the woman was very accitable and quarrelsome, and had assaulted him on this and other occasions.
GUILTY of a common assault.— Three Months' Hard Labour.
There was another indictment against the prisoner for the manslaughter of the same person, upon which no evidence was offered.
MR. POLAND Prosecuted; MR. PURCELL Defended.
NOT GUILTY .
GUILTY .— Twenty-one Months' Hard Labour.
NEW COURT.—Thursday October 23rd, and Friday, October 24th, 1884.
Before Mr. Recorder.
1025. WILLIAM HENRY SANDYS (40) to unlawfully incurring a debt and liability. (A verdict of NOT GUILTY was taken by consent upon other Counts.)— One Week's Imprisonment. [Pleaded guilty: See original trial image.]
1026. FREDERICK SELF (17) and EDWARD WRIGHT WILD (35) , Unlawfully exposing themselves in a public place with intent, &c MR. POYNTER Prosecuted; MR. GEOGHEGAN appeared for Self, and MR. E. CLARKE for Wild.
NOT GUILTY .
MR. BLACKWELL Prosecuted; MR. BESLEY Defended.
MARCUS BROMET . I am a wholesale rag merchant, of 13 and 14, Corbett's Court—on 23rd January the defendant owed me 18l. odd—he called two or three times when I did not see him, and May I he called and said he had paid all his creditors and I was the only one he owed money to—I said "Do you mean to tell me you owe nothing to anybody but myself"—he said "Yes, you are the only one I owe this money to"—he thanked me for being lenient with him, as all his other creditors had pressed him and put him to difficulty, but he had paid every one of them, and now lie was clear and could get on nicely—upon the faith of that I let him have the goods—he had asked me to let him have some rope, gunny, bagging, and paper, of which I had three or four tons in the warehouse, which he had seen—the conversation was in my private
office—he said he would pay me in a few days, both the old debt and for these goods—my father was in the adjoining room—a partition and fireplace part the rooms, but there is no lock on the door; any one seated in the other room could hear the conversation distinctly—I was present when the goods went away—I applied for payment both verbally and in writing—I called on him two or three times—I sent him this letter of 24th June. (Expressing surprise at not receiving a reply to application for payment of the small bill, and asking for a cheque.) I got no reply—I next heard that he had filed a petition—I attended the tirst meeting of creditors, saw him, and asked him questions.
Cross-examined. Mr. Reford is the official receiver—he is here—it is his duty to report to the Court if any offence has been committed against the Debtors Act, to deprive him of his final discharge, and it is his duty to keep a record of the meeting—the official receiver has made no complaint against the defendant to my knowledge. (The Record was here put in.)
MARCUS BROMET (Continued). I had not sent in any proof of my debt before the first meeting of creditors, and the chairman declined in consequence to take notes of what I said—I asked the defendant, "How long have you owed the money that is now on the file?"—he said, "Some of it two or three months, and some of it two or three years"—I said, "Do you remember coming to me and telling me you had paid all your creditors?"—he said that he did not—I have never been paid the money—I did not go to the Court for permission to bring these proceedings, but I consulted my solicitor and proceedings were taken.
Cross-examined. My father is still a sleeping partner; he has nothing to do with it but taking the interest; I manage it from beginning to end—our solicitors are Messrs. Crook and Carlill—I went to them two or three weeks after he filed his petition, one or two weeks after the first meeting—I had employed them before; they have been my solicitors three or four years—this being a criminal offence my solicitor, Mr. Cotton, of St. Martin's-le-Grand, was not able to take it—I went before Mr. Bushby and took my oath to what is put down on this statement (produced)—I swear that I believed that the goods had been sold under cost price; I maintain that I believe they Were sold under their value—I only know that the stock which was left was sold by public auction—I do not know that they were our goods—I did not swear that the interview took place in my father's presence; I may have said, "He called and I saw him in the presence of my father"—my father could see him through a chink in tho door, he was in the adjoining room—the prisoner has deak with us for about 18 months—it is not true that we received payment from him twice a year—I have said that when the amount reached 20l. he was asked for a cheque or a small bill—he paid us 22l. 9s. 10d. in August and more in December—I respresented to the Magistrate that it was the man coming to get goods out of me and not my going to order goods—this card of 29th April was sent by one of my clerks; he wrote, "To Mr. Bull. We have two or three loads of rope, black, and paper; if you will give us a call we shall esteem it a great favour," with a dash under "great favour"—I say that he came to get
goods out of me, but I cannot say that it was not through the clerk's invitation, because here it is—I did not point out some alterations in my office when he came—I may have given him whisky and a cigar, but I have not the slightest recollection of it—I showed him the goods which he had bought of us, the particular lot now in question—I did not on a bill-head of Bromet and Son pencil down the probable amount of goods which he was to have and also the prices—this paper produced is not all my writing; this at the bottom, "2 months, 10th May," is not my writing; I think it is all my writing except that—this "Hem" is my writing, that means hemp, and "Com" means common—I did not write this "2 months, 10th May," in the defendant's presence—these were the goods selected to be bought—there was 30 cwt. of rope at 9s., and he wrote this letter (produced) and told me it was only worth 8s. 3d. He also says he could not give more than 3s. 9d. for the bagging—the other goods were delivered on May 6th, and the paper on the 14th—this is my clerk's letter (Dated May 16th, stating that the price the defendant offered wan too low)—I did not receive a letter from the defendant of the 19th stating that he would not take the rope and that it would lay at his premises to my order, nor did I receive the paper back—I never parted with any of my goods after that letter—I very likely said, "There is another load of bagging and rope, please say whether you will hare them," but I did not let him have them or sell them to him—I do not know Mr. Fairweather. (Mr. Fairweather here came into Court.)—I did not swear that Bull in his presence in Oxford Street at the end of May or beginning of June was not addressed by me and asked whether he would take the goods because I wanted to get rid of them—I believe 20 cwt. of common bagging is the amount in dispute—whatever we sold him he took—I swear on 1st May I sold 4 cwt. 2 qrs. 20 lb. of common bagging and 2 cwt. 3 qrs. 22 lb. of clean gunny—these parcels are taken out of the 20 cwt.—I said at the time that I did not know whether that was my writing—it was originally 10 cwt., it is now 20 cwt., and it doei not look like my figures—I do not know what this pencil memorandum means, it is not my writing—there is not a memorandum in my writing of a sale of 20 cwt. and 30 cwt., nor is it the fact that I only delivered 4 cwt. 2 qrs. 20 lb. in one case and 2 cwt. in the other; we never deliver such a small quantity—I am not quite certain whether these are my figures—very much less goods were delivered than are on the pencil memorandum—I went on 12th December and saw Mr. Bull's brother at Settle Street, Whitechapel, and said that I did not intend to let the matter drop—my ill-feeling was commercial ill-feeling—I swear I did not say to Arthur Bull that I had no ill-feeling against his brother, or "If you were me you would like to get your money"—I did say, "But I intend not to let the matter drop"—I asked him for his brother's address and he gave it to the constable—I did not say, "I cannot do anything to him, but I shall hurt his discharge"—I said that I would stop his getting his discharge—I did not make inquiries of the official receiver as to what had become of the goods—we went to the official receiver to look at the two books, and they were missing—this is my clerk's writing in red ink—it is a delivery note from my place with paper at the back—I swore at the police-court before the post-card was produced that I had not sent a post-card asking him to come: and then it was shown to me—when I asked for the small bill I meant the invoice
—I meant both the 38l. bill and the 18l.—I did not say "small bill," I asked for a cheque.
Re-examined. This post-card was written before he failed—whatever dispute arose between us was as to the goods—we should not have let him have them if he had not made that statement to us—we never gave him credit for more than 20l., as the books will prove—I said at the police-court that my father was not actually present, but in the adjoining room—I do not know whether the Magistrate saw the post-card, but it was produced and made an exhibit, after which the Magistrate committed the prisoner—I went to his brother's because we could not find him; the constable did not know him, and I said "It is possible he may be at his brother's place.
CHARLES LANDFONT . I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in the case of Walter Frederick Bull—the petition is dated 26th June, 1884, the adjudication was on July 19th.
Cross-examined. I found by the petition that the household furniture value 60l., was at 6, Park Riding, Wood Green, but it does not describe his residence.
HENRY BROMET . On May 1st I was at Corbett's Court when my son had a conversation with the defendant—I was in the next room to the office; it is partitioned off by a door, and I could not see the defendant, but I heard what went on—I knew the defendant's voice; I have known him from his childhood—he said to my son "Do you hear a rumour is being floated about as to my bankruptcy?"—he said "What about it?"—Bull said "They have troubled me very much lately for what I owed, and I have paid everybody except you, for which I thank you very much for your consideration; I can do with a few more goods; if you sell me them I will pay the two accounts in a few days"—my son said "Don't you owe anybody a penny piece?" he said "Not a penny."
Cross-examined. They both used the words "a penny piece"—it was not this "My son said Is this so, that you don't owe any money to anybody?' and he said 'No, not a penny-piece'"—I had seen a solicitor several times, but have not talked the matter over with him—I may have said when cross-examined "I don't know whether I was ever in a police-court before"—my own Counsel picked me up and said that it was for reoeiving wool, and that I was acquitted; you defended me.
Re-examined. It is a fact that I was tried before my Lord, for receiving wool, and he stopped the case and would not let it go to the Jury.
THOMAS MERCER . I am the prosecutor's foreman—I saw the defendant when he bought certain goods ia May—Mark Bromet was with him—he examined the goods as usual—they were delivered to his carman to his order on, I think, May 5th—our books contained entries signed by the different carmen.
Cross-examined. I was present when the goods were in the warehouse, and young Mr. Bull and young Mr. Bromet were together; they were arguing a point which I did not pay attention to—I know nothing about the prices—I can read; I think this is my master's writing and figures it is very much like it.
Cross-examined. Mr. Shrimpton is my master now—when I took the
goods away, Bromet's people asked me if I was coming back for another load, and I said I thought so—when I delivered the goods, the bales were not turned over in my presence—I signed for some rope—I can't read writing.
Cross-examined. I reported that the furniture was at 6, Park Riding, "Wood Green—the estimate was 57l.—I can't say as to the nature of the goods, because I did not inspect them; the auctioneer can speak as to that—Bull was allowed 2l. 10s. a week on my recommendation—the order was for summary administration—I have never reported that he has committed any misdemeanour under the Debtors Act, but he has not applied for his discharge; he may do so after passing his examination—28 days' notice is required, but applications are not heard till October, 1884—he might have applied, but the application would not have been heard—I have made no claim, and I am not paying a farthing of the expenses of the prosecution.
Re-examined. The Official Receiver would not know the facts of his own knowledge, and I should not have instituted proceedings—it is not the practice to report to the Court till the application is made.
FREDERICK CULLINGFORD . I am a waste-paper dealer, and am the Cullingford referred to in the list of unsecured creditors of Bull—he owes me 136l. 6s. 6d. about half of which was due before May 1st—I was present at his public examination, and heard Mr. Bromet ask him questions—he said that Mr. Bull came down to his place of business and told him he was perfectly solvent and didn't owe any money, and he wanted to do business—Mr. Bromet put that question to the defendant, who said that he did not remember saying so.
Cross-examined. I do not remember that he said "That is quite false"—the last amount he paid me was a 50l. bill three or four months before May 13th, I do not remember that he paid 50l. in March—I had not dealt with his mother before he went into the business—he was there four or five years, and I dealt with him about a year and a half—I know nothing about the costs. (The file of proceedings was here put in.)
Witnesses for the Defence.
ARTHUR BULL . The defendant is my brother—I was working under him up to the time of his petition—he had three places of business and a private house at Hornsey Park—I remember this post-card coming with the words, "Give us a call, we shall esteem it a great favour"—my brother made no statement to me after going to Bromet's, he was not it the habit of doing so, he only said that some goods were coming in—the rope was part of the first delivery and there was some paper—no more rope came in on the 14th—36 or 37 hundredweight of goods came, which were placed behind the door on the left-hand side, and never went out up to the time of the official receiver coming—the rope was of very inferior quality indeed—this letter is my brother's writing: "May 15th, 1884. Dear Sirs,—Your rope is very bad, very little better than c. gunny. I am sure you cannot have seen it; we are now opening it, and cannot give a penny more than 8s. 3d., and it is dear at that, &c."—there was good ground of complaint against it, and that was to prohibit any more being sent—it laid there from May 5th to May 15th exactly as it came in, and we looked more closely into it before the letter was written—the price in the pencil memorandum is 9s., and we offered 8s. 3d.—this answer was
sent to my brother—we never had any more rope—I remember writing this letter of May 19th and posting it; it never came back through the Dead Letter Office. (This requested Messrs. Bromet to fetch the rope, as it kid there at their risk and was in the way.) We got no answer, nor did they send for it—it was properly addressed to their place in Corbett Court—of the items in this pencil memorandum 35 hundred weight of rope was delivered at my brother's place, but only a little of the common bagging—we did not send for the rest, but I think we sent for the paper—we only got a little of the one ton of clean gunny, we had no more because it was so bad—we got this post-card after the first delivery, which included some gunny. "7th May: Kindly send for the remainder of the goods by to-morrow, certain, as we must have them out by to-morrow"—we never did send—this delivery note (produced) came with the bagging, but it is for the paper, they have made a mistake—I was never with Fairweather, it was my brother—I did not see young Bromet about 20th September—he came to Settle Street, where I was in business, to ask for my goods, and said that he hoped having a little bother would not prevent us doing business—a summons was issued against him, but he said that he had no ill-feeling—I said "You must have"—he said "What will it do to him?"—he said "It may hinder his discharge and prevent him getting it altogether"—he said that he would not let the matter drop but said nothing about money—that was the last time I saw him, but I went to his warehouse and bought goods afterwards.
Cross-examined. I was in my brother's employment at a salary of 1l. 7s. 6d. a week up to his bankruptcy—I am now in the waste-paper trade, the same sort of business—my brother has been in my employ five or six weeks—I paid him 2l. a week—the business was originated by my father, and was carried on by my brother for my mother—I read nearly all all his business letters, some of them are here—this is the letter book—the letter to Bromet wat on the 12th or 17th, it looks more like 12—no letters were written before, but there may have been a lot of post-cards—I do not know that the summons for the first hearing could not be heard because it had been served at the wrong address—I swear I did not tell Mr. Bromet in the presence of a constable that I did not know there was a summons out against my brother.
Re-examined. This is the summons (produced)—my father died on 16th May, six years ago, and my brother managed the business, but not for very long—my mother had the lease of the premises, and my brother undertook to pay her 175l. a year—I am now earning money as far as I can.
WILLIAM STARK . I remember a quantity of rope coming from Bromet's to my master, Mr. Bull's place—I complained to the carman who brought it, drew Mr. Bull's attention to it, and it was arranged that it should go back—it did not go back, because Mr. Bull said that we should have to pay the van hire, and I said "Let them send for it"—it was there after the premises were closed—I complained of the bagging, it was rather dark—about 3 cwt. came out of 30 and two gunny bags.
WALTER STARK . I am the brother of the last witness—when the place was closed a dog was shut up there—I got the key, went for the dog, and saw the goods; they were all there—it was on a Friday, two days I believe after the premises had been closed.
Works—I know Mr. Bull; he was at my private office on, I think, May 22nd this year, and I went out into Holborn with him and saw three young men at the corner of Museum Street; young Bromet was one of them, and I heard him say to Mr. Bull "When will you send for more goods?"—I will swear that it was between the 20th aod the 24th.
THOMAS WOOTTON . I am a solicitor in partnership with Mr. Wood; we have been acting for the defendant in this bankruptcy—the letters from Bromet and Son which have been read, came into my possession after the first adjournment at the police-court—I was told that the papers were left on the premises, and advised that search should be made for them—Bull brought them to me after the first hearing—there were no post-cards at first.
The defendant received an excellent character.
NOT GUILTY .
THIRD COURT.—Thursday, October 23rd, 1884.
Before Mr. Common Serjeant.
(For the cases tried this day see Essex Cases.)
OLD COURT.—Friday, October 24th, 1884.
Before Mr. Justice Day.
1031. EDWARD SPROULE (35) was indicted for feloniously using a certain instrument upon the person of Emily Stannard, with intent to procure her miscarriage, and EDWARD THOMAS (36) for feloniously inciting him to commit the said felony. Other Counts varying the form of charge.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GROGHEGAN appeared for Sproule; MR. FULTON with MR. OVEREND for Thomas.
SPROULE— GUILTY .— Fifteen Years' Penal Servitude.
THOMAS— GUILTY .— Five Years' Penal Servitude.
(Thomas received a good character.)
MR. POLAND Prosecuted.
JOHN SMITH COONEY . I am a fireman on board the Ardmilly, a ship sailing under the British flag—on Friday, 6th September, she was lying alongside the quay at Smyrna—Alexander Thompson was a fireman on board—the prisoner was also a fireman—some of the men went ashore that night and were drinking, and on Saturday morning the prisoner and deceased were both drunk in the forecastle—I got a kettle of boiling coffee from the galley holding about six pints, and the prisoner took it
up and poured it over Thompson from his waist downwards—Thompson was only in his shirt—the prisoner did not say anything when he did it—I told him it was hot, and it would scald the man—he was badly scalded—he was taken to the hospital next day—the prisoner was drunk, too drunk to work—when sober he said he was very sorry for it—we sailed from Smyrna on the 10th, leaving Thompson there in the hospital—I went to tea him there several times—Peter Reed, one of our shipmates, was also left in the hospital.
Cross-examined by the Prisoner. I wrote to the deceased's wife—I did not tell her that it was accidentally done; I merely said that he had been scalded, and that we had to leave him in the hospital, but that he was not severely scalded, and would very likely be home in a week or two by one on of the Company's boats—we used the kettle for cold water to drink between meals—Thompson did not say that he did not get much attention at the hospital—the black cook was attending him.
Re-examined. The kettle was always used for the meals.
JAMES CAMERON . I am boatswain of this vessel—I was in the forecastle on Saturday, 6th September—I was sitting at my meals and I heard Thompson say "We can carry no more of that water," and the prisoner said "That is the last of it, you old b—"—it was reported to the captain.
WILLIAM SELFIE . I am a fireman—I was in the seaman's forecastle and saw Thompson there in his shirt—I saw the prisoner pour the coffee over him from the kettle—on the way home the prisoner said he was very sorry for it.
PETER REED . I was cook on board the Ardmilly—I was ill at Smyrna and went into the British Seaman's Hospital there—Thompson came in after I was there—he had been one of the firemen—he was very ill there—Dr. McCraith used to attend to him—I assisted in looking after him when I got better—on 16th September the doctor saw him at 6 o'clock, and at 8 the same night he died—I laid him out and afterwards attended the funeral.
JAMES McCRAITH . I am a Fellow of the Royal College of Surgeons—I was surgeon in charge of the British Seamen's Hospital at Smyrna—on Sunday, 7th September, I saw Alexander Thompson when he was admitted to the hospital—he was suffering from severe scalds over the lower part of the abdomen, the upper part of the thighs, the peroneum, the back and lower part of the spine, the scrotum, and penis; very nearly one-fourth of the body was scalded—I immediately formed a very unfavourable opinion—I attended him to the 16th, and did everything I could for him—I saw him that evening between 5 and 6 o'clock; he was then dying, and I warned the proper authorities of the fact—his death was reported to me the following morning—his death was caused by the scalds—I have been connected with the hospital 18 or 20 years.
JOHN REGAN (Police Sergeant). On 26th September I went on board the Ardmilly; the prisoner was brought up to me—I told him he would be charged with causing the death of Alexander Thompson, on board the Smyrna, by pouring a kettle of hot coffee over him on 6th September—he said "Good God, is poor Sandy dead?"—I read the telegram to him anouncing his death—he said "Poor fellow, I am very sorry; I did not dink he would die; we were always the best friends, always skylarking
together—we had been drunk together, and were drunk at the time; if he had been in any other hospital he would have got over it.
Prisoner's Defence. I don't recollect anything about it; I have a very vague idea of doing it. We were always larking about and throwing water at each other in the forecastle. We were all new to the sea; he had only been one voyage, and I had only been 12 months.
GUILTY . Recommended to mercy by the Jury. The captain gave him a good character.— Six Weeks' Hard Labour.
THIRD COURT.—Friday, October 24th, 1884.
Before Mr. Common Serjeant.
1034. MARY ANN INGRAM was again indicted for feloniously by fraud taking away Elizabeth Eliza Dunnage, a child seven weeks old, with intent to deprive the father of its possession. Other Counts, for harbouring the child and stealing the clothes.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted.
ELIZABETH DUNNAGE . I am George Dunnage's wife; we live at 75, James Street, Bethnal Green—in September, 1878, we were living in Cutworth Street, Bethnal Green—on 4th July in that year I was confined of a female child—on 11th September I gave my baby to a young woman named Biggs to take out for a walk—she was my servant, and 11 years old—it was between 11 and 12 o'clock in the day—my baby was wearing a blue woollen scarf, a plain white bedgown, flannel blanket and binder—I had nursed and attended to the child from its birth—Biggs came back without the child, made a communication to me, and I gave information to the police—in the present month I was sent for to the Bethnal Green Station and saw a child there, which I recognised as mine—I think the clothes were worth about 4s.—I never noticed any marks on the child, she was seven weeks old when stolen, and very small—I identified her by her features only.
Cross-examined by the Prisoner. There is no particular mark on her that I can recognise her by; I have not examined her, I have not seen her stripped.
HENRIETTA BIGGS . I live at 101, Collingwood Street, Bethnal Green—in September, 1878, I was living at 40, Cutworth Street, and took Mrs. Dunnage's baby out for a walk between 1 and 2 o'clock—it was dressed in a pale blue woollen scarf, a plain bedgown, and a flannel and binder—when coming down the Cambridge Heath Road, I turned down by a public-house called the Three Colts—the prisoner spoke to me—she was dressed in a brown dress, Paisley shawl, and black bonnet—she asked me if I would go to Mrs. Harcourt's and ask for the woman up-stairs—I went—Mrs. Harcourt kept a chandler's shop in Three Colts Lane—the prisoner said "Let me hold the baby while you are gone"—she took the baby from me and said "Make haste, and I will give you a penny"—I came back in about five minutes; the prisoner and child were not there—I gave information at the police station before I went home—a few weeks ago I was sent for to Worship Street Police-court, and saw
about 11 women in a line in the cell passage—I touched the prisoner on the shoulder and said "That is the woman"—when she took the baby from me she had a wart on her eye, and when I touched her at the police-court that wart had gone—I am sure the prisoner is that person.
Cross-examined. I am quite positive it was you—I am quite sure you were in a dress and Paisley shawl.
CHARLOTTE TAYLOR . I am John Taylor's wife, of 2, Fordham Street, Commercial Road—in September, 1878, we were living at 118, Commercial Road, in the front room, first floor—the prisoner lived there in the front room when I first went there; from that she moved to the front kitchen—I knew her as Mrs. Ross; she lived there with a man who passed by the name of Ross—in September, 1878, I went out with my landlady, marketing—the prisoner wore her old-fashioned washed-out Paisley shawl—she had a wart on one of her eyes—I had known her about nine or ten months before September, 1878, during all which time we had lived in the house together—she had had that wart on her eye all this time—on Saturday, 13th September, the prisoner called me into her room and asked me to look at a baby then in bed—I took it in my arms and said it was a very fine baby for a week old, it looked more a month old than it did a week—she was supposed to have been confined at the beginning of the week—I did not notice that she was in the family way—she was not ill when she called me in, nor previous to that had she spoken about being in the family way—she had not been in bed except when going to sleep at night—she had said nothing before I said it looked more like a month old than a week; she made no answer to that—she did not suckle the child, she brought it up by bottle.
Cross-examined. You wore an Ulster when you went to business—you wore a shawl sometimes; you used to take the baby out in the shawl.
By the COURT. I was a married woman then.
HARRIET GARRETT . I am James Garrett's wife—we live at 2, Gormer Street, Bethnal Green—the prisoner is my daughter—her proper name is Mary Ann Smith—she was married to a man named Smith, but she lives with a man named Ingram or Ross—I do not remember where she was living in 1878, but she came to my place bringing a child with her between 9 and 15 months old—it was more than two months old—when she first came to my place the child was wrapped up, and I should think it was six, seven, or eight weeks old by its appearance—before she brought it at all I had seen no signs of her being in the family way—I did not know of her being in the family way—she has no family—she sometimes left the child with me to take care of—she said it was hers; she said its parents went down in the Princess Alice—I remember once taking the child out and going into a public-house, and an old lady admiring the child, and my telling her that the child's parents went down in the Princess Alice, and the prisoner cbided me and said tihe did not wish me to say so—the child wan not vaccinated then—my daughter had a wart on her eye for years; I did not know of that having been since removed, till I was told, I believe it is not there now—I believe Ingrain's Christian name is George—they were living in 1878 in a turning between Commercial Street and Mile End Road, but I do not know the name of the turning.
Cross-examined. I gave you a great many old clothes for the baby—very possibly you came and asked me what to do when the baby had the
thrush, and I told you, bat I do not remember—I had it in my charge when it had the measles, and you paid 1s. 6d. a day to Dr. Bates—you have had it in your charge ever since, and have been a good mother to it and done your duty by it in every respect and way, and treated it like your own.
By the JURY. I never heard that my daughter made any application to the Mansion House Princess Alice Fund.
MARY ANN SMITH . I am a widow, of 2, Violet Street, Bromley-by-Bow—in February, 1882, I lived at 79, Sutton Street, Commercial Road, and in that month the prisoner, with a man who passed as her husband, took apartments in that house, which was my son's; I lived there—she had a little girl about 4 years old, who I have seen in Court to-day—after she had been in my house a month my daughter-in-law was about to be confined, and the prisoner seid she was in the same way about seven months gone—about the beginning of May, in the afternoon, she sent for me to her room—I found her in bed—the little girl was in the room—she asked me if I could keep a secret—I said, "What is it?"—she said, "Dolly, the little girl sitting there, is not my child, the parents of tho little girl went down in the Princess Alice"—she told me she never had a child, and that it was brought to her by a woman—she did not say what woman—she said it was about a fortnight old when brought to her, and that the woman said she did not know what to do with it, and must throw it on the parish, and she said, "Don't do that, I will take it"—she told me not to tell her husband, for she did not want him to know but that it was her child—I remember Dr. Fennell coming there—the prisoner told him she never had a child, and pointing to the little thing she said, "That is not my child"—she was rather stout—there was no child born at that time.
Cross-examined. You were always a good mother to the child, and always did your duty by her.
The prisoner in her defence stated that the child was an illegitimate one of her brother-in law's, which he had brought to her when two days old, and which she had been a good mother to and treated with every care since; and that before her brother-in-law died three years since, he asked her never to let her sister, his wife, know anything about it; and that the child had a mole at the bottom of her hack, a light-brown mark at the bottom of her neck, and that she used to squint.
GUILTY . Recommended to mercy by the Jury.— Six Months' Hard Labour.
HENRY OLLE (Policeman N 247). On October 9 I was on duty in the Victoria Park Road; at about twenty minutes to 12 my attention was attracted by a noise in the area of No. 315, the prosecutor's house—I turned my light on, and saw the bottom sash of the area window was pushed up, and that the prisoner was half way in, to his waist—I said 44 What are you doing down there?"—he said "I found the window open, I went down to shut it"—I seized him, and asked a gentleman passing by to knock at the door for me, so that I should not lose the
prisoner—he did so—the landlord, Mr. Buckley, then came down, and I asked him if he knew the prisoner—he said "No"—I said "I found him in the area half way in," and he gave him in charge—I searched the prisoner at the station, and found on him a bottle of acid used for testing silver, a burglar's knife, used for opening windows, a piece of rag, a few tracts, a piece of paper with my number on it, and other articles—he said nothing in answer to the charge—I looked at the window and found marks on it, as if the knife had been used to open it.
By the COURT. There is a garden of about four feet in front, it slopes down to the area—you go down steps to the area, through a gate which was closed—he was inside the closed gate.
Cross-examined by the Prisoner. I did not ask you if you lived there—you could not have made your escape going to the station, if you had tried, I had hold of the sleeve of your coat—I did not say that all I could charge you with was being in the area.
RICHARD BUCKLEY . I live at 315, Victoria Park Road—on the 9th inst. I fastened up the house myself, shortly before 11 o'clock—the window in question was fastened by a nail that went between the two sashes—it was shut down and securely fastened—there had been a screw, but the screw was lost, and the nail was in place of it—about twenty minutes to 12 o'clock I was roused by a knocking at the door, came down, and saw the prisoner and the constable—I gave him in charge.
Cross-examined. The constable did not say he found you half way through the window, he asked me if I knew you—the nail securely fastened the window, which could Bot be opened unless force was used from the outside—there are marks on the nail which shows it has been tampered with; it was found down in front of the window—there were flower-pots on a table inside the window, they were not disarranged at all—I did not see the constable handcuff you—I could not say if he handled you.
The prisoner, in his defence, stated that he was passing the house, and was transferring a piece of paper with memoranda on it from one pocket to another, when the wind blew it into the area; that he went there to look for it, and after ten minutes' search was coming away, when he noticed the window was open; that he went to shut it, and that the constable then stopped him, and asked if he lived there; and he asserted that the acid was for the purpose of destroying rats.
He then PLEADED GUILTY** to a conviction of felony in October, 1876, at Newington Sessions. On that occasion he was sentenced to Ten Years' Penal Servitude, and was now out on license with two years unexpired. He had previously had sentences of Five and Seven Years' Penal Servitude.— Eight Years' Penal Servitude.
OLD COURT.—Saturday, October 25th, 1884.
Before Mr. Recorder.
MR. GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. POLAND and HORACE AVORY Prosecuted; MR. GRAIN appeared for Whalley, and MR. FILLAN for Herbert.
ALEXANDER WAY . I am a clerk in the service of Bear and Co., auctioneers and estate agents—they were entrusted by Mrs. Gamble with the letting of her house—on the 18th of April last the defendant Mr. Whalley came to our office and executed this agreement for taking the house at a rental of three guineas a week, payable 12 weeks in advance, amounting to 44l. 2s.—he signed this agreement in my presence—he was asked for cash—he gave this bill (produced) for the 44l. 2s., drawn by himself and accepted by Cavalierro and Co.—it is payable at sight—it went through our bank and was returned dishonoured.
HENRY BRIANT . I am clerk to Bear and Co.—on 17th and 18th April last I was employed by them to make out an inventory of the goods and effects at 26, Coleherne Road, South Kensington—this is it (produced)—I saw Mr. Whalley the day he signed the agreement—I saw him sign it—he did not sign the inventory—on 19th April I went through the inventory with Mr. Denyer, a clerk in our office, he was assisting me—I did not see Mr. Whalley with reference to the inventory—we were acting as mutual agents, for both parties—Mr. Whalley suggested it, in the hurry—he said that he had no particular agent, and would we do it for him; and we did—all the things mentioned in the inventory were safe in the house on the 19th of April—a room at the end of the passage on the ground floor was locked up, and other things were sealed up—there was a double chest of three drawers in a back bedroom on the second floor—I cannot trust my memory as to what else, it is in the inventory—some wine was sealed up, an oak chest in the library was sealed up, and two box ottomans in the bedroom behind the drawing-room; I believe that was all—none of those things, or those in the locked room, were included in the inventory—I gave up possession of the house to Mrs. Whalley on the 19th of April—on the 29th of August I again went to the house—I then found that the seals on all the things I have mentioned were broken—Mrs. Gamble, in my presence, tried to get into the room that had been locked, but she could not do so—I had to send for a locksmith to get the lock undone, we then found the room in a state of great disorder.
Cross-examined by MR. GRAIN. The locked room was a small ante-room—I don't know what was in it—I did not ascertain that Mr. Whalley was elected as M.P. for Peterborough in 1880—I cannot say that I heard it—I did not myself make inquiries—I believe our firm did—Mr. Whalley did not take an active part in this matter, he was very heedless and careless about it—I don't know that it was done in an unbusinesslike way; it was done quickly; he said "Act for both parties," as he was going to take possession next day he had not time to give express instructions to any agent that he knew.
Cross-examined by MR. FILLAN. The little ante-room was at the end of the passage usually known as a garden room.
MARY GAMBLE . I reside at 26, Coleherne Road, South Kensington—on 18th or 19th April last I let my house through Messrs. Bear and Co. to Mr. Whalley upon the agreement produced—I was present when he signed it—when I left the house the locked room at the end of the passage contained a chest of plate, which was covered entirely with books piled up, a number of boxes, tables, china, packing-cases, and an immense quantity of parcels of various descriptions; there was also a wardrobe in the room; there was no plate in that except the silver fittings of a dressing-case, and there was some jewellery in the dressing-case—the wardrobe was locked, but not the plate cheat—there was a chest of drawers in the house, sealed, not locked, containing jewellery—in the wine cellar there was a bin, sealed, containing four dozen champagne and claret—I gave up possession on the 19th April—on 25th April I gave the key of the locked room to my servant Rosina Stone for the purpose of fetching something that I wanted—she brought me back the key—on 30th August, in consequence of what I heard I went to the house—I found there a servant named Coleman—I first of all wont into the front room in which I had left, the sealed chest of drawers—I found the seals broken and the tapes taken off—I missed from that chest of drawers two lockets, a cameo brooch, a miniature, a chain, and some rings which I had left there, and which I have since seen at different pawnbrokers' shops—I did not examine any other place that day—next day, the 31st, I opened the oak chest which had been in the library, locked—I missed several articles of plate from that—on 1st or 2nd September I went to the wine cellar, and found that the sheet had bean taken away and the seals broken and the wine gone—I tried to open the door of the back room; I had to send for a locksmith to get it undone—I then noticed that the door was broken just above the lock; I found the room in disorder, the plate chest was open, and all the plate gone except a pair of candlesticks—some plated articles were lying about the room—I also missed some plate from an iron box in the chest in the library; also about 2l. in gold and a little silver from a box—I am not positive that that box was sealed, it was nailed down—I did not discover any broken seals—I have since seen a great quantity of this property at different pawnbrokers'—I missed altogether about 200l. worth of property.
Cross-examined by MR. GRAIN. The looked room is quite a small one at the end of the passage, large enough for a small bedroom—it was quite full; the floor was filled with parcels, books, tables, and china, very little standing room was left.
ROSINA STONE . I am in the service of Mrs. Gamble—by her instructions I assisted to lock up the house before we left on 18th April—on 25th I went by her instructions with a key to fetch something out of the locked room; Mr. Whalley was then in possession—I fetched what I wanted and left, locking the door after me—everything in the room was safe then.
WILLIAM MARTIN . I reside at 9, Gate Terrace, Leytonstone—in July this year I was in the service of Mr. Miles, a locksmith, in South Kensington—some time in that month I was sent by my master to 26, Coleherne Road—I saw Herbert there and Mr. Whalley afterwards—Herbert told me to repair, the lock of the back room at the end of the passage and replace it; the lock was there but very much broken; it had been
forced open—while I was repairing it I saw Mr. Whalley going down to his breakfast—he could see what I was doing.
Cross-examined by MR. GRAIN. I was called in to do some other repairs, nothing to do with this lock—the order was given at the shop—I only saw Mr. Whalley passing about the house.
Cross-examined by MR. FILLAN. When I saw Herbert he was going down to his breakfast, or in the breakfast parlour—he did not go there with me—I told him I had nearly finished what I had to do, and he asked me would I be kind enough to repair the lock—I was doing the repairs for Mr. Whalley.
EMILY COLEMAN . I am a domestic servant—some time in July I was engaged by Mrs. Whalley as a servant at 26, Coleherne Road—Mr. Whalley was residing there with Mrs. Whalley and another lady; Herbert was also living there—those persons continued residing there all the time I was there—a man named Fraser came to the house once; I saw him once, he came one Sunday and stopped the night—when I first went to the house the door of the room at the end of the passage on the ground floor was unlocked—I think I went into the service on 12th July, I am not sure—I never went into the room and never looked into it—I saw them all in the room, Captain Whalley, Mrs. Whalley, and her sister and Herbert, only on one occasion—I don't know what they were doing in the room; they were moving about; I could hear things moving about, like books falling—I never noticed that there were any books there on the plate chest, but I could hear books falling—I noticed when I went into the service that one side of the bins in the wine cellar was sealed up—it was not sealed when I left—Captain Whalley unsealed it, I saw him do it, and he took three bottles of champagne from it, and the wine was drunk at the table; and the same night he took three bottles of claret from that bin—I remember their leaving the house—they all left together except Herbert, he left on the Thursday afterwards—I don't remember on what Thursday—I left I about a week after they went—I think it was in September—Herbert left on the Thursday between 4 and half-past in the afternoon—it was about 28th August—Mr. Whalley left about half-past 12 the same night with Mrs. Whalley, the other lady, and a Captain Nicholson; they all left together in cabs—I did not know where they were going I till about half-past 10 the same night, Mr. Whalley then told me they would be back on the Monday—I was not paid my wages before they I went—Captain Nicholson ottered me 10s., he was there the same night—they never came back.
Cross-examined by MR. GRAIN. I looked into the little room once, when I was coming up the stairs, when they were in the room—I am sure I saw them in the room—I said at the police-court that I heard them in the room; I heard them and saw them—I am quite certain that I saw four persons in the room, and that Mr. Whalley was one of them; it was about the middle of the day—the door was open, not wide open, but so that any one could easily see—you could only see one side of the room, not all over it—when I saw Mr. Whalley take the sheet off the bins in the cellar I was waiting outside—there were several cases inside the cellar on the bricks, and some outside which had not been opened—I only sat two—the sheet was not removed before, I am quite certain of that—when Mr. Whalley went away, on the 28th, he told me to take care of the house
till he came back on Monday morning—he did not say that a solicitor's or auctioneer's clerk would come on the Monday—a clerk did come on the Monday, and took possession of the house—Captain Nicholson came in a cab to fetch the Whalleys when they went away—Herbert had gone some time before, he went about 3 or 4 o'clock in the afternoon, and Mr. Whalley and family left about 1.30 next morning.
Re-examined. Somebody came on the Friday, the day they left, and took possession of the house—when Mr. Whalley took the wine from the cellar Mrs. Whalley told him not to take it—I can't remember what he said—there was no more wine in the cellar.
Cross-examined by MR. GRAIN. I did not say anything at the police-oourt about what Mrs. Whalley said because I was not asked the question.
KEDDY RAY FLETCHER . I am a solicitor, of 18, Finsbury Circus—on 6th July I received instructions from Mrs. Gamdle to act for her in this matter—on 22nd July I wrote to Mr. Whalley for payment of the rent—I afterwards sent a formal notice to quit through Messrs. Bear—I afterwards took out a summons on Mrs. Gamble's affidavit, under Order 14, for the purpose of getting possession—I was not able to get any rent—the summons was heard on 28th August—Mr. Leslie Pole, acting for Mr. Whalley, attended, and the order was made for possession—on that same day I saw Mr. Whalley about half-past 2 o'clock in the afternoon—I did not personally know him before—he brought a letter from a firm of solicitors, asking for time—he handed it in, and asked for time to clear out of the house—I told him that under the circumstances I could not rive him any time; what I could do was this, if I received a telegram from his agents by 10.30 the following morning I would not lodge the writ with the Sheriff—he thanked me for the way in which I had seen him, and left—I did not receive the telegram at 10.30 next morning—I waited till about 11 o'clock, and then caused the writ to be put into the hands of the Sheriff.
Cross-examined by MR. GRAIN. I told Mr. Whalley that he must clear out or he would be forcibly ejected, unless I had a telegram from the auctioneers by 10.30.
THOMAS WILSON . I am assistant to Mr. Soames, pawnbroker, of 299, Fulbam Road—on 19th June this year Herbert pledged this silver mug for 25s., in the name of William Herbert, 129, Inborough Road, and on the 24th a cameo brooch for 1l. in the same name and address; on 26th June a locket for 25s., and another locket for 10s. in the same name; on 28th June a silver milkpot for 30s., on 8th July a silver pap boat for 6s., on 9th July four silver bottle stands for 1l., on 11th July a small silver waiter and silver mug for 2l., on 15th July a pair of silver saltcellars, a pair of solitaires and collar-studs for 1l. on 16th August, three blankets for 7s. by a woman in the name of Louisa Braddish, 112, High-field Road—all the things except the blankets were pledged by Herbert—they have all been shown to Mrs. Gamble—I have them here now.
Cross-examined by MR. GRAIN. I have no recollection of ever seeing Mr. Whalley.
JOHN WILLIAM DAVIS . I am a partner in the firm of Davis Brothers, pawnbrokers, of 28, Catherine Street, Strand—on 15th July a dressing-case was pledged at our shop in the name of Joseph Herbert, 26, Coleherne Road, for 25s.—I did not take it in—on the same day a dressing for 25s., a gold chain for 4l., and a silver snuff-box 15s.—they have
all been identified by Mrs. Gamble—on 11th July I was present when two silver muffineers, a milk jug, candlestick, nine dessert-spoons, ten works, two tea-spoons, four egg-spoons, four sauce ladles, four salt-spoons, one sugar ladle, three table forks and butter knife, all silver, were pledged for 16l. by Herbert and Fraser, in the name of Thomas Bruce Herbert, same address—I had known Fraser or sometime; he represented that they belonged to Herbert—I do not know Mr. Whalley—the things have all been shown to Mrs. Gamble.
WALTER DAVIS . I am a partner in the firm of Davis Brothers, of 28, Catherine Street—I was in the shop on 21st June when a gold chair was pledged in the name of Fraser—I knew him"—he came alone—on 24th June he pledged a miniature for 1l., on 28th June a silver teapot for three guineas, on 2nd July eight coats, seven pairs of trowsers, and three waistcoats for 2l. 5s., on 8th July a silver ladle for 1l. 6s.—I recollect on two occasions Herbert being with Fraser, and Fraser told me to Herbert's presence that he (Herbert) was coming into a large fortune, and he just wanted a little to go on with till he came of age; that was when I asked him how he accounted for having all these things to pledge—Fraser always came alone or with Herbert, nobody else—on 10th July three coats, three waistcoats, and one pair of trowsers were pledged for 18s.; on 14th July a silver cigar case for 18s.; on 15th July a silver snuff-box for 15s., and a gold chain for 4l.; all by Fraser—I took in the dressing-case on the 15th in the name of Herbert—all the articles have been identified by Mrs. Gamble.
BENJAMIN POOL . I am assistant to Messrs. Campbell, pawnbrokers, of King's Road, Chelsea—on 11th June, 1884, two persons called—I cannot recognise Herbert—I should know the other person if I saw him—they pledged a gold watch for 5l. in the name of John Fraser, 17, Queen Street, Brompton—on 19th June a silver mug, knife, fork, and spoon for 15s., and on 21st June a ring and bracelet in the same name—Mrs. Gamble has seen and identified the articles.
JOHN SMITH (Police Inspector). At 8 o'clock on the night of 18th September I went to 20, Leinster Square, Bayswater—I inquired for Thomas Herbert, and saw him—he said "I know what you have come about, I have been expecting you"—I told him I held a warrant for his arrest, and read it to him—he said "Yes, I know there has been several things pawned, and I helped to pledge them for Whalley, as he said it would be all right"—I took him into custody—on the way to the station, in a cab, he said "I should not have pledged these things only that Whalley assured me that they would be redeemed within a week or so; I have helped to live upon them, like Whalley; I have been to Boulogne, but I did not want to be arrested there and I came back I intended to have enlisted in the morning." On 30th September I went to Boulogne, and there found Whalley in custody, detained under an extradition warrant—I told him that I was a police officer from London and that I held a warrant for his arrest—I read the warrant to him—he said "All right; what prison are you going to take me to?"—I said I was going to take him to London—on the way back, on board the past, he said "Have you a warrant for Fraer?"—I said "No"—I had not said a word about Fraser up to that time—he afterwards said "Supposing this matter goes against me, what term of imprisonment do you think I shall get?"—I said "That is a question I cannot possibly
answer"—afterwards, when taking him from Charing Cross to Chelsea, he put the same question, and I gave a similar reply.
Cross-examined by MR. GRAIN. I have the warrant here—he was kept in France for some days before he was extradited—the warrant was issued on 5th September—I apprehended him on the 19th—he was detained there till the 30th.
Cross-examined by MR. FILLAN. I have made inquiries about Herbert—I believe he has hitherto been a respectable youth—I have ascertained that he was apprenticed to the merchant service and been to see—I have heard that he went to America with Mr. Whalley, and that he invited him to stop with him and his wife at Coleherne Road—what he said was that Whalley had told him when he pledged the things that it would be all right—I made a note of it at the time, not half an hour afterwards—he said nothing about Fraser; I believe he did once mention Fraser's name—he did not say that Fraser as well as Whalley asked him to pawn the things—when he mentioned Fraser's name it was not in connection with his pawning—he did not say who had helped to pledge them—he merely said some one had helped to pledge them—he said he knew a named Eraser, he had been there also.
WHALLEY— Nine Months' Hard Labour.
HERBERT— Three Months' Hard Labour.
MESSRS. MNTAGU WILLIAMS and SAFFORD Prosecuted; MESSRS. MORGAN LLOYD, Q.C., and BESLEY Defended.
After some conversation between the Counsel, upon the defendant, who was the proprietor of the newspaper, having apologised for the appearance of the alleged libel, and undertaking to give up the name of the writer, the Jury were discharged from giving a verdict.
MR. LOWE Prosecuted; MR. KEITH FRITH Defended.
CORNELIUS LOTON . I live at 52, Tollington Park, N., and am a clerk—I had a Humber tricycle to dispose of, which I advertised in the Exchange and Mart, and on the morning of 8th September the prisoner called on me—he said he had come from the Surrey Machinist Company to look at the tricycle, and he showed me this letter. (Read: "Liverpool National Steamship Company, Limited, 36 and 37, Leadenhall Street. To the Surrey Machinist Company, 57, Charing Cross. Kindly let one of your men go and see the tricycle advertised genuine Humber for 19l. at 52, Tollington Park. I enclose cheque for 19l. If you think it worth it you can purchase it, and send it up to my house at once. George Wheeler.") The prisoner looked at the tricycle—he said it was not good, and all that kind of thing, which is usual in buying, but he said he would have it, and gave me this cheque for 19l., signed "George Wheeler"—it is on the Union Bank, Charing Cross—he took the tricycle away—I gave the cheque to a friend—he went to the bank to cash it, and it was returned marked "No account"—I saw the tricycle again on 1st October—I recognized it by the number 1002, by the handle, and the foot rest—I let the
prisoner have it thinking of course that the cheque was all right, and believing what he said.
Cross-examined. He took the cheque out of the letter; it was in an envelope—he said he was sent by a gentleman belonging to the Surrey Machinist Company.
JAMES MORRIS SUTTON . I am a cashier at the Charing Cross Branch of the Union Bank of London—no one of the name of Wheeler banks there—I marked the cheque; it is taken from a book that was stolen from one of our customer's counting-house four years since.
JOHN SAMUEL SMITH . I am manager to the Surrey Machinist Company—I do not know the prisoner—he was not employed in any way by the company—the company did not send him or authorise him to go to Mr. Luton's on 8th September to look at the tricycle—I know nothing of this letter or cheque—I know no person of the name of George Wheeler.
Cross-examined. There are about 70 hands in our employ, ranging from managing clerks down to boys—there are seven partners at the head of the firm—I am the only representative of the company here—I can say of my own knowledge that no one sent him from the company.
THOMAS JAMES HOOPER . I live at 34, St. George's Place, Knights-bridge—on 3rd September I saw a tricycle advertised for sale in the Exchange and Mart—I answered it, and on the 8th a tricycle was brought to me by a man supposed to be J. Smith, of 36, Grosvenor Road—I don't believe the prisoner to be the man—I purchased it for 8l., and kept it with others in Alpha Road, St. John's Wood—the prosecutor saw it there, and identified it—I produce the receipt which I got for it.
JAMES NEWBURY . I am a clerk in the office of the National Steamship Company—we have no one in our office of the name of George Wheeler—this letter is not written upon paper used in our office—the colour is different, and the heading is not the same.
WILLIAM JOSEPH COOPER . I am overseer of the printing office of Straker and Company, Ludgate Hill—on 2nd September I received an order for headed note paper—I could not recognise the man who gave it—the order was for four reams of note paper with the heading of the National Steamship Company—this letter is written on a sheet of that paper; a portion of it was taken away either that morning or the morning after by the person who ordered it—the remainder was sent to the office of the National Steamship Company, who said that they had never ordered it—I think the prisoner is something like the man who ordered it.
Cross-examined. The prisoner said "I did not write the cheque"—the cheque looks as if written by an educated man.
Re-examined. I have seen the receipt given to Mr. Hooper; it is not in the same handwriting as the cheque.
ALEXANDER ARMSTRONG . I live at 78, Arlington Road, Tulse Hill—in the early part of September I had a Humber Tandem Convertible nearly new tricycle which I wanted to dispose of—I advertised it in the Exchanges and Mart—I received this reply on the same evening. (Read: "Rickett, Smith, and Company, Pimlico Depot, Grosvenor Road, 20th September, 1884. I have requested a bicycle maker to view your Huinber Tandem; 1885. if perfect, he is empowered to buy at once. J. Smith.") About 11 o'clock
next morning the prisoner called—he said "I have called from Messrs. Bickett and Smith to see your Humber Tandem" and asked me show it him—I asked who he came from—he said from the Surrey Machinist Company—I showed it him; he expressed himself perfectly satisfied with it, and handed me this cheque on the Union Bank: for 26l. 10s., signed "Joseph Smith"—he went away with the tricycle—I presented the cheque at the Union Bank, and it was returned marked "No account"—I saw the tricycle again on 27th September in Pimlico in the possession of the police, and identified it—I let the prisoner have it thinking that the cheque was a good one, and believing what the prisoner said.
Cross-examined. He said that Bickett and Smith had instructed a bicycle maker to send one of his men to view the machine, and that he was the man sent from the Surrey Machinist Company; that he was one of their men—he had the cheque in his pocket.
EDMUND WATSON . I am traveller to Rickett, Smith, and Company—this is not the sort of memorandum form used by them—I do not know the prisoner—he is not connected with the Pimlico dept; I should know him if he was.
JAMES MORRIS SUTTON . I am cashier of the Charing Crow Branch of the Union Bank—I marked this cheque—no person named Joseph Smith has an account there—this cheque comes from the same book as the other.
Cross-examined. He had it in the street—he said he was going to sell it.
MR. HOPKINS Prosecuted.
JOHN MASON . I am a commercial traveller, living at 126, Homing-ford Road, Islington—on the night of 16th October I retired to rest at half-past 10 o'clock—the street door was closed on the latch, requiring to be opened by a key—I had a lodger in the house, Mr. Staples, and an old lady—about 2.30 in the morning I was awoke by hearing a noise on the stairs as of some one stumbling—I jumped out of bed and saw the prisoner crouching down by the hall door—I saw his face—I caught hold of him and called Mr. Staples—he came downstairs, and I gave the prisoner in his charge while I opened the door to the police, who I heard whistling outside—I missed two coats from the rack in the hall and a table-cover from the parlour table, the value of the property was about 2l.—the police had the coats in their possession—these produced are them—the table-cover has not been found.
CHARLES STAPLES . I lodge with Mr. Mason—on the night of the 16th I came in about 11 o'clock—I opened the door with my key and shut it again—I was the last person who came in—I went to bed about 11.30—I wan aroused by hearing my name called—I ran downstairs and saw
Mr. Mason holding the prisoner in the passage—the police were let in and the prisoner was given into custody—I saw the two coats on the policeman's arm when he came in.
JOSIAH PICKERING (Policeman Y 597). About 2.30 on the morning of 17th October I saw the prisoner come out of the front garden of 126 and go into the front garden of 124—he had something on his arm which looked like clothing—I rushed up to the spot and found him trying to conceal himself in a gateway—I asked what he was doing there—he said "I have the cramp in my leg," and he laid down on the ground—I told him to get up, which he did, and I saw these coats underneath him—I said "What have you left behind here?"—he said "Nothing"—I went to pick the coats up, and he rushed into 126 and closed the door behind him, and I could not get in—the door was opened by Mr. Mason who gave the prisoner into custody—I said "Have you got any one with you?"—he said "No sir, I am by myself"—I took him to the station—he said nothing all the way.
Cross-examined by the Prisoner. The coats were not lying beside you, they were underneath you—I have not found the table-cover.
The prisoner in his statement before the Magistrate said that he accompanised a man to the house who entered and gave him the coats to mind for a few minutes, but before he returned the police came, and being upset he made for the door, which the man had left open, and was then apprehended.
Prisoner's Defence. I had the two coats given to me by the man to mind—is it possible that I, a one-legged man with two crunches, could commit a burglary.
He then PLEADED GUILTY to a conviction at thin Court on 19th November, 1883. in the name of James Morley, and other convictions were proved against him,— Seven Years' Penal Servitude.
NEW COURT.—Saturday, October 25th, 1984.
Before Mr. Recorder.
MR. POYNTER Prosecuted; MR. GILL Defended.
JAMES REA WILLIAMSON . I live at 25, Alvington Crescent, Kingalind, at the corner of Shaklewell Lane—on 3rd October, about 3.30 p.m., I was in the street near my house and saw three men standing on the opposite side—the prisoner was one of them—he left them, came across to me, snatched my seal and broke my chain—I am 74 years old, but I ran after him calling "Stop thief"—a young lady came from a house close by and ran past me after him calling "Stop thief"—he went to the left, going to Stoke Newington Road and Kingsland High Street, and I lost sight of him for three or four seconds while he turned the corner—when I caught sight of him again he was standing still at the corner house in Shaklewell Lane by the Castle Tavern—the young lady said "There he is," and I collared him—my daughter came to me and then went for a policeman, and I gave the prisoner in charge—it was a silver chain and a gold seal, value 2l. 10s.
Cross-examined. The prisoner went ever to the other two men first to deposit the chain and then ran ahead of them, and they all ran into Shaklewell Lane, and he turned to the left, and they to the right—the corner of Alvington Crescent is about half a quarter of the length of this Court from the corner of Stoke Newington Road, but I never got to that corner—I spoke to the prisoner nearly opposite Mr. Hart's the butcher's shop in Castle Street, which is two doors from Stoke Newiagton Road—the men were standing on the opposite side of the road at the Castle Tavern—several, people, were standing outside the Castle Tavern—the prisoner was standing perfectly still—my daughter did not point him out of say "That is the man," she was not there at that time—(Plan produced)—Miss Wightman did not point him out and say "That is the man," she was at this corner and waited, for me and said "That is the man in among those people"—that was before I spoke, to him—I said before the Magistrate "I did lose sight of the prisoner, but the girl did not," by the girl I meant Miss Wightman—the prisoner said that I was mistaken—he did not ask me to go with him to Hart's shop—I was not excited and angry—I did not say before the Magistrate "I was excited and angry when I came up I am hard of hearing, the Magistrate's Clerk has made a mistake"—I signed that as being correct without having heard a word—I also said "I got held of him after the woman said that is the man"—he was standing still—I did not hear him ask the constable to, go with him to Hart's shop, or hear him say he was on his way to see Mr. Hart, the butcher living opposite, or that he was in consumption and could not run—he asked me to go across the road with him.
Re-examined. I said before the Magistrate, "I took the prisoner on my own knowledge of the man"—I got hold of him after the woman said "That is the man," but it was not from what she said, it was independent of her remark.
ELIZABETH WIGHTMAN . I live at 160, Queen's Road, Dalston—on 3rd October I was at the window of a house in Alvington Crescent, and saw the prisoner snatch the prosecutor's watch and run off—I ran after him—he ran to Shaklewell Lane and crossed over—there were two men where he crossed, and he passed between them, out before he did so I called "Stop thief," which they would hear—I gave chase, but lost sight of him for three seconds where the Crescent comes into Shaklewell Lane—I next saw him standing at the corner of Shaklewell Lane, aad told him he was the man who stole the watch—he said he was in consumption and not fit to go to prison—I identified him at the station from others.
Cross-examined. I identified at the station the man I saw arrested—I heard him say that the prosecutor had made a mistake—I did not hear him ask the prosecutor to go across the road with him to where he was going—I was not there when the constable was there—the prosecutor walked on the same side as the house I was in—the window was shut, and I was inside—I only saw one man running, the others walked—when I ran I left the two men behind—I turned up Stoke Newington Road and saw some people at the corner; when the prosecutor came up I said, "Oh, this is the man who has robbed you," and he put his hands on him—I said at the police-court, "I cannot say whether the thief was
coming towards the prosecutor or whether he was following him." (The witness here pointed out the different places on the plan.)
By the COURT. The man was just outside the house when I saw the offence committed.
By MR. GILL. The people were standing at the corner of Stoke Newington Road—Parsons Road in the deposition is a mistake—I went up to him and told him he was the man that stole the watch.
Re-examined. Parsons Street is a mistake for Castle Street; that is on the west side of Stoke Newington Road—he was at the Shaklewell Lane end of Castle Street.
CYRUS TREGONING (Policeman N R 23). About 3.45 on 3rd October I was called by Mr. Williamson to the corner of Shaklewell Lane, outside the Castle Tavern—he had hold of the prisoner—he said, "This is the man that snatched my watch and chain, and I am going to give him into custody"—the chain was hanging out of his pocket—I told the prisoner I should take him in custody—he said, "It is a mistake, it was not me"—he was in a very exhausted state, it seemed to me that he was suffering from consumption or something—he said going to the station that he came up to see Mr. Hart, a butcher, a friend of his.
Cross-examined. He was remanded and taken to the House of Detention—he was in the infirmary during the remand—I did not produce a certificate from the infirmary to Mr. Busby as to his state; I did not see it—where I saw him and the prosecutor was outside the Castle Tavern, on the opposite side to Mr. Hart's shop across the road.
The Prisoner's Statement before the Magistrate. "I am innocent."
The prisoner received an excellent character.
NOT GUILTY .
MR. POLAND Prosecuted.
The evidence in this case is unfit for publication.
NOT GUILTY .
He PLEADED GUILTY ** to an indictment for larceny, on which he was sentenced to Two. Years' Hard Labour.
MR. NORTH Prosecuted.
JULIAN DAVID SOLOMON . I live at Sunbury, but was staying at 310, Liverpool Road, Islington—on Sunday morning, 28th September, a few minutes past midnight, I was in Liverpool Road, and was kicked and tripped behind—I fell heavily, and while trying to rise I felt my watch snatched from me, and saw the prisoner standing over me and another man at my feet—I got up and ran after him calling "Police"—I met a policeman and described the prisoner—he is the one who took my watch—I afterwards went to the station and picked him out from eight or nine others—this is my watch (produced), but the bow, a portion of the chain, and a locket are gone—I was kicked severely, and one of them said, "Boot him."
walking past my shop, 25, Liverpool Road—he threw down this watch and chain; I picked them up—I cannot recognise him.
WILLIAM BUTCHER (Policeman NR 6). On Sunday morning, 28th September, I was on duty, and the prosecutor came to me about 12.50 and gave me a description of the prisoner—I found him at Horn's Lodging-house, White Lion Street, sitting with his hat on eating something—I told him I should take him in custody for being concerned with another man in knocking a gentleman down and assaulting him and stealing his watch and chain—when we got outside he said, "I can prove where I was, I was in that lodging-house"—he was put with eight others at the station, and the prosecutor identified him.
JOHN BRYND (Policeman G 250). On Saturday night, September 27th, I was on duty in High Street, Clerkenwell, at five minutes to 12, about 100 yards from where the robbery was committed, and saw the prisoner at the Pied Bull public-house with four others—I shifted him away from there and he went into the road and went towards the Liverpool Road, where the robbery was committed—I went with Butcher to the lodging-house and apprehended him—I confirm what Butcher says.
Cross-examined by the Prisoner You were about 30 yards from the lodging-house when I shifted you away, and you went up the Liverpool Road.
By the COURT. The lodging-house is farther on than where the robbery took place—I did not see you go into the lodging-house—you could get there by way of Chapel Street—the lodging-house is about ten minutes one way to where the robbery was committed, and about 100 yards the other—the Pied Bull is in a different direction—he was going away from the lodging-house and towards where the robbery was committed.
Prisoner's Defence. About 11.40 I was shifted from the Pied Bull by the constable, and went indoors and remained there till they came and fetched me and said it was for an eight day clock. I said "What is that?" He said "You will know when you get to the station." I heard some one say "They have found the watch and chain." I said "What watch and chain?" He said "You don't know anything about it, do you?" I said "No," and I went to the station and they charged me with highway robbery with violence. The constable must have told the prosecutor my description or he could never have picked me out.
He then PLEADED GUILTY** to a conviction of felony at Clerkenwell in November, 1882; and six other convictions were proved against him.— Five Years' Penal Servitude, and Twenty Strokes with the Cat.
OLD COURT.—Monday, October 27th, 1884.
Before Mr. Recorder.
The prisoner entered into his own recognisances in 100l. to appear for judgment next Sessions.
MR. MEAD Prosecuted.
ALFRED BRETT . I am a porter living at; 39, Tachbrook Street—on 18th September, about 10 at night, I was in the Vauxhall Road; I was a little the worse for liquor—I treated two women, Young was one of them—I went into, two public-houses with them—I was with them two hours or a little more; I then went with them to Queen Ann's Gate—they tried to hustle me, they had hold of my arms, I could not get away, and the male prisoner and another man not known violently pushed me from behind with all his force, I was sent rolling—I fell on my hands and cut my hands, it was a mercy my face was not cub, or that I was not stunned; my coat was buttoned up tight—they deliberately put their hands in my coat, they almost lifted me up, tore the buttons clean off, extracted the chain and left the watch through having an India rubber ring on, and a gold swivel attached to the chain and locket was taken—the male prisoner was the one that opened my coat and tore my button off—I immediately got up and ran after them, crying "Stop thief"—a constable stopped them at the end of the street; the violence was committed at the top—the two prisoners were stopped, the others got away—I have not seen my chain since; the value of it was 16l.—the chain was broken off; they left the swivel behind—I had seen it safe in my pocket before my coat was torn open—I did not notice Wormald's face till I got up and turned round—I am sure he is the man.
Cross-examined by Wormald. I had not seen you before I saw you when I got up and ran after you.
Cross-examined by Young. I did not give you 3d. to get your companion a glass of ale—it is not true that I said "I shall not treat you for nothing"—you were running away from me when you were caught by the police.
JOHN MONEAL (Policeman B 174). About halt-past 12 on the morning of 19th September I heard shouts of "Stop thief" in the direction of Queen Anne's Gate—I saw the two prisoners running down Catheart Street—I stopped Wormald and held him till the prosecutor came up, who was running after them—just as the prosecutor came up Wormald said "What are you taking me for? I have done nothing"—Butler, the other constable, brought up the woman—on the way to the station she said it was not her that done it, it was the man—the prosecutor was the worse for drink—he said they had robbed him of his gold chain, that they were two of the persons—he was quite sensible, he knew quite well what was taking place.
HENRY BUTLER (Policeman B 376). About half-past 12 on 19th September I heard cries of "Stop thief" coming from the direction of Queen Ann's Gate—I ran to the bottom of Cartwright Street; I there saw the two prisoners and another female running in front of the prosecutor—I stopped Young—when the prosecutor came up he gave them in charge for them and two others stealing his chain—she said "What have you taken me for, I have not got it?" and on the way to the station she said it was the man.
Young's Defence. I met the prosecutor, he offered me two sovereigns to go with him, I would not and ran away from him.
GUILTY of robbery without violence.— Six Months' Hard Labour each.
MR. BLACK Prosecuted; MR. PURCELL defended Mullins.
LORENZO MERCANDOLIO (Interpreted). I live in Saffron Hill, and am a seller of ice creams—on the 1st of the present month I was in James street, Oxford Street—three persons passed dose to me; I recognise the prisoners as two of them—Knight put a cloth before my eyes; the other put his hand in my trousers pocket—there was 12 pence in it—they took 8d. and left 4d. and he tore my pocket getting his hand out—I held on fast to Mullins, the other one ran away; I' subsequently gave Knight into custody—I knew Mullins previous; I had seen him before—the other prisoner ran away also afterwards—in "the course of the struggle I was kicked by the third party—I next saw the prisoners at the police-station.
Cross-examined by Knignt. You did not say as you went by me "What's the matter, Jack?"—I did not say anything to you—I got hold of your coat when you put the cloth order my face—I don't know what kind of a cloth it was, it was done so suddenly.
Cross-examined by MR. PURCELL. This was about 2 o'clock in the after-noon—James Street is a very busy thoroughfare, but there was not much at that time—I had been standing there some time with my ice cream barrow; they had not been talking to me before this occurred—on the 27th Mullins was arrested for coming to molest me—I saw Mullins standing at the corner of Barrett street and James Street at the time—this Happened after Knight was taken to the station—the cloth had fallen off my face when he put his hand into my pocket—I said at the police-court "When Knight put the cloth across my face the other person put his hand into my pocket"—there were three altogether standing round me at the time—I had 6s. in my other pockets.
By the COURT. I picked Mullins out from 15 others at the police-station—I knew him at once.
EDWARD MILLER (Policeman D 300). On 1st October, about 4 o'clock, I was on duty in Oxford Street—I was told there was a row at the corner of James Street, and on proceeding there I found the row had dispersed—I saw the prosecutor there; he put his hand to his pocket and' said "Money," ad if he had been robbed—I asked him who did it—he pointed to Knight; who was standing on the other side of Oxford Street—as soon as Knight saw him point him out he ran down Thomas Street—I pursued and caught him—at the station he said he put the cloth over the prosecutor's face; but did not rob him.
Cross-examined by Knight. When I first saw you you were standing on the other side of Oxford Street—I did not notice any one with you—you ran into an oil shop in Thomas Street, thinking to get out of my way, and I caught you.
Cross-examined by MR. PURCELL. I had nothing to do with Mullins—I did not see him at the station on the day I took Knight—I was told Mullins was found at the place where this occurred—the prosecutor had complained before that he had been molested by roughs and labourers—I heard that on the 27th Mullins was at the station charged with molesting him, and the inspector refused to take the charge—I believe Mullins is well known to the prosectitor.
evening, I was in High Street, Marylebone—I saw Mullins—I told him I should take him into custody for being concerned with another man not in custody in stealing 8d. from a foreigner in James Street on the 1st instant—he said "All right"—I took him to the station, where he was placed among about 10 others of similar appearance, and he was immediately picked out by the prosecutor, and he was charged; he said nothing—I believe he was arrested on the 1st October previous, but they could not find the prosecutor.
The prisoners in their defence stated that what was done was only in a lark, to tease the prosecutor, but with no intent to rob him.
NOT GUILTY .
MR. T. RAVEN Prosecuted.
REUBEN RIDLER . I live at 376, Bethnal Green Road, and am a draper—on 26th September last I was in Shoreditch about 20 minutes past 1 in the morning, when I was waylaid by three or four men and knocked down—the prisoner was one of them, I am positive—I don't know who knocked me down—they stole my chain and also some keys and some money, which I could not swear to, which was found on the prisoner—I lost about 2s. from my trousers pocket—the fireman, Wright, then came up, the other two men had decamped, he found the prisoner on me rifling my pockets—I could not swear that the prisoner struck me, but I received a blow at the side of my head—I could not say as to who did it, but it was a back blow, as I was walking along the street—I am quite sure the prisoner is one of the men.
Cross-examined by the Prisoner. I could not swear as to whether you were shoved on the top of me—I did not see you take my chain; I know you rifled my pockets—you did not ask me to show you the men who insulted you, you took to your heels and ran—when you were charged I gave the policeman my watch—I did not charge you with stealing the watch; it was left in my pocket; I thought it was gone; I gave it up at the police-station—there was no brass chain or swivel taken from your pocket and shown to me.
CHARLES WRIGHT . I am a fireman, of 18, Wilmot Street, Bethnal Green Road—I was in Shoreditch on the 26th, shortly after midnight—I saw a disturbance in the middle of the road—I ran across and saw the prisoner on the top of the prosecutor, who was lying on his back on the ground; he had hold of the prosecutor's collar of his coat—I pulled him off the prosecutor and he took to his heels and ran away—I followed him and saw him stopped by the police.
Cross-examined. I did not see you strike the prosecutor—he was not drunk; he had had a glass, but he knew what he was about—they took his evidence that night, while you were standing in front of the desk—he did not say in my presence that the brass swivel found on you was his.
JAMES HAWKINS (Policeman H 174). I was in Shoreditch shortly after midnight on the 26th—I saw a crowd collected in front of the Standard Theatre in the middle of the road—I went towards it and some one said "Here comes the police," and the prisoner dropped from the crowd and ran by me down Commercial Street; I gave chase—finding I could not overtake him, and seeing two policemen in advance, I cried out "Stop
thief," and he was stopped by Police Sergeant H 18 in my sight—when I came up to him I seized him with the right hand and he dropped these keys from his right hand on to the ground—I then assisted to take him to the station—I did not see the prosecutor at all at that time—I did not see where the prisoner came from when he came rushing out of the crowd—when at the station the prosecutor came in and charged him, and identified these keys as his.
By the COURT. The prosecutor had been drinking, but knew very well what he was about—the prisoner said nothing in answer to the charge in my hearing.
JOHN GREENACRE (Police Sergeant H 18). I was in Commercial street on 25th September, after midnight—the prisoner came running towards me, followed by the last witness, who was crying "Stop thief"—I was with another sergeant—he passed him and I caught hold of him—he said "God blind me, what did they hit me for?—we struggled and both fell—the last witness then came up, caught hold of his right hand, and he dropped these keys—we took him to the station, where he was charged.
Cross-examined. The witness is not here who said you struck him with a stick—he came to the station and signed the charge sheet, but did not appear at the station next morning.
Prisoner's Defence. After coming out of the Standard I went into a public-house next door to have a drop of beer. The shutting-up time came, there was a row in the street. I ran over to see what it was. I happened to get in the centre of it, I was pushed on the top of the prosecutor, and I was trying to pick him up; his keys were lying by him. I said "I have got your keys, they are all right. "The fireman then came up. The witness who has not appeared struck me with his stick, and, thinking he might be one of the men who had found the prosecutor there, I ran away. I did not intend to do anything.
He then PLEADED GUILTY to a conviction at the Middlesex Sessions on 13th August, 1879.— Seven Years' Penal Servitude.
NEW COURT.—Monday, October 27th, 1884.
Before Mr. Common Serjeant.
MR. POYNTER Prosecuted; MESSRS. PURCELL and BEARD defended Gray.
ALFRED CRIPPS . I am a timber merchant, of 7, Channing Terrace, Wandsworth Bridge Road—on 25th September I was in bed in the first-floor front, and heard a noise in my front garden—I got out of bed, opened the window, and looked out—I saw a man run out at the gate—I leaned out of the window, looked under the porch, and saw the prisoner Gray crouching, trying to get out of sight in the porch—I said "What are you scoundrels doing there?"—Gray came out of the porch and rolled about as if he was drunk, and said "I beg your pardon, sir; I came to see what this dripping is here"—a little rain was coming off the roof—I said "You scoundrels, you have broken into two houses, and you have made a mistake with the third one," and I called "Police" as
loudly as I could—I then got my revolver and went downstairs—it was not loaded—I put the cartridges in my pocket—I went to the front door, opened it, and saw Gray, he was quite sober—he said "What did you mean I was trying to get into this house? I was quite sober; you know I am watchman here; for two pins—"—he had something in his right hand, which was down at his side, and he made a kind of half rush at me—I took the revolver out and said "If you touch me I will put a bullet through you"—I told them from the window "If you get into this house you will get shot"—while talking to Gray, Clasby was standing in the next door porch, No. 6, an unoccupied house where Gray sleeps—I know him only too well—he said when Clasby came to the gate "It is a nice thing to be charged with burglary while one is acting as watchman"—I said "You are no watchman, you have no right to be on my premises at half-past 1 o'clock in the morning"—it was just at that time he put his hand to his side in a menacing way—I asked a young man to fetch a policeman, and Gray said "I have just left the police, I know where to find them"—the two prisoners went away, and then Gray came backwards and forwards two or three times, and then went away again—he said he would let me know who he was—Clasby came back with three policemen—I told them in Clasby's presence what I had heard and seen—they detained Clasby—I believe I saw Gray run round the corner when they came—I saw Gray come out of No. 6, and he was taken into custody—when he came out at the front gate he had a sword-stick in his hand—my parlour window looks into the garden—I examined it after this and found it was all cut away under the catch of the casement—there were a few pieces on the window-ledge, and a match or two—I took those to the police-court.
Cross-examined by Clasby. I don't remember when I raised the window and cried out, your saying "There are two policemen just gone by"—I sent a young man for the police, and you went after him.
By the COURT. The young man went to the station, and the inspector told him he would not be wanted—I sent the young man, and Clasby said "I will go."
Cross-examined by MR. PURCELL. When I opened the window there were two men, one was going out at the garden gate—when I called out "What are you doing there, you scoundrels?" Gray did not say "All right, sir; it is me"—I am quite certain of that—I did not say "Who is me?" and Gray did not say "It is Plumber"—it was no use his running away, I knew him too well—Gray went to the back of the house and came, back from No. 6 when the policemen came—I have been in this house about three years—I had returned from Newcastle only that night, about 10 o'clock—I felt rather alarmed because there has been burglaries next door and at the house opposite, which had been cleared out on the Saturday night before—it is a very lonely neighbourhood, and enough to make any one nervous—the other man said he had just left the police—I am not sure if those were the two policemen who were afterwards called—Gray told Mr. Paget on the first day of the remand "Well, I did sham drunk."
Re-examined. I knew and recognised Gray as soon as I saw him.
TRAPMORE (Policeman T 523). At 12.30 on Thursday morning, 25th September, I was on the river bank near Wandsworth Bridge—I heard cries of "Police," and met Bull, and with him went to where
the cries appeared to come from, near Channing Terrace, which has eight or nine houses occupied and unoccupied on this side of the river in Wandsworth Bridge Road—I met Clasby; he said, "I think you are wanted down the road; some one has been trying to break into a house, and they want to accuse me of it"—I said, Very well, you had better come back with me"—I went in the direction of Channing Terrace—a few yards before I got there I met Mr. Cripps, who occupies No. 7—he said in Clasby's presence, "That man has been trying to break into my house with another man"—at that time I saw Gray go round the corner of Channing Terrace to the back part carrying this sword-stick in his hand as a walking-stick; the blade was not drawn—I directed Bull to go round to the back of the house to see Gray, and I stood in front and saw Gray come out of the front of No. 6, an empty house of which he was caretaker; I did not know that—I said, "What are you doing there?"—Gray said, "It is all right, I am night watchman to Mr. Mills, who lives at No. 2; I have to look after these houses and see that they are all right, I try the doors every night"—I said to Clasby, "What are you doing?"—he said, "I came to help Gray"—I took them to the station, they were charged—Gray said to me, "Have you got my bunch of keys?"—I said, "No, where are they?"—he said, "I left them in the door of No. 5"—that is an unoccupied house—I went back to search for them; I oould not find them, but in the front garden of No. 7, near the door, I found this old screwdriver (produced)—in the passage of No. 6 I found the sword-stick Gray had been carrying and a jemmy laid together—I got into No. 6 by the front door, which Gray had left open after he came through—it is a straight jemmy, fresh sharpened—I went back to the station and told Gray I could find no keys—he said, "No, I suppose I must have lost them."
Cross-examined by MR. BEARD. He did not say, "I left the keys in the door of No. 6"—I did not say that before the Magistrate—Mr. Mills is a builder.
HENRY BULL (Policeman T 806). I met Trapmore, and we went towards Channing Terrace—about 100 yards from there we met Clasby coming at a sharp walk—he said, "I think you are wanted down the road," and he hesitated and then said, "They have been trying to break into a house, and I think they want to accuse me of it"—Trapmore said, "You had better come with me"—we went towards Channing Terrace—we met Mr. Cripps; he said, "This man and another one have been trying to break into my house"—on going towards Channing Terrace I saw Gray turn the corner towards the back part of the houses in the terrace—he was carrying this stick, I believe, in his left hand—I went to the front of the houses first, and then Trapmore sent me round to the back, and I saw Gray go round to the front—the front door was locked, the back door was undone—I followed him through the house from the back to the front, where Trapmore took him in custody and asked him what he was doing—he said, "I am night watchman to Mr. Mills, it is all right, I try these doors every night"—he then asked Clasby what he was doing thare—he said that Gray asked him to come up to see if the houses were all right—I then took Clasby to the station, where he was charged.
Cross-examined by Clasby. I did not see you go buck by vourself, after you had spoken to us, to the prosecutor and say, "The police are
coming"—I don't know if you came ahead of us—I had not been there above a minute or two when your mate came up.
Cross-examined by MR. BEARD. You get to the backs of these houses by a gateway leading out of Channing Road—it is a private right of way to the backs—anybody can go through the little gates down there, or I dare say he could get over.
MILLS. I live at 2, Channing Terrace, and own all the houses in Channing Terrace except No. 8—I have allowed Gray out of charity to sleep in No. 6 as a night guard—I don't pay him anything, I don't employ him; if he does any extra work I pay him for it—what there is in No. 6 is mine, it is of very little value—I think I have seen this jemmy in his place of work.
By the COURT. It is what a plumber must use in his trade; he is a plumber.
Cross-examined by MR. BEARD. It is the custom of builders to have a night watchman where the place is not fastened up and a lot of things are lying about—when a house is finished and locked up we don't keep a man about, I never knew it done—if there was a watchman it would be his duty to go round and see that the houses were fastened up—I never gave my watchman instructions to see that the house doors and windows were all right—I have never known persons instructed to see that inhabited houses were all shut up; it would not be an extraordinary thing, but I should not like to give instructions to watch tenants' houses without their knowing it.
By the COURT. The front gardens are 10 feet from the front door to the gate.
Re-examined. I think I have seen this small chisel in Gray's trade—he had no right in the forecourt of an occupied house at midnight—his place was at the back—he had no key to the front door—his business was only at the back, I ordered him away not a week before—these plans of the premises are correct.
HENRY JONES (Police Inspector T). On 25th September I examined the front bay window of 7, Channing Terrace—in the centre is a large two-pane top and bottom sash—I found on the lower part of the top sash, near the catch, marks as though made or cut by some sharp instrument; I do not think this chisel would have made them, the crowbar might have—I produce some chips—the window was not broken—I should say the marks were made by a knife, something sharper than either of these instruments.
By the COURT. The entrance to the back of No. 6 is through a wooden swing gate—I did not notice if it has a fastening—each gate has a common bolt at the back—it is a 3 feet 6 gate.
Clasby in his statement before the Magistrate and in his defence stated that he met Gray on this evening in a public-house, that they stopped till closing time, when Gray asked him to come with him while he triad his houses; that on their way they met two constables, whom Gray asked if they had been to tlie back; that they tried the doors, commencing at No. 7, and when they reached there the gentleman shouted at them from the window and called "Police;" that he (Clasby) offered to go for them, and went down to the bridge and spoke to a policeman, and then came back to the house in advance of them and waited till they came up.
MILLS (Re-examined). There is an entrance from the back of
No. 6 into No. 7—there is a little passage along the back of the gardens—there are entrances into all the houses except No. 7—you get into No. 7 by a passage which runs along part of No. 6.
NOT GUILTY .
MR. POYNTER Prosecuted.
JOHN LIVESEY . I am a cork cutter, of 67, Church Street, Bethnal Green—on 16th October, about 1 a.m., I was at my door, and was about to open it with my latch-key when three men came across suddenly from the corner—I turned round; they made a rush at me—I called "Police!"—they threw me on the ground, taking me by my back and sides—my spectacles and hat came otf—I lost my purse containing 6l. in gold and 10s. or 11s. in silver—there were two dragon sovereigns and other sovereigns and half-sovereigns—I cannot identify the prisoner—the men ran away, and people came up—this is my purse.
ADAM PRICE (Policeman H 161). On Thursday morning, 16th October, I was in Nicholl's Row, near the prosecutor's house, and heard cries of "Police!"—I went to the corner, and saw the prisoner running down Church Street; I chased him to some model dwellings—I went and found him at the top of the building crouched up, pretending to be asleep—I told him I should take him in custody—he said "For—sake don't take me, I will give you 2l."—he took two sovereigns from his pocket, and gave them to me—I cannot identify them, as it was dark, but I found what they were afterwards, and on the way to the station he took two more sovereigns from his pocket, and 5s. 6d. in silver, and put them into my hand without saying anything—at the station he gave me four sovereigns and a half and 4s. 6d. in silver—these are the coins produced—there is one dragon sovereign among them—a latch-key and 6d. and 2d. ware found on him—he was very violent, threw himself down, and kicked, and it took three policemen to take him to the station.
Cross-examined by the Prisoner. You pretended to be drunk, but you said "Don't take me in custody, I will give you 2l."
GEORGE BURGE (Policeman H 156). On Thursday, 16th October, where the prisoner was taken I found this purse stood up in a crevice of the doorway on the ground-floor, where he had gone through to get to the top.
The Prisoner's Statement before the Magistrate. "I was drunk, and did not know what I was doing."
Prisoner's Defence. I never knew what I was doing when I done it. I pleaded guilty to the robbery, but not to violence. I never touched the man.
GUILTY .— Eighteen Months' Hard Labour.
Before Mr. Recorder.
ALLEN PLEADED GUILTY .
MR. JONES Prosecuted; Mr. FULTON defended the Lewises.
at the Lea Bridge Railway Station, I noticed three straw stacks about 500 yards from me—I saw three young men at the right-hand corner of the stacks; the two Lewises are two of them; they were within a foot of the stacks from what I could see—they were all three together—I saw a light in between the three of them—I could not say which one had the light, and then I saw the stacks were on fire, and the three making off from the stacks—they were walking all three together; they went on to the footpath—I ran across a field with the constable, and overtook them in the adjoining field, and then helped the constable to take them to the station.
JOHN JONES . I am a farmer at Walthamstow—on 21st September I was the owner of three straw stacks, which were in a field on my farm—I saw them on fire—I don't knoiw how they came on fire—they were insured; I have a genreal insurance on the farm produce—I have not been settled with in respect of these—I never saw the prisoners before till I saw them in custody—this plan (produced) correctly describe the situation of the property; I live at Dove Row, Hackney Road—on stacks were.
JOHN ELVIN . I live at Dove Row, Hackney Road—on Sunday, 21st September, I was playing with some other boys near some stacks, I saw them to between the two middle stacks and set the stacks of fire, they all three set fire to them; the middle one first—they all three ran away together.
JOSEPH MARLOW . I live at Dove Row, Hackney Road—I was playing in this field on Sunday afternoon, 21st September, and saw the three prisoners there—when I first saw them they were coming round by the trees on the other side—I afterwards saw the stacks on fire—they went between the middle stack, and then they were on fire—they walked away, and then they jumped over the railings and ran.
Cross-examined. We were playing in the field; we ran across a field and got in there—anybody couldn't get in there—it was a cornfield, but all the corn was cut down.
Re-examined. There is a footpath in the field.
ALFRED WHIFFIN . I live at Lea Bridge, Walthamstow—I was playing with the two last witnesses on this Sunday afternoon near some straw stacks—a little girl was with a us—I saw the three prisoners there—I saw them pull some straw out of the stack and set light to it—I can't say now which one did that, and then they all ran away—the three stacks were then on fire.
Cross-examined. I said before the Magistrate that one of them pulled some straw out of the stack, and set light to it; not all of them—the straw blazed up, and then they all ran away.
WILLIAM MARMOYS . I live at Pearson Street, Kingsland Road, and am a leather-case maker—on Sunday, 21st September, about 2 o'clock, I was crossing the footpath from St. James Street to Lea Bridge, as me and my daughter were passing we saw the three prisoners come from the back of the stacks—we were about 50 yards from them—before they got very far from the stacks I saw the flames; the stacks wre then on fire—the prioners came off the grass on to the footpath, and stood with some parties there looking—I left them on the path looking at the flames.
out for a walk on this Sunday afternoon near some straw stacks, I saw the three prisoners there—I saw them light a match on their boot twice—I could not see which one did it, because we were a good way away from them—they all stooped down and lit the corner of one of the stacks, then they came away from it—the others were slight then—when they came nearly to the lane one of them said "Now we have done it, let's bolt"—I could not say which said that—they got over into the lane—I could not say whether they ran or not—I saw the policeman.
Cross-examined. I said before the Magistrate that one of them struck a match by his boot, and he knelt down and set light to the corner—all of them knelt down.
GEORGE BIRCH . I live at 2, Turner Street, Commercial, Road East, and am a carpenter's apprentice—I was going through a lane at Walthamstow on Sunday, 21st September, about 2 o'clock—I saw three straw stacks—I was about 100 yards off when I first noticed them—I saw the three prisoners there, they were close by the stacks, two were lying down, and one was standing up; their hands were underneath the stacks—I saw these two jump up, and all three ran to the footpath, and then I saw the flames; two stacks were on fire then; I ran across the field and stepped in front of them and they came slowly up to me and then said to me "I lay the fellows that done that won't do it again"—I don't know who said that—I did not take any notice—I saw a constable some distance off, I said "Three comes a constable," and they then left me and I ran to the constable and told him, and we went after them.
Cross-examined. I was 100 yards off when I saw them put their hands under the stack.
By the COURT. I should think this Court is about 12 yards long.
PHILIP PRICKETT (Policeman NR 36). I am stationed at Lea Bridge Road—on Sunday, afternoon, 21st September, I was on duty in the Lea Bridge Road—I saw a stack on fire in a field at Lowhill Farm—I went to the spot in company with Hickling—from what I was told I went after the prisoners; they were on the footpath in the field; when they saw me coming towards them they ran away—Hickling got up against Frank Lewis, I told him hold him while I went after the other two—they stopped—I told them I should take them in custody for setting fire to the straw stacks—they replied "We know nothing about it"—I said "Why run away when you saw me coming?"—they said "We were only having a game"—I said "I shall take you to the police-station"—I searcged them there—Allen dropped a match while in the dock—it was an ordinery match which wuld strick anywhere, to matches on the others, a match box on Joseph Lewis; I wen't say whether it was on him or Frank—the three stacks were on fire when I got there—I could not say which one caught fire first—I don't know how far it was from the second one, they were close enough to catch fire if one caught fire.
Cross-examined. I have the match with me which I found—the match box was given over to the prison authorities at Chelmsford—it was made of brass—it was not a tobacco box, it was a matchbox.
Allen. I had a brass matchbox with me, the policeman dropped the match when he took it out of my pocket.
GUILTY .— Six Months' Hard Labour each.
MR. FULTON Prosecuted; MR. WEDDERBURN Defended.
MINNIE RAYNER . I live at No. 3, Nutfield Road, Leyton—on Wednesday afternoon, 20th August, between 3 and 4, I was coming out of my father's house opposite Mrs. Crispin's—I saw the prisoner standing at Crispin's gate—he was peeping out of the gate; he put his head out and went back again, then cme out, walking very slowly till he got past the second house, then he began to run—in consequence of what I saw I went and said something to Mrs. Crispin, and then I went to my father and he ran after the prisoner and brought him back.
Cross-examined. You could not from the road see anybody in the garden—I know the house well, the windows of the sitting-rooms and bedroom look on the garden—you can seen from the principal rooms anybody in the garden—the front door opens into a passage with rooms in either side.
ALBERT RAYNER . I live at 3, Nutfield Road, opposite Mr. Crispin—between 3 and 4 on the afternoon of 20th August my daughter came and told me something, in consequence of which I ran after the prisoner—I ultimately overtook him just out of the brickfield—I had gone about half a mile—I said "You know what I want you for, getting into a house in the Leyton Road"—he made no reply—I then secured him and took him back to Mrs. Crispin's house, and she made a search to see if anything was missing, and presently she said "You wretch, you have stolen my gold watch and chain"—I said "Tip it up quick," and he tipped it up to me, and I put it in my pocket and took it to the station—I met a constable and we took him to the station, where I saw a watch and steel chain found in his pocket.
Cross=examined. I kmow Mrs. Crispin quite well, are opposite neighbours—I have not taken a great interest in this case, I only stopped a thief as he ought to be stopped—after I had been to the station with the prisoner, Mrs. Crispin called me in and said the prisoner's wife was inside with a friend—I said "What's the matter?"—she said nothing, and I walked out again—Mrs. Crispin said the prisoner's wife said "If you don't prosecute the prisoner I will give up the watch and chain"—as she went out she said "Good day"—I said "Good day"—she put out her hand and I shook hands with her—Mrs. Crispin never said she would do anything she could to help the prisoner; she said nothing of the kind—she never went to the police=station two or three times to try and get back the watches.
SARAH CRISPIN . I am the wife of William Crispin, a master cabinet-maker, and live with him at 30, Lwyton Road—we have been married twenty-five years, and have nine children—on Wednesday, 20th August, between 3 and 4 in the afternoon, Miss Rayner came and told me something, and shortly afterwards Mr. Rayner brought in the prisoner, and in consequence of what was told me I made a search to see if anything was missing, and I missed a gold watch and guard—it had been kept in several places, sometimes on the dressing table—I left it on the dressing-table on this day, lying open—that was my room upstairs—I was in all parts of the house that afternoon—between 3 and 4 I was in the w.c. with a sick child on the ground floor—besides the gold watch and chain I missed a silver watch and steel guard; that was my son's, it
was in the bedroom, the next room to mine, that was the room my son occupied, it was either lying on the mantelpiece or hanging up—I did not say anything to the man then—I said to Mr. Rayner "The wretch has got my watch"—he said "Tip it up sharp," and he produced from his pocket the gold watch and chain—I went to the station and charged him there, and the silver watch and chain was found—on the previous day I was near Stepney Chruch, I pruchased three pair of boots there, and as I was coming out of the shop the parcel came undone, and I then noticed a person looking at me in a particular manner; at Leyton Police-station I recognised the prisoner as that man—I had no conversation whatever with him that afternoon; with that exception I had never seen him until I saw him in the custody of Mr. Rayner.
Cross-examined. The watch and chain were stolen between 3 and 4 o'clock in the afternoon—in order to get into the house the prisoner would have to pass through the door in the garden wall, and then in at the wash-house door—no one could see him from the windows—the garden door is generally open—on 19th August I went by Stepney Church—I had a dark-blue velvet hat on—I live five or six miles from where I saw the prisoner that day—I returned home by train from Bow Station at ten or twenty minutes past 6 o'clock—he did not follow me to the station that I know of—all I saw of him was seeing him look at me for a moment—I had no conversation at all with him—I did not go with him to any house—I never went with him to 86, Sidney Street, Mile End—I do not know Mrs. Gibson (Mrs. Gibson was called into court)—I do not know her, I have never seen her before—I did not make an appointment with the prisoner to come to my house next day—I never spoke to him—after I had charged the prisoner his wife and a Mrs. John paid me a visit—the wife asked if I was going to proseeute—I said "Certainly"—she said "You require merey yourself, show mercy to him"—she said if I did prosecute she would have a good solicitor who would soon pull me to pieces—she also said that she did not know what he could have done it for, it must have been the devil that tempted him—she did not ask how I accounted for a man who did not know the house walking straight up to my bedroom, nor did I reply "I don't know, my dear"—I did not say "The fact is, it must have been the devil that tempted us both"—I was not very excited—I did not say "Go to the House of Detention and see the poor fellow, and see if anything can be done to save him"—I did not express myself exceedingly anxious to save him, or do anything in my power to help him—I called Mr. Rayner in—I did not leave the room before that and go into a room and see him, and then come back and say "Mr. Rayner says 'You two must be bad womed'"—nothing of the kind—no one came in with Mr. Rayner—a lady friend was with me, Mrs. Simpson, or Langton; she is here—when the women left I did not shake hands with them, or ask them to come again next day—I went to the police-station the morning after the watches were taken by my husband's direction, and I asked for the watches by his direction—I did not get them—I only went once—I had a converasation with an inspector, not the one that had the charge—I asked him his opinion—the prisoner said, in presence of the policeman and inspector. "Why not say I was with you yesterday all the afternoon, and the that I came down to-day by appointment?"—Mr. Rayner and Mary Rayner were present when that was said—I replied "My God, no."
JAMES HAWKINS (Police Inspector N). On Wednesday, 20th August, about 4.15, the prisoner was brought to the station by Police-constable Draper and Mr. Rayner on this charge—he was searched, and this silver watch and chain were found in his trowsers pocket, also some seaman's discharges, ten years old, and a railway return ticket from Leyton to Bow Road, and a few halfpence—he was charged by the prosecutrix with stealing these two watches and chain—he replied "did not I meet you in the Commercial Road yesterday?"—she said "No; I never was in the Commercial Road yesterday"—he said "Remember, where did you buy your boots yesterday?"—she answered "In Church Passage"—looking at him she said "Oh, yes; I remember, you are the man that I saw that passed me twice while I was doing up my parcel of boots on the footpath," and looking at me she said "I thought he was after my purse"—then, speaking of the boot shop, she said "I have dealt there these 23 years"—he then said "Tell the truth, did not I meet you in the Commercial Road, and come down here by appointment?"—she immediately replied "My God, no; I never saw or spoke to you before in my life"—I asked her if she meant to say that she had really never known him before, it being rather a peculiar position—she said "No"—he then said "Did not you give me the watches to raise money on?"—she said "No, certainly not"—that was all that passed—he was then charged, and put in the cell.
Cross-examined. I do not know this neighbourhood very well—Church Passage is not in Commercial Road, it is nearer Mile End Road—Mrs. Crispin came again to the station about ten minutes or a quarter of as hour afterwards—I never saw her there but that once, I was told by the sergeant on duty that she came next morning about the property—I did not hear that she was exceedingly anxious to get the property out of the hands of the police—she did not seem so when I saw her—she said she had placed it in the hands of the police, and she would be directed by us.
The following witnesses were called for the defence:
EMMA GIBSON . I live at 86, Sidney Stree, mild End—it is a house of accommodation—on 19th August, between half-past 2 and 3 o'clock, the prisoner came to my house with a middle-aged lady—to the best of my belief Mrs. Crispin is the lady—I believe she had on a hat, a dark one, I think, trimmed with lace, as much as I can recollect—I could not exactly say how she was dressed; she was dressed different to what she is now, because she had a hat on—I did not take that notice of her dress, the only thing I noticed was being a middle-aged person in a hat—to the best of my belief that is the woman, and the man I can swear to—I am able to fix the day because it was two or three days before I was confined, which was on the 5th of August—they were not very long in the house—the gentleman gave me a shilling—they had to wait in the passage while I put the room straight; that is why I know the gentleman so well.
Cross-examined. The prisoner's wife, I believed, first came to me about this matter; that was just after I was confined, I think I had been confined about two days—I have not seen Mrs. Crispin since till now—I did not give any instructions for an affidavit being sworn at Chelmaford that Mrs. Crispin was the woman I had seen on 19th August—I never told the solicitor who appeared for the prisoner at the police-court that the woman I had seen was Mrs. Crispin—I never saw her till to-day, I came
to see if I knew the lady; to the best of my belief she is the women—I don't know the prisoner as an old customer, but he had had a drop of drink, that was the reason I noticed him—I had never seen him before that I know of—the house is a brothel, kept by me.
EMILY JEHU . I know the prisoner's wife, not very well—I also know the prisoner—I went as a friend with the prisoner's wife to call on Mrs. Crispin after the prisoner had got into difficulty—Mrs. Crispin was there, nobody else—when we went in Mrs. Crafford told her what business we came on—she said "Quite right, my dears, come inside"—we went into the front parlour and there we were talking—she said Mr. Crafford must have gone through her back gate up into her bedroom—I said "What-ever could have possessed him to go right through the gate straight up to your bedroom?"—she said "I don't know, my dear, I don't know what could have tempted us, it must have been the devil that tempted us both"—I am quite clear that she mad use of those words—she was in a very excited state—she threw her arms about and said she should go mad before it was finished she said she would do anything in the world to save him, she ahve already been to the Court to get her property back and the officer in charge refused to do so—she said she would pqwn anything to save him—there was a knock at the side gate, and she left us in the parlour for three or four minutes; and she came back in a more excited state and said "What shall I do, you are two women, can I confide in you? Mr. Rayner came to the side gate and said I was not to take notice of you two women, that you have come here on a blind, that you are nothing bu two bad women"—when she came back into the parlour she brought a neighbour in with her, and she said "This is a neighbour of mine"—she did not give the name to me—I said "You had better fetch Mr. Rayner," and she did so; and when he came into the parlour I said "I don't think we look much like bad women"—he said "I don't know anything at all about the case, all I know is that I am the one that collared him and brought him back to Mrs. Crispin and told him to tip it up sharp"—we then left—we came away very friendly, Mr. Rayner and Mrs. Crispin shaking hads with us on the best of terms—she told Mrs. Crafford to go next day to her husband to ask him what she could do to save him.
Cross-examined. (Mrs. Simpson called in). That is the lady Mrs. Crispin brought in—she was not present at the conversation—she came in just before Mr. Rayner—the prisoner's wife first said "I have come to see your about this sad affaor of my husband's are you going to prosecute or not? I hope you will be lenient"—Mrs. Crispin said "I shall have to press the case, it is in the hands of the police"—the wife did not become very abusive and say "I will have a good solicitor who will soon pull you to pieces," no such thing, I can swear that—I am quite positive she did not say that in the presence of Mrs. Simpson, they were on the most lenient terms—Mrs. Chrafford did not say "It must have been the devil that tempted him, it was not because he was hard up," I will swear Mrs. Crispin said "I can't think what made me do it, the devil must have tempted us both"—that was not in the presence of Mrs. Simpson—we were talking and asking her how he came to get into her house, and she said he must have come straight through the house and got into the bedroom—Mrs. Simpson was not there then, she came in just after Mr. Rayner knocked at the gate—the prisoner's wife again asked if she was going to prosecute,
and she then said she would call Mr. Rayner—I live at 25, Money Street, Abbotts Road—I am married—my husband is a painter—I have know the prisoner and his wife about six months altogether—I was living in the house with them at the time this happened—that was how I came to go with her—I went as a friend.
JOHN WILLIAM ATKINSON . I am a solicitor at Stratford—I acted for the prisoner before the Magistrate and also at Chelmsford, where the Grand Jury found the bill against him—an application was made at my auggestion to postpone this case—the affidavit was filed.
Cross-examined. I remember an application being made to the Court before the affidavit was sworn and your insisting on the part of the prosecution that an affidavit should be filed—the application was not quite that it should be postponed on the ground that a witness could identify the prosecutrix, it was a witness who could give material evidence for the defence, not that the witness could identify the prosecutrix, I should not feel justified in going so far as that—I will give you my own words, that I was informed and verily believed that a material witness would be forthecoming on the adjournment on behalf of the defendant—that was as far as my affidavit went, not one syllable did I swear more than I have said—the prisoner's wife made an affidavit as to the result of the interview with the witness, but I did not—I never saw the witness before to-day.
Re-examined. I and the prisoner's wife made a joint affidavit—I swore that I verily believed that a material witness for the defence would he forthcoming on the adjournment, and that only; and the wife swore as to the interview she had had with Mrs. Crispin.
Witness in Reply.
ESTHER LAGDON (or SIMPSON). On Monday, 25th August, I was in Mrs. Crispin's house—her husband is living with her to my belief, she lives with her husband and children at this house I believe—I was in the house when the prisoner's wife and Mrs. Jehu called—I followed into the house as they came into the parlour—I can't sy that I heard the whole of the conversation between them, but soon after they were there I went into the parlour—I couldn't say for certain how long after, it might have been a minute of five minutes—I went in by myself—Mrs. Crispin was not very excited or wringing her hands, she was sitting on a chair quite still—I heard the prisoner's wife say that she had come about the case—I couldn't say the words exactly, it was to that effect—I could not say what she was saying when I came into the room, but she did say that—she said she did not know what tempted him to do it, it was not that he wanted money, or that they were hard up at all; but it must have been the devil—I don't know that she said "The devil that tempted him," but she said "The devil," and she said he was acquainted with a great many bad women—Mrs. Crispin did not say "I cn't think what made me do it, the devil must have tempted us"—she did not leave the room—Mr. Rayner came in—I was at Mrs. Crispin's on the following Tuesday when the prisoner's wife came again, in the morning soon after 10 o'clock—she asked if Mrs. Crispin was alone—she said she had been to Cold-bath Fields to see her husband, and if she would withdraw the charge she should have her property restored—at the first interview Mrs. Crispin was perfectly collected, and answered the questions in the way I have described—the prisoner's wife was wringing her hands and crying very
much—I have not known Mrs. Crispin very long, not as a friend—I have known her by seeing her at her house, she lived there with her husband and a large family of young children, and is a very respectable women.
The prisoner received a good character.
GUILTY . The Jury stated that they did not believe the defence.— Five Year's Penal Servituds.
Before Mr. Common Serjeant.
Other Counts for conspiracy.
MESSRS. MONTAGU WILLIAMS and HORACE AVORY Prosecuted; MR. BURNS BRYSON defended Robinson, and MR. MOYSEY Bedington.
THOMAS ALEXANDER SPROAT . I live at Galley Hall, Great Baddow, Essex, and am a farmer—at the end of January this year I saw an advertisement in the Daily Chronicle, Manager wanted for a Poultry and Dairy Farm, apply to W. Edger, of Bow—I wrote to the address given, and received a reply signed Percy Robinson, asking me to call at 43, Lombard Street. (The letter stated that the farm was one mile from Wimbledon, that it was 320 acres in extent, and would be leased by the Premier Dairy produce and Cattle Breeding Company, then being formed, from the present holder, Mr. Kevil, who required 6,000l. for the stock and valuation in the farm; that the salary would be 2l. to a good clear, or a much larger sum to one able to take the management; that the amount required to be invested would not be more than 25l., and would be returned with interest within three months, and that if he was prepared to pay 5l. on account of the 25l. on Friday he could arrange the vacancy for him.) The letter enclosed this prospectus of the Premier Dairy Produce and Cattle Breeding Company—I went to 43, Lombard Street, on 1st February—I saw Robinson—I said "I have come on that business about the dairy," and he said "Oh, very well"—he said it was going on flourishingly—he said the farm was at Wimbledon, within six miles of London, and it would be handy to get the produce into London—I was to be manager—he asked if I was prepared to pay 5l. as deposit, a sort of guarantee, as there would be a great deal of money passing through my hands belonging to the Company and I was required to pay 25l., 5l. down—I said I would pay him next week—he said that would do if I paid it by Wednesday—I had a small farm of my own at that time at Harrinsate, near Rickmansworth—I said I should have to part with that if I took the situation—he then wrote this out, and I signed it. (This was on note paper headed "To the Directors of the Premier Dairy Produce Breeding Company;" stated that having seen Mr. Robinson about the sole management of the Company, he felt satisfied the vacancy would suit him, and that he agreed to accept the position, and to invest 25l. for a short time, providing he was paid at the rate of 3l. per week, and lived on the farm rent free; and he agreed to pay a deposit of 5l. on Wednesday, and the balance as required.) I then went back home, and on the following Tuesday sent 5l. to the prisoner Robinson
—I received back a receipt in the same handwritting—"February 6, received of Thomas Alexander Sproat, of Ingleby Cottage, Herrinsate, the sum of 5l., on account of 25l. to be advanced to secure the management of the Premier Poultry Farm at Wimbledon. Official receipt with stamp to be forwarded to-morrow. Yours faithfully, Percy Robinson."—I then received a letter from him in reference to my own farm. (This stated that Robinson had written to a gentleman about Sproat's farm, and requested him to send particulars of it)—I sent him the particulars, and then got this letter (Dated February 7, enclosing a receipt for 5l., stating that he could dispose of the farm to advantage, requested him to send another 5l. of the balance, 20l., per return, as they had expenses to pay in connection with the Company on Saturday, and that they would arrange with him in 12 or 14 days, signed Percy Robinson)—I learnt from Robinson that Mr. Keevil was the occupant of the farm—after I got that last letter I put myself into communication with Mr. Keevil, and having done so got two letters from the prisoner, dated 12th and 14th—they both arrived the same day—I went up on Saturday and saw Robinson, who asked me if I had got his letter—I said "No, I left home before"—he told me what was in it; he suggested I should pay 1l. and have a new agreement and a fresh receipt for 6l., and that the rest would be paid when I was installed in the place—that would be on account of the 25l.—he said the directors were to meet next week, I think, to arrange about the farm, and then he would write me about 10 days after that—he said they were going to employ a great many hens, about 2,000, on the farm—he said they might not take Levill's farm, they had heard of a cheaper one—I then paid 1l., and he drew up this fresh agreement (This was dated February, 1884, and was between Percy Robinson and Co., 42 and 43, Lombard Street, on behalf of the Premier Dairy Farm and Breeding Company, and Thomas Alexander Sproat, the Company agree sing to appoint Sproat as manager of their farm or farms at a salary of 3l., including coals and a free home, and Sproat agreeing to pay 5l. down and the balance, 20l., on instalment, that sum to be repaid with interest)—he gave me a receipt for 6l. and I went home—I waited for 10 days of a fortnight and then wrote him again—he put me off again by letter, saying it would be a few days yet before I could take up the situation—about 7th May I went by appointment with Robinson to see a farm at South Benfleet, Essex—he showed me a plan of the farm and an agreement (The agreement was a draft for letting Sayers' farm)—I went over most of the farm—I saw the house which Robinson said was where I should be and where the directors would meet once a fortnight—I told Robinson I would have to leave my own place at the half term on Saturday—he asked me to ask the party who was going to take it if I could not let I stand for a few days till the middle of the week or so—I put off the persons coming into my place till the Wednesday, and I then removed with my furniture to this farm at Benfleet—I did not find it ready for me, the occupant was still in possession; he did not allow me to come in, and I had to take my furniture away again and store it—I then wrote this letter to Robinson: "You have led us a nice dance throught your representations. I find when here that the whole thing has been a hoax from the first. I called at your office twice to-day before the train started, and found it shut. I wanted an order from you to go the farm. Not having got one I went out and found you had done nothing in the matter. I shall have
to store the furniture at the Company's expense till they find me a place to take it to, or pay the wages from date of agreement, also 6l. lent to you to be repaid with interest within three months, also compensation for loss of time, money, and situation. I shall write all the directors whose names you have given me. If I can get no redress in that way I shall immediately take steps to have you punished"—I received an answer, which I have looked for and have not got, and after that came twice to the office but could not see Robinson, he was not there—I wrote this letter to the chairman of the direction, the Hon J.F. Erakine (This letter was found at Robinson's when he was taken into custody. It stated the particulars of the transaction with Ribinson, and that the witness considered himself entitled to compensation, and would be glad to know what the chairman was prepared to make it. A letter from Mr. Erskine to Robinson, found at Roboinson's house, was also read, dated 13th May, and expressed the writer's surprise to see by the enclosed that he had been represented as chairman of the Company when he had twice written declining it, and that he had written Mr. Sproat, as he was no party to engaging him as manager)—I did not see Robinson—I never succeeded in getting any of my money back from him—when I parted with my money to him I believed his statement and the prospectus, I believed my money would come back—I believed the statement made by Robinson about the Company.
Cross-examined by MR. BRYSON. I was not introduced to Mr. Harrison, the solicitor to the Company; Robinson did not ask me to see him—he did not tell me that untill the solicitor had prepared the necessary agreements I could not get into possession of the house on the farm—I visited the farm in company wiht Robinson, no one else—I did not see the owner of it, I saw the man managing it for him—he did not confirm Robinson that negotiations were being carried on for the purchase of that farm—I did not tell him why I went there—he knew Mr. Robinson had an order from the agents to view the farm with a view to purchase; I saw him show that order to the occupant—he said he went there with a view to negotiating the purchase, and he wished to show me over it and take my opinion as to purchasing it—I advanced 5l. and 1l. to Robinson with a view of procuring the situation of manager—I did not advise Robinson that that or any farm would be a desirable speculation, I did not advise him anything about it—I went there to look over the place where I was going to live—we had a talk over its suitability—I thought it was a desirable place to take, and that by paying 25l. I should get a desirable situation for life—2,000 hens was suggested to me, I thought it was too many—the farm was near southend—they would go to the London market.
Cross-examined by MR. MOYSEY I saw nothing of Bodington in any of my transactions.
ALFRED TIDMARSH . I am a confectioner at 50, Southampton Street, Pentonville—in March, 1884, I saw an advertisement in the Daily Chronicle of a manager being required by a Colliery Company, address G.M., Arnold Road, Bow—I wrote to that address and received this post-card. (This was dated 8th March, and asked him to call on Mr. Arthur Robinson, 43 Lombard Street, the next day at 4 o'clock.) I called on the 9th at Lombard Street; I saw Robinson, he showed me this prospectus of the Stretton Landsdale Colliery Company, Limited, but it was then without my name as manager—I read it, and Robinson showed me the
articles of memorandum and association—he said the shares were all taken up, and I was to take up 200l. in debentures to secure a situation of 200l. a year—I left and said I would consider the matter—I wrote several letters to him and saw him on different occasions—on one occasion he told me the Colliery was all in working order, that the output was about 50 ons a day, and that the houses and machinery were all in good working order, and that the ground had been stumped out to join the railway—in the end I agreed to do what was wanted—I went to Mr. Harrison's the solicitor's office, in Chancery Lane; I saw Mr. Harrison's clerk, and this agreement was handed me by Robinson. (In this Percy Robinson agreed to employ Alfred Tidmarsh as manager of the company from 31st March at a salary of 200l. a year, payable monthly, Tidmarsh to pay 10l. on signing the agreement, and 50l. on registration of the Company.) I paid 10l. on signing the agreement—on Easter Monday, 14th, April, Bank Holiday, Robinson called on me at Woolwich and said he had come in respect of the 50l. due on that day, and that the Comopany had been registered on the Saturday previous—I paid him the 50l.; he gave me a receipt, which I have mislaid—he had also given me a receipt for the 10l.; that I mislaid—I had a doubt and called on Harrison, and two days after I went and saw Robinson at an address in Bow—he was partly or quits intoxicated—I told him I found the affair was not registered, and previding he did not register it at once, I would give him in charge—I went with him to Lombard Street—I afterwards attended several times at Robinson's office—there was no business going on there—I saw a room half full of the prospectuses of the Company, all ready to post, but with no stamps on—I attended nearly every day at the office, and could get no satisfaction, and then I went down to Stretton Colliery and found it was not in the hands of the Company at all; there were about four men at work there—when I parted with my 10l. I believed the Company was already formed and the shares taken up as he told me—when I parted with my 50l. I believed the Company had been registered.
Cross-examined by MR. BRYSON. I met one of the directors of this Company after I entered into the agreement—I thought the Company had been registered—Harrison did not inform me it had been; I did not see him when the agreement was signed, I saw his clerk—I saw Harrison and asked him whether he had registered the Company; he told me it was not registered—it was not registered on the Saturday before the Monday on which I paid the money—I inquired after I paid the money—the Company was registered afterwards—I went and had a private look over the colliery to see what it was like; it was a going concern, not 50 tons a day, but about four or five—that was this year, I could not say what month, it was after all the money was paid—I have had some little experience of collieries among my relations, who are connected with collieries—I have had practice as a veterinary surgeon, I do not represent myself as one; I was brought up to it—I was a confectioner at that time—I did not pay the 200l. because I could see matters were in a queer state; there was no money to pay for stamps for the prospectuses.
Cross-examined by MR. MOYSEY. Bodington had nothing to do with the matter.
May last I had a conversation with him about the Dairy Produce Company, and in consequence of what he told me I went up with him to 43, Lombard Street, and he introduced me to Robinson, who said "Well, I suppose Mr. Sproat has told you all about this affair?"—I said "You, he has told me generally about it"—Robinson said "Are you prepared to take up the secretaryship of this Company?"—I said "I think I am competent for the duty"—he said "Of course you will have to pay so much, 500l. will be required in consideration of receiving a salary of 300l. a year, and having free quarters at the farm for yourself and wife"—he told me the farm was near Southend, Essex—he said I should pay 100l. on being installed in the office of secretary, and the balance of 400l. could be paid out of the profits and salary—I said I should have to write to my family solicitor for hte money, and left—I afterwards wrote to Robinson, enclosing some questions I wanted answered; I gave that to Robinson or left it at his office, I forget which—I was to become a member of the firm of Percy Robinson and Company, which I first heard of when I first called—that was a different company to the Dairy Farm Company—I got these answers to my questions, dated May 6th. (This stated that his appointment to the Dairy Company as secretary was not conditional, the partnership was offered so that being in the office he could take up the secretaryshiop of any otehr company. That they offered him Stretion bonds as security for his money: and that nond of the other partners accepted then they being satisfied asto the merits of the affair. That if he accepted the secretaryship and paid 100l. at once, the remaining .400l could be paid out of profits. That they wished to devide at once, and would he call to-morrow at 11.30.) In consequence of that I went to Robinson's office on 9th May; he wanted a portion of the 100l. there and then, 20l. of it—I said "I will give you 10l., though I am rather doubtful about it, certainly not a halfpenny more"—he said "This is very irregular procedure on your part, I don't at all like it, but as a favour to you I will accept it"—he did so, and gave me this receipt: "Received of Mr. A. Lindsay 10l. on account of 100l. to be received, official receipt to-morrow. Percy Robinson"—that was before my brother-in-law had moved down with his furniture—I made an arrangement to see Robinson next day in order to have an agreement drawn up and executed—I called four or five times, nobody appeared—on Saturday, 10th May, I met Robinson by appointment at the solicitor's Mr. Harrison's, offices, 57, Chancery Lane—Mr. Harrison was engaged in the Law Courts I was told by his clerk—I then proposed to Robinson to go to a solicitor, a friend of mine, in John Street, Bedford Row—Robinson agreed and went with me—when we got there the principal was not there, but his managing clerk was; he said he would like to know all about the affair—Mr. Robinson said "I deal only with principals"—I told him "This gentleman has quite the confidence of the principals, and has discussed with me before"—he said he would have nothing to say to him—we then returned to Mr. Harrison's office, and I made another appointment to meet Robinson at Harrison's on Monday, 12th May—I attended that appointment, Robinson never came—I don't think Mr. Harrison was there—I waited an hour or two, he never came—I moved with my brother-in-law on the Wednesday to Benfleet—I met him at Fenchurch railway station, and we met Robinson coming down the platform from another train—Robinson spoke first, he said "Hello!
where are you going?"—I said "We are going now to the farm in Essex"—he said "Don't do anything of the sort, but come with me to Mr. Harrison's"—I said my arrangements were made already, and I had entirely lost confidence in him—I suggested he should wait to see Mr. Sproat, who was upstairs, we being downstairs—I said I would go and fetch Sproat if he would wait—I went to do so and I saw Robinson run off very quickly when he saw Sproat coming—we wnet to his office to see if he had gone there; we found the office entirely closed, no one there—I then went down to Benfleet with Sproat, and luggage, and furniture, and found the place occupied, and we had to store the furniture—at the time I parted with the 10l. I certainly believed the man was in a position to give me the appointment of secretary to the Company.
Cross-examined by MR. BRYSON. Robinson never told me that negotistions for the purpose of the farm were not completed—he told me not to go to the farm when he met me at Fenchurch Street Station—he said nothing about the purchase, he led me to understand all along that the purchase had been completed, he said there were 1500l. of capital paid up—I never spoke to Mr. Harrison, I saw him in his office for a minute—I met a Mr. Hunt in the office, I don't know what he had to do—there were different people in the office from time to time—I did not agree to pay a certain sum to take up debentures in a proposed syndicate—I applied to a solicitor in Edinburgh for money to enter into this speculation and got 100l. of which Robinson got 10l.—I know nothing of a syndicate, I was to be a member of Percy Robinson and Co. and secretary of the dairy farm—I was not aware the Company was to be a syndicte instead of Percy Robinson and Co.—he said there were certain directors—I met no one but himself—I met Hunt, he seemed to be a clerk in the office—Robinson said that in a year or two he would come into property and then become a great man in the Company.
Cross-examined by MR. MOYSEY. In connection with these matters I knew nothing whatever of Bodington.
JAMES ROWE . I live at 117, Livingstone Road, Stratford, and am a clerk—on 24th July I saw this advertisement in the Daily Chronicle: "Clerk to a merchant, salary 2l., hours 9 to 5, 50l. cash security required; letters with full particulars to be addressed to 27, Lucas Road, Abbey Lane, Stratford"—on the same day I wrote this letter (This was found at Robinson's and stated that the writer had had much experience and could give first-class references, and inquired whether a guaranteed security would do)—I sent that, and on Saturday, July 26th, about 8 or 9 o'clock p.m., Robinson called on me and said "Can I have an interview with you and speak to you privately?"—I invited him into my apartments—he said "Are you prepared to pay 2l. for my procuring you the situation according to the advertisement?"—I told him "No"—I offered to pay it by instalments out of my salary—he said "That will not do, I must receive 10s. to-night so as to write to Mr. Bodington, the chairman of directors, and tell him I have received the deposit"—I made an arrangement to see him in an hour's time—I asked him what office it was—he showed me a printed prospectus of the Permkanent Syndicate Company, the "Permanent Syndicate Company" was only pencilled in when I saw it—he said if I paid him 1l. he could procure me the situation with a salary of 2l. a week for the first six months, 2l. 10s. for the next six, and 3l. afterwards—I agreed to pay 10s. that night—I called at his house that night and went
to the Lord Napier public-house in Abbey Lane with him and there paid him 10s., believed that he could obtain me the situation—I arranged to meet him in Abbey Lane on Monday, 28th July, to proceed to the Company's office—I met him on Monday, and we went to the Royal Exchange, where he told me he had an appointment—he directed me to get my references and he would meet me there at 2 o'clock with Mr. Bodington—I got my references, returned to the Royal Exchange at 2 o'clock, and waited till 20 minutes past 4 o'clock, but neigher Bodington nor Robinson came—at 7 o'clock I went to Robinson's house—I said "How is it you did not keep you appointment?"—he said he had to go to Dalston, and on the way back found himself at Old Ford, and did not think it worth while to come back to meet me—he tole me my salary was goint on all right, "You need not trouble, meet me to-morrow at our office in Bury Court"—I asked him to give me the address of the office in writing, and he wrote this, "Percy Robinson, 9, Bury Court"—he told me to meet him at 11 in the morning at the office there—on the 29th I went to 9, Bury Court and inquired for Robinson and for the Company—neither were known there—I waited there an hour and 20 minutes, and then Robinson came and took me to the first-floor landing, and then went in and fetched Bodington out and said, "This is Mr. Rowe," pointing to me—Bodington said, "Oh, you are Mr. Rowe, the gentleman that Mr. Robinson has engaged, that will be all right"—at that time I believed Bodington to be a director—I then left that Robinson—I subsequently handed him my testimonials—he said at that time that he had to go to Ludgate Hill to fetch some prospectuses, which would cost 30s., but he was 3s. short of that—I told him I had not got it—he asked me to get it from a friend of mine—I went and saw the friend, and told him, not to let Robinson have it—I left Robinson, arranging to see him at his house on 30th July—I called there at 10 a.m., he had left—I called again at 8 o'clock and saw him, and arranged to see him on Thursday, 31st July—I saw him then, and asked him what his intentions were, and how I was going to get my salary—he said, "That will be all right, there was nothing to do that day, we have been disappointed of prospectuses, and the meeting of the directors is adjourned to Friday, and will take place at 9, Bury Court"—he gave me a letter to give Bodington—on Friday, 1st August, I went to 9, Bury Court, where I saw Bodington—I asked him for Robinson—he tole me, "Mr. Robingon has no business there whatever, I cannot understand his sending you here; Robinson has been getting drunk, and giving me a bad name and disgracing me"—Robinson called on me the same night—told him I had seen Bodinton, and found he had no business at the office—he said, "If Bodington told you that he knows nothing about it, and if Bodington rounds on me I shall round on him"—he was the worse for drink and abusive—I asked him I was to get paid—he said, "As far as that goes I could pay you now"—he did not, but made an appointment for me to meet him on Saturday at 11 o'clock at Bury Court—I went and waited till 5 minutes past 2; he did not turn up—I called at his house on the same afternoon; I saw him; he handed me a note which Bodington sent me (This stated that the writer was sorry he could not came as all would have been put in shape as arranged, and that if he would call to-morrow (Bank Holiday) all should be settled)—I and Robinson then went to the Lord Napier, and I told him I had heard
that others had applied for this situation, and that he had taken 5l. from another gentleman—he said that was quite right—I said, "You have shared the money with Mr. Bodington"—he said, "You have gained some news somewhere, some one has been telling you, it must have been Arthur, the office boy"—I told him I heard Mr. Bodington was going to buy a hat and waistcoat out of the 5l. he got from the other gentleman—he said, "It is not a new hat Mr. Bodington is going to buy, it is a secondhand one"—I told him it was no more than I thought it would come to, I should get nothing—he told me to come to the office on Tuesday at 11 o'clock and it would be all right—I went, neither of the prisoners had been there—on Wednesday, 6th August, I saw him in Bishopsgate Street—I told him I had been to the Bishopsgate Street Police-station to get a warrant for his apprehension—he asked me to stop the warrant and give him till 12 o'clock to-morrow to meet him at the Royal Exchange, when he would pay me—I met him there—he said, "I have not the money for the week's salary," and asked for an extension of time—I did not go to 9, Bury Court after—I got a warrant and they were taken into custody.
Cross-examined by MR. BRYSON. Robinson never mentioned that on account of the badness of my handwriting and spelling I was not qualified for the post—I never asked him on that to get me a situation in any capacity in the office, nor did I agree to give him 200l. if he got me any berth—I have been clerk to my father, who was an engineer; I was a clerk also to a salesman in Spitalfields Market—I was competent to act as secretary to a company because of my education and the practice I had had—I swear Robinson did not tell me I was not competent—I paid him 10s. that I might be secretary of the Permanent Syndicate Company—I was never secretary to any company nor clerk in any office, but I was prepared to undertake these duties.
Cross-examined by MR. MOYSEY. I first saw Robinson on the 24th—Bodington's name was first mentioned on the 26th, when I was to pay Robinson money, and he was to write Bodington the chairman of the directors, as I understood—a prospectus was shown me with Bodington's name on it as a director, not chairman—I saw Bodington on the Tuesday following—I paid him no money—he merely said, "Oh, you are the gentleman Mr. Robinson engaged, that will be all right"—I did not accuse Robinson of dividing my 1l. with Bodington, but the 5l. paid by Mr. George—I was told that in the office, 9, Bury Court—I never saw Bodington drunk—I do not know of my own knowledge of any of my money passing into Bodington's hands.
Re-examined. Arthur, the office lad, told me Bodington received half the money.
JAMES GEORGE . I live at Queen Street, Stoney Stanton Road, Coventry, and am an estate collector—on 23rd July I saw an advertisement in the Daily Chronicle for a merchant's clerk at 2l. a week—I wrote to the address 27, Lucas Road, Abbey Lane, Stratford, enclosing a testimonial, and referring to two gentlemen—in reply I received this letter, which is in Robinson's handwriting—I have seen both of the prisoners write—in consequence of that I came up to London on 30th July, and went to 9, Bury Court. (The letter stated he would be required to deposit 50l. to obtain the appointment of secretary to a Financial Company, where considerable amounts would pass through his hands, that the salary would be progressive up to 300l.
a year, and that if prepared to deposit 5l. or 10l. the next day, and he would wire to say what time he would call, that two directors might be there to meet him, the matter could be arranged.) I wired him that I could come up at three o'clock, and on 30th July went to 9, Bury Court, where I saw Robinson—he showed me a prospectus, and said "This is the Company which you are to be secretary of"—he said it had been in existence about eight years—he had met me and asked me to wait outside the office a little while, and then I went in, and he introduced me to Bodington—after a little while he said "This is Mr. George, from Coventry"—Bodington said "Oh, you have come up about this secretaryship?"—I said "Yes, sir"—he said "I am one of the directors"—Robinnson went on writing, and presently asked me if I had the deposit—he said "Colonel Walmsley is one of the directors, he has not yet turned up"—he said he was a barrister—Bodington said "We have taken the Company over from Percy Robinson and Company"—Bodington and Robinson both informed me that the Company had not been going on so satisfactorily as it might have done—Robinson said "We have wired for six to be in attendance out of the 120 applications we have received"—after waiting a little while Robinson said "I suppose the others have not turned up, Mr. Bodington; you had better decide on Mr. George, as he seems a suitable person for us"—Robinson then prepared an agreement. (This was between James George and Percy Robinson, on behalf of the directors of the Permanent Syndicate Company; George agreeing to accept the secretaryship of the Company at 200l. a year, advancing up to 300l. and to pay a deposit of 5l. on signing the agreement.) Bodington said "We must secure Mr. George's services for a number of years, we must make that all right, Robinson; as it would be a serious thing for him if he was out of a situation after us taking him over"—I paid the 5l. and received a receipt from Robinson, who asked me, in Bodington's presence, if I could spare a little more—I told him I could not—Robinson, Bodington, and myself then went—this was about 3 o'clock, I think, and it was arranged that Bodington and I should meet again at the office, 9, Bury Court, at 4.30, to have a further talk over the matter, as Robinson wanted to go to Bow—I went back at 4.15, and waited till 4.30, when Bodington came and asked me to wait a short time outside and he would go out with me afterwards—he came out with another gentleman—Bodington asked me to take some refreshment—I said I was a total abstainer, and did not care to go anywhere—he said "Oh, come and take something"—we went to some place just outside the court with the other gentleman, Mr. Boucher I believe—I had a bottle of lemonade at Bodinton's expence—he said "Yours will be the post, and if Robinson does not give us satisfaction we shall dismiss him"—I asked Bodington how I was to be paid my salary—he pulled out a document, and said "If I can do this business I shall have 700l.; I can easily arrange to pay you your money. We want a person that would use a little energy, and will make the thing go, as a secretary; and I think you will be the person to do it"—he said seven clerks would be under me, he had already seen one or two—this conversation took place outside the public-house—Bodington left the gentleman and walked alone with me; at the corner of Lombard Street he said "Wait a moment, Mr. George; a gentleman I know"—he went and spoke to a gentleman, and came back and told me "That is one of the directors, I was just speaking to
him about you"—I said "I thought so"—I asked Bodington if he would show me the offices in Lombard Street, 43, I believed—he said "Oh yes; came with me"—we went some distance up Lombard Street, and he looked at one side and then at the other, he could not find the number—I saw No. 41 and pointed it out, and then he found 43, and said "Yes, this is the place"—there were some plates on the door representing the offices and pointing with his umbrella he said "Look here, ours will come between this one and that one"—we proceeded farther, and he said "Of course you know, Mr. George, your 5l. is nothing to us, to 50l.; you know I have married well, and I have got about 700l. a year coming in, I need not do anything; your 5l. is a mere nothing to us; if you should not like the position I will see that you have your money back, I will be responsible for that; you must come round and see me"—I said "Yes, I shall be pleased to do so"—he said "I will give you my address in my letter that you will receive on Friday," or "Saturday," I forget which—I said "I have your address already, I noticed it on the document you showed me"—it was 136, Westbourne Terrace—he said "I like you because you are sharp and notice things, and a total abstainer and ask many questions; I wish I had known you a month earlier, I could hace put you into a far better position than this"—a little time after he said "Now, Mr. George, will you believe me," pulled himself together as a director would, "as a man, that I will see you all right"—I said "Certainly"—I was anxious for him to unbutton his coat, I wanted to have a look at him—I said nothing to induce him to do so, and he did not—I went back to Coventry—on 31st July I wrote this letter (This requested that his duties might commence on 1st October instead of on 1st September). On 1st August I received this letter (This stated that the writer had seen several of the directors, who had confirmed the arrangement; but said that 10l. should have been deposited, and that he, to defend himself, had said that another 5l. was to be remitted on Saturday; it requested, therefore, that another 5l. should be sent on Saturday, and added that prospectuses would be ready to-morrow this his name attached, and that his salary would commence on Wednesday next)—I received a telegram the same day, "Have arranged as you wished with Bodington and Walmsley; I repeated you were remitting 5l. therefore don't fail"—on the same day I wrote this (Stating that he was not in a position to forward any further deposit, but that it could be taken out of his salary; and that he would like to go throught the books in the office before entering on his duties and giving up his other post.) I had been with my Company 15 years in December—on 3rd August I received this letter. (This expressed disappointment at the non-receipt of 5l., and stated that an arrangement could not be made with the directors till it was remitted, and that he had better call on him in London, and pay what was required.) I then received this post-card, dated 2nd August, 136, Westbourse Terrace (Suggesting that witness should see Robinson on Monday), and this letter dated 5th August, also from Bodington, 136, Westbourse Terrace (Asking when the witness could meet him at Broad Street Station)—I received this letter from Bodington, dated 15th August headed "The City and Suburban Bank, 97, Leadenhall Street." (This stated that from the disgraceful manner in which he and others had been treated the writer had declined to have anything further to do with Robinson; that if he would come to town in a few days there was an opening
ready for him on the Board of Directors of a bank, as per enclosed, with a salary of not less than 100l., and an opportunity of doing other business in connection with the bank, which would be connected with a building society, established eight years, of which B. Shakespeare was manager. The prospectus of the bank was pringed for "privage circulation," and stated that the capital was 60,000l., and was at the same offices as the Progressive Building Society.) On the 9th August I came to London, and found Robinson in custody on another charge—at the time I parted with my money I believed I was to have this appointment as secretary, and that Bodington was a dirctor of a bona fide Company at the time—he told me there was a capital of some 13,000l., I think already in the Company, with power to increase it to 150,000l.
Cross-examined by MR. BRYSON. I accepted Robinson's assurances that the business had been in existence eight years—he did not tell me he had been in the business eight years and was about to form a syndicate to carry on the business—when I saw him in Bury Coury I am not notice any particular name painted up; I think the name of Endall and Co. was up—I did not see Robinson's name up—I did not see the name of the Permanent Syndicate Company of which I was to be secretary painted up—I took their word that it existed—they told me these were temporary offices while the others in Lombard Street were being fitted up—I am not aware that under the limited liability Acts companies must have their names painted up—I did not inquire if any such company had ever been registered.
Cross-examined by MR. MOYSEY. My first interview was with Robinson and Bodington together, a part of the conversation was taken by Robinson, but Bodington mentioned a good deal—I then made a payment with Bodington—the 5l. was a deposit on 50l. to be paid by instalments to secure the secretaryship—I did not see Bodington after that day till he was apprenhended—representations as to the bona fides of the Company and capital were made by both prisoners—I noticed the name of Bodington in the directorate of the Permanent Syndicates Company—he said he would come to the office once a day to test the books, and so on—I swear Bodington told me the Company had been established eight years the first time I saw him—I am positive that referred to the Permanent Syndicate Company; a building society was not mentioned—about an hour and a half elapsed between my first and second interview with Bodington—I got back at a quarter-past 4 to make inquiries in the office as to the Company—the letter of 2nd August was the first I received from Bodington, that recommended me to see Robinson—Bodinton showed me a letter in which something was said that if he succeeded in negotiating a sale or business he would have 700l.—I came to London on 9th August unaware that there was any fraud in the matter—I thought I should like to investigate the matter, and went to 136, Westbourne Terrace and inquired for Bodington; he was not in, and the landlady did not know what time he would be, nor when I could see him—a gentleman inquired at the same time for Bodington, and I understood from him that Bodington had lived with him and owed him 1l. I then went to Stratford late at night to investigate the matter—I went to West Ham spoke to a constable, and then meeting a sergeant the constable told him about it, and I told him I had been swindled, and then as I was going up to 27, Lucas Road, a person came after me and asked if it was
Percy Robinson I was speaking of—I said it was, and went back to the police station—this was about 10 on 9th August—I believe Robinson had been arrested on the 8th—I afterwards received the letter 15th August from Bodington—after I heard Robinson was arrested I was satisfied that the whole thing was a swindle, and sent the leters with all enclosures to Inspector Wildey—I wanted Bodington to unbutton his coat that I might see if he was dressed as a director should be.
JAMES CARTER HARRISON . I am a solicitor, of 57, Chancery Lane—I became acquainted with Robinson in april, 1883, by bringing an action against him for a client to recover money for advertising the Blue Ribbon Beverage Company—I signed judgment on behalf of our client, and put an execution into 43, Lombard Street—we got nothing, as more rent was due than the value of the goods there—after the execution Robinson called on me and introduced to my notice the Permanent Syndicate Company—he said he could not pay the judgment debt, but in this Permanent Syndicate Company all the shares had been subscribed, and the matter was complete except for registration, and he requested me to prepare the memorandum, which was sent to Counsel and returned to me on 13th June; it was never signed—some time after he called and showed me a printed prospectus of the Permanent Syndicate Company—I obsered my name on it as solicitor—when he had showed me the prospectus and mentioned certain contracts of which I was ignorant, I said "This must not go out," and he assured me it was a proof, and I kept it thinking it was—I never authorised the issue of this prospectus with my name on it as solicitor—I registered the Stretton Coal Company—the only portion of that was paid by a cheque in favour of Mr. Tidmarsh which Robinson handed me—Robinson handed me that to pay for the registration with Tidmarsh's consent, who was with him at the time.
Cross-examined by MR. BRYSON. I did not inscribe my name on the rough draft of the Stretton Company—I registered it and paid the registration fee—Tidmarsh's cheque was 17l. odd—the registration fee was between 10l. and 11l., the balance went on account of the costs—I received no sums from Robinson independently of Tidmarsh's cheque—I received 1l. from him twelve months ago in the matter of the judgment debt, nothing else—I received a sum from Mr. Frost for work done for Frost not on Robinson's account at all, it had nothing to do with the proposed Syndicate Company.
ELIZABETH STYLES . I live at 136, Westbourne Terrace—Bodington does not live there—about six months ago he came and asked me to allow him to have private letters addressed there, and I let him do so, and he called two or three times a week for them—I remember him coming on 15th August; he asked me to lend him some money, and I told him I had only 1 1/2 d. in change in my pocket—he said "Will you give me that, I am rather hard up this morning"—I lent it to him, I would have lent him more if I had had it—I never saw his wife.
Cross-examined by MR. MOYSEY. Letters have been addressed to Bodington for six months—I have been acquainted with him within 12 months—he has transacted little matters of business for me, some he has carried through, some he has not—I know nothing against him.
Re-examined. I have not seen him since I lent him the 1 1/2 d.
18 months ago I let to Mr. Smith the third and fourth floors—Robinson subsequently occupied the fourth floor furnished from Mr. Smith, and I have seen Robinson and Bodington there together frequently—I saw bills there headed "Bodington and Co., 43, Lombard Street"—since this matter a great many inquiries have been made for Robinson and Bodington—I have not had any rent for the last six months from Smith—I did not let the offices to the prisoners—I got possession of the offices at last by means of an ejectment summons against Smith.
Cross-examined by MR. BRYSON. As a matter of fact Robinson was not my tenant.
Cross-examined by MR. MOYSEY. Most of the inquiries were made against Robinson, but one or two were against Bodington.
Re-examined. The inquiries were the contrary of a joyous nature.
JOHN LLOYD (Detective K). On 8th August I apprehended Robinson at Stratford on a warrant—I said "I am a police-officer and I have a warrant to arrest you for fraud"—he said "Where is the warrant?"—I produced it—he tried to snatch it from me—I caught hold of him—he said "I must go home first"—I told him he could not and then took him to the station—he became a little violent—I called on a gentleman to assist me—when charged at the station he made no reply—I searched him and found on him some of the documents produced—I afterwards went to his house, 27, Lucas Road, and found there a great number of papers, which I handed over to Inspector Wildey—on 25th August I apprehended Bodington in Westbourne Terrace in the road—I called to him "Mr. Bodington"—he turned round and said "Yes"—I said "I am a police officer, and I shall have to arrest you for fraud"—he said "Where is your authority?"—I said "I have it here, I will read it to you"—I read it to him—the charge was obtaining money by false pretences from James Rowe and James George—he said he knew nothing of the matter whatever—I then conveyed him to Paddintong Station, and he was detain while I made some inquiries—I afterwards took him to West Ham, where the charge was read over to him—he said "I have nothing to say, but when the time cones you will find me a woke"—"I searched him and found this letter on him—Robinson was then in prison. (This letter was headed Clerkenwell, August 23rd, addressed to Bodington; it expressed surprice that he had not called on him asserted that everything had been done legally, and that Rowes had not been appointed because he was incompetent for the post and had not produced the required amout, and requested he would send a few shillings towards a Barrister's fee for his defence, and was signed "P. Robinson.")
Cross-examined by MR. MOYSEY. I am quite sure Bodington used the word "awake."
RICHARD WILDEY (Police Inspector Criminal Investigation Department). I received a great hamper full of letters from the last witness and picked out from them some of the exhibits produced here to-day—among others was one from the Hon. Mr. Erskine inclosing one from Sproat—there were memoranda of association of the "Chesterfield Callow Brick and Land Company," of the "Pillowell Engine Colliery Company, Limited," of "Aaron Robinson, Junior, and Co., Limited," of the "Miners' Dwellings and Cottages Property Association, Limited," of the "Derbyshire District Coal and Iron Company, Limited," and draft prospectuses of the "Midland Counties Coal Company, Limited," of the "London and District
Coal and Coke Company, Limited," of the "Leicestershire Non-intoxicant Wines, Syrups, and Aerated Water Company," of the "London and Leicestershire Non-intoxicant Wines, Syrups, and Aerated Waters Company"—on the last one I found the name of W. Bodington, Esq., as director, 21, Finsbury Pavement, W.C.—Bodington, of 30, Great St. Helens, appears as a director on this draught prospectus of the "London and Burton Non-intoxicant Wines Company," also of the "Blue Ribbon Company, Limited"—there are also draught propectuses of "Percy Robinson and Co., Limited," and of the "Permanent Syndicate Company."
SYDNEY CASSBOURNE . I am in the department of Registration of Companies at Somerset House—no such company as the Permanent Syndicate Company is registered there—I have been in Court and heard the names of the Companies just read—none of those are registered.
Cross-examined by MR. BRYSON. Stretton Colliery Company is registered.
Cross-examined by MR. MOYSEY. I should say it is usual to endeavour to float a company before registering it.
On the application of MR. MOYSEY the COURT withdrew from the JURY the Counts charging conspiracy in the cases of Sproat, Lindsay, and Tidmarsh.
ROBINSON— GUILTY on all Counts of false pretences.— Five Years' Penal Servitude.
BODINGTON— GUILTY on the last Count of conspiracy— Nine Months' Hard Labour.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. WARBURTON Defended.
CAROLINE BROWNING . I am the wife of Thomas Henry Browning, of 37 Barmeston Road, Catford—the prisoner came into our service as general servant in March last—I had on several occasions prior to 29th September occasion to reprimand her—on 29th September I missed some lace—I spoke to the prisoner about it; I found some of it on her dress—I went to her bedroom, and noticing that it was not as clean as I wished it to be, I told her to scrub the room, and I also told her I should send for her mother to tell her of her conduct—about 1 o'clock I went down-stairs for the purpose of cutting the prisoner's dinner—she was then in the scullery—I remained in the kitchen about 10 minutes—I took the dinner things upstairs myself—at a quarter past 4 I asked the prisoner to bring me a glass to beer—we keep the beer in a cask in the beer-cellar near the kitchen—I keep a key in the barrel, she could draw it—that was the only barrel of beer in the house—she brought me the glass of beer, and I drank it; it was all right—about 9 o'clock I called her upstairs and I gave her certain directions about the bedroom, and at 10 o'clock I called downstairs and told her to go to bed, and told her to bring up some beer for me as she came up to bed—she did not bring it up at once, and I waited and dozed off to sleep, and when I woke the beer was not in the room—I called down to her to bring up the beer—
a few minutes after she brought up a jug of what appeared to be ale, and put it on the table and left the room—I produced out a glass of it and drank about half of it—I felt a burning sensation in my throat and a coppery taste, and I commenced to vomit immediately—I vomited in a chamber utensil—I then held the remainder of the beer in the glass up to the gas, and for the first time I noticed it was of a bright green colour—before the vomiting I went to the prisoner's bedroom on the landing and said, "Mary, what have you put in the beer? I am poisoned"—she said, "I put nothing in the beer"—at that time she was quit dressed—I said, "Come to my room and look at it"—she came into the room, and I pointed out to her the half-empty glass with the beer of this greenish colour—she poured it from the glass into the jug, and took the jug and glass in her hand to take downstairs—I said "Leave it where it is"—she put the jug and glass down—I sent for my neighbour Mrs. Player and Dr. Mitchell—Mrs. Player came immediately and acting on her advice I took some mustard-and-water—she remained with me till the doctor came—I continued to vomit the whole time; I still had a burning sensation in my throat; I frequently used the basin besides the other utensil to vomit in—Dr. Mitchell gave me hot water and salad oil, and I gave him the beer in the jug—he poured it out into two clean bottles—the jug and tumbler remained in the bedroom till next morning, the prisoner then took them away—there was no beer in them, it had all been poured out, and I then found the jug and glass washed quite clean—the vomit was put in a spare bedroom adjoining mine; that was an unoccupied room, no one slept there, it was not part of the prisoner's duty to go in there and empty slops, no one slept there—on 30th September she emptied the slops in my room and then went into the spare room, and I saw her come out with the utensil containing the vomit—I told her to put it back and not to touch it, and it was subsequently given to Inspector Butcher—all Tuesday night I suffered from pains in my stomach—I afterwards found a dishcloth hanging on a bell in the scullery, and an old newspaper spread over a box, and a pocket-handkerchief on the copper; on examining all these I found green stains upon them—I also found a small piece of soap in the sink stained green—all these things were taken away by the inspector—we had two vases in our room made of copperas under glass cases on a stand—it is a very brittle material, and can easily be broken off—I had always warned the prisoner not to touch them, I told her they were of a poisonous nature; I always cleaned them myself—in moving them from one house to the other some pieces had come off, which I put in brown paper on the top of a cabinet in the dining-room—on Friday evening, 26th September, I cleaned the glass shades and stand and dusted inside the shades—they were all right then, there were no chips or pieces—on the Wednesday I noticed some crumbs of the sulphate inside the shade, fresh done—about two months before this my husband broke off a piece from the vase about the size of a pin's-head and dissolved it in hot water for the purpose of putting on a child's scratch—the prisoner was present at the time, and she asked my husband if Tommy was to drink it would it kill him, and my husband answered, "Yes, and you too."
Cross-examined. I am quite certain that the prisoner was present on that occasion—I had a satisfactory character with her when she came to me, a written one—during the time she was in our service she has not
shown signs of violent temper, she was quiet—this (produced) is one of the vases; it is very brittle—no one else could have been in the house on 29th September without my knowing it—it was about half-past 4 in the afternoon when I had the first beer—it was in the evening that I was dozing for a time—I think I dozed about a quarter of an hour as near as I can say—I had drunk about half a glass of the beer—it would be the prisoner's duty to empty the slops unless she was ordered the contrary—she did not endeavour to get away after the police came; she was in the house on the next morning doing her duty as usual.
THOMAS ALEXANDER MITCHELL . I am a surgeon, of Catford Bridge—on 29th September, about 11 at night, some one came to me—I went down and found the prisoner there, and asked her what was amiss—she told me her mistress had been taking some blue water or something in her beer—I at once went with her to Mrs. Browning's—I found her upstairs sitting in a chair vomiting, and complaining of pain in the stomach and bowels; she was suffering considerable pain—I administered hot water and salad oil, and treated her for that pain—I examined the vomit; it was of a greenish colour mixed with food, I smelt a coppery odour—I saw on the table part of a glass of beer, quite half a glass; it looked quite green—I tasted it and found it tasted coppery and very acid—there was a jug on the table with similar stuff in it—I afterwards put the liquid from the jug into clean bottles—I gave Rittman one of the bottles; the other one Mrs. Player had, and it got broken—I afterwards went downstairs and saw the prisoner—I asked her where she got the beer from—she showed me the beer barrel—I at once drew some of it and tasted it; it was perfectly good beer, there was no coppery smell or tste—the key was in the tap—I saw Mrs. Browning next day—she was not in quite so great pain as the day before, she was feeling sick—I examined the vomit that day—I put a knife into it and it gave it a coppery colour and a deposit of copper on the blade; that is the test of copper—I took charge of some of the vomit and put it in a bottle and gave it to Butcher—I was afterwards shown two vases in the dining-room—they are crystal, sulphate of copper; it would dissolve more readily in hot water if broken up—I have dissolved some of the copper in beer, and it turns the beer green—Mrs. Browning afterwards gave me a dishcloth, and I found it was green; that also appeared to be from sulphate of copper—it is not decided what would be a fatal dose of this stuff if retained; taking a quantity of it in beer would endanger life—vomiting soon afterwards would bring it away—notwithstanding the vomit the pains continued on the Tuesday.
Cross-examined. I was not present at the analysis—the quantity necessary to destroy life depends entirely on the constitution of the subject to whom it is administered—death has very rarely occurred from sulphate of copper; it is a very rare poison; practically I have never heard of a case where a person has been killed by it.
Re-examined. I have not heard of any one taking it.
JOHN RITTMAN (Police Sergeant R 30). On 3rd September I had charge of Lewisham Police-station about half-past 1, and Mr. Browning and Mitchell came and handed me a bottle containing fluid, with the key of a beer tap—I handed them to Inspector Butcher in the same state—on the evening of the 8th the prisoner was brought to the station charged with administering sulphate of copper to Caroline Browning, with intent to
poison—I read the charge to her—she said "I did not put any poison into the beer."
THOMAS BUTCHER (Police Inspector P). On 30th September, about half-past 4, the last witness handed me a bottle of fluid—I got the beer-tap key and went to the house; the prisoner opened the door to me—I drew from the barrel some of the beer—I examined it; it was perfectly clear and bright—I corked it up and took possession of it; it was perfectly good beer—Mrs. Browning spoke to me—the prisoner was sent for, and Mrs. Browning made a statement to me in the prisoner's presence. (The statement was here read: "At half-past 10 last night I sent the prisoner to the cellar to get beer for supper; she brought it upstairs; I poured out a glass and drank about half of it. It felt very ill, and commenced to vomit.") I told the prisoner she would be charged with administering poison to Mrs. Browning—she replied "I did not put any poison in the beer"—on Thursday, 2nd October, I went to the house and took possession of some of the vomit in a bottle, and I took this bottle containing the beer and vomit and some of the beer to Dr. Dupre—I also took possession of a cloth, handkerchief, and newspaper, and piece of soap; they had all green marks on them.
DR. AUGUSTE DUPRE . I am a professor of chemistry at the Westminister Hospital, and one of the analysts to the Home Office—On 3rd October I received from Inspector Butcher two glass bottles, a jar, and a paper parcel—one bottle was labelled as drawn from the barrel of beer—I examined it; it was sound beer, nothing the matter with it—another bottle contained a greenish liquid—I weighed it; there was 5 1/2 ounces, about a tumblerful, in it—I found 39 1/2 grains of sulphate of copper; copper does not smell—I also examined the bottle containing some of the vomit; I found it contained very nearly 7 grains of sulphate of copper—sulphate of copper, if taken in a sufficient quantity, is a poison—it depends very much on the health whether it would kill—perhaps in a healthy person 39 1/2 grains, when in beer, might not, but in a person already ill it might be very serious—it produce pain and vomiting; it seriously endangers health.
Cross-examined. The 39 1/2 grains was in a tumblerful of liquid—the effect of sulphate of coper is at once to produce vomiting; as a rule, it does not stay upon the stomach any time, it is generally rejected at once—the 39 1/2 grains would represent a size as big as the topof the little finger—I think one of these pieces put into a tumbler of liquid might have done all the mischief—I don't think the use of a dirty cloth in wiping out the beer jug would account for his.
The prisoner received a good character.
GUILTY with intent to do grievous bodily harm.
Strongly recommended to mercy by the Jury on account of her youth and good character.— Fiften Months' Hard Labour
1056. ALEXANDER BULLOCK (54) PLEADED GUILTY to unlawfully obtaining by false pretences from Philip Froude 4l. 3s., and from James Moore 3l. 7s., with intent to defraud; also to a previous conviction of a like offence in May, 1878.— Five Years Penal Servitude
Before Mr. Common Serjeant.
1057. CHARLES GOOD (15), JAMES JOSEPH BLACKWELL (15), RICHARD GOODSON (14), and DAVID MARTIN (15), PLEADED GUILTY , Good to a burglary in the dwelling-house of Francis Shearman ; Good, Blackwell, and Goodson to a burglary in the dwelling-house of Thomas Casey ; and Goodson and Martin to a burglary in the dwelling-house of John Allen Steare, and stealing therein money, tobacco, and other articles. GOOD and BLACKWELL— Six Months' Hard Labour and 12 strokes each with the birch rod. MARTIN and GOOD— Judgment respited
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. PURCELL Defended.
NOT GUILTY .
MR. PELLEW Prosecuted; MR. HORACE AVORY. Defended.
The prosecutor, in giving evidence, made statements quite inconsistent with that given at the police-court, and the Court intimated that he must have committed perjury, and rulled in consequence that there was no case to go to the Jury.
NOT GUILTY .
1060. JAMES TAYLOR (42) , Burglariously breaking and entering the dwelling-house of Edward Harbord Lushington, and stealing therein a spirit case and labels, a seal, a locket, and other articles, his property Second Count, feloniously receiving the same.
GUY LUSHINGTON . I live at Brockenhurst, Cobham—my father, Edward Harbord Lushington, is the proprietor of the house, I was sleeping there on the night of 23rd September—when I went to bed the place was all safe, as far as I know—the plate-glass window in the dining-room was not broken at 9 o'clock—next morning I was called up; I found the plate-glass window in the dining-room had been broken and a number of things stolen—the police had been sent for before I actually came down—among other things there is a tortoiseshell locket miniature case with a portrait inside, a seal, a pencil-case, a silver caddy spoon, and these four separate labels (produced)—I identify them as my father's property; they were all taken from the house—I saw some things taken from the garden, but none of these—I found in the neighbouring park two large parcels, one containing some lace curtains, and the other a quantity of gentlemen's hosiery, just bought in London, and two tobacco-boxes; they were on the property of Mr. Leaf, and had been taken from our house.
PETER GREGORY . I am engine driver to Charles Smith, Esq., of Silver-mead—on the 23rd September I was returning home from work, about 5.30, between Hersham and Cobham, and noticed the prisoner sitting by the side of the road, about 600 yards from Mr. Lushington's house, he asked me for a lucifer, and I gave him one and left him—next morning I went by the same place, about 5.45, and passed the prisoner about 300 yards from Mr. Lushington's house—he said "Good morning," and I said
"Good morning"—he was coming in a direction from Mr. Lushington's house.
Cross-examined by the Prisoner. You are like the man that I saw sitting by the side of the road, and to whom I gave the lucifer.
By the COURT. I saw him at the police-court at Kingston, and that was the same man—I am a little short-sighted.
By the prisoner. I know you in particular by your features and your moustache—you were about 600 yards from the house when I saw you in the evening, and when I saw you in the morning you were on the high road, about 300 yards from the house—I am quite sure you are the man.
WILLIAM THOMAS SKINNER . I am a sergeant in the Surrey Constabulary—about 7.15 on 21st September I received information, in consequence of which I went to Mr. Lushington's house—I was about a quarter of a mile from his house at the time I received the information—when I got there I found the plate-glass window broken in the dining-room—I found in the grounds this liqueur case and four bottles and this tea-caddy full of tea, and other articles in the adjoining gardens.
JOHN DEACON . I am manager to a pawnbroker in Commercial Street East—on Tuesday, September 30th about 4 o'clock in the afternoon, the prisoner offered me two silver napkin rings in pledge, both of which had initials on them—I interrogated him about about them, and while I was conversing with him I sent for a policeman—just as the policeman arrived the prisoner made a rush for the door, and the policeman met him on the doorstep—I did not charge him with the unlawful possession of the napkin rings, but the policeman took him on that charge—one of the napkin rings is marked "C.J.C.," and the prisoner accounted for that as meaning Charles John Culver, and said that it belonged to himself—before the police came I instructed my assistant to write a ticket to lead the prisoner to believe that I should lend the money, and he gave the name of James Taylor.
THOMAS MARSHALL (Policeman K 205). On 20th September I was fetched to Mr. Deacon's shop, and as I arrived at the door I met the prisoner just coming out—I stopped him—Mr. Deacon was behind the counter—the prisoner was charged with the unlawful possession of two napkin rings, which were shown to me—before I took him I asked him if he would give any account of how he came by them—he said that he did not feel disposed to tell me, but they were his own property, and if I liked to go with him to 46, Gabel street, I could see his wife—I went towards 46, Gable Street, with him, and on the way he said that he did not like to go with me, it would be such a show up, and he would wait at the corner of the street for me if I would go—when we had got a few yards he ran away for half a dozen yards, but I caught him, and told him I should take him to the police-station and charge him with the unlawful possession of the two rings—I did so—the charge was read over at the station, and I searched him, and found on him five napkin rings, a caddy spoon, one cruet-stand, four spirit lables, one portrait case, a seal, and a pencil-case; the flat portion of the cruet-stand was under his Guernsey—these articles were identified by Mr. Lushington—I also found some pawntickets, two of which related to rings, and one for a coat—he was taken back and recharged with having all the other property upon him—the inspector read the charge to him, he made no reply.
Prisoner's Defence. I happened to be coming between Cobham and
Portsmouth; this house was broken into and the property was tied up in a handkerchief under some leaves near a hedge, and I brought it to London and tried to pawn it; but I know nothing about the burglary. The gentleman said himself that he found several of the articles under some leaves, and why should not I find some just the same? I was very tired, and laid down to sleep; I had walked all the way from Portsmouth. I was not on the property, I was on the high road. I was never seen nearer the place than some hundred yards. I tried to pawn the property, and that is where I have done wrong.
JULIAN STAFFORD CORBETT . I live at Imber Court, Thames Ditton, and am a member of the Bar—on the night of 24th September I left the dining-room about 11 o'clock—it was then quite safe—I am not quite sure that the window was fastened—there are shutters, but they were not closed because they had been recently painted—I was called down next morning between 7 and 8 o'clock, and found the window open, and some articles which had been on the sideboard were standing close to the window—there were no footmarks outside the window, but there was a footmark on the balustrade—I missed over 100l. worth of articles, some silver and some plated—I have seen some of them since—I identify these five napkin rings (produced), two of them are marked with initials—this one marked C. J. C. is my own, and another marked M. A. C.—I also identify two silver mugs and a cruet-stand, which is broken—all these things were taken from the dining-room.
JOHN HORTON . I live at 127, Newington Butts, and am a pawnbroker—I produce a silver mug attempted to be pledged with me on 29th September—I did not take it, and the prisoner is the person who offered it—I asked him who it belonged to—he said "It belongs to me"—I said "Where did you git it?"—he said "My sister gave it to me"—I said "Whose is this crest?"—he said "It is not a crest, it is only a mark"—he then ran away, and I gave information.
WILLIAM ROBERTSON . I am a pawnbroker, of 209, Blackfriars Road—one of these silver napkin rings was pledged with me on 20th September by the prisoner—I believe it was pledged in the name of John Taylor, 6, Robert Street, for 3s.—I asked him if it was his own, he said it was a present to his wife.
JOHN DEACON . I am assistant to a pawnbroker in Commercial Street East—on Tuesday, 30th September, about 4 p.m., the prisoner offered me two napkin rings marked C. J. C. and M. A. C.—I asked him how he became possessed of them—he said the one marked C. J. C. belonged to himself, and that his name was Charles James Culver; the other he said belonged to his sister—I instructed my assistant to make out a ticket while I sent for the police, and he was taken into custody as he was leaving the door.
the shop of the last witness—I asked him to give some account of the two napkin rings—he said that he did not feel disposed to tell me, and he suggested that I should go to his place in Gable Street, and leave him at the corner of the street—I took him to the station, and found all these articles on him—he said nothing.
Prisoner's Defence. The property was given to me to go and pawn. I know nothing of the burglary; it was given to me to either sell or pawn, and I tried to pawn it.
He then PLEADED GUILTY to a conviction of burglary at this court on May 1, 1882, in the name of William Taylor.
MR. AVORY suggested that as a large amount of Mr. Corbett's property had not been recovered, it was possible that it had been hidden; and if the prisoner's sentence was respited he might possibly give some information about it.
LANSDOWN Two Months' Hard Labour.
THOMAS— Six Months' Hard Labour.
There was another indictment against the prisoners. The officer in the case stated that Lansdown, who was a cripple, had been influenced by Thomas.
Before Mr. Justice Day.
MESSRS. POLAND and MONTAGU WILLIAMS Produced; MR. BROUN Defended.
GUILTY .— Fifteen Year's Penal Servitude.
MR. POLAND Prosecuted.
GUILTY . There were three other indictments against the prisoner for like offences on other children.— Penal Servitude for Life.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAM Defence.
MARY JANE WHITEHEAD . I am the prisoner's wife; he is a shoemaker—I live at 13, Little Cherry Garden Street, Tooley Street—we have been married five years—I left him on the same day I was married because I found he was a drunken man—about five weeks ago I saw him on Waterloo Bridge; I did not speak to him—on 14th September I was at home in the shop, the old woman who I live with keeps the shop, the door was open; the prisoner rushed in with a knife in his right hand, and stabbled me in the forehead—Mrs. Leary was there—he said "I have got you now and I will do for you"—after he had stabbed me in the forehead he stabbed me three times in the side of the head, once in the neck, and on my shoulder—it was a shoemaker's knife, with a
narrow blade—he had hold of me with one hand and stabbed me with the other—I got loose and ran to the police-station; a constable came back with me and I gave the prisoner into custody—he said "I am glad I have don it, but I am sorry I did not do what I intended, which was to finish you"—he was sober.
Cross-examined. We used to live at Holly Wood, near Manchester—we have lived in London about nine months—I lived with Mrs. Leary about three months—when the prisoner rushed into the room and stabbed me no one was there except Mrs. Leary—no man came in with a poker—I know a man named Mullins, he does not live at Mrs. Leary's—he does not come from Holly Wood, he is a Londoner—Mullins has not been with me in Manchester—I have seen him there—I have known him about nine years, he used to work along with my husband there—he left Manchester about nine months ago—I did not leave there about the same time as he—he kept me since I was stabbed—my husband did not ask me to come back to him—Mullins has paid my rent and kept me about three months—that was before I was stabbed on this occasion—he has not kept me longer than three months—my husband ran after me, when I went to the station I saw him outside—he did not over-take me.
Re-examined. I dare say it was about eighteen months since I saw my husband.
ELIZABETH LEARY . I keep a general shop at Cherry Garden Street, Bermondsey—on 14th September the prosecutrix was living with me—on that evening, about 10, I saw the prisoner come in—he rushed on to her—I saw the attitude of his hand go so (striking)—I shouted out "Murder" and "Help" and "Police" as hard as I could—I went into the street—when I came back he was in the same attitude—I was only a minute or two in the street—she rushed out afterwards; he rushed out into the street as well, and I rushed out after him—I said "In the name of God what have you done it for, is she any relation to you?"—he said "Yes, I am her husband?—I said "Well, I am done," because she came to me as a married woman in the name of Mrs. Mullins—he said he had come from Sheffield, he had travelled 200 miles, and he was five weeks on her track to find her; that was all he said—I did not lock the door, I put it to, and as I shove it it bolts—a constable came and asked me to open the door—he said "Open the door," and I did, and the constable took him in custody.
Cross-examined. When I asked him to come back he was in the street, and he turned back at once—I saw Mullins rush out into the street with a poker, that was after the prosecutrix was gone to the station—when I got the prisoner into my room and locked the door he was not violent—he asked me if there was anything broken, and if so he would pay for it.
Re-examined. Mullins was upstairs when the prisoner came in, in his own room.
By the COURT. When she took my room she said her name was Mullins—they both lived together.
GEORGE FOULGER (Policeman M 125). I was on duty at Rotherhithe Station on 14th September about half-past 10 at night—the prosecutrix came in bleeding from wounds on the head and neck; she came running up to the station—I took her inside to the Inspector—she made a complaint
that she had been stabbed—I then went with her to 13, Little Cherry Garden Street—I found the door locked and bolted—after knocking I was let in by Mrs. Leary—I found the prisoner there sitting on a chair—I said "You are charged with stabbing this woman," to which he made no reply—I asked him what he had done it with, the knife or instrument he had used—he made no reply—he was sober—I took him to the station—I found no knife.
Cross-examined. I had no difficult, he went quietly to the station—no knife was found by the side of him—I did not have occasion to shove the wife away.
Cross-examined. He was rather excited.
WILLIAM BEACH JOHNSTON . I am divisional Surgeon of Police—I was called to the station about half-past 10 on the night of 14th September—I there found the prosecutrix; she had an incised wound on the forehead down to the bone, two punctured wounds on the side of the head, one on left side of the neck, and a large wound on left side of the shoulder, and several slight wounds on the back of her left arm—in my opinion they were caused by a sharp-pointed instrument—the wound in the neck was dangerous.
Cross-examined. The other wounds were clean incised slight wounds.
The Prisoner's Statement before the Magistrate. "It was not with intent to murder at all."
GUILTY on Second Count. The prosecutrix stated that the prisoner had repeatedly stabbed her on previous occasions.— Seven Years' Penal Servitude.
WILLIAM PAGE . I am a carpenter, living at Chidding fold, Surrey—on 15th September, at 6.45 p.m., I was passing Haselbridge Hill, Chidding-fold, and saw the prisoner standing at the gate—I passed him, and when I had got about 10 yards, I think, I could not say the distance for certain, I looked round; the prisoner ran away—I went straight on about a quarter of a mile, and my attention was then called to a fire at my back, on the top of Hazelbridge Hill, where I had seen the prisoner standing—he was within 30 or 40 feet of the buildings—I went back and found a shed and fence on fire, and a stack of straw and pea haulm on fire—I saw it on fire about five minutes, I should think, after I saw the prisoner—I gave information to a constable.
By the COURT. I cannot say if there were any people lying in the building—I did not see anybody.
HARRY UPFOLD (Surrey Constabulary 21). On 16th September, at 8.45 p.m., I apprehended the prisoner at Chiddingfold—I said I should charge him with setting fire to a shed, a stack of pea haulm, and a stack of straw, the property of Mr. George Barnard—he said "No one saw me set it alight; I slept in a barn at Hazlemere lase night"—on the road to Guildford he said "It cannot be settled at Guildford; I would sooner lie for it"—I suppose he meant he would sooner lie in prison—he said he
would sooner have is trial afterwards—he said he might as well lie there as anywhere else, for he would only have to lie in the workhouse for the winter.
GEORGE BARNARD . I am a farmer at Chiddingfold—I occupy the premises where the fire took place—there were burnt a pea haulm stack and some straw and a shed—nobody else was in the shed that night that I know of; I did not go down there till after the fire—I do not know if anybody was sleeping there that night—damage was done to the value of about 16l.—the prisoner had worked for me and had been discharged on the Saturday night before—this was on Monday morning.
The prisoner's Defence. I am not guilty; there were some people in the building.
NOT GUILTY .
WILLIAM CHALMIS , colour-sergeant in the Scots Guards, proved that in April, 1884, the prisoner was convicted at Godstone of an aggravated indecent assault on a married woman; that his character was very bad, and that he had only been nine months in the service.
There was another indictment against the prisoner for stealing the prosecutrix's purse and money.
Fifteen Years' Penal Servitude.
MR. RAVEN Prosecuted; MR. PURCELL Defended.
HENRITTA GALE . I live at 29, Lancaster Street—on 22nd March I was married to the prisoner at St. James's Church, Bethnal Green—I had known him six years, he is a butcher—I am a widow, and lived with him for three and a half years before our marriage—he said that he was a widower and showed me this paper and said that it related to his wife, who was buried (An undertaker's bill for the funeral of Sarah Storey)—I said that it was wrong for us to live in adultery, and he said he would get the banns put up—we have quarrelled several times about it—I afterwards went and found his wife and was present at the police-court when he was charged with bigamy and took her with me.
Cross-examined. I was in Wandsworth gaol for a month for striking a woman who the prisoner was cohabring with—I may have told him before our marriage that I was in the family way, I do not recollect it—it is false that upon that he consented to go through, the ceremony of marriage with me; I had left him two or three months, and he followed me about and wanted me to come back, but I said that I would not live in adultery any longer—after that we were married.
MARY AMELIA OSBORNE . My husband is a bricklayer at 26, Lorrimore Street, Walworth—the prisoner is my brother—I was present at St. Peter's Walworth, at his marriage, to Emma Amelia Pecker on 25th December, 1857—she is here, and this is the certificate which she handed to the prosecutrix—she was living in Kingsland when he married the prosecutrix—I was at her house once, five or six years ago, when she lived in Wilson Street, Finsbury—I did not visit her in Hoxton—the last time I saw the prisoner and his wife together was 11 years ago.
NOT GUILTY .
1070. GEORGE SMITH (30) , Burglariously breaking and entering the dwelling-house of George Sheath at Cobham in Surrey, and stealing therein 10s. 6d., his money. Second Count, feloniously receiving the same.
GEORGE SHEATH . I keep the Running Mare at Cobham in Surrey—on Sunday, 31st August, I closed my house at 10 o'clock—I took all the money out of the drawer where it was kept, counted it and put back five sixpences and one shilling into the drawer—I also left the coppers, there were about 7s. worth—when I went to bed everything was safe—I came down next morning about 6 o'clock and found the door open and pane of glass taken out of it—that is an outer door, with a window in it—the glass had been cut out and laid down—when the pane of glass was cut out anybody could put their hand in and unlock it and get in that way—when I went into the room where the drawer is I found the drawer open, and all the money which I had left in it the night before was gone—I had noticed when I put the money into the drawer the night before that one of the sixpences had a hole in it, and among the coppers I noticed a bent farthing—I should know them both again—these two coins (produced) are exactly like what I had—I know the prisoner as a customer, he has been in my house to my knowledge.
Cross-examined by the Prisoner. I can swear to the sixpence by the hole in it—you have bread from my house, but you had not had any for a fortnight—you had not had some that week.
The Prisoner. That farthing is what you gave me in change, and there are plenty of sixpences with holes in them.
Re-examined. I had never seen that farthing there before—this is not a new sixpence, it is a very old one—my daughter took it on the Saturday morning—the one I lost was an old one and not of the present reign.
(The sixpence produced with the hole in it was of the reign of George III.
HELEN JOHNSON . I live at Cobham Tilt—on Saturday, August 31st I went to the Running Mare to buy something and paid a sixpence to Annie Sheath, the prosecutor's eldest daughter—it was an old sixpence and it had a hold in it, I did not notice whether it was a George or a William—the coin produced is the one, I swear to it.
Cross-examined. I swear to it because it is not of the reign of Queen Victoria—its general appearance and the hole are like it—I have had a sixpence before with a hole in it, but not like this—I have seen them with a hole at the bottom instead of the head—this hole is at the top.
serving Helen Johnson on 31st August—I received a peculiar sixpence, it was not of Queen Victoria's reign, and it had a hole in it—this (produced) is the same—I had it in my hand several times that day, and I said to my father "This is a peculiar sixpence I took from Miss Johnson, and I will return it to her"—this bent farthing (produced) was in our till, I saw it there on Friday, the 29th of August, the day before; and it was a little mildewed, which has gone off now—that is the only time I remember seeing it.
Cross-examined. I have not seen you there for a long time—I did not get the farthing from you.
Re-examined. I am quite sure I had not served the prisoner that week—I had not served him after the Friday, I had not seen him.
WILLIAM THOMAS SKINNER . I am a sergeant of the Surrey Constabulary—on September 1, in consequence of information, I went to the Cricketer beer-house at Cobham—that was on the Monday afternoon, about 2 o'clock—I found the prisoner there, already detained by another constable—I searched him, and found on him a half-crown, four shillings, and six sixpences in his trowsers pocket on the right-hand side, and in his left-hand trowsers pocket 5s. 11 3/4 d. in bronze, among which was this small crooked farthing—it is bent—I told him I should charge him with burglary, being concerned in breaking into the Running Mare public-house—I also found a knife and a bag on him, but I believe they have nothing to do with this charge—he said that he had not committed any burglary—I took him back to Mr. Sheath's with the assistance of Police-constable Hewett.
Cross-examined. I took from you 4s. 11 3/4 d. in coppers; if I said 5s. 11 3/4 d. that was a mistake.
The Prisoner. You have sworn a falsehood; it is a made up job between you.
The Prisoner's Statement before the Magistrate. "On Monday last I went to the place and called for a pint of beer. I gave the landlord a shilling, he gave me back a sixpence which had a hole in it, and four penny pieces. I have been accustomed to have my bread at the public-house, and the price was lowered, and the farthing produced is the one I received in change."
Prisoner's Defence. There are plenty of sixpences with holes in them, many hundreds.
GUILTY . There was another indictment against the prisoner for stealing a live ferret, which was not proceeded with.— Six Months' Hard Labour.
ALFRED LEACH (Police Sergeant V). On 17th September I went to 19, Ipper Richmond Road, Putney, with Mr. Farman, who showed the prisoner two certificates, and read them to him—he said "I expected this, I have an answer to the charge; she never was my wife, she had a husband living at the time I married her"—I took him to the station—I saw a woman at the police-court who I understood was his wife.
Church, South Kensington, on 8th July, 1877—I saw her outside the police-court on the day the prisoner was committed.
Cross-examined. The wife cried after we came out of the church, and made a statement to me, and she said to her husband "Oh God, I have done very wrong; I am very sorry for it"—I do not know what she alluded to.
Cross-examined. He told me he had been through the from of marriage with Mrs. Clough, and her husband was living, and it was illegal—I knew it from the first—he has always treated me well. (The marriage certificates were here put in.)
Witness for the Defence.
JAMES MARSHALL . I am the prisoner's brother, and am a boot merchant, of 19, Convent Gardens, Notting Hill—three or four years ago, or it may be seven or eight years, a bastardy summons, made out to my brother, was served on me by mistake—it was from Hammersmith Police-court, in the name of Jane Ann Clough—I was not present during the married life of my brother and his wife.
Cross-examined. I do not know when my brother was married—this was not a month before he was married—he had gone through the ceremony then with Mrs. Clough.
ALFRED TERRY . I am messenger at Hammersmith and Wandsworth Police-courts—I produce and information laid by Jane Clough on 24th May, 1879, against David Marshall at Mr. J. Marshall's, 20, Convent Gardens, Notting Hill—it was a bastardy summons, and was to be served at that address—I know nothing more of it.
JANE MARSHALL (Examined by the COURT). I am the prisoner's wife—we were married at Wandsworth seven years ago on 8th July last—I was then a widow as far as I knew—my former husband was Richard Clough—I had no proof he was living—the prisoner put the banns up, and what he put me down as I don't know—it is true I cried when I left the church, but I don't believe I said that I had done wrong and hoped God would forgive me—I cried because I was with child by my present husband, that was the only thing that troubled me; I did not think about my former husband at that time.
JOHN TRIPP PLEADED GUILTY .— Twice Months' Hard Labour.
MR. POLAND, for the Prosecution, offered no evidence against JANE TRIPP., she being the male prisoner's wife.
NOT GUILTY .
Before Mr. Common Serjeant.
DOMENICO SCAIA I assist James Monico, who keeps a fish shop at 61, Lower Marsh, Lambeth—on 3rd October, about a quarter past 12 at night, Fleming came in with Smith, and Thompson stood at the door—Fleming asked for threepenny worth of potatoes, and gave me a bad Shilling in payment—I broke it in two pieces and asked where he had got it—he said, "Somebody gave it to me," and then all three prisoners left the shop together—I sent for a constable and gave him some information, and about half and hour after was sent for to the police-station, where I saw the three prisoners—I then gave the shilling Fleming had given me to Constable Yeomans—about three weeks before Fleming had come into my shop—I served him with twopennyworth of fish and potatoes, and he gave me a bad shilling, which I broke and returned in pieces to him, and he took them away after paying me with twopence for the things.
Cross-examined by Fleming. I did not tell the Magistrate I had never seen you before—I recognised you by your face.
JOHN YEOMANS (Policeman L 42). About 20 minutes past 12 on the morning of 3rd October I was called to the stop of the last witness, who told me in Fleming's presence that he had tendered a counterfeit shilling in payment for some fish—I said to Fleming, "Have you got any more about you?—he said, "You can search me"—I did so in the shop, and found two sixpences, and 3d., and 1s. in bronze—the last witness declined to charge him—I afterwards met Leat, 69 L. and spike to him—I saw the three prisoners leave the last witness's shop together immediately—they went along Lower Marsh together—I followed them, and in consequence of what I saw I laid hold of Thompson—I was in uniform—I said, "I intend to search you to see what you have about you"—he resisted and said, "I have nothing"—I put my hand in his right trousers pocket, and amongst other money found sixpence in silver and 1s. 2d. bronze, and two counterfeit shillings and this broken one—he said nothing—I told him I should take him to the station—on the way he said, "You have got me fair set," and immediately ducked and tried to slip out of his coat, but I was too quick, and took him safely to the station—in the meantime Leat and another constable had taken the other two men there—I went back to the prosecutor's shop, and he came to the station and charged them and gave me one piece of the broken coin, the other piece he had lost—at the station when the prisoners were charged the prosecutor took one of the bad shillings found on Thompson and broke it.
By the COURT. I did not notice Thompson and Smith when I went into the shop.
Cross-examined by Fleming. You did not have time to get away while I went for the other constable—that was about 15 yards from where he was on a fixed point.
Re-examined. I left the good money on Fleming which I found on him in the shop because he was not charged.
CORNELIUS SEXTON . From what Yeoman said on the morning of the 3rd inst. I took Fleming into custody—on the way to the station he became very abusive, made use of very threatening language, and tried to trip me twice—I had to use violence to take him to the station—I told him he would be charged with being concerned with the other
prisoners—at that time Yeoman had got Thompson and Leat Smith—I searched Fleming at the station and on him found 2s. 6d., a three-penny piece, and 1s. in bronze.
JOHN LEAT (Policeman L 69). Yeoman called my attention to the three prisoners walked down along Lower Marsh together toward Westminster Bridge Road—we followed them and then met Constable Sexton and we three stopped the three prisoners—Yeoman took Thompson Sexton Fleming, and I Smith—I told him I should search him—he made no reply—I found on him seven sixpences good money, and 11 1/2 d. in bronze.
Thompson received a good character.
Thompson in his defence said that on this evening he met Fleming and Smith and drank with them, and that passing the fish shop Fleming said he was going to buy some fish; he denied all knowledge of how the bad coins came to be upon him, and asserted that he had plenty of good money, as on the Thursday previous he had adked his mother to pledge his watch.
Smith stated that Fleming asked him to have some fish, and he did not know what coin was tendered.
MRS. THOMSON (by the Jury). I am Thompson's mother—I live at 12, Warren Street, Tottenham Court Road—my husband is alive—I produce the pawn ticket of a watch.
Cross-examined by MR. POLAND. The date is 2nd October, 1884, pawned with Mr. Edward Gill, 16, Hampstead Road, by Jane Thompson, 12, Warren Street, a watch, 9s.—Thompson was living with me this week he was out of work, as he had been ill at the beginning of the week—I gave him 8s.—I had no reason to doubt it was good money, and gave him what I received—he was short of money and asked me to pledge his watch for him—that was 12 o'clock, and he went out with the money in his pocket, and I next heard of him being in custody—I do not know what he was doing at midnight in the Lower Marsh—I know nothing of the other prisoners.
THOMPSON and SMITH— NOT GUILTY .
FLEMING— GUILTY .**— Eighteen Months' Hard Labour.
There was another indictment against Thompson and Smith for having these same counterfeit coins in their possession. MR. POLAND, on behalf of the Prosecution, offered no evidence.
— NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MR. BROUN Defended.
WILLIAM FREDERICK BUCKLE . I am a cabdriver of 188, Borough Road, Southwark—on 22nd July, at 1 a.m., I was on the rank in the Borough Road—I got off my cab and stood by the side to count my money; I had 16s.—I put it in my left hand trousers pocket, got up on my cab to see if anything was left from a fare I had just discharged—mine was the only cab on the rank—while inside two men got on the footboard, on seized me by the throat, and one, I could not tell which, put his hand into my pocket and took out the 16s.—there were four florins, six shillings, and four sixpences—I was half insensible then because of the pressure on
my throat—I saw them get off the footboard, and I recovered myself very soon afterwards, and watched them go by on the off side of the cab as far as I could through the window—I then got out to find a constable—I next saw the two men under a tree in the Borough Road counting the money; I heard it jingling—I was then about double the length of this Court from them—I went to the Circus still looking for a constable—I saw Wood at the corner of Mansfield Street, and pointed out to him the prisoner and the other man, whom I had not lost sight of—as we walked towards them they walked to the corner of the Circus and then began to run; they separated, one going towards the theatre and the other to the Blackfriars Road—Wood went after one and Murrell after the other, Lee, and he struggled on the ground with Lee, who was convicted here last Session—I went back to my cab after that—I identify the prisoner—mine is a Hansom cab.
Cross-examined. The whole thing occurred very rapidly—I was taken so suddenly it almost took my senses away—I dare say it was five minutes afterwards I saw the men counting the money.
HENRY ALFRED WOOD (Policeman M 171). About 1.20 on the morning of 22nd July Buckle came to me and pointed out two men—I crossed the road towards them—they walked up the Blackfriars Road—I followed—at the corner they parted, and commenced to run—the prisoner ran up the Blackfriars Road—I chased him—he got away—I saw his face—I went back to Murrell and assisted him to arrest Lee—Lee was tried here last session for this robbery, and convicted—while struggling with Lee the prisoner came back—Lee looked up, and said "Harry, let it go"—the prisoner caught Murrell by the back of his tunic, pulled him off Lee, and said "Let him get up"—the prisoner then kicked Murrell in the back, Lee caught hold him by the privates, and then the prisoner got away—I am quite sure he was the man—I saw him for the 20 minutes when he was trying to rescue Lee.
Cross-examined. I ran after the man for two or three minutes, he had not got his back to me all that time.
Re-examined. I saw his face at times, he turned and looked round—I will swear the prisoner is the man.
GEORGE MURRELL (Policeman M 394). I wan on duty in the Borough Road about 1.15 on the 22nd July, when Wood called my attention to two men, and I turned round and saw them running—I ran after Lee, and caught him—Wood came to my assistance—then several persons, of whom the prisoner was one, came up to rescue him—the prisoner took me by the collar, and said he would assist me if I would allow the other man to get up—Lee said "Let it go, Harry"—the prisoner kicked me in the hip, and the other man had got me by the privates—when the prisoner said he would assist I looked round and said "I should know you if it was twelve months to come"—he got away, and was afterwards taken on this charge and placed among others at the police-station, and I picked him out—I am positive he is the man.
Cross-examined. I picked him out at once when I looked down the row—as soon as I saw him I knew he was the man—I did not pick any one else out first—14 or 20 persons collected when I was struggling with Lee—I was not frightened of them.
crowd—I went up and saw the two constables struggling with a man—the prisoner came up afterwards and said "Let him get up, I will assist you"—I have seen the prisoner before—I have no doubt that he is the man.
Cross-examined. I did not pick him out at the station—I first saw him there in the dock—I knew him before.
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MR. BROUN Defended.
WILLIAM WOODS . I am a coach painter—on 30th August I arrived at Waterloo Station about 10 o'clock in company with a Mr. Johnson—we went into a public-house opposite; he then left me, and I went into the Waterloo Road, carrying my carpet-bag—I met a man, and made a communication to him, and I walked in his company along the Waterloo Road into the Cut, and on through some streets—at the corner of a narrow street we passed four men under a lamp-post; the man carrying my carpet-bag was before me, and was in the alley when I came to the lamp-post—the prisoner took me by the left arm and pinned me, and when he could not hold my arm well he told the other man to pinch me below, and put his knee on one of my testicles—they took my purse with 16s. in it, and my tobacco from me—I picked out the prisoner at the police-station—he said "How came you to pick me out among these men when on the night of your robbery I wore a scarf?"—I told him it was his features; that I saw him at night in my sleep—I have not the least doubt that he is the man.
Cross-examined. I came up from the country—I might have been in the public-house a couple of hours.
Re-examined. I tried to drink a glass of stout and mild, but it came away from me, I could not touch it—that was all I had to drink.
By the COURT. The rest of the two hours I was sitting with my friend in the public-house talking to him—I had not been drinking previously to this—I was hurt in my throat and privates; I was spitting blood and could not swallow—I was discharged from St. George's Hospital a week or so back.
ALFRED WARD (Police Sergeant S) On 30th September at 11.30 I was in the Blackfriars Road with Gray and saw the prisoner in the company of another man—when he saw me he looked on one side away from me and pulled his hat over his eyes—his friend bolted—I caught hold of him by the left arm and said, "Halloa, Harry, I have been looking for you for the last three weeks, I want you for being connected with Mead for a highway robbery in the Cut on 30th August"—I had been looking for him in connection with this robbery, and going to the different places I knew he frequented, but this was this first time I had seen him—when I had told him that he said, "What time was it?"—I told him half-past 12 as near as possible—he said, "I was on the other side of the water at that time, I did not come over till about 1 o'clock"—I said,
"You remember seeing me?"—he said, "I remember seeing you, I was with Mead at a coffee-stall"—I told him I saw him with Mead and two others at a coffee-stall at the corner of Stamford Street—that was within five minutes' walk of the scene of the robbery at half-past 2 on the night it took place—he said, "Yes, quite right, I was with Mead, but I had nothing to do with the robbery"—I took him to the station—about half-past 3 on the morning of 1st October he was placed with five others, and the prosecutor at once picked him out—the prisoner said, "How can you pick me out when I had a scarf on on the night of the robber?"—the prosecutor said, "I did not come to identify your scarf, I came to identify you; I know you by your features and general appearance"—before I placed him with the others he had a scarf on, and he took it off and refused to wear it—I took him out of the cells myself.
Cross-examined. Only five men were placed with him—we have as many as we can get—five is not an unusual number.
FREDERICK GRAY . I was at the corner of the New Cut on Sunday, 31st, at five minutes past 12 o'clock—I have known the prisoner for two years—I saw him coming from Waterloo Bridge with Arthur Wood and a man I know as Happy; they turned in the direction of the New Cut—on the Monday following I heard of this robbery.
GUILTY .*†. There was another indictment against the prisoner for a similar offence upon another person.— Five Years' Penal Servitude and 20 Strokes with the Cat.
ADJOURNED TO MONDAY, NOVEMBER 17TH, 1884.