CENTRAL CRIMINAL COURT.
NOTTAGE, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than ones in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 2nd, 1885.
Before Mr. Recorder.
296. JOHN HARRISON PEEL and SAMUEL ALLEN LETTS were indicted for unlawfully obtaining by false pretences from Henry Dinn an order for the payment of 169l. 17s., with intent to defraud. Other Counts for conspiracy and for making a false declaration.
MR. BUCK Prosecuted; MR. BESLEY defended Letts and MR. F. FULTON
HENRY DINN . I am a solicitor, of 28, Great Knightrider Street—I have no partner—early in August last Letts called at my office with this bill of sale of the ship Ætna, and said "Me and my partner want to borrow about 200l. to defray certain expenses on the ship; I will leave the bill of sale with you, and call in a day or two to see whether you Will lend me the money." (The bill of sale stated that the Ætna was a steamer built at Sunderland in 1863, registered at Liverpool No. 47,460, tonnage 866, and concluded with the words I, Charles Henry Pile, of Great St. Helens, London, in consideration of 10,000l. paid to me by Peel and Letts, transfer 64 shares in the ship to Peel and Letts, to have power of transfer.) That had been executed by Pile and was left with me—when this was said to me Letts said "You will see we have paid 10,000l. for the ship, and bought her subject to a mortgage of 3,000l. "—I said I should want a mortgage on the ship, and he then said "To give a mortgage for such a small sum as 200l. would damage our credit in Liverpool"—I asked whether he and his partner would be prepared to make a statutory declaration that the ship belonged to them, and to give me a letter that they would execute a mortgage if called upon—Letts then went away, and shortly afterwards returned with his partner Peel—I repeated the question, and one of them, I think Letts, said "Yes, we are prepared to do what you ask"—I then drafted out this statutory declaration and gave it to Letts, and told them they could go into another room and make a copy of it; they took it with them to another room and copied it, and brought it back to me—I
read it over to them, and asked them whether it was correct, and told them they could find a commissioner somewhere in the neighbourhood to make it before—they left my office with it, leaving the draft with me—they afterwards returned bringing the declaration. (In this declaration Peel and Letts declared that they were the owners of the Ætna, trading between England and the Mediterranean, and mortgaged to Messrs. Forward Brothers, of Liverpool, for 3,000l., the interest on which was paid up to March last; that there were no other charges or incumbrances on the ship whatever; that when it arrived in London about October there would be due to them for freight and otherwise 1,000l.; that thy were solvent, and worth about 3,000l. after the payment of all claims against them; that the Ætna was insured at Lloyd's and North Country Clubs for 11.000l., and this declaration was signed "Peel and Letts, 25th August, 1884, before Edgar F. Jenkins.") After that had been handed to me they also gave me this document, a kind of equitable mortgage. (This stated that in consideration of Mr. Dinn discounting their bill of 25th August, 1884, for 200l., Messrs. Peel and Letts deposited the bill of sale.) They also gave me a bill of exchange for 200l. drawn on 25th August, payable two months after date, accepted payable to Messrs. Smith, Payne, and Co., and signed "Peel and Co." by Letts, I think, in Peel's presence—they were both together while this took place—on the receipt of those documents I gave them a cheque for 200l., payable to order; it is endorsed on the back "Peel and Co."—I have been debited with that amount at my bankers—when I parted with it I believed that the mortgage they had told me of by Forward, of Liverpool, was the only encumbrance on the ship, and I parted with my cheque on the faith of those statements—I made no search at the Customs House to see if there was any encumbrance—I took their word for that, holding their bill of sale as sufficient evidence that it was not mortgaged.
Cross-examined by MR. BUCK. This is not the first time I have lent money with good security, but the first time I have lent money on a ship—I knew nothing about the law of ships, or that I night have seen the entire register of British ships at the Customs House—Letts left the bill of sale with me for some days, and I knew where his address was—I understood that he had paid 10,000l., but I did not know that he had paid 1,000l. to Mr. Pile—he did not tell me how the 10,000l. was made up—if the 1,000l. had been paid in coin, and the other 9,000l. in bills which had been met, then this mortgage would have been the only encumbrance—this matter was sent for trial—I have not taken a bill of exchange for 3,000l. drawn by them and accepted by another person; they left such a bill with me for me to make inquiries—it is not endorsed to me—I have got that bill—Letts left with me 23 shares in the Pacific (they are not worth the paper they are written on I am told), and promised to call the next day, but he has not been, and they remain in my custody—that was before the committal—I have had no agreement by which Letts undertook to mortgage an annuity from the General Post-office—I have at no time had any wish to prosecute—I wished to get my money back—I do not know that this ship was locked up in Marseilles during the cholera for 10 weeks.
Cross-examined by MR. FULTON. I believe the vendor of this ship was Mr. Pile, whose cross-examination at the Mansion House I heard—I thought he had the ship and that the 169l. was spent on the ship—I do not know that I said ho ought to find the money to meet the advance
made by me—he applied to me that he had taken possession of the ship—the ship was of more value than the amount due to him, and therefore I thought he would have to account to them—I thought some 5,000l. or 6,000l. was due to him, and that he would have to hand over the balance between that and 10,000l.—Letts told me the 160l. he got from me was required to defray the expenses of the ship—the words in the rough draft, "No other mortgage, charge, or encumbrance thereon," are an interlineation, and when they were added I don't know—they are in my handwriting—my impression is that the document was drawn up before the prisoners came, and that in their presence I inserted the words—they left the bill of sale with me—they did not request me to make no inquiries about it—they always admitted the mortgage to Messrs. Forward of 3,000l.
Re-examined. Those words are in the declaration that was sworn to.
CHARLES HENRY PILE . I am a shipbroker and shipowner, of 34, Great St. Helens, where I have carried on business from about 1866—this is my signature to the bill of sale—I saw the prisoners sign this mortgage of 5th May, 1884, for 10,000l.—1,000l. was paid in cash, and 9,000l. secured by bills of exchange which were dishonoured; they are not all due yet—since then the defendants have become further indebted to me beyond the 9,000l.—these acceptances of the prisoners, one for 301l. 15s., due on 6th July, 1884, one for 303l. 10s., due on 6th August, 1884, and one for 559l. 12s. 6d., due on 6th September, 1884, have been dishonoured.
Cross-examined by MR. FULTON. I did not understand the agreement between us that they should have 14 days' notice of any proceedings to be taken by me as referring to the bills—the first bill became due on 6th July—I gave them no notice at that time, verbal notice—I did not give them notice that I was going to telegraph out to where the ship was to seize it—I telegraphed out to the captain to seize the ship—I have not since realised upon the freight the whole amount of the bill—I have received on the freight about 1,079l. in actual figures, but there were certain expenses I had to debit to them; I have received about 900l.—in the agreement I had undertaken to pay off the original mortgage of 3,000l. to Messrs. Forward—in the mortgage as drawn they were not still liable to the Forwards' mortgage, but the ship was, so that the ship was liable for the 3,000l., and then for 9,000l., although I had agreed to pay the 3,000l., and in addition to that I had 1,000l. in hard cash—I do not know that the whole of the 169l. obtained from Mr. Dinn was used for paying the wages of the crew and the advance notes—I do not know who paid the crew's wages, I have not, I presume somebody has—the ship ailed somewhere in May, there was some delay—I had received a portion of the 1,000l. when that delay took place—the dates of the biils were not altered on account of the delay—all the documents were executed on 5th May—the bills were payable at an interest of 7 percent.—the mortgage they executed on 5th May was for the full sum of 9,000l., and that iucluded 542l., the interest at 7 percent. on the biils as well from the date of the mortgage—9,000l., on which the mortgage was given, included all the bills added together and the interest, and the mortgage covered 7 percent.—they did not make me a present of 542l. by executing the mortgage—the mortgage does cover Forward's—I agreed with them I would pay off Forward's at stated
intervals—the mortgage is subject to Forward's, so that the ship is liable to Forward's mortgage and my 9,000l. as well—it was understood between us—they never thought it was only Forward's mortgage they were executing for the 3,000l. odd.
Cross-examined by MR. BESLEY. I have still got the ship; I am trying to sell her; I have paid Forward off—I would take 10,000l. for it now—I have not made out an account of how much I am out of pocket—I swear I never said I would renew the bills of exchange—something was said about renewals.
Re-examined. I think I telegraphed out to the ship the day after the bill was due—the defendants had notice of it; I saw and wrote to them the day after I sent the telegram.
NOT GUILTY .
MR. CARTER Prosecuted.
CHARLES BADCOCK . I live at 98, Alderney Street, Pimlico, and am in the employ of Sims, Martin, and Co.—on Tuesday night, 27th January, I came in about 8—I then had an alarm clock, value 7s. 6d., on my parlour mantelshelf—I went downstairs and had my supper—at 10 minutes to 10 my wife went upstairs and I heard her say "What right have you in my room?"—I saw the prisoner running out of the front door—I pursued him, crying "Stop thief"—a gentleman stopped him and detained him while I fetched a constable—I afterwards saw the clock in the constable's hands—I saw nothing of any other man—the prisoner smelt strongly of drink but knew what he was about—a little before 10, when I went up, I had seen that the front door and the parlour door were shut.
Cross-examined by the Prisoner. I saw your back going to the front door, I did not see your face in my house.
ELIZABETH BADCOCK . I am the last witness's wife, and live with him in Alderney Street—Mr. and Mrs. Page, a mother and son, also live in our house; he has a latch-key, and came in about 12 on this night, after this happened—my father came in about 9; he stays in the house and has a latch-key—I heard the door shut again after he came in; it has a spring lock or latch—there is only one street door—the windows were all closed and fastened before 10 o'clock—I was in the ante-room about 10 and heard footsteps in the parlour apparently—I went up into the front parlour—there are folding-doors between that room and the room behind, and those doors had been properly closed about five minutes before—one of them was wide open—I saw in the back parlour a man, not the prisoner, taking things down from pegs on the door—while I was speaking to the other man the prisoner came up from the other side of the room and I asked him what he wanted, what he was doing—I touched him; he merely said he had come to see Mrs. Jones, and then he and the other man went past me out at the door—my husband came up the stairs and ran along the hall after him—I called out "Stop thief"—he was caught and detained—I went to the station and saw the prisoner there; he is one of the two men that went out of my house—I saw at the station the clock that had been removed from our mantelshelf—there has never been any one of the name of Mrs. Jones in our house.
Cross-examined by the Prisoner. There was a light in the front room,
not in the back—I could not mistake you—I did not state about Mrs. Jones before, because I was not asked.
WILLIAM BOWRICK . I live at 10, Claverton Street, Pimlico, and am a joiner—on 27th January I was in Alderney Street about 10, on the opposite of the road to No. 98—I heard the door of that house thrown violently open, and three men proceeded from the house, and two ran the way I was going, and one the other way—the prisoner was one of the two, and the other was Mr. Badcock pursuing him—I caught the prisoner; we fell down together, but I held him till the police came up—I heard something fall on the ground from the prisoner's left side—I was holding him by the right arm and collar of his coat—the clock was picked up from the ground.
Cross-examined. There was no one in front of you when you were running—I heard the clock fall from your left side.
WILLIAM COXALL (Policeman B 206). On the evening of 27th January I was on duty in St. George's Road, and was called to take the prisoner into custody—I went into Alderney Street, where the last witness was detaining him, with 12 or 14 people standing round—this clock was handed to me by a man that stood by—when I took him the prisoner said they were false swearing to him, and it wasn't true; he had not taken the clock—the prisoner appeared as if he had been drinking; I don't think he knew perfectly what he was about—at the station I found on him a pipe, knife, and handkerchief.
The prisoner in his defence asserted his innocence. He stated two men in front of him had begun to run, and he ran as well, and that he had never seen the clock before it was brought to the police-station.
GUILTY .— Four Month's Hard Labour.
MR. PELLEW Prosecuted.
JUDAH ISAACS . I am a tailor, of 11, Roper's Buildings, Houndsditch, which house belongs to my father—at 7.30 a.m. on 2nd February I was going to my work—in the passage there were two coats belonging to my father's hands, a towel, and two handkerchiefs in the pockets of one of the coats—when I went out I locked the door and put the key through the open window on to the table—when I got down the court I saw the prisoner making his way towards the court which I was coming down—seeing me he turned away and went the other way—I went up Arrow Alley and got between some workmen to see where he was going to—I saw him go towards Gravel Lane, then turn round sharp—I went after him and met him coming through our door; he threw something down when he saw me—he ran down the court in White Street—I hit him with my umbrella and caught him—we both fell down; he got up and ran away; I followed and caught him again—he said "I have done nothing; I will give you half a crown for all the damage I have done"—I said "You will have to wait till the constable comes, and then you can give him the half-crown"—we again struggled and fell to the ground, and I went into Bishopsgate Street and gave him to a constable—I went back to my house and found the two coats on the table, which was just by the door—they had been hanging up.
Cross-examined by the Prisoner. I stopped at the top of Arrow Alley till I saw you go up the court, and then I ran down—there is only one entrance to the court—when I saw you coming out of the house I struck you with my umbrella—the court is three yards wide.
By the COURT. When I got back the key was not in the place where I left it, but in the door; some one must have been and taken the key away.
ABRAHAM ISAACS . I live at 11, Roper's Buildings—the house belongs to me, and the last witness lives with me—there were two coats and a handkerchief of mine hanging up in the passage on the middle door—I had seen them safe there on the evening—on the morning of 2nd Feb., about a quarter to 8, when I came out from the back room I saw some one open the door and throw the coats right by the door, and I saw some one running away—I was undressed and could not run after them—I lifted up the coats and put them on the table—I did not see who it was.
Cross-examined by the Prisoner. I saw some one open the door and throw the coats in the room; I did not see him come into the room.
Re-examined. The window was then shut—I did not lock the door—I did not know then where the key was, and I was not quite dressed—I afterwards found the key was outside.
CHARLES EVANS (City Policeman 923). On the morning of 2nd Feb. I was on duty in Bishopsgate Street a few minutes before 8 o'clock, and the prisoner was given into custody by Judah Isaacs—I took him to the station and charged him; he made no reply.
JUDAH ISAACS (Re-examined by the Prisoner). I said at the station I did not know what was lost, and sent to see—I said at the station there were marks on the window and that you might have got in that way, I did not say the window was open—I said I saw footmarks on the window-ledge.
The Prisoner's Defence. I am innocent, that is all I know.
GUILTY . He then PLEADED GUILTY ** to a previous conviction of felony in July, 1882, in the name of James Slay.— Five Years' Penal Servitude.
299. FREDERICK THOMAS PRESS (47) PLEADED GUILTY to obtaining by false pretences from Katharine Hayward 3l. 8s. 9d., with intent to defraud; and to wilfully and with intent to defraud falsifying certain papers of Her Majesty the Queen, his mistress, he being employed in the public service. The prisoner received a good character.—Twelve Months' Hard Labour.
300. CHARLES GEORGE HOLLAND (16) to stealing two post letters containing valuable articles, the property of Her Majesty's Postmaster-General, he being employed in the Post-office.— Twelve Months' Hard Labour. [Pleaded guilty: see original trial image.]
301. WILLIAM SHERRAL (38) to stealing a post letter, pawn-ticket, and 102 penny stamps, the goods of Her Majesty's Postmaster-General, he being employed in the Post-office.— Eighteen Months' Hard Labour. [Pleaded guilty: see original trial image.]
302. BENJAMIN HENRY SWORD (16) to forging and uttering receipts for the payment of 10s. and 20s., and to stealing three securities out of a post letter, the property of Her Majesty's Postmaster-General, he being employed under the Post-office.— Eighteen Months' Hard Labour. [Pleaded guilty: see original trial image.]
303. CHARLES GEORGE ROSE (21) to stealing a post letter containing 2l. 10s. and 61 penny postage-stamps, he being employed under the post-office.— Eighteen Months' Hard Labour. [Pleaded guilty: see original trial image.]
304. FREDERICK JOHN COTMAN (19) to obliterating the crowing on a cheque for 28l. 10s. and uttering it; to forging an endorsement on an order for the payment of 28l. 10s. and uttering it; to stealing from a post-office letter-box a post letter and stealing out of it a cheque for 28l. 10s.; also to stealing from a post-office receiving-house 25 post letters, the property of Her Majesty's Postmaster-General; and to stealing out of a post letter a 5l. Bank of England note and one half-sovereign. The prisoner had formerly been in the service of the Post-office, and used his knowledge to commit these offences.— Five Years' Penal Servitude. [Pleaded guilty: see original trial image.]
305. ALBERT CHARLES BEALE (17) to stealing five post letters and a silk handkerchief, a chain, and other articles, from post letters, the property of Her Majesty's Postmaster-General, he being employed in the Post-office.— Twelve Months' Hard Labour. [Pleaded guilty: see original trial image.]
307. JAMES CROMARTIE (54) to forging and uttering four banker's cheques for the payment of 50l. each respectively, with intent to defraud.— Twelve Months' Hard Labour. [Pleaded guilty: see original trial image.] And
308. WILLIAM SMITH (21) and ROBERT GOLDSMITH (24) to forging and uttering banker's cheques for the payment of 12l. 12s. and 10l. 10s., with intent to defraud.— Eighteen Months' Hard Labour each. [Pleaded guilty: see original trial image.]
NEW COURT.—Monday, March 2nd, 1885.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
FRANK BRIERS (Police Sergeant G). On 12th February, about 7.30 p.m., I was with Simpkin in Old Street, St. Luke's, in plain clothes—we followed the prisoner and stopped him in Goswell Road—I said, "I am a police officer, and I have reason to believe you have got some counterfeit coin in your possession"—he said, "No, I have not"—I said, "I am not satisfied I shall take you to the station"—I searched him there in Simpkin's presence, and found in his right trousers pocket 11 bad florins wrapped in paper over and over—I said, "Where did you get these from?"—he said, "A man named Jack Webb gave them to me"—I said, "Where does Webb live?"—he said, "I don't know"—he gave his address, "53, Blackman Street, New North Road"—I went to the road, but the numbers did not go so high—I went to the station and told him so—he said, "I mean 32, I have made a mistake"—that was the case—I know his brother, Charles Jewell. (See next case.)
The Prisoner's Statement before the Magistrate. "Jack Wells, a young man I know, asked me to mind them for him as he did not like to take them to his lodging."
GUILTY .— Fifteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
CHARLES MEADOWS, JUN . I am eight years old, and live with my father, a policeman, at 32, Fordham Street—I met the prisoner near our house on a Friday—he said, "Go and get me a pint of beer in a can at the Duke of York, and I will give you a halfpenny when you come back"—he gave me a half-crown—I gave it to one of the barmaids and got the beer—I went out, and the prisoner was not there.
Cross-examined by the Prisoner. I am sure you are the man—I noticed y our face and your tie when you were standing by the baker's gaslight, and you have the same tie on now—I said that you were not the man, but I was frightened then, and now I am not frightened, and I say that you are the man.
ANNIE MILLS . I am barmaid at the Duke of York—on 20th February the boy Meadows came in and gave me a bad half-crown—I gave it to Mr. Lyons, the manager—I served the boy with, the beer in a can, and Mr. Lyons went out with him.
JOSEPH LYONS . I am manager of the Duke of York, 44, Fouldham Street—the boy lives about 20 yards off—on February 20th, about 8 o'clock or 8.30, my barmaid handed me this half-crown—the boy made a statement, and I went out one way and told the barmaid to send the boy out at a different door—when he came out I followed him—he stopped, and I saw a man peeping from the corner towards our house—the boy looked at him, and I went after him—he was trotting away from the corner—I overtook him and said, "Are you the man who gave the buy the half-crown?"—he said, "I did not give any boy a half-crown"—I said, "You will have to come back with me"—he said, "I am not going back, you will have to let me go or else I will make you"—I held him more tight, and took him back to the boy, who was outside his father's house, and said, "Is this the man who gave you the half-crown?"—he said "Yes"—the prisoner made a snap at the boy, he bent his body towards him and said, "Am I the man who gave you the half-crown?"—the boy said "No," he appeared very frightened indeed, but his father came out, and I gave the prisoner in custody with the coin.
CHARLES MEADOWS (Policeman NR 9). I live at 32, Fordham Street—on 20th February, about 8.15 p.m., I was off duty and at home—a knock came to the door—I opened it and saw the prisoner held by Mr. Lyons, who said, "I give this man in custody for giving your boy a bad half-crown"—he said, "They have made a mistake, I gave no boy a half-crown"—my son was there—I produce the coin—I searched the prisoner and found a good shilling and 5 1/2 d.
Prisoner's Defence. I deny giving the boy the coin. When I came up the witness said that the boy said that I was the man, but I only heard him say that I was not the man.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. CRAUFURD and WILKINSON Prosecuted; MR. BEARD Defended.
JOHN TAYLOR (Detective Y). About 8 p.m. on 6th February I was in King Street, St. Pancras, with Cobb, and saw the two prisoners there; they went over to a paper shop, stopped there about five minutes, and looked up and down to see if they were being watched; somebody went into the shop and they went away—I followed them; they stopped at a little sweetstuff shop a little way along, and went from there through Queen Street into Pratt Street to a Mrs. Wilson's sweetstuff shop; they stopped outside and looked up and down the street, and then Harding went into the shop; Towel followed him—we crossed the road, looked in at Mrs. Wilson's window, and saw Harding give her a coin, apparently a shilling; she went round the counter, and came back and gave it back to Harding; they then came out—I told Cobb to keep observation on them, and went in and made a communication to Mrs. Wilson, and came out—we followed the prisoners through Pratt Street; they stopped at another shop there, and then went on to Park Street, where we stopped them—I said to Harding "I am a police officer, what have you got about you?"—he said "Nothing"—I said "What have you done with the shilling you tried to pass to Mrs. Wilson in Pratt Street?"—he said "I have got nothing"—I said "I shall take you to the station"—I had hold of him then—Towel handed me this purse—I had said nothing to him then—he said "Here is the purse, Mr. Taylor?"—I opened it; it contained 10 bad shillings wrapped in separate papers and a half-crown—I took the purse to the station—when Harding was charged at the station he said the purse belonged to him.
Cross-examined. When we were going to the station Harding said "If you will let me go I will take you down to the Dials where I buy them"—I told him he ought to have thought of that the last time he was let off—we had been following them altogether about one hour and a quarter—there were periodicals in the window where they looked in—I did not know who Harding was till I stopped him, and then I knew who he was, and knew that he had been convicted before—Towel was walking in the direction of his home, but he was a long way from it—I said before the Magistrate that Towel called me by my name—when Towel was arrested he said that Harding gave him the purse to carry—I have made inquiries about Towel, and found that he has recently worked at a lithographic printer's—I had only seen Harding and Towel together on that night.
ELIZABETH WILSON . I am a widow, and keep a sweetstuff shop at Pratt Street, Camden Town—on 5th February, about 8 p.m., the prisoners came in; Harding asked for a pennyworth of chocolate creams, and handed me a shilling—I tried it first with my fingers, and then on a marble slab—I didn't bend it; I gave it back to him, and took the creams from him—he said he had not gut a penny, and they walked out of the shop together—Towel was standing by and could hear what was said—after they had gone Taylor came in and spoke to me—I did not tell either of the lads the coin was bad—I said I did not like to take it; I had not got any change.
and followed them; they went down King Street, and looked in a paper shop window; a man went in there, and they went away to a sweetstuff shop in another street, and from there to Pratt Street—Harding went into Mrs. Wilson's shop followed by Towel—Harding tendered what appeared to be a shilling; she went behind the counter, and came back again, and gave him it back again—both prisoners then left the shop—Taylor, went in while I kept observation on the prisoners—he came out and made a communication to me, and we followed them through several streets, and at last stopped them in Park Street, Camden Town—I said to Towel "Where is that money?"—he said "What money?"—I said "You know"—he then took a purse out of his pocket and handed it to Taylor, saying "That is all I have got"—we had been watching them about an hour and a quarter—I said nothing to Harding, but I saw him put his hand in his left-hand coat pocket in a suspicious manner, and I there found a bad shilling and a good penny, and said "There it is"—going to the station Towel said "You might let me go this time; I have only known him a week; he gave me the purse to carry, and told me there were some fletches, sniders in it," that is a slang term for counterfeit coin, "I saw him two or three nights ago, and he had about 1 l. worth"—I took Towel in custody—the prisoners could not hear each other speak.
Cross-examined. This is not the first case of this kind I have been in—I followed them simply by instinct—I made a note next morning before I went before the Magistrate of what Towel had said; I have it now—I told the Magistrate I made no note at the time.
Re-examined. I did not hear Taylor give his evidence at the police-court, I was not in court—I was asked on the remand if I had made a note.
TOWEL received a good character.— NOT GUILTY . HARDING— Eighteen Months' Hard Labour. The Court commended the conduct of Cobb.
MESSRS. CRAUFURD and WILKINSON Prosecuted.
SOPHIA BURROWS . I live at 2, Addison Road, Kensington, and keep a stationer's shop—on 9th February, between 5 and 6 p.m., the prisoner came in for a Sporting Life, which I handed to him—he gave me a half-crown—I gave him two separate shillings and fivepence change—I put the half-crown on a shelf near my parlour door, and when I counted my takings at night I found it was bad—this is it; it was the only one I took that day—I put it under an ornament—on 10th February he came again about the same time—I had lighted the gas at one end of the shop, but not the end where he came in—he asked for a Sporting Life and gave me a half-crown; I gave him two separate shillings and fivepence in bronze, and put the half-crown in my apron pocket—after he had left I thought he was the same person, and after my other customers had gone I took the half-crown out of my pocket and found it was of the same kind as the other—on 12th February, about the same time in the evening, the prisoner came in for a Sporting Life—I had four other customers in the shop—I said I had not got one—he said "Have you got a Sportsman?"—I said "Yes," and gave him one—he gave me
this half-crown (produced)—I went to my till and said "I have not sufficient change," and walked into my room as though I was going to get some change, and opened the door and called out for help and police, and then went back and said to him "You have given me a bad half-crown"—he made no answer—a policeman came, and I gave him in custody with the coins.
THOMAS ADAMS (Police Sergeant T). I was called to Mrs. Burrows' house on 12th February; she was detaining the prisoner in the shop—he was standing at the counter—she said in his presence "This man has just given me a bad half-crown for a sporting paper, and he has given me two other bad ones this week"—he said "Not me, missus, you are mistaken"—I said "Have you any more bad money about you?"—he said "No"—she gave me these coins (produced), I marked them at the station—I searched him and found a florin, a halfpenny, two farthings, and a small purse—two of the half-crowns are of William the Fourth's reign and one a Victoria.
Prisoner's Defence. I was only in the lady's shop once.
GUILTY .**— Eighteen Months' Hard Labour.
OLD COURT.—Tuesday, March 3rd, 1885.
Before Mr. Recorder.
317. THOMAS PICKIN (21) to unlawfully obtaining a dozen shoe brushes by false pretences, also to forging and uttering a request for the same.— Four Months' Hard labour. [Pleaded guilty: see original trial image.] And
318. GEORGE FOWLER (40) to unlawfully obtaining two dozen shoe brushes by false pretences.— Six Months' Hard Labour. There were two other indictments against the prisoner for forging and uttering two requests for the delivery of the same. [Pleaded guilty: see original trial image.]
MR. EDWARD CLARKE, Q.C., with MR. MCCOLL, Prosecuted; MR.
GERALD WITT . I am a member of the Stock Exchange, and am secretary of the Benevolent Fund connected with the Stock Exchange—the prisoner was formerly a member of the Stock Exchange—on 2nd or 3rd January last I received this letter enclosing this printed circular, at the Stock Exchange—I do not know the prisoner's handwriting; but this is signed by him.
Cross-examined. The Benevolent Fund is to assist ex-members—before they are assisted it is necessary for them to make a statement of their position, which ought to be signed by three members, who certify to their upright and honest dealing during their membership.
WILLIAM BAYNES . I am a member of the Stock Exchange, and reside at 26. Portland Place—I am not a member of the Benevolent Fund nor an officer of it—in January I received by post a printed document in a
letter—I have the letter here, but not the enclosure; this (produced) is a copy of it.
Cross-examined. I have known the prisoner ever since he has been on the Stock Exchange, or very soon afterwards, a good many year—I never found him otherwise than honourable and upright, except as regards this letter—last year he came to me and asked if I would assist him to go to New Zealand, where he could get charge of a sheep farm—he said if I could give him 25l. he might obtain 25l. from several others, and that would suffice to take him there—I have no recollection of his applying to the Stock Exchange Fund for assistance.
Re-examined. I gave him 25l.
JOHN MOSTYN PRITCHARD . I am a stockbroker, carrying on business at 31, Throgmorton Street—prior to 1875 I was inspector of branches of the National Bank—in 1875 and part of 1876 I was in partnership with the defendant—both the letters produced are in his handwriting. (These were applications for assistance, and enclosed copies of the document alleged to be libellous, and which alleged that he had been ruined by the misconduct of Mr. Pritchard, who, not acting fairly as a partner, had deprived him of his business, and obtained it for himself.)
Cross-examined. I am connected by marriage with the defendant—up to a certain time I was on very intimate terms with him—I and my wife have frequently accepted his hospitality.
Re-examined. I have no vindictive feeling towards him—on discovering that this libel was being circulated among members of the Stock Exchange I felt it my duty to take proceedings.
GUILTY. Strongly recommended to mercy by the Jury on account of the difficulties he appeared to be in. — Two Months' Imprisonment.
MR. GRIFFITH Prosecuted.
PATRICK CLANCEY . I am a labourer, of 7, Dyott Street—on Monday afternoon, 16th February, I was at the Old Crown public-house, at the corner of Museum Street—the prisoner, was there—we had two half pints of beer.; we had not an angry word—he drank his half-pint and went out; he then came in again and stubbed me in the neck with a knife, without saying a word—I struggled with him—a policeman came up and saw me bleeding from the neck; I told him that the prisoner had stabbed me, and he took him into custody—he was sober, and so was I—Dr. Atkinson attended me and dressed my wounds.
JAMES HINDES (Policeman E 308). I was on duty near the Old Crown and saw Clancey struggling with the prisoner and bleeding from the neck—I asked him what was the matter—he said "This man has stabbed me"—I took the prisoner into custody—I asked him where the knife was and he gave me this knife; there was no blood on it; the large blade was open—at the station he said the prosecutor and several others had been annoying him for some time, that on this day he went into the public-house, the prosecutor said something to annoy him, and he pulled out the knife to frighten him, and accidentally caught him, but did not mean to injure him—he was perfectly sober.
February—I examined Clancey's neck—he had a small punctured wound about half an inch from the carotid artery, that is about as dangerous a part as can be—the wound itself was not dangerous, it was very trivial—this knife would inflict such a wound.
Prisoner's Defence. I am very sorry, it was through a drop of drink.
GUILTY of unlawfully wounding. — Three Months' Hard Labour.
MR. GILL Prosecuted.
After the prisoner was given in charge he expressed his desire to plead guilty, asked for forgiveness, and promised not to offend again. The JURY upon this found a verdict of GUILTY , and he entered into his own recognisance in 25l. to appear for judgment if called upon.
MR. GRAIN Prosecuted; MR. HALL Defended.
ULYSSE POULET (Interpreted). I am a butter merchant, in the province of Jura, in France—I received this letter (produced). (A translation was read. It was dated Jan. 7th, 1885, from 28, Colebrook Row, Duncan Terrace, London, signed Leon Tissier, stating that he had obtained Mr. Poulet's address from an article in a newspaper describing his butter as of a superior quality, and if he was disposed to try the English market he could easily supply from 2,000 to 3,000 kilos a week, at a commission of 3 per cent.) In consequence of that letter I sent 121 kilos of butter, worth 17l. 16s., addressed as stated, and in course of post I received this letter, dated 12th January, enclosing a cheque for 15l. 15s. 3d., on the Royal Exchange Bank, 75, Cornhill, signed Leon Tissier—I sent the cheque to my bankers, and it was paid—I afterwards received this letter of 16th January—before receiving it I had sent off a second consignment of butter of 227 kilos—I sent that before the cheque was paid—I received another letter of 20th January, enclosing a cheque for 29l. 10s. 2d.—I endorsed it away; it was returned to my bankers unpaid, and they handed it to me—I have never been paid that amount—when I received the cheque I believed it to be a good one—in consequenoe of the first cheque being paid I sent 650 kilos more butter, value about 2,400 francs—on 29th January I wrote to the prisoner, the consignment had already been sent; I stopped it on the night of 30th January—I received the telegram, "Through error, banker's cheque returned; sending bank-notes by mail"—I have never received any bank-notes—I received this other letter. (This stated that in consequence of the dishonesty of a clerk, the cheque, with others, had been returned, from want of funds, but would do what was necessary to avoid a like occurrence.)
Cross-examined. The second consignment was sent before I received the first cheque—I afterwards went to my solicitor in Paris and lodged a plaint, and he told me the matter must be sent to London—I wanted my money—they told me it was a criminal affair—when I sent the first butter I thought it would become a matter of business—I expected to get a better price in this country altogether—I consigned three parcels of butter to the prisoner, the fourth I arrested—I seal two which I was not able to recover.
The RECORDER interposing, considered that upon this evidence the case could not be supported, the property evidently not being parted with in consequence of any false pretence; he was afraid the transaction was not quite an honest one, but the prosecutor's evidence put him out of Court.
NOT GUILTY .
NEW COURT.—Tuesday, March 3rd, 1885.
MESSRS. CRAUFURD and WILKINSON Prosecuted.
JANE REYNOLDS . I am a hosier, of 135, Hoxton Street—on February 8th, about 11.30, the prisoner came in with a lad and asked for a ten-penny tie and a sixpenny-halfpenny front—he gave me a half-crown, which I put in a drawer by itself, gave him the change, and he left—he came again by himself about 2.30 for a shilling necktie, and gave me another half-crown—I tried it, and told him it was bad—I had given him the change—he went out; I called to him and followed him, and told him it was bad, and the previous one also—he said "You can't prove I gave you the first"—I took him back, tried the first coin, found it bad, and gave him in custody with the two coins.
FRANCIS WEBSTER (Policeman G 144). I was called to Mrs. Reynolds's shop, and she charged the prisoner with uttering two counterfeit half-crowns—he said "I must have got them in my wages," and offered to pay the half-crown—I found on him four shillings and a halfpenny—he said again at the station that he must have received them in his wages on Saturday night, and that he worked for Messrs. Simpkins, printers, Savoy Street, Strand—I have been to them.
Prisoner's Defence. I did not know they were bad.
GUILTY .— Nine Months' Hard Labour.
MESSRS. CRAUFURD and WILKINSON Prosecuted.
GEORGE MASTERS . I am assistant to Mr. Martin, a cigar dealer, 17, Royal Opera Arcade, Haymarket—on February 4th, about 9.30 p.m., I served the prisoner with a threepenny cigar; he gave me a half-crown; I gave him the change and put it in the till—I cannot say whether there was any other half-crown there—I examined it after he left, and could not exactly tell whether it was good or bad; there was a peculiar brightness about it—Martin afterwards called my attention to it—this is it.
WILLIAM MARTIN . On 4th February, about 6.30, I left my shop in Masters's charge—when I returned I went to the till and found this bad half-crown; there was no other half-crown or large coin there—I put it on a shelf behind, and afterwards gave it to New.
ALBERT MAYER . I am manager to a hosier at 223 1/2, Regent Street—on 17th February the prisoner came in for a tie—the shopman sold him one price 6 1/2 d.—he tendered a half-crown—I examined it; it was bad—I
broke it with my fingers, and told him it was bad—he said "Is it?"—these are the pieces—he said nothing.
JOSEPH BENGER (Policeman CR 26). On 17th February the prisoner was given into my custody at 223 1/2, Begent Street—I found on him three-pence and a pawn-ticket—Mr. Mayo gave me these two pieces of a half-crown.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. CRAUFORD and WILKINSON Prosecuted.
CHARLES WOOLFORD . I keep the Baker's Arms, Marylebone—on 15th February, between 11 and 12 a.m., I served the prisoner with a glass of ale; he got in conversation with somebody, stood a pot of ale, price four-pence, and put down a half-crown; I gave him a florin and twopence, and put it in the till, where there was no other half-crown—after he left I found it was bad, and gave it to the constable.
Cross-examined by the Prisoner. You had not been drinking or I should not have served you—I was in the cellar, and my wife sent me down half-a-crown to change; you were there when I went down—I was there 20 minutes, and you were gone when I came up.
Re-examined. A boy came in with a bad half-crown from next door, and in consequence of that I looked at the prisoner's half-crown and found it was bad.
ALFRED WATTS . I am assistant at a newspaper shop in Stamford Street, Marylebone, next door but one to the Baker's Arms—on 5th February, about 12.45, the prisoner came in for a morning newspaper—I handed him the Daily News; he gave me half-a-crown—I had not change, and sent the boy for it while the prisoner waited—the boy came back with the barman from the Yorkshire Stingo, and said in the prisoner's presence that the coin was bad—I asked him if he knew it was bad—he said "No"—this is it (produced).
Cross-examined. You made no objection to my sending for change—you did not attempt to go out of the shop.
HENRY GLITHERO . I was in this newspaper shop, and Mr. West gave me half-a-crown to get change—I took it first to the Baker's Arms—I did not get the change there, and took it to the Yorkshire Stingo—the barman tried it and bent it, and went across to the newspaper shop with me.
EDWARD WHITEMAN . I am barman at the Yorkshire Stingo—on February 5th Glithero brought me a half-crown; I broke it in the tester—here are the pieces (produced)—I went with him to the newspaper shop, and found the prisoner there coming towards the door—I said "You will have to wait here till the police come"—he made no reply—I threw the half-crown on the counter and closed the doors, and a policeman came, and said "Where did you get it from?"—he said "In Dorset Square," or "At the corner of Dorset Square"—he said "Turn your pockets out"—he did so, and produced 1 1/2 d. in bronze and some silver—the policeman said "It is a very singular thing you should offer a half-crown for a penny paper when you had got some bronze money on you"—he said "Let me go and see the governor"—I left him with the constable.
Cross-examined. I did not say that I had orders from the governor to lock any man up who came with a bad half-crown.
ROLAND ROBBINS (Policeman D 256). I was called, and Mr. Watts said "This man has given me a half-crown in payment for a newspaper, and it is a bad one," handing me these pieces—the prisoner said they had been drinking, and he was not aware it was bad—I searched him, and found a florin, two shillings, and three halfpence—he was taken to the station, and Mr. Woolford identified him; he had had some drink, but he was not drunk.
The prisoner in his statement before the Magistrate and in his defence said that a betting man in a public-house gave him 20 shillings in exchange for a sovereign the day before, and that the half-crown he passed was among it, and he did not know that it was bad.
GUILTY . He then PLEADED GUILTY ** to a conviction of unlawfully uttering counterfeit coin at St. Albans on January 1st, 1884. (17 other convictions were proved against him.)— Six Years' Penal Servitude.
MESSRS. CRAUFURD and WILKINSON Prosecuted.
CLARA CHAMPNEY . I am barmaid at the Rising Sun, Marylebone—on 5th February, at 9.10 p.m., I served the prisoner with some lemonade and a dash of bitter, which came to 2 1/2 d.—he gave me a half-crown—I said "Do you know what you have given me? you have given me a bad half-crown?"—he said "I didn't know it"—I put it in the tester; it bent all round the edge, and I gave it back to him—he paid with a good half-crown and I gave him 2s. 3 12d. change—I have no doubt he is the man—I saw him next at Marylebone Police-court on the 12th with two or three others, and identified him.
Cross-examined. I did not lock you up, because I was alone in the bar
JOHN CHARLES BIDGOOD . I manage the Angel Tavern, Marylebone, about five minutes' walk from the Rising Sun—on February 5th, about 9.25, I saw the prisoner there—the barmaid spoke to me and brought me a bad coin, but I don't know whether the prisoner could hear what she said—I said "What is this?"—he said "It is only this half-crown, I don't know where I got it," and he said to the landlady "I have had several from various gentlemen during the day, and I don't know where I got it from, take it out of that." throwing down a good half-crown—the barmaid gave him change, and kept the bad one and let him go—I followed him; he spoke to a young man and I gave him in custody with the coin.
Cross-examined. You were outside of the house a full quarter of an hour before the policeman took you—you went into a dark corner, but I don't know what you did.
MARY LOWE . I assist at the bar in the Angel Tavern—on 5th February, about 9.25 p.m., I served the prisoner with some lemonade and a dash of bitter, price 2 1/2 d.—he gave me a half-crown—I saw it was bad, put it in the tester, broke it, and gave it to the manager, who came back with me to the prisoner, who paid with a good half-crown and got; the change—I think there was a florin and 3 1/2 d., out of which he gave me back 2d. for a cigar—he told the manager he had had several half-crowns
given him during the day, and could not say where he got it, he did not know it was bad, and threw down another.
ARTHUR BOWLES (Policeman D 77). Bidgood pointed out the prisoner to me in Theyer Street—I stopped him and said "You offered the prosecutor a bad half-crown at the Angel public-house"—he said "Yes"—I searched him and found a florin and 1 1/2 d. on him—he gave his address 28, Garside Street, Manchester—he was taken to the station, put with three others, and Clara Champney picked him out.
The prisoner, in his statement before the Magistrate and in his defence, said that he came up from Manchester the day before, and was robbed of 16l., and was obliged to sell some of his things to get some money, and that was how he got the bad coins.
GUILTY .— Ten Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. MUIR Defended.
LUCY FOWLER . I am barmaid at the Harry Tavern, Brunswick Road, Poplar—on 12th February, between 9 and 11 o'clock, I served the prisoner Godsell (See page 690) with a pint of fourpenny ale—he gave me a florin—I thought it was bad and showed it to my mistress, tested it in the till, and it bent easily—I gave it back to Godsell and told him it was bad—he said "Oh, is it?"—he then paid with a good fourpenny-piece—I next saw him in custody at the police-station, and identified him; he was placed with several others, I can't say how many—I did not see any other man who is here, in the house with God sell.
JOHN MCCARTHY . I am 13 years old, and live at 13, Alfin Street, Bromley—I am working there for a man in a coal shed—on 16th February Godsell came into my master's shop for a quartern of coals, which came to 3d.—he gave me a shilling—I knew my mistress had no change and went and got change from Emily Linton, next door—I gave Godsell his change and he went away with the coals—after he had gone Emily Linton brought the shilling back; I found it was bad—Godsell lives near me, and I went round to his house with the bad shilling and showed it to him—McDonald was in the passage and could hear what I said—I said to Godsell "This is a bad shilling"—he said "So it is," and gave me 4d., and McDonald gave me 8d., and I gave him the shilling back.
Cross-examined. I did not recognise the shilling when brought back by Emily Linton—when I said to Godsell "This is a bad shilling," McDonald was in the passage, close to him, and Godsell said to McDonald "Lend me some money," and he lent him 8d.
EMILY LINTON . I live with my father, who keeps a dairy, at 88, Upper Fowler Street—on 16th February the last witness brought me a shilling to change—soon afterwards I found it was bad, and took it back to him—it had not been mixed with any other money, it laid on the counter, and I swear it is the same as McCarthy gave me.
Cross-examined. It laid on the counter about three or four minutes—this was between 9.30 and 9.45—customers come in about that time, but they did not on this morning—when the boy had gone I tried it—we have a till—when I took it to the boy he said "I will take it back to the man."
JAMES SCOTT . I live at 144, Lundy Street, Poplar, and keep the Princess of Wales beer shop—on 17th February, about 8 p.m., Wiggins came in alone—my cousin, Rose Starling, was serving in the bar—she is not here—I could see what passed; he asked for a penny smoke, fumbled in his waistcoat-pocket, and threw a bad florin on the counter—my cousin brought it into the parlour to me—I examined it, found it was bad, broke it, and kept it—after some conversation he went away without it—while I was holding the altercation with Wiggins two men came in, McDonald was one of them; he asked for half a pint of ale and paid with a penny, and as soon as Wiggins went out they followed.
Cross-examined. I identify McDonald by a mark under his left eye—I asked Wiggins if he had got any other coins like that—he said "No," and I told him to go; and McDonald told Wiggins to go while he had a chance—I am hardly certain whether I said that at the police-court—I signed my depositions at the police-court as correct—Wiggins said "Give me my shilling," and I gave him the two parts—Thomas Lucas is a customer of mine—I have seen him since 17th February and talked to him about this.
THOMAS LUCAS . I am a clerk, living at 69, Tetley Street, Poplar—on the evening of 17th February I was in Mr. Scott's house—I saw Wiggins come in and tender a shilling for a cigar, to Miss Starling—I saw her take it to Mr. Scott, who broke it and returned it to Wiggins—McDonald and another man then came in and McDonald said to Wiggins "You had better clear out of this"—when Mr. Scott came to the bar with the shilling he said to Wiggins "Have you any more like this?"—he said "No"—Mr. Scott said "Now you just feel in your pockets and see if you have not"—he then pulled out 3d. in coppers and some tobacco, and Mr. Scott said "You scoundrel, why could not you have paid for that cigar with a penny instead of tendering me a bad shilling? you clear out at once;" and then the prisoner said "You had better clear out," and no sooner had Wiggins gone than some one with McDonald drank up the ale and went out—I watched them towards Grundy Street, and saw Wiggins, McDonald, and a man I don't see here—as soon as they saw me, Wiggins went by himself, McDonald and the other man went another way—I watched Wiggins five or six minutes, he kept crossing the road, trying to thwart me; I didn't follow him—I was taken to the station; there were about 10 persons there, and Wiggins and McDonald among them, and I identified them without difficulty.
Cross-examined. I am a customer at Mr. Scott's house—I go there about once a day, sometimes twice—I have been there since 17th February, but I have never spoken a word to him about this, I kept my own counsel—Mr. Scott was about two yards off when this conversation took place between Wiggins and McDonald—Mr. Scott was talking in a rather loud tone, he may have been excited.
HENRY SPINKS . I am a butcher at 85, Grundy Street, Poplar—on 17th February Sallows came in for half a pound of steak—he gave me a half-crown—I gave him two separate shillings in change—before he was fairly out of the shop I saw it was bad and spoke to my son—we went after him; I caught him—he took back the half-crown and gave me the two shillings and the steak—I saw two men on the opposite side of the road about 100 yards from my shop on the same side, but Sallow had crossed over, I had crossed too—I do not see either of the two men
here because I did not see their faces—Sallows joined these two afterwards, and all three went into a beerhouse—my son watched while I went to the station for a detective—I went back and saw Sallows go into a pork-butcher's shop—I returned to the beerhouse and gave him in custody at the door.
Cross-examined. As soon as Sallows came out of Shafter's I stepped in and asked a question.
Re-examined. I saw the half-crown at Shafter's—this is exactly like it—I think it was of the Queen's reign.
ROBERT SPINKS . I am a son of the last witness, and assist him in his business—on 17th February, about 10.5, I saw him serve Sallows with half a pound of steak—he gave half-a-crown in payment—my father found it was bad as he was leaving the shop—we followed him, and my father overtook him—McDonald and Wiggins were standing on the opposite side of the road watching the shop—they could not hear what my father said to Sallows—Sallows took back the half-crown and gave back the steak—I followed him—he joined the other two, and all three went into the Coat and Badge—I next saw the prisoner go into Shafter's, about 10 yards from the beerhouse—we followed him, and I believe my father received a coin from Mr. Shafter—this half-crown (produced) is the one he tendered at our place—I noticed, then that the tail side was much brighter than the head; the head was darker, but it has got brighter—the sergeant marked it afterwards—I gave Sallows in custody on the door step—I watched the beershop, and I did not see Wiggins or McDonald come out while I was there.
CHARLES SHAFTER . I am a pork-butcher, of 23, Chrisp Street, Poplar—about 10.30 p.m. on 17th February I served Sallows with a penny saveloy—he put down a half-crown—I gave him 2s. 5d. change, and put the half-crown in the till, where there was no other silver—he went out immediately, and Mr. Spinks came in, and in consequence of something that he said I took the half-crown out of the till and found it was bad, and Mr. Spinks ran out after him, and he was brought back by a constable—I examined the coin at the time and showed it to my father in the constable's presence—I saw my father give it to him.
Cross-examined. I only know it by the curtain on it—it was tendered with the tail side up; that was the best-looking side, but the other side was the brightest.
Re-examined. I never lost sight of the coin after I gave it to Spinks till it was given to the constable.
JAMES SIMONS (Policeman K 640). I was called to the Coat and Badge beerhouse, and saw Sallows standing in the doorway and McDonald and Wiggins leaving—I took Sallows, and took him to Shafter's shop, who gave me this coin (produced)—I saw McDonald next morning outside Thames Police-court after I had taken Sallows before the Magistrate—Sergeant Butler spoke to him first; he said he wanted him for being concerned with others in passing counterfeit coin—I arrested McDonald, who wanted to know what he was taken for, he said nothing about passing bad money.
Cross-examined. He said he had no bad money on him—I did not hear
him say anything in answer to the charge—Sergeant Butler found on him 17s. 6d. or 18s. 6d. in silver.
SARAH DODD . I live at 23, Hyder Street, Bromley—my daughter keeps the Mason's Arms—on 17th February, about 10.30 p.m., Godsell and McDonald came in, and remained till 11.30—I recognise McDonald by his having a steel drill; they were having a conversation before the fire, and I looked to see who it was, and I knew him again at the police-station, and picked him out from a number of men.
CAROLINE CROW . I am married, and live at 64, Ettrick Street, Poplar—Godsell occupied two rooms in our house—I saw McDonald there a fortnight ago to-night—he came with Godsell between 1 and 2 a.m., and stayed till morning, because I bolted the door, and no one went out after that—Wiggins had been there in the daytime—Godsell is his brother-in-law—McDonald and Godsell were together on the 18th, about 7.30 p.m., in the back yard.
Cross-examined. They were not there the evening before, that I am aware of—I said before the Magistrate "On the 17th McDonald came with Godsell and stayed all night."
ROBERT BUTLER (Police Sergeant K 13). At 8.30 p.m. on 17th February I saw the four men in the dock in Hyder Street, Poplar; I watched them, and saw Wiggins and Sallows go into several shops, and afterwards join McDonald and Godsell, and then they all went into the Mason's Arms beer-house—I was obliged to go, as I had an appointment, and when I came back they were gone—I was at the police-station, Arbour Square, when Sallow was brought in next morning, and saw the other prisoners outside the Court—I took Wiggins in custody; the other two were taken by a conbtable—Wiggins said in the presence of the other prisoners "You have caught the fox this time; I don't know these men"—I told him he would be charged with being concerned with another man in custody for uttering a counterfeit half-crown—he said "What is the meaning of this? I was talking to a solicitor about a friend of mine; these men are strangers to me; I was working all night on a coal barge; look at my hands, I have not had time to wash them"—I found on him a street-door key, a drill, and a purse containing 18s. 6d.: three florins, three shillings, and the remainder in sixpences—the drill was in his side coat pocket—Godsell said "You have made a mistake, these men are strangers to me; I merely came here for a walk"—McDonald refused his address.
Cross-examined. It was an ordinary door key—I began to keep observation on them about 8.30, and saw them go into the Mason's Arms—I left a little before 9 o'clock, and returned in about 20 minutes, and they had then gone—when I arrested McDonald he said he was talking to a solicitor about a friend of his outside the Court—I said that before the Magistrate.
WILLIAM GILL (Detective H). On 18th February I was at Arbour Square Police-court, when Sallows was brought up at 10 o'clock—I saw Wiggins and McDonald taken by Butler, and Godsell immediately went away as hard as he could towards Stepney Church—I went after him and stopped him, and told him he would have to go back with me for being concerned with the other men—he said "You have made a mistake this time, old man; I don't know these people, they are strangers to me"—I took him back to the other prisoners—when I first saw them they were talking to a solicitor's tout.
GUILTY . He then PLEADED GUILTY to a conviction at this Court on 11th December, 1882, in the name of George Watts for uttering counterfeit coin. (See page 691).
FOURTH COURT.—Tuesday, March 3rd, 1885.
Before Robert Malcolm Kerr, Esq.
MR. SCALES Prosecuted; MR. GEOGHEGAN Defended.
WILLIAM BARRETT . I am a manufacturer of collars and braces, at 10,✗Long Lane—I have a partner—on 22nd January I missed four bundles of elastic webbing, 490 yards, value about 5l. 15s. 6d., from a hamper behind the street door; in consequence I gave information to the police—these are portions (produced) of the webbing which I missed.
Cross-examined. They are samples of what I sell to wholesale houses—Mr. Matthews's shop is a short distance from my warehouse—we employ a number of girls—I took three or four of them down to Snow Hill to see the prisoner—none of them are here to-day.
WILLIAM HENRY MATTHEWS . I am a brace and belt manufacturer, of 47, Beach Street, Barbican—on 29th January the prisoner came and offered me 500 yards of brace elastic webbing for sale, he brought three samples with him—he wanted 3d. a yard; I offered him 2d., he would not take it, I then offered him 2 1/4 d. and 2 1/2 d.—I ultimately agreed to give him 3d., which was over the value—he agreed to bring the webbing in that night—he then said he should want the patterns—I said I should not allow him to have the patterns or to leave the premises, and I sent for a constable—he said he would tell the constable when he came where the goods were, and when the constable came he refused—I handed the samples to the police.
Cross-examined. The prisoner bargained with me for three or four minutes from 2d. up to 3d.—I was perfectly willing to give him 2d. as far as he knew when ho came in—my place is about 100 yards from Barrett's—the prisoner had been in the day before, but not to my knowledge—I have had deals with him before for some skins, which he told me he sold on commission—he said he was only getting a small commission.
OLIVER HUNT (City Policeman 181). I was fetched to the shop of the last witness, who said that the prisoner had offered him some goods for sale—I asked the prisoner where he got them from—he said they were given to him by a friend for sale—I asked him who; he said he should not say—I took him to Snow Hill Police-station—on the way I asked him what quantity he had—he said 300 or 400 yards, and he said it was at or near King's Square, Goswell Road—I searched him and found some more webbing in his waistcoat pocket corresponding to that which he had offered for sale, some keys, billheads, a knife, and 1s. 11d. in money—he refused his name and address and everything.
Cross-examined. He asked for leave to go into a public-house for refreshment—he did not say his friend was there—he said at the police-station that he should not give his name and address or any statement
unless he saw a solicitor—we did not allow him to send for one—he had patterns of other similar webbing on him.
The prisoner in his statement before the Magistrate said that a man had asked him if he could sell some webbing at 3d. a yard, and had given him samples; that he took them to Mr. Matthews, whose foreman said he was asking too much; that he called the following day on Mr. Matthews and said as he only got 2 1/2 per cent, discount he could not take less than 3d. or 2 3/4 d., and that then Mr. Matthews burst out saying that they were stolen; that he wished the sergeant to go with him to Goswell Road, as he could find the party and could so find the goods; but he denied saying he knew where the goods were.
The prisoner received a good character.
MR. SCALES Prosecuted; MR. GEOGHEGAN Defended.
ARTHUR ROWBOTTOM . I am salesman to Edward Frank and others, foreign importers, of 46 and 47, Red Cross Street—on the night of 16th, or morning of 17th January, I left the premises at two or three minutes past 7—I locked up the bags safely myself—when I came to business next morning, the 17th, I looked round, saw an entrance had been made, and missed a large quantity of fur, plush, and leather bags from the goods cases—a few of them I see here—they are part of the stolen property, and belong to my firm.
Cross-examined. We altogether lost about 60 bags—I have only seen six since, of which no two are alike—all but one are such as travellers would carry as samples—travellers' samples are sold to job buyers, but not of this kind—the price of those six would be worth to me 50s. to 55s. about, roughly—we make a higher class of goods than these.
JOHN WISE (City Policeman 155). In consequence of information received I went with Sage and True to the Red Lion public-house, 82, High Street, Hoxton, where I saw Mrs. Clark, the landlady, who showed me four bags—I made inquiries at Hoxton, and about 9.15 a.m. I went to 88, High Street, Hoxton, the prisoner's address—I saw him, and told him we were police officers, and were making inquiries about fur and plush bags stolen from the City, and asked him whether within a fortnight or three weeks he had bought or sold them—he said "No"—I asked if his wife was in—he said "Yes"—I asked her if she had bought or sold any fur bags—she said "No," in the presence of the prisoner—I cautioned them to be very careful, and asked them some questions, and they said they were positive they had not—I told them they must consider themselves in custody, as I knew they had sold some to the landlady of the Red Lion—the female said "Oh yes, I did sell her one"—I and Sage searched the premises, and found three lady's jerseys—I afterwards, in company with Parker, on the morning of the 31st, Saturday, again went to the prisoner's house, and from off the landing on the second floor Parker handed me these 17 aprons—I then showed him a stall in the street, from which he picked out these seven woollen shawls—I have seen the prisoner sometimes and sometimes his wife at that stall.
Cross-examined. I have seen the prisoner's wife attending to the stall—when she said she had sold one to Mrs. Clark I asked her if she had a
bill or invoice, and she said "No"—most of the conversation on this point took place with her—the jerseys and bags were the only things found before the prisoner was taken away—he was asked for no explanation about the jerseys, nor was he for one about the shawls and aprons found afterwards, the only thing he was asked to explain about was the bags—his wife is as active as he is in the business—the bags were openly displayed on the stall—I only knew him have one stall, which was immediately opposite the public-house on this morning, and the public-house is at No. 82 and they live at No. 88—I know the prisoner as a job buyer—the place where they live is a general dealer's—the wife was charged at the police-court and discharged.
ROBERT SAGE (Police Sergeant). I have heard Wise's evidence; it is correct—I assisted him in searching the prisoner's lodgings, where I found these two bags in a wicker basket on the landing—that was all I found—the prisoner said "There are two of them, you won't find any more"—I took him into custody, and charged him at the police-station—he said when the charge was being taken "I bought 10 of a man in Hoxton Street, and gave 4l. for them."
MARY CLARK . I am a widow, and a licensed victualler, of 82, Hoxton Street—I bought the four bags of the prisoner's wife for 24s.—I have known the prisoner and his wife for nearly six years, keeping a stall opposite my house—I have bought a few articles of them at various times.
The prisoner received a good character.
NOT GUILTY .
MR. SCALES, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. SCALES Prosecuted.
CHARLES COLE . I am a clerk, of 6, Stanisley Road, Poplar—at 12.40 on 31st January I was walking with a friend in High Street, Poplar—three men were standing on the opposite side of the road—they crossed the road; the prisoner came in front of me, and struck me in the mouth with his list and knocked me to the ground; it rammed a pipe I had in my mouth down my throat, hurt my throat, and damaged and loosened my teeth—while on the ground I was kicked by the other two men, and my hat and umbrella were stolen from me—it was a very violent assault—after they had kicked me a constable came along; he saw King kick me, and they ran away—he followed King into a house, and struggled with him, and brought him to the station, where I identified him.
ALFRED EARL (Policeman K 580). On the morning of 31st January, at 1 o'clock, I was in High Street, Poplar, and heard cries of "Police!" and "Murder!"—I went towards the place, and saw four men struggling, one down and three up—one said "Look out, here comes a copper"—as I ran up two ran and one turned and kicked the man still down, and ran off—I chased them; they ran into a house in Sophia Street, and shut the door—after knocking I burst it open, and went through the house into the garden, where I saw King getting over the wall—I took King to the station after a severe struggle, where the prosecutor identified him—I
went to the scene of the robbery, but could not find any of the prosecutor's property except his pipe.
The COURT told the Jury that as there was hardly any evidence against De Courcey they should acquit him.
DE COURCEY— NOT GUILTY . KING— Eighteen Months' Hard Labour.
PLEADED GUILTY .
MR. SCALES Prosecuted.
FREDERICK ALEXANDER COLPIN . I am a provision merchant, and my shop and dwelling-house is 31, Cromer Street—about 1.35 a.m. on 31st January I was awoke by hearing a noise overhead—I put on my trousers and went towards the shop door and opened it—just outside I met Duggan—I said, "What are you doing?"—he said, "Springfield has gone down the street"—I went to the street door and found it was open, and went upstairs towards the children's bedroom—they were asleep—I found the drawers were open and empty—my best clothes and everyday clothes were gone, and two summer Hats—I had gone to bed about a quarter past 12—I shut the premises up myself, they were secure—neither of the prisoners lived in the house—these boots, stays, and black frock belong to me—I have not got back a bodice which belongs to me—I found the red dress and black jacket in the passage.
JAMES DUGGIN . I live at 40, Winfield Road—at 1.35 a.m. I was going for a little beer, and saw the prisoners come out of the prosecutor's private door—I was outside there too—Springfield, who followed Shean out, held up his hand to me and beckoned me not to say anything—he had a bundle under his arm—they went towards the Gray's Inn Road—the prosecutor came out after that, and I told him what I had seen.
JOSEPH KENNA (Detective E). About 7.30 on 15th February, from information received, I went to the Caledonian Road, where I saw Springfield—I said to him, "I am a police officer, and am going to take you into custody for breaking and entering 31, Cromer Street, and stealing wearing apparel"—he said, "I know nothing about it, I was not there at the time"—I took him to Arbour Street Station, where Duggan was, and he pointed at him and said, "That is one of the men I saw coming out of 31, Cromer Street, and he was carrying a parcel"—Springfield said, "Another man gave me the parcel and asked me to carry it for him; he said his name was Shean, and he lives in White Road in a house at the back of King's College Hospital"—I went there, saw Shean, and told him I should arrest him for being concerned with another man in breaking and entering 31, Cromer Street—I saw the property in the house; this is it—Shean said, "Well, Springfield brought it down here; do you know this Springfield?"—I said, "Yes, he is in custody"—he said, "Oh, I see now how you found out where I was living; I will tell you all about it; about 2 o'clock this morning I was in company with Springfield in Cromer Street, and he asked me to come with him to this place and do the job; I went with him, and
took the things away and brought them down to my house, and promised to meet him to-night at my house; I was drunk at the time or I should not have done so"—I searched the house with Lockyer and found this property.
SHEAN in his defence asserted his innocence. GUILTY .— Twelve Months' Hard Labour.
SPRINGFIELD then PLEADED GUILTY to a previous conviction of felony in March, 1884.— Eighteen Months' Hard Labour.
MR. SCALES Prosecuted; MR. BURNIE Defended.
JOHN BREEDY (City Policeman 194). From information received I went to Mr. Walters's shop, pawnbroker, 104, Aldersgate Street, on 27th January, where I saw the prisoner with this ring in his possession—I said it had been either lost or stolen, and asked him if he could account for having it—he said he bought it of a dealer outside Johnson and Co.'s—I said, "Can you give me the name and address of the party you bought it of or anybody who saw you buy it?"—he said, "No, I cannot, I only know them by sight, and I don't know where they live"—I took him to the station and charged him.
ABIGAIL HANDS . I live at 18, Mornington Crescent, Maida Vale—on the morning of 11th January I left home about a quarter past 4 and proceeded towards Charing Cross in my brougham—I had then this bag with me, in which was a purse containing two rings, (this produced is one), a bank-note, and two sovereigns—the other ring was a marquise diamond—when I arrived opposite Nichol's, the tailor's, in Regent Street an accident happened, and I had to get out of my brougham—there was a crowd round—I had not opened my bag between the times of leaving home and of getting out of the brougham—I had the bag in my hand when I got out—I got into a cab, and then directly noticed the bag was wide open, and I missed my purse containing the 5l. and two rings—I have not seen it since—this (produced) is one of the rings.
CHARLES STEVENS . I manage Mr. Walters's pawnbroker's business, Aldersgate Street—about 20 minutes to 4 on 27th January the prisoner brought this ring to me and asked 10l. on it—I asked him if it was his own—he said "Yes"—I asked him where he got it—he said he had bought it at Messrs. Johnson and Dymond's, Gracechurch Street, auctioneers—I asked him if he knew the pawnbroker who sent it to Messrs. Johnson and Dymond—he said he did not; he said he was a dealer and that his name was Morley—I asked him where he lived—he said, "I can soon satisfy you," and he gave me a card—I asked him if he had any objection to leaving the ring and to my making inquiries—he said he had, if I kept the ring I should have to keep him, he would rather the police were sent for—I said he could be accommodated, and the police were sent for—I had said there was a ring of similar description in the police list, and in the same paragraph a ring of another description, and I asked him if he knew anything of that—he said he did not, he had no other ring offered him for sale, he knew nothing about any other—I sent for the police—I said to him, "Are you sure you bought this under the hammer at Johnson and Dymond's?"—he said, "To make it clear, I did not buy it under the hammer, I bought it
of a dealer, I bought it secondhand"—I asked him if he knew the name of the dealer—he said he did not, nor where he lived—I asked him if he could point out the man that sold it in the sale-room if necessary—he said certainly he could—when the police came I said I had great suspicion that the ring was that described in the list, and we must make inquiries, and I said to the prisoner, "Have you any objection to go to the inspector?"—he said, "No, I have no objection whatever"—the prisoner was given into custody—I handed the ring to the constable.
HENRY SCOTT (Police Sergeant C). I went to 91, Waterloo Street, Camberwell, which the prisoner gave as his address; he was not known there—he tendered to the pawnbroker's assistant a card Morley and Anderson, Shakspere public-house.
FREDERICK MORLEY . I am the proprietor of the Shakspere public-house, Waterloo Street, Camberwell Green—I had until a few days ago a partner named Anderson, we have just dissolved—this is my card—I have seen the prisoner at the Queen, Newington Butts, occasionally—he did not live at my house—I occasionally gave my card to different people when in the house—I suppose that is how the prisoner got it.
GUILTY . He then PLEADED GUILTY ** to a previous conviction of felony in July, 1869.— Five Years' Penal Servitude.
334. CHARLES JONES (25) PLEADED GUILTY ** to stealing 23 1/2 yards of network, the goods of the London, Chatham, and Dover Railway Company, having been previously convicted of felony in July 1884.— Five Years' Penal Servitude. And
OLD COURT.—Wednesday, March 4th, 1885.
Before Mr. Justice Day.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. FULTON
and FOOKS Defended.
GUILTY of concealing the birth. Strongly recommended to mercy on account of her long previous good character. — Two Years' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. CAGNEY
MARY ANN POTTER . I am the wife of John Potter, of 76, Halton Road, Islington—the prisoner and his wife lodged with us five months—on 6th January, about 2 o'clock in the afternoon, the prisoner came downstairs and got some coals—he came into my room and talked for some time in a friendly manner—he said his wife was lying on the couch, poorly—he asked if I would give him a cup of tea, I said "Yes"—he then went upstairs and brought down a few nuts—he asked how long I should be, I said not long—he then went out on the stairs—I looked up and he was standing against the window—I received a blow from him on
the side of the head—the first three blows felled me to the ground; I was covered with blood—I could not say how many blows I had—I screamed out and ran into the Jobby—he said "I will murder you"—I felt a gash in the cheek—I ran into the garden and got on the dustbin; he pulled me down; I got on the wall, he held me by my clothes and stabbed me—I had had no words with him—the night before I had been with his wife and Mr. Blanch to the Agricultural Hall, and when we came from there we went to a house; we did not remain there a minute—I was told to come out, the other two came out directly.
Cross-examined. I did not shut Blanch and the prisoner's wife in a room together—the prisoner's wife did not object to entering the house—she had been long wanting me to go into one; she caught hold of me to pull me in, to go in with her, I suppose to keep her company—I had known Mr. Blanch over five years—Mrs. Dowd had not met him before that day—we missed her at the Agricultural Hall, and met her again at the corner of Theberton Street—I was going into the City—the prisoner and my husband were friends, and so were Mrs. Dowd and I—I have been out with her several times—the prisoner said he was pleased at our going out together to enjoy ourselves—Mrs. Dowd went first to the Agricultural Hall, and then I and Mr. Blanch—he is a cab proprietor at Lee—the prisoner was standing in the Hall as we went in, he saw his wife—there were not a great many people there—Mrs. Dowd lost us there—I told the prisoner that Mr. Blanch and I were going to my husband in the City—we got into a tramcar for that purpose, the prisoner got on the top—Mr. Blanch said he did not like the prisoner following us, and we got out, and the prisoner got off, and I went to the City, and then to my brother's—the next day the prisoner was talking to me very friendly quite an hour and a quarter before he struck me—he did not refer to anything that had happened the previous evening—he did not ask me if I and Blanch had met his wife again after leaving the Hall, nor did I say "No"—he had never been in the habit of coming down and taking up his coals; his coals are kept in the back kitchen—he did not say that the coals were too large, and he would have to break them—I did not see him come down with anything in his hand, I was very busy—he went up and spoke to his wife; when he came down again he did not refer to the events of the night before—he did not say "Mrs. Dowd tells me you did meet her again"—I did not reply "Did she; well, there was no harm done"—there was no harm done to my knowledge—they were not in the house a minute, they followed me out—the prisoner did not say "How do I know no harm was done after the lies you have told?"—I swear no such conversation took place—I do not know who proposed going to the house—Blanch had not been to the house before to my knowledge; I can't say whether Mrs. Dowd had, I did not suppose she had—I can't say whether she named the house—I don't know who did—we walked in without knocking or ringing—I knew there were bad houses up there—I don't know what sort of a house this particular house was—I did not know who lived there—I had lived in that street about seven years ago—when Mrs. Dowd came out of the house she asked me if I was going home, and I said no, I was going to the City; she and Blanch were quarrelling together—I did not ask her how much money he had offered her—when she told me she had refused it I did not call
her a b—fool—they were having words about money matters—I never saw a soldering iron in the prisoner's possession.
HERBERT POOLE . I am traveller to a silversmith, and live at 19, Connaught Road, Finsbury Park—on the afternoon of 6th January I was employed next door to Mr. Potter—I heard cries of "Oh, oh," and "Murder" at the back—I went into the back garden and saw Mrs. Potter in the act of falling over the wall; she rolled on to a fowl-house and then on to the ground—she got up and walked a little way and then fell—I saw that her head was cut in several places and her face over blood—people came and helped her—I went to the front of the house and in about 10 minutes I saw the prisoner come out of No. 76—I laid hold of him and said he would have to come with me—when opposite 74 he said "How is she?"—I said "Never mind about that, come along with me"—I took him to the station—he was quite sober—on the way he wanted some brandy; I gave him some ale—I said "You have got yourself into a nice mess"—he said "It is all through my wife."
Cross-examined. He seemed very excited—I had never seen him before.
FREDERICK MILWARD (Policeman). I was called to 74, Halton Road and found the prosecutrix in a back room, second floor, bleeding very much from the head and other wounds—I sent for Dr. Greenwood—I went to the station and found the prisoner detained there—he was formally charged with wounding Mary Ann Potter; he made no reply—I went back to No. 76—I found a little blood in the kitchen, and traced a quantity of blood into the back garden and over the wall—I picked up this soldering-iron in the kitchen; there was blood upon it.
JAMES GREENWOOD . I am an M.D. and surgeon—on Tuesday afternoon, 6th January, I was sent for to 74, Halton Road, and there found Mrs. Potter lying on a sofa—she was suffering from a series of wounds, 12 altogether, on the head, shoulder, neck, and ear, mostly down to the bone—they might have been inflicted with this soldering-iron—her life was in danger for about a fortnight—I attended her till she got well; she has quite recovered; every one of the wounds has healed up.
Cross-examined. It is possible that a man who has suffered from fever and sunstroke would, under extreme provocation, be in a state or frenzy, more so than an ordinary person.
The Prisoner's Statement before the Magistrate. "I attacked the woman in a fit of ungovernable fury on discovering that she had been telling me lies and trying to seduce my wife."
The prisoner received an excellent character. He had been in the Army for more than 30 years, had served in the Crimea and India with distinction, and had been promoted to the office of barrack sergeant, and received three medals.
GUILTY of unlawfully wounding. Strongly recommended to mercy on account of the very great provocation and his long previous good character. — To enter into his own recognisance in 50l. to appear and receive judgment if called upon.
NEW COURT.—Wednesday, March 4th, 1885.
Before Mr. Recorder.
MR. CRANSTOUN Prosecuted.
LEACHAM THOMAS . I live at Beaconsfield Road, Hermitage Road, Canning Town—on 10th February, at a quarter past 12, I was walking along the East India Dock Road, when four or five men, of whom the prisoners are two, came up to me—Martin put his arm round my neck and threw me on my back, and Madegan put his hand over my mouth and knelt on it—Martin, while I was lying on the ground, put his hand into my left-hand trousers pocket—they then all ran off—my pocket was turned inside out; I had had 12s. 6d. in my pocket, and had felt it safe there about five minutes previously—I called out "Police" and "Murder" and pursued them—they then all four came back and attacked me a second time—Martin knocked me down and Madegan, as before, put his hand over my mouth and knelt on it, and Martin took a silver tobacco-box, a bunch of keys and a knife, out of my left-hand trousers pocket—two detectives then came up and took the two prisoners into custody; the other men escaped.
Cross-examined by Martin. I did not take hold of your collar when you saw me lying on the ground and came to me.
THOMAS NEWALL . I live at 39, Shepherd Street, Canning Town, and am a labourer—on 10th February I was in the East India Dock Road, between a quarter and half-past 12 a.m., and saw the prosecutor getting up off the road—I came along very quick and the prosecutor walked on the one side of the road and there were five chaps standing on the other side; the prisoners are two of them—Madegan said to Martin "Go over and hit him another clout"—Martin went over and threw the prosecutor to the ground, and Madegan put his hand over the prosecutor's mouth and his knee on it—Martin put his hand in the prosecutor's pockets and took some money out—I saw the money and heard it jink on to the ground—Madegan said to Martin "Put it in your pocket, here comes some one"—I said "If you don't let the man have fair play I will call upon a policeman"—one of the other three got up and made a kick at me—they got up and ran off—the prosecutor shouted "Murder," and then two detectives came up and took the men into custody.
Cross-examined by Madegan. I came to Arbour Square that night and gave the evidence I have given now—I picked the prosecutor's hat out of the road—I did not know to whom it belonged, and I followed the two officers to the station, when the prosecutor said "That is my hat."
Cross-examined by Martin. Thomas had your hat on.
MAUD MOLLETT . I am a married woman, of 10, Well Street, Canning Town—on 10th February, about 11.45, I was in the East India Road, near the Poplar Hospital, and saw the prosecutor on the other side of the road—I went to a coffee stall, and while there saw the prosecutor lighting his pipe or counting his money; I won't be certain which, opposite the lamp; when I left the coffee stall and went on and got up to him he was on the ground on the opposite side to me, and I saw five men on the top of him—I saw the last witness there, and said to him "What are they doing?"—we were close to the men—he said "I don't know"—I saw Madegan on the top of the prosecutor's head, and Martin on the lower part of his body—the prosecutor called out "Murder!" and "Police!"—he got up—the prisoners went a little way off; they afterwards came back, and
Madegan did the same as before, and Martin was there on the other side—then the detectives came up.
WALTER BREED (Police Sergeant K). On 10th February, shortly after 12 o'clock at night, I was in the East India Road, off duty, in company with Sergeant Duncan—I heard cries of "Murder!" and went up and saw the prosecutor lying on the ground, and Martin lying on the ground by the side of him; they were struggling, and Madegan was running away—I ran after him some distance, caught him, and said "What have you done to that man? I am a police officer, you will have to come back"—he said "Let me go, I have not got anything"—I pulled him towards where the prosecutor had been lying; he struggled to get away, and got his legs between mine several times—I repeatedly told him I was a police officer, and that he would have to come back—Duck was struggling a few yards off with Martin; he blew his whistle—Madegan caught hold of me by the shirt collar, and forced his finger round my throat and almost choked me, but the mounted sergeant came up on hearing Duck's whistle, and held Madegan; he was very violent—at the station I searched him, and in his pocket found a knife with the blade open, and some fireman's discharges, and one shilling in silver and one penny in bronze.
Cross-examined by Madegan. You afterwards walked quietly to the station—you were not standing on the road when I came up and asked what was the matter, you were running away.
HUBERT DUCK (Police Sergeant K). On this night I was with Breed, and heard cries of "Murder!" and "Police!"—we went up and found the prosecutor on the ground, and saw Martin running away—I caught him; he said "I don't know anything about his purse, governor"—I had said nothing to him about a purse—I said "I am a police officer, I shall take you back and see what is the matter"—whilst taking him back he placed one of his feet between my legs and threw me on my back—I struggled with him for some time, both on the ground, he struggling to get away and kicking me—eventually I got on his chest, and held him by his scarf and blew my whistle; assistance came and he was taken to the station, where I searched him and found 4d. in his trousers pocket, and 2 1/2 d. up his sleeve—he said nothing then.
Martin, in his defence, stated that he was going home when the detective came and knelt on his chest.
Madegan stated that the discharges found on him would prove whether he got an honest living or not.
GUILTY .—MARTIN.**— Eighteen Months' Hard Labour each.
MR. A. METCALFE Prosecuted.
ARTHUR HENRY LYON . I keep the Worcester Arms, Marylebone—on 9th February at 7 o'clock the prisoner came into my bar and handed me this cheque, and asked for change for Mr. Clark, of 40, Paddington Street—I asked him if Mr. Clark gave it him—he said "Yes"—I asked him if Mr. Clark told him to come to me—he said Mr. Clark told him to get change where he could—I said I would go round with him to 40, Paddington Street, and opened the door, when he ran away, leaving the cheque with me—I ran after him, caught him, and gave him into custody—after he was caught he said "Let me go, I found the cheque"
—I asked him why he ran away—he said "Because I was afraid you were going to lock me up"—he was taken to the station—I had never seen Mr. Clark previous to this case.
JAMES CLARK . I live at 40, Paddington Street, and am a dairyman—I know nothing about this cheque whatever; it is not my endorsement nor my initial—I might have seen the prisoner, living so close, but not to my knowledge—he does not work for me at all.
GEORGE NICHOLS HILL . I am cashier at the Marylebone branch of the London and Westminster Bank—I don't know any customer of the name of Didgood, in which this cheque is drawn—this cheque-form was issued to B. L. Wilson on 24th July—he has died; I don✗'t know when, about two months ago, I think—he was dead before 9th February.
ROBERT BARNES (Policeman D 75). I was called on 9th February to take the prisoner into custody—Mr. Lyon gave him into custody—the prisoner said at first he found the cheque, then that Mr. Clark had sent him to change it, and that if he had got it changed he should have enjoyed himself with the money.
The prisoner stated that he knew he was guilty of uttering the cheque, but that he did not know it was forged.
NOT GUILTY .
340. CHARLES PAULET DE CARBERET DUMARESQUE (24) PLEADED GUILTY to forging and uttering the endorsements to the acceptances to three bills of exchange, and to obtaining money by false pretences, with intent to defraud; also to a previous conviction of felony in August, 1879.— Eighteen Months' Hard Labour.
341. HENRY BIDWELL DUNN to writing and publishing a false and defamatory libel of and concerning Joseph Liggins.— To enter into recognisances in 50l. to keep the peace and to come up for judgment when called on. [Pleaded guilty: see original trial image.] And
343. CALEB TITCOMB (41) and PERCY PENFOLD, Unlawfully making and using a false and fraudulent balance-sheet, with intent to deceive William Birch and others. Other Counts alleging intent to defraud William Birch and others, and to induce persons to become shareholders.
MR. BESLEY, on behalf of the Prosecution, offered no evidence against the prisoners.
NOT GUILTY .
344. JOHN CHALCRAFT (38) and WILLIAM THOMAS BARRETT (34) , Unlawfully obtaining 75,000 bricks by false pretences, with intent to defraud. Second Count, conspiring to defraud Henry Ray and others of their goods.
MR. R. T. WRIGHT Prosecuted; MESSRS. WHITE and O'CONNOR appeared
for Chalcraft, and MESSES. BESLEY and BURNIE for Barrett.
The Jury being unable to agree, were discharged without giving any verdict, and the case was postponed to the next Session.
THIRD COURT.—Wednesday, March 4th, 1885.
Before Mr. Common Serjeant.
345. WILLIAM JEFFRIES MULCAHY (39) PLEADED GUILTY to forging and uttering a cheque for 14l. 13s. 4d., with intent to defraud; also to stealing the said cheque, and to a conviction of felony at Cork in March, 1875.— Five Years' Penal Servitude. And
346. THOMAS JONES and CHARLES HUGGER to burglariously breaking and entering the dwelling-house of Mary Ann Perrin and stealing her goods, and other goods of Martha Jones; also to attempting to break and enter the dwelling-house of Sampson Lucas Sauville, with intent to commit a felony.— Twelve Months' Hard Labour each. [Pleaded guilty: see original trial image.]
MESSRS. LLOYD and WILKINSON Prosecuted; MR. MUIR defended
GEORGE BLOTT . I am barman at the Prince Arthur, Bromley—about 10th February Wiggins and Godsell came in about 9 p.m.—Wiggins asked me for a half-pint of fourpenny-ale, and Godsell asked the governor for the same—Wiggins gave me a bad shilling—I asked him where he got it—he said he got it for putting up a pump in Dee Street—I bent it, gave it back to him, and he paid me with a penny—Godsell went out first and Wiggins joined him outside.
Cross-examined by Godsell. You are there every day; you play a kind of fiddle made like a broom.
ROBERT SPINKS (Cross-examined by MR. MUIR ). I was about 15 yards from McDonald when my father went to the door—McDonald and Godsell were on one side of the road and Sallows on the other—it was not a dark night; and there was a lamp within three or four yards and a beershop light on the same side 10 or 12 yards off—the road is 10 or 11 yards broad—I had seen McDonald in the neighbourhood and recognised him by that light.
Cross-examined by Sallows. I put the coin in the till, I did not say "I have no small silver," and give you the change.
Cross-examined by Wiggins. I saw you with McDonald that night.
The Prisoners' Statements before the Magistrate. Sallows says: "I had the
half-crown given me by a seafaring man, he told me to get the steak, I did not know it was bad." Godsell says: "I get an honest living." Wiggins says: "I was not with these prisoners on Sunday night." McDonald says: "I was not with Wiggins."
Witness for Wiggins's Defence.
EMMA MOET . I am a charwoman, my husband is dead—I brought Wiggins up, he is 19 years old—his father died and left him very young, and his mother married again—on Tuesday fortnight he was at home and in bed, at 19, Dennett Street, at 8.30 or 8.45—I live there, and Mrs. Keeley lodges in the back room—I came in just as Wiggins was in the act of getting into bed, and I left him in bed at 8.30 on Wednesday morning—he was arrested that day—he has been very ill and in the hospital two months—he is a caulker's boy, I can give him a good character.
Cross-examined by MR. LLOYD. It is a six-roomed house—he sleeps in the room with me and slept on the sofa, as I have had to sell my sofa and things and make him a bed on chairs—it is the front parlour—I left him in bed—my landlady is not here, she was confined last night—I did not look at my clock, but the baker's clock was 8.45—I asked him if it was right and he said "Yes."
SALLOWS— GUILTY on the First, Second, and Third Counts. Recommended to mercy by the Jury .— Respited. GODSELL— GUILTY on the Fifth Sixth, and Seventh Counts— Two Years' Hard Labour. WIGGINS— GUILTY on the First, Second, Third, Fourth, and Seventh Counts.—Recommended to mercy by the Jury — Twelve Months' Hard Labour. MCDONALD— GUILTY ** on the first five Counts. — Seven Years' Penal Servitude.
OLD COURT.—Thursday, March 5th, 1885.
Before Mr. Justice Day.
MR. RIBTON Prosecuted.
CHARLOTTE TURNER . I manage a restaurant as 3, Shoe Lane—on 11th February, about 11 o'clock at night, the prisoner came in—as she opened the door she said "I intend to take your life"—she threw a bottle at me, it missed me and caught the wall—she then picked up a pepper box off the counter and threw at me—that missed me—a lady and gentleman were there, they ran out—a man (Mayne) was there, and I believe I should have lost my life if had not been for him, he held her till a constable came—I dodged my head when she threw the bottle and it struck the wall and made a dent in the wall—there was a great deal of smoke from it and a very bad smell—I had not known the prisoner before, not until she came to the place five times—I don't know whether she was acquainted with my husband before our marriage, he did not tell me so before I married him—there was a great deal of confusion; I was in a great fright, it nearly made me insensible—she tried to get at me again after throwing the bottle; she tried to lift up the flap in the counter and said "I intend to have your life"—I had on a Pompadour dress with large flowers in it, the constable has it—I went to the station that night and charged the prisoner—I did not know then what the contents
of the bottle were, I told the inspector so, but I said there was a very bad smell in the place.
By the COURT. The prisoner asked me several questions at the police-court, what she said there was not true.
Cross-examined by the Prisoner. I did not call you a dirty whore—you did not take up a vinegar bottle off the counter and throw at me—there were several bottles on the counter—I never walked the streets.
JOHN MARTIN (City Policeman 444). On 11th February, about a quarter to 12, I was called to this restaurant—I found the prisoner outside; she was drunk, and was creating a disturbance; there was a crowd of people about her—the prosecutrix gave her into custody for being drunk and annoying her in her business—nothing was mentioned at the station about a bottle, or about corrosive fluid—the prosecutrix was wearing this dress at the station—I produce a portion of it; it has been examined by a chemist—I did not go into the house that night, I went next day, and Mayne pointed out to me a portion of a bottle behind the counter—the prisoner was drunk and excited; she used bad language—she said at the station that she would pay her.
FREDERICK MAYNE . I was at the restaurant the night this happened—the prosecutrix was sitting behind the counter—the prisoner opened the door quietly; she had a bottle in her hand—she said "Take that, you f—cow, I will have your life," and she threw the bottle at her—she was so upset she fainted in my arms—her husband was upstairs, ill with bronchitis—I found the bottle next morning, when I was sweeping out the shop—I gave it to the constable about 10 o'clock when he came—while Mr. Turner was ill I assisted, and swept out the shop.
By the COURT. I don't think anybody had been in the shop after the bottle was thrown—I ran and fetched the constable—the prisoner tried to lift up the flap of the counter to come round to the prosecutrix; there would have been murder but for me—she took up the pepper-box to throw at her.
The Prisoner. Is it not a brothel? Witness. I know nothing about what it is, I am only employed to fetch their fish—I believe I have been convicted at this Court for felony on 13th September, 1879. The Prisoner. Turner and you were convicted of housebreaking and did two years'. They keep this acid in the house to try whether things are brass or gold. Turner has lately done three months' for keeping a brothel, and you are there to help rob the gentlemen. Witness. It is false—you picked up the pepper-box and used most disgusting language, even the printers outside blushed with shame to hear you—Mrs. Turner did not strike you at all; she could not, she was behind the counter—I did not say I would make it too hot for you and have you locked up—you said at the station that you meant to do this before—I have not done six months' lately.
EDWARD MATTHEWS . I am managing assistant at Apothecaries' Hall—on Thursday afternoon, 12th February, this part of a woman's dress was brought to me—the bosom of the jacket was very wet with some fluid which had soaked through the dress and lining—I submitted it to two tests, which unmistakably proved that it was hydrochloric acid—I also washed out the broken pieces of glass and the bottom of the bottle, there was only about five drops, but quite sufficient to enable me to apply a test, and I am certain it was hydrochloric acid; the popular name of it is spirits of salt—it is a very corrosive fluid; if thrown in the
face it would injure the eyes, and possibly render a person blind—it is certainly calculated to do serious injury; if it had gone inside the dress it might have excoriated the bosom—some pieces of paper were brought to me which had been taken off the wall, and also a piece of rag which the policeman said he had used to wipe up the fluid—on testing that paper and rag I could not find the slightest trace of hydrochloric acid; the rag was apparently wet with vinegar.
Prisoner. I threw the vinegar bottle when she called me a dirty whore; that was all I threw. Witness. I would not say positively that it was vinegar on the rag and paper, but from the smell and general appearance I believed that it was; it certainly was not hydrochloric acid.
JOHN MARTIN (Re-examined). This is a portion of the bottle that Mayne pointed out to me; I gave it to Mr. Matthews in the same state—I cut this portion of paper off the wall where the prosecutrix said the bottle struck, and gave it to Mr. Matthews to examine—I also gave him this piece of rag with which I wiped up some wet under the window-sill.
The Prisoner's Statement before the Magistrate. "I wish to say that I lived with the man Turner for eight years, and had two children by him. I had to walk the streets to support him. He got two years' imprisonment for housebreaking, which expired three years ago. I have not seen him since from that time till the night I went to his house, having been told he was living with a woman who was on the streets and whom I have known for years. I went to ask him for some money, having just buried one of his children, nine years old. I own I was the worse for drink. I saw that woman there; the pepper-box and vinegar bottle were on the counter. She called me a dirty whore. I took up the vinegar bottle and threw it at her. I declare I had not taken anything to the house, and threw nothing but what was on the counter. I know for a fact that the prosecutrix has been in prison 18 months for robbery, and she has had three months' imprisonment for keeping a disorderly house."
Prisoner's Defence. She did not bring that dress next morning to the Magistrate. The constable allowed her to go home by herself. It is her own treachery, she has done this to spite me; both her and Turner have said they would take the first chance to put me under lock and key, because I said I would show him up.
NOT GUILTY .
The evidence in the last case was repeated, and the prisoner stated that she had thrown the vinegar bottle at the prosecutriz.
GUILTY under great provocation. — One Month's Imprisonment.
MESSRS. POLAND and WARBURTON Prosecuted; MESSES. KEITH FRITH and✗
CHRISTOPHER STALWORTHY . I am a cornchandler, of 81, High Street, Marylebone—on the night of 9th February, about 8.15, I was walking up Grosvenor Place from the direction of Victoria Station, on the right-hand side; just opposite Halkin Street I saw a pony and cart coming from the direction of Piccadilly, towards Victoria—there were two persons in it; it was going at the pace of nine miles an hour at least—there is a refuge there, where the deceased constable was on duty; he stepped
out from the refuge and put up his hand as a signal for the driver to stop—the driver whipped his pony and came on at the same pace—the constable ran in the front of the horse and caught hold of it with both hands—as the pace at which the pony was going was too great, it knocked him down and went over him, and then the near wheel of the cart went over him—the prisoner pulled up within a short distance, about 10 or 12 yards, perhaps—the constable was lying in the road—I picked him up; he was bleeding from the nostrils—people came to his assistance and he was taken to St. George's Hospital—I saw a constable coming towards us; I shouted to him to look after the horse and cart, and I would look after the man—I looked up half a minute afterwards and the cart was gone—I am certain the man in the cart whipped the pony more than once after the constable held up his hand.
Cross-examined. I am accustomed to driving, I have driven an entire horse more than once—I don't know that this pony was an entire one—the roadway was quite clear when the constable rushed out from the refuge, there was plenty of light, there was no one in immediate danger—it is a wooden pavement and an incline, I can't say whether there was any sand on it—I don't know that whipping a horse will stop it—the man never attempted to whip the horse after the constable got hold of him.
JAMES WILCOCKS . I am hall porter at Sir Richard Wallace's, and live at the lodge in Manchester Square—I was walking with the last witness and saw a pony and cart coming down Grosvenor Place, I couldn't say at what pace it was going; I am not in the habit of driving horses, but I should say seven or eight miles an hour—I saw the constable go to catch the pony; I didn't see him hold up one hand, I saw him hold up both hands—I saw from the weight he had got to stand against it was too much for him; he was knocked down, and the wheel went over his body—I went to his assistance—I saw the prisoner come back by the side of the cart—I saw him raise the whip to strike the pony after he had seen the constable lying in the road—he afterwards came back by the side of the cart, and I saw him look at the constable when he was on the ground, he was apparently very much frightened—he jumped on the cart again and drove away—it was pretty light at the time—I believe the prisoner was perfectly sober.
Cross-examined. I believe the constable went with his two hands to catch the bridle—the prisoner seemed very sorry.
STEPHEN BRAHAM . I am a conductor in the service of the London General Omnibus Company—on the night of 9th February I was on my bus near Grosvenor Place going towards Piccadilly near Halkin Street—I saw the prisoner with another man in a cart coming towards Victoria at about eight or nine miles an hour—I saw the constable come out from the refuge and put up his hand to stop—the prisoner did not pull up, so the constable caught hold of the pony's head—he was knocked down, I think the shaft must have caught him—the prisoner pulled up in about five or six yards and afterwards got into his cart and drove away as fast as he could—I got off my bus and went to the constable's assistance.
Cross-examined. From the refuge to the place where the constable tried to catch hold of the pony would be something like five or six yards.
Re-examined. The prisoner was on the wrong side of the refuge, the off side, he ought to have been on the near side.
WALTER PREZEMAN (Policeman). I know Albert Thompson, he was a police constable in uniform, his duty was to attend at the refuge to regulate traffic and look after the foot passengers—shortly after 8.15 on this evening I saw him lying in the road and some gentlemen attending to him—his feet were about three yards from the refuge and his head towards Grosvenor Place—I saw the prisoner and a lad in a pony and barrow laden with wood—when I got up it was stopping there and the prisoner was standing by the side—he saw me coming towards him—the lad jumped off the barrow and ran down Halkin Street, and the prisoner remounted the barrow and commenced whipping the pony and went off at a fast trot—I shouted after him to stop—he took no notice—I ran after him—he continuously whipped the pony and galloped away—finding that I couldn't keep up with him I got into a hansom and went after him nearly half a mile, shouting several times—he took no notice, he turned his head round and saw me following—at last I overtook him and stopped him and took him in custody—I asked him why he didn't stop when he had knocked the constable down—he said he did stop, but he was so frightened that he afterwards ran away—he was sober.
WILLIAM WALSH (Police Inspector). On the night of 9th February I saw the prisoner at the hospital where Thompson had been taken—I asked how he could account for having knocked the constable down and injuring him—he said "I couldn't help it, the pony was running away with me"—I said it didn't appear so, as he pulled up directly afterwards and then got on his cart again when he saw what he had done and drove rapidly away—he said "I did that, sir, because I was frightened at what I had done"—he was sober.
EDWARD CHARLES COATES . I am house-surgeon at St. George's Hospital—Thompson was brought there suffering from concussion of the brain and a small scalp wound—he was unconscious, and remained so till 11th February, about 6.30 in the morning, when he died—I made a postmortem examination—the skull was not fractured, but he had concussion and compression of the brain; the violence of the concussion lacerated the brain, causing effusion, of which he died.
Witnesses for the Defence.
GEORGE PRICE . I am a costermonger, and live in Howe Street, High Street, Deptford—on this night I was with the prisoner on his barrow—he was driving—as we came by Grosvenor Place; about 8.20, the policeman came to get hold of the bridle of the pony, but instead of the bridle he got hold of the collar—the wooden road was slippery—the prisoner couldn't pull the pony up; he tried to do so and he slipped—the pony kept moving his head about—he is a biter, but whether he tried to bite on this occasion I don't know—I have known him bite when anybody got near his head—I have known it a long time—it is an entire pony and a very spiteful one, very difficult to drive—the prisoner had no control over it at all—he did his best to prevent any accident—he couldn't stop—I got down as quickly as I could.
Cross-examined. We had come from High Street, Kensington, and were going towards Deptford—I was on the hind part of the barrow facing the way the pony was going—this was the first time I was with the pony when the prisoner was driving—he wants very careful driving;
when he takes his head you can't stop him—I saw the policeman put up his hands as a signal to stop us—the prisoner had the whip in his hand, and he whipped the pony after we got on four or five yards—he never touched him as we were going towards the policeman—he wasn't trying to stop him by whipping him when we knocked the policeman down; we went on at the same pace as before—we were going down hill, and the road was slippery—we didn't increase the pace—we stopped about four yards after we had gone over him—I got out of the cart and got hold of the pony's head as well as I could.
Re-examined. The policeman was about two yards from the cart when he held his hand up—the pony couldn't have been stopped in that two yards—the prisoner did all he could to try and stop him—the accident gave me such a turn that I walked away—I didn't run.
SAMUEL HAWKES . I am a hawker, and live at Deptford—I know this pony; it is a very obstropolus one; you can't do nothing with him—I have been working him since this accident—when another pony passes him he runs away—he bit my thumb off and the top of my finger when he ran away with me—I couldn't stop him.
Cross-examined. He is not a very fast pony—you can't drive him over seven or eight miles an hour; but directly he sees another pony come by he starts off.
JOSEPH POULTON . I am a coster, and live in Stanhope Street, Deptford—I am the prisoner's brother—I own this pony—he is an entire pony—when anything comes by you can't stop him, unless you whip him two or three times—he is a hard worker, but vicious—he bites at times and buts with his head—he would knock you down if you don't get out of the way—I have driven him here this morning, and he is outside now—he is a very hard pony to control.
GUILTY.—Recommended to mercy. — Six Months' Hard Labour.
MESSRS. POLAND and WARBURTON Prosecuted; MESSRS. PURCELL and
LILLAN MCARDLE . I am fourteen years old, and am the daughter of Joseph and Isabella McArdle—I was living with them at 148, Brompton Road—we occupied the first and second floors—the prisoner lived there with his daughter—he had a furniture shop on the ground-floor—my mother used to paint miniatures for her living—on Monday afternoon, 26th January, between 1 and 2 o'clock, I was with my mother and the prisoner's daughter, Augusta, in the front room second-floor, having dinner—there were also three children there—we heard the prisoner coming upstairs talking, and the door was opened—I went and shut and locked it—we then heard him break open another door; the door of a third room; a bedroom—mamma went into the room; the prisoner's daughter went out of the front room—I then went into the back room and found ma and Mr. Smith there, and the children—I saw him strike ma three or four times in the chest with his fist—they seemed like hard blows—then pa came in from the door Mr. Smith had broken open—the prisoner then hit ma on the temple with his open hand—pa told him he would hit him if he did not go away—the prisoner went away and
shortly returned with a constable, who said he thought it was his own fault and he had better go away, and he went—after the policeman had gone my ma sat down and began to scream, and said she had a pain in her side, her elbow, and her jaw—my father got her downstairs to the next floor and sent for a doctor—she remained ill, and died on Wednesday night following—up to this time she had been in perfect health; she never complained of anything.
Cross-examined. We were in the front room having dinner—there is a door from the front room into the middle room, and a door out of the middle room into a back room, which is a bedroom—I was very much frightened when this happened—I was not before the Coroner the first day of the inquest—the prisoner's daughter had gone out of the front room when he tried the door—she is sixteen years old—she has been a good deal in our room—she was the only daughter living with him—his wife died some time ago, but his son's wife was there—I don't think the prisoner was annoyed at his daughter being away from him—my mother has had trouble and anxiety about my father—I remember her having to go out one midnight to avoid him—she worked to support the family—I have seen her once with a black eye—I saw my father and brother once fighting.
JOSEPH MCARDLE . I live at 148, Brompton Road, and am a mortgage broker—the prisoner was my landlord—he has a shop there, and I rent some rooms from him on the first and second floor—my wife is a miniature painter—the prisoner's daughter was learning from her—she lived with us for a short time before this—on 26th January, between 1 and 2 o'clock, I rang the bell; my little boy opened the door—the prisoner was there and said "You are the man I want"—I didn't answer—I walked in—he said "Come along with me"—we went upstairs together—I said "What have you been drinking?"—he said "I will tell you"—he got hold of the handle of the first door; it was locked, and he banged through the next door and broke it open and went into the back room—I stood at the door—I heard a row and went in, and saw him strike my wife on the temple with his open hand—I threatened to strike him—my wife said "Joe, don't touch him," and he walked away downstairs—he came back with a policeman, and said he wanted his daughter—she came out and said she wouldn't go with him—the constable said he had no right to enter my rooms, he was altogether in the wrong—he went away—my wife complained to me and began squealing—a doctor was sent for, and she died on the 28th—the prisoner came into our room about 6 o'clock on the 27th, and said "I can fight as well as you can; I want my daughter," and I struck him in the ear—my wife didn't carry any needles about her person to my knowledge.
Cross-examined. The prisoner's daughter had been a good deal in our rooms—he never complained of her being there—we had no quarrels about religion—he is a Protestant, I am a Catholic—he never complained that his daughter was taken to churches to which he didn't wish her to go—I was quite drunk before the Coroner—when a man loses all his faculties of mind I consider him drunk—my wife once ran out of the house at midnight to avoid my violence—I once had a fight with my son; that was not on the Saturday before my wife's death—my wife didn't altogether support me and my family—for the last three months I didn't
make much, but she couldn't paint without me—I do the copying, and I transferred the pictures on the porcelain, and she painted on them—my wife had splendid health up to this time—I wrote to different members of the Coroner's Jury; not in a disguised hand—I didn't sign my name—they were old friends of the prisoner's, and they wanted to tamper with the witnesses.
ALEXANDER FIFE . I am a Fellow of Royal College of Surgeons at Edinburgh—I practise at Brompton—on Monday, 26th January, about 3.15 in the afternoon, I went to see Mrs. McArdle; she was lying on an easy chair in a state of total collapse—I had her removed to the sofa, and she gradually recovered from the collapse—I saw her three times again that evening, and examined her—about an inch and a half above the left nipple there was a small depression, between the third and fourth ribs there was a very small lump about the size of a pea, below that was a puncture, and below that there was a slight fresh bruise—she remained very ill and died on Wednesday night—I made a post-mortem examination on Sunday—the cause of death was rupture of the heart; a violent blow by the fist on the chest would cause what I found—it was the result of direct violence—I found that a needle had been driven in between the third and fourth ribs—my partner also saw her several times, and he made the post-mortem—there was no disease of the heart; nothing but external violence was the cause.
Cross-examined. The needle had nothing to do with the rupture—rupture may occur from fatty degeneration—I have only had one case in my experience of rupture of heart from violence—it is a most unusual case; the violence must have been considerable to cause it.
WILLIAM COULTHART FALLS . I am a bachelor of medicine, and partner of the last witness—I saw Mrs. McArdle on Tuesday, the 27th; she was in an extreme state of collapse, almost pulseless, and almost immediately after I saw her she went into a convulsion, from which I scarcely thought she would recover—she did rally from that, but died the next night—I made the post-mortem—I found on the breast a lump of the size of a split pea, and also a bruise—the cause of death was rupture of the heart—a blow from the fist would cause that—there was no✗ disease—she was conscious almost up to the last.
Cross-examined. This was the first case of rupture of the heart that I have had—people have lived for a fortnight after the rupture, there is one case on record of that sort—the bruise I found was a very slight bruise—there was a bruise on the right temple.
JOHN EDWARDS (Policeman B 232). I apprehended the prisoner in the Brompton Road on 28th January on a warrant for assault—I read it to him—he said "I didn't hurt her; I wanted to get my daughter out of the room, and the woman struck me in the eye, and I put up my hand to push her on one side to get out my daughter; I felt very much annoyed at her keeping their company"—he repeated in substance the same thing on the way to the station—I told him the doctors gave little hope of the woman's recovery—he said "Then it isn't through me"—his right eye was slightly blackened, and his right ear bruised—he afterwards said she had struck him in the eye and her husband in the ear.
and I struck him in the face because he entered the room where my mother was lying; he was not sober.
Cross-examined. I have not had to protect my mother more than once—I was fighting with my father on my own account twice, I think, not in my mother's presence—I was before the Coroner; an open verdict was returned.
The prisoner received a good character.
GUILTY .— Twelve Months' Hard Labour.
MR. GEOGHEGAN Prosecuted; MESSRS. KEITH FRITH and BROUN Defended.
FRANCIS JAMES ROUSE . I am clerk in the Registry at Somerset House—I produce a document purporting to be the original will of Matilda Batt, dated 9th July, 1884—it was proved on 19th November, 1884; the attesting witnesses are David Goddard and Martha Sansom—it is partly written and partly printed—all the property under the will is left to Elizabeth Radford for her sole and absolute use.
Cross-examined. I also produce the affidavit of Martha Sansom.
WILLIAM WALMSLEY REYNOLDS . I am porter at the Newington Infirmary, and produce the infirmary books—I see that Mrs. Matilda Batt was admitted on 31st of last May—she gave her son's address, Charles Batt, 31, London Street, Caledonian Road, King's Cross, as the person to be communicated with—I have seen the two prisoners; they came to visit Mrs. Batt once—the original entry, 31, London Street, is erased, and another entry is under it, made by myself—that entry was made at the instigation of the two prisoners; they were together; they said the son Charles had left, and all communications were to be sent to Mr. Radford, 5, Union Court, Walworth Road—I can't say the date of those alterations, we don't put the dates to them, but it was some few weeks after Mrs. Batt was there, before she was put on the danger list—it is a parochial infirmary.
CHARLES JAMES BATT . I am now living at 37, Havelock Street, Copenhagen Street, King's Cross—my mother's name was Matilda Batt, and my brother's name is James Batt—the prisoner is my sister—I did not hear of my mother going into the infirmary—I first heard of her death four months after she died, that was about beginning of November—on hearing it I went to Union Court, Walworth Road, to find out my sister—she did live there, but she was not living there then—she was alone when I saw her—I asked her why she did not send to me about my mother being dead—she said "I did not know where you lived"—I said "You know 37, London Street, and where I worked"—I then asked her if my mother had left any papers or anything—she said "No, only a little bag, a few Christmas cards, and some old gloves"—after that I went away—about a week after that I called again and I then saw the male prisoner, and I asked him the same as I had asked my sister previous, and he said "No"—after that I got a letter from a solicitor and went to Somerset House and found there was a will in existence—I have seen my mother write—this will produced is the one I saw at Somerset House—the signature "Matilda Batt" is not in my mother's writing, nor
the writing in the body of it—I can't recognise it as any one else's; none of it is my mother's—on finding this out I instructed a solicitor.
Cross-examined (Looking at papers handed to him). This signature (No. 3) is something similar to my mother's writing; I believe the best part of it is the signature of my mother—to the best of my belief No. 4 is my mother's signature—most of these receipts coming from Mr. Letts are in my mother's writing—I went to Mr. Letts's office in the early part of December with Mr. and Mrs. Radford—we did not have any conversation about the will—I heard him give his evidence at Bow Street and I still say I had no conversation with him about the will—my sister has given me 10l. as a present—I never asked her for more; I should have taken it if it had been offered me—I did not take these proceedings because she refused to give me any more money—she never refused; I have not asked her for money, I will swear that—I and my mother were on good terms—I got three months in Coldbath Fields for taking two stones, which somebody took, and I did not have them—I never heard from my sister or brother-in-law whilst I was in Coldbath Fields—I remember on one occasion going to Mrs. Radford's and saying "I have got good news for you," and showing her a letter from Mr. Letts; that was on 8th November last year—I never went to the prisoner's house and said that I was the eldest son and I expected half of my mother's property—she did not say "If you were to have half why did not mother leave you half?"—I did not try to get another 10l. from my sister—my uncle said to me "She ought to give you half"—my sister did not complain to Mrs. Sansom of my telling her about telling the police authorities about my mother's will unless I was paid.
JAMES BATT . I live at 10, Keeling Street, Caledonian Road—I am the youngest son of Matilda Batt—I first heard of her death about four months afterwards—I remember the two prisoners visiting me on 8th January—I asked my sister who wrote the will—she said "Mother"—I said "Where?"—she said "At Camberwell Workhouse"—I said "When?"—she said "Three weeks before mother died"—she said she was present when mother died; she said mother said to her "Has any of the boys turned up?" she said "No," ✗and mother said "Lizzie, you shall have the lot," that pens, ink, and paper were brought, mother wrote the will, and the matron in the ward was witness to it.
HELEN MARY O'DONNELL . I am nurse at St. Saviour's Infirmary, Camberwell—that is the infirmary where Matilda Batt died on 24th July last—I did not attach my signature to any will made by her, I did not hear of any will being made—I did not see a witness named Goddard or Sansom at the infirmary—the patients have access to pen, ink, and paper in the infirmary—this old lady's condition was marked dangerous about a fortnight, I think, before she died; she would not be removed into another ward.
By the COURT. The patients could get pen, ink, and paper without my knowledge.
Cross-examined. If it had come to my knowledge that a patient in the infirmary had made a will I should have reported it to the authorities, and if there was money enough in the estate the authorities would have come on the legatee to contribute something to the maintenance.
November signing my name to something—Mrs. Radford asked me to do so, she did not tell me particularly what it was—this signature at the bottom of this paper is mine, I believe—Mrs. Radford and her son and Mrs. Sansom were present when I signed it—Mrs. Sansom signed it after me; before she did so Mrs. Radford said to me "No harm, only a matter of form"—the prisoner's son said "Sign it, granny, I shall get a new suit of clothes then."
Cross-examined. I remember Mrs. Sansom going to Mr. Letts, but I don't know what she went for—she and I occupy the same room, we have two separate beds—I didn't ask her for what purpose she went to Mr. Letts's—I never said to the Radfords "I mean to have some more money"—I had 1l. from them before Christmas by trying to get some money for her from some loan society—Radford never said to me "I wonder that you don't put your hand into her pocket and take the money out"—I never heard Mrs. Sansom say "I haven't been living with a lawyer's clerk all these years not to know what law is, I knew what I was signing"—I have been a lodger of Mrs. Sansom's about seven or eight years—I am a carpenter and joiner, I haven't done any work for the last week—I didn't know I was doing wrong when I was signing this, I didn't ask particularly what it was I was signing, I merely signed it as a matter of form to oblige the party without knowing what it was—I never went to the infirmary but once in my life, and that was with Charles Batt—I know now that that Mrs. Sansom made an affidavit, I didn't know it before—I went with Mrs. Sansom to give evidence and I asked her if she had signed any papers, and she said she thought she was signing the will over again and signing her own name again because it was so bad, and that Mr. Letts asked her to write it again to do it better—I asked her that on the Saturday we were at Bow Street—that was the first time I knew she had signed a document—I don't know that there were any more documents to be signed—I believe she had 2l. which they owed her for borrowed money—Mrs. Sansom and I did not represent to the prisoners that we were very hard up and wanted a pound or two—I never said in the presence of Mrs. Sansom that if I couldn't have more than a pound or two I would say that the will was not signed at the infirmary at all.
MARTHA SAMSON . I live at 30, Wells Street, Camberwell—I am a nurse—I know the two prisoners and I also know Mr. Goddard—I knew Matilda Batt—I signed my name to a paper at Mr. Letts's office—this (produced) is it—I signed it in my own house in the presence of Mr. Goddard, Mrs. Radford, and her son; I signed it because she asked me to do so—I have been to the infirmary many times to see Mrs. Batt, I never signed a paper there—I signed this, I think, on Friday before Lord Mayor's Day.
Cross-examined. I remember going to Mr. Lett's office—I was fetched there—he never asked me whether the signature of Mrs. Batt to the will was her handwriting—he did not say "Were you present when Mrs. Batt signed the will?" and I did not say I was—I did not say it was signed by us at the infirmary—Mr. Letts did not ask me if Mr. Goddard was present at the time; he never mentioned Goddard's name, he never said "Did you sign your name as a witness in the presence of Mrs. Batt?"—I never said that I had—he did not say "Did Mr. Goddard sign as a witness in Mrs. Batt's presence?" nor did I say so without being
asked—my husband was a lawyer's clerk I believe—I never said that I had not lived so many years with a lawyer's clerk without knowing a good deal about law; I know nothing about it—this document (produced) is not my signature, I never signed it; I couldn't write like that, I can't write so well—Mr. Letts read over a paper to me; this (Looking at another paper) is mine. (This was an affidavit stating that she was present when the will was signed, and that she and Goddard attested it.) That was not read over to me, I swear that—Mr. Letts never mentioned Mrs. Batt's name to me or the infirmary—I have known Mrs. Radford from her birth, I brought her up—she did not lend me anything when she came into this legacy—I never said I would go against the will if she did not give me money—Joseph Radford came to my house many times when he wanted to borrow money—I never told him I would swear black was white—I never knew this was a will till after I had signed it.
Re-examined. Mrs. Radford's son is about sixteen, I believe.
Witness for the Defence.
CHARLES LETTS . I am a solicitor in partnership with my brother in Bartlett's Buildings; we acted for the late Mrs. Batt in a Chancery suit in which she was a plaintiff—we had to see her constantly from 1877 to 1882—I constantly saw her write lots of times—I was familiar with her handwriting—to the best of my belief the signature to the alleged will is hers—when this will was brought to me I carefully examined the signature and compared it with other signatures of hers in our possession, and I have not the slightest doubt it is genuine—in July I saw the medical officer of the asylum in order to get evidence of her state to prove in Chancery proceedings, and I ascertained that she was suffering from chronic bronchitis and was very weak—the word "Matilda" is rather weaker than her usual signature, but her surname of "Batt" I have no doubt about—when the will was brought to me on 19th December I noticed that the attestation clause was irregular—I explained to the prisoners that before the will could be proved it would be necessary to get the evidence of one of the attesting witnesses—they made no objection to that—they knew that I was acting for their mother—they came next morning with Mrs. Sansom; I pointed to her signature and asked if that was her handwriting; she said it was—I then pointed to Mrs. Batt's signature and asked if that was Mrs. Batt's handwriting; she said it was—I asked if she saw Mrs. Batt sign her name; she said she did—I asked her if she signed her own name in Mrs. Batt's presence; she said she did—I asked if Mr. Goddard was present when Mrs. Batt signed the will; she said yes—I asked if Mrs. Batt signed it in his presence; she said she did—I asked her if Mrs. Batt told her it was a will; she said she did—upon that I filled up the ordinary form of affidavit for an attesting witness—it then occurred to me that probably the officials at the Probate Court might raise some objection to her signature, as it was very irregular—the will had been signed at the infirmary and she had not her spectacles at the time, and was not a good scholar; and in order to explain that I added the words "At the time I signed the will I had not my spectacles on, and the signature was written in the way it now appears"—I read the whole affidavit over to her and asked if she understood it; she said yes—I asked if the statements in the affidavit were true; she said they were, and she was sworn to it in my presence—she appeared thoroughly to
understand it—every one of these signatures to these receipts which were put before Charles Batt were written in my presence—looking at those and the will I am of opinion that the signature to the will is Mrs. Batt's handwriting.
Cross-examined. I knew that Mrs. Batt had property—I conducted the Chancery proceedings for her; that was the only property she had—I did not visit her at the workhouse to take instructions—she told me she intended to make a will when she received the money, I think in 1881 or 1882, that was the last time I saw her—I acted as her man of business from 1877—she never asked me to make a will—when I say this is her signature it is purely a matter of opinion—I did not see her write it—she died on 24th July—I first saw the will on 10th November when the prisoners brought it—I had not acted for them or seen them, or written to them—I wrote to Charles Batt, I think, at the beginning of November, stating that Mrs. Batt was dead, and asking if there was a will—we acted on the prisoners' behalf in proving the will—they did not give me any of these receipts; I don't think they knew of their existence—I don't know where the old lady was living immediately before she went to the infirmary—she told me in 1881 or 1882 that she had been living with her daughter—she spoke kindly of her daughter—I don't remember the name.
WILLIAM WALMSLEY REYNOLDS (Re-examined). We do not keep a visiting book at the infirmary with the names of those who come to see their friends—no book is kept in the ward—there are three days in the week in which, if a person is dangerously ill, their name is entered on the list, and the friends have a printed order which admits them, so there is no necessity to sign their names—Wednesday and Sunday are for male patients, and Friday and Sunday for females; that makes Sunday a general visiting day—persons would come at other times to see a patient on the danger list—the deceased was about a fortnight on the danger list.
CHARLES LETTS (Re-examined by the COURT ). At the time the will was executed the interest of Mrs. Batts was reversionary—she did not die till October, 1884, and it was not material to prove the will—Mr. John Letts is my father—he has retired from practice, but he still takes out a certificate.
GUILTY .— Eighteen Months' Hard Labour each.
NEW COURT.—Thursday, March 5th, 1885.
Before Mr. Recorder.
MR. HOPKINS Prosecuted.
HENRY WALTERS . I am a tailor, of 8, Town Hall Buildings, Hackney—there is a communication inside between my shop and my house—on February 19, about 11.15 p.m., I locked the street door—I have a plate glass window at the side, which is not covered by any shutter—I was
aroused about 1 a.m. by the bell ringing—I went down and found a Iarge pane of glass had been broken in the shopfront, and the prisoner was at the door in custody—this ulster, value 15s. 6d., was just hanging through the window.
Cross-examined by the Prisoner. It was not dragged off the hook, but the corner was hanging out of the window; the glass kept it there—my son removed it.
HENRY COOPER (Policeman N 279). On 18th February, about 1 p.m., I was on duty in Mare Street, Hackney; heard a crash of glass, and saw the prisoner in Mr. Walters's doorway pulling this ulster through the aperture which he had made—I found this stone (produced) at his feet—the ulster was hanging through the hole nearly an arm's length, but it was still attached to the hook—I called Mr. Walters, who gave the prisoner in custody—he offered to pay for it—this piece of rope (produced) was found on him.
Cross-examined. I saw you in the act of drawing it through, and caught you coming out of the doorway.
Prisoner's Defence. I am a poor dock labourer. He let another man pass, and came and took me. I am innocent.
GUILTY of burglary but not of stealing. He then PLEADED GUILTY ** to a conviction of felony at Clerkenwell in April, 1880.— Seven Years' Penal Servitude.
MR. ERNEST BEARD Prosecuted.
JOHN THOMAS MULLINS . I am a fireman on board ship—on February 10, between 7 and 8 p.m., I was in Victoria Dock Road—the prisoner Knight came up and asked me to have a drink, but instead of going to a public-house I was taken to Folly Fitz's house of ill-fame, and he left me there—no one was there when I left—Duley knocked me down in the road—there were four men—Duley and Ewers are two of them—Duley seized me by my throat, a hand was put over my mouth so that I could not call out, and Duley put his hand in my trousers pocket and took my purse out—I saw no more of Knight after he took me to the house—they ran away, and I gave information to the police—I saw Duley at the police-station next day, and picked him out from nine others, and on March 1st I saw Knight with nine others, and picked him out—I lost my purse and 2l. 15s. and my discharge, which I have not seen since.
FREDERICK DICKER (Detective K). On 11th February, about 10 o'clock p.m., I saw Duley in Shirley Street, Canning Town, and said "l am going to take you for being concerned with three others in assaulting and robbing a man named Mullins"—he made no reply—I took him to the station, placed him with five others, and Mullins identified him.
PETER MCDONALD (Policeman K 130). On 1st March, about 7.30 p.m., I was in Victoria Dock Road and saw Ewers standing with a number of men outside the Lord Napier—he saw me and turned to go away—I followed him, caught hold of him, and said, "Bolse, I am going to take you to the station, where you will be charged with being concerned with others in a highway robbery with violence"—he said "Yes"—I cautioned him that whatever he said would be used in evidence against him
—he said "I had had some drink or I don't think I would have been there"—I said "Then you know all about it?"—he said "Yes, I didn't know how much money I had"—I took him to the station—he was placed with others and the prosecutor identified him.
Duley's Defence. This man who came to me from sea is called Dark Mullins. I have known him for years from a bit of a boy, and could have robbed him 100 times if I had wished. He was going to this house of ill-fame when he got robbed. He says I ran away, but I have only one leg and can hardly walk, let alone knock him down.
Ewers in his statement before the Magistrate and in his defence asserted his innocence. KNIGHT— NOT GUILTY . DULEY and EWERS— GUILTY of robbery without violence. — Four Months' Hard Labour each.
355. JOHN LEWIS, JAMES JEFFREYS , and JOHN MITCHELL, Stealing a cash box containing three cheques, two post-office orders, a postal order, and 6l. in money, of Louisa Alder, to which LEWIS PLEADED GUILTY .
MR. WABBURTON Prosecuted.
CHARLES HENRY ALDER . I manage the business of my mother, who is an ivory turner—on February 19th about 6 o'clock I was alone in the shop, and a man who I have not seen since came in and made a communication to me and went out—I went out and spoke to a man in a gig, and as I went back I met the prisoner Lewis coming out of the shop—I seized him by his collar—he struggled—I said "What have you there?" and opened his coat—he had a cash box behind his elbow—I struggled with him, and it fell in the road—I picked it up and went after him, caught him, and with assistance held him till a constable came—the cash box contained post-office orders, cheques, and 6l. in gold, but only 4l. of the gold was found; the lid was broken, and 2l. may possibly have rolled out—I afterwards went to Rayner's livery stable, recognised the gig, and pointed it out to Nash—I also noticed the pony, it was the same.
Cross-examined by Mitchell. The young man in the trap was not either of you.
THOMAS HENRY PAYNE . I am a clerk at Bridge House, Kentish Town—I saw a trap drive up Fenchurch Street and saw Lewis run away—I assisted in catching him—I heard a cry of "Stop thief," and saw Mitchell and a man who I do not identify drive up Fenchurch Street from west to east—he looked back—I saw Lewis run, followed by Alder, who tried to catch hold of him, with the cash-box; I caught him—I identified Mitchell at the Mansion House, and I identified the pony and trap the same night at Mr. Rayner's yard—the two men wore deer-stalker hats.
Cross-examined by Mitchell. I picked out the wrong man at Seething Lane—you tried all you could at the Mansion House not to be identified—you held your head behind—I did not know that they were connected, but as soon as I saw you at the police-court I recognised you.
I gave the book to Mitchell, who wrote in it "John Mitchell, 18, Charles Street, Stepney"—I had seen him before.
THOMAS NASH (City Policeman 819). On 19th February I was standing at the corner of Gracechurch Street and saw Lewis running—he was given in custody—I received Jennings and Mitchell in custody on January 23rd—they were placed with six others at the station, but Payne could not identify either of them—they said they were not guilty, and knew nothing about it.
JAMES LOW (City Policeman 289). I assisted Nash in taking Jeffreys and Mitchell to the station—Mitchell said "It was on Friday I had the horse and cart and went through Leadenhall Street home, and we went to a music hall that night"—Jeffreys said that it was on Thursday they had the horse and cart, and went past the Monument to London Bridge.
Mitchell's Defence. I am charged with a man I never saw before in my life; if he speaks the truth, he must know the two men who were with him. I hired a pony cart and paid for it, and took it back again. I should like to call Lewis to certify that he does not know me.
JEFFREYS and MITCHELL— GUILTY .— Fifteen Months' Hard Labour each. (The Jury stated that they did not believe what Lewis had said) LEWIS.— Fifteen Months' Hard Labour.
MR. GRIFFITHS Prosecuted.
FRANK BLUNT (City Policeman 681). On 10th February, about 4.30 p.m., I was on duty in Gracechurch Street and saw Mr. Beer driving a trap; the prisoner Clark was immediately behind it, and behind him was another trap containing Hall and Harrison—Clark spoke to Hall and Harrison, undid the apron in front of the ✗rap, and produced a hooked stick from his pocket, with which he appeared to draw something from Mr. Beer's trap towards him—he then went back to the other trap and gave the stick to Hall, who placed it under his feet—Clark went to the trap a third time and took a black bag out—I took him in custody, and Harrison jumped out and ran away—I called "Stop thief" and followed the trap Hall was driving into Bush Lane, where Hall jumped out and I caught him by his throat—two of them were too many for me to hold, and I called on a gentleman to assist me—I took the other prisoners to the station and found a bag containing 10l. in silver, 5s. in bronze, and two empty bags marked City Bank—Harrison was shortly brought to the station—I told the prisoners the charge; they made no answer—I found on Harrison the key of the trap and this piece of string with a hook to it.
Cross-examined by Hall. I found on Clark what is called a swag bag—when Clark had unbuttoned the apron he went back and spoke to you and went to Mr. Beer's cart, took the stick out of his pocket, and dragged something close enough to him to reach it with his hand, and he gave it to you—you jumped out when you saw I had got Clark in custody—I
did not come up to you directly, because I had to push Clark along—when I seized you by your throat you said "Get away, I have done nothing," and commenced struggling—I found nothing on you, I found the stick in the trap.
HENRY BEER . My father is a salesman, of 156, Stookwell Road—on 10th February, about 4.20 p.m., I was driving his trap in Gracechurch Street, which contained 10l. in silver, 5s. in bronze, and two bags marked "City Bank"—it was at my feet, I did not get out.
WILLIAM ALVEN . I take charge of the City Green Yard—on February 10th the trap in which the prisoners were driving was brought there—I searched it and found this jemmy—the trap was given up to Mr. Reeves.
WILLIAM REEVES . I am in the employ of Mr. Peters, of 175, Hackney Road, who lets out traps—a trap was given up to me on February 10th which had been hired by James Shaw, a customer of ours—there was no jimmy in it.
Cross-examined by Hall. I have known you many years going past our place to work, but never saw you with these men.
Re-examined. I do not know that he was convicted at Middlesex Sessions in 1875.
Hall's Defence. I was going to Mrs. Sheldon's, 3, Lombard Street, about making some socks for the shoe trade, and met the two other prisoners. I knew Harrison and got up in the trap, and as soon as we got to Fenchurch Street Clark jumped out and went away. I saw no more of him till he brought me a stick and said "Put that down," and put it by my feet. As we got to King William Street I said "I will get down now, I have arrived at my destination." He said "You may as well treat me." Harrison immediately jumped out and ran away. When I got down Bush Lane I stopped for a minute, for I was dumbfounded seeing the crowd and did not know what they were about till the police-man came up. At to my conviction, it is 10 years ago, and I was quite a lad then. I am very sorry I got into the trap, but I did not know what these men were going to do.
HALL— NOT GUILTY . CLARK— GUILTY .— Nine Months' Hard Labour.
HARRISON— GUILTY .— Twelve Months' Hard Labour.
THIRD COURT.—Thursday, March 5th, 1885.
Before Mr. Common Serjeant.
MR. BROXHOLME Prosecuted.
ARTHUR GOODFELLOW . I live at 73, Hugh Street, Pimlico, a private house—on the night of 11th. February I went to bed about a quarter to 11o'clock, having locked up the house—I had latched the hall door, not bolted it, it could not be opened from outside without a key—about 20 minutes past 1 o'clock Inspector Fraser called me up—he had the two prisoners in the passage, and asked me if they had any business in the house—I said "No, I don't know them at all"—Fraser then took some keys away from Brown, who had his hand in his pocket—he tried the keys in the door and they fitted easily—Mr. Daven was there—nothing
had been moved or taken away—they had been in the parlours, because the door had been open, and it was shut when I went downstairs—some things had been disarranged.
JOHN FRASER (Inspector B). On the morning of 12th February at 20 minutes past 1 o'clock I was standing next door to the prosecutor's house talking to Mr. Daven, and I heard the latch of the door of No. 73 pulled back and the door opened gradually from the inside, and Brown came out first and stood on the doorstep—Saunders almost immediately followed him and appeared to close the front door—I allowed them to go about 20 yards down the street and then I went and tried the front door, No. 73—I pushed it and it readily opened—I left Daven at the front door and followed the prisoners, who gradually increased their pace to the double, I caught them at the corner of Warwick Street and Hugh Street, I had not lost sight of them at all—I was in uniform, on duty—I stopped them and said "What were you doing inside that house?"—Saunders replied "A girl took us in there"—I said "You will have to go back with me "—I took hold of them—they went back—I called Goodfellow and asked him if they had any right in the house "—he said they had not—I again asked him "What were you doing inside this house?"—Brown said "You have made a mistake this time, we were not in this house at all "—while speaking to the landlord Brown turned away from me and put his hand in his right-hand trousers' pocket—I searched him at once and found these four skeleton keys in his pocket, a Hanoverian medal, and a knife—the wards of the keys have been filed out, they are simply latchkeys that open a great number of doors—I tried one of the keys in Brown's presence and found that it opened the door of the house readily—I took the prisoners to the station assisted by Daven until I met a constable—at the corner of Douglas Street, Westminster, I turned to speak to Duncan, who was close behind me, when Brown by a quick movement of his hand threw something away—I directed the constable to search, the street, and he afterwards showed me a patent key with two wards filed out—they made no answer to the charge.
THOMAS DAVEN . I am a musician in the Grenadier Guards—on the morning in question I was talking to Fraser outside my house, and I saw the two prisoners come out of the house—Fraser tried the door; I stood-on the pavement and saw the prisoners all the time—they went up the street, and did not go out of my sight all the time—1 stood at the door as Fraser told me to—he came back with the prisoners—I went into the prosecutor's house—I saw the prisoners searched and the keys found.
CUMMING DUNCAN (Policeman B 439).—I spoke to Fraser that night when he was with the two prisoners—while doing so Brown raised his arm as if throwing something away—Fraser instructed me to search there—I did so, and in Brown's presence—after searching sometime I found this key in the gutter.
The prisoners in their defence stated that they met a girl at a theatre and went home with her; that she gave them the keys to unlock the door; that they went in and waited for her friend, but as she did not come they came out again.
when I went to bed—the rooms where the prisoners were, were to let at the time—there was a bill up that they were to be let furnished.
GUILTY . BROWN then PLEADED GUILTY * to a previous conviction of felony in July, 1882.— Five Years' Penal Servitude. There was another indictment against SAUNDERS for burglary.— Fifteen Months' Hard Labour.
MR. RAVEN Prosecuted; MR. BURNIE Defended.
ALEXANDER BERESFORD . I live at 5, Parker's Court, Bedfordbury—on the evening of 7th February I was in my mother's parlour at No. 5 on the first floor—I live upstairs on the second floor, and the prisoner lives on the same floor opposite me—my wife went upstairs to light the fire; I ran up to see if the fire was lit and saw the prisoner's wife going into her room; she said something in a loud voice, and the prisoner then rushed up from the passage on the ground floor and asked me why I was talking to his wife—I said "Will you listen to an explanation?"—he hustled me into his room—I fell over something on to my back, the prisoner and his wife fell on the top of me—it was evening and light—they pushed me about while I was on the ground and gave me two black eyes and bruised my face; I have got the better of it now—I got out of the room and went downstairs—a policeman came upstairs while the row was going on—I went down with him, and I saw Wooten in Bedfordbury, which runs from Chandos Street, he is not exactly a friend of mine, I spoke to him and he to me—I went upstairs with him to the second floor; the prisoner was there with a lathe hammer, with a chopper on one side and a hammer on the other, and he knocked Wooten down with it—I got him into my room and sat him on a chair, when the two policemen rushed up with their staves drawn—Wooten was bleeding very much, but he came round from the kind of faint he was in and went out to the door and pointed the prisoner out—when it was done the prisoner went in and shut his door.
Cross-examined. I had done nothing to provoke the prisoner—I had no quarrel with him—I had only wished him good morning on the stairs once—I had not gone into his wife's room on this night until I was dragged in—I did not begin abusing his wife; there was no reason for this—I brought no one besides Wooten—I did not bring fourteen or fifteen people back—I did not begin kicking the prisoner's door about, nor did I burst it open, that is all invention—his door was not split before this disturbance—it was split when the police came up—there were not fourteen or fifteen people on the landing when the police came the second time; there were only people who followed the police up—I told the police about the chopper; they came up directly after it had been used—they searched for and could not find it—the hammer would have a sharp edge and would make a sharp cut.
Re-examined. I believe the prisoner is a plumber by trade.
CHARLES WOOTEN . I live at 1, James Street, Lambeth—on 7th February I was in Bedfordbury and saw Beresford in the street; there ware two or three people round him—his face was smothered in blood and swollen—I don't know if he spoke to me or I to him—I went upstairs with him to his own door on the second floor—on the landing I saw the prisoner and his wife, he had got a plasterer's chopper-hammer in his
hand—I had not seen him before that I know of—I did not speak to him; he hit me on the head with the hammer as soon as I stepped on the landing—I had this hat on, it was chopped through in front—I felt him holding the hammer over me, I did not feel him hit me—I next found myself in Beresford's room—I went to Dr. Mills the night of the accident, and have since been to Charing Cross Hospital.
Cross-examined. I had worked with Beresford before this—nobody went up with me and Beresford—we went up directly.
—MILLS. I am a divisional surgeon of police at 3, Southampton Street, Strand—I saw Wooten on the evening of 7th February—he was brought to me by a policeman, bleeding severely from a lacerated wound on his forehead, high up on the right side—the bone was bare; a large blood-vessel was divided, and it bled furiously—I controlled the bleeding first by pads and bandages—I got the help of another surgeon—I did not examine the wound then—he went into Charing Cross Hospital—I have since had an opportunity of examining the wound—it still remains open—it was serious; the superficial portion of the brain is quite exposed, and there is some dead bone to come away, which will be a matter of two or three months perhaps—some blunt instrument would cause such an injury; whatever did it, it would have required a considerable amount of force; a plasterer's hammer would cause it—the cut on the hat corresponds with the cut on the head, and there was blood on the hat when he came.
Cross-examined. The edge of a heavy fender would cause it, but I should think it would extend over a larger surface then—the angular corner of a fender might do it.
JOHN SWABEY (Policeman E 462). On 7th February I was called to this house a little after 6.20 p.m.—I first saw Beresford in his room, two women having fetched me—he spoke to me, and came downstairs with me, and I went away to my point—about a quarter of an hour afterwards I went back again into the room and saw Wooten there with a cut on his forehead, bleeding very much, lying on the floor—he said something to me which the prisoner could hear, he being outside the room against his own door—Wooten said to me the prisoner had hit him over the head with a chopper-hammer, and I then took the prisoner into custody—he was standing just there—he only said he thought the mob had come up to fight him—I could not find the hammer—there were about 15 people up there—when I first saw Beresford he had two black eyes and a little blood coming from over one of his eyes.
Cross-examined. When Wooten charged the prisoner with having done it with a chopper-hammer the prisoner was standing at his own door with his wife—when I went up and saw Wooten there were 18 or 20 people on the landing, and a great deal of confusion—I searched the room for the chopper-hammer, and could not find it—the prisoner's door was cracked.
Re-examined. It was cracked in about three different places right up to the top—I did not notice a fender in the prisoner's room; I noticed one in Beresford's room—I examined it and found no blood or nothing on it whatever, only a little dust—it was a round iron fender, not very large—Wooten was about two yards from it.
Witnesses for the Defence.
this evening the first I saw was a crowd going up from Bedfordbury into No. 5—I was at my door, 7, Turner's Court—I did not see Wooten; I saw Beresford, but I did not know any of the crowd with him—they went to 5, Turner's Court—I did not follow them—that was all I saw—I could not tell you how many people there were—this was between 6 and 7 o'clock.
MARY DRISCOLL . I live at 46, East Street, Manchester Square—on the night of this disturbance I saw Beresford and his brother running down Bedfordbury calling out for a mob of men to come up and fight Mr. Fraser for them—the mob of men came up—I followed them, and was going up the court when I heard Mrs. Fraser out of the window calling murder and police to come up and defend her husband, who would be murdered in the room—they all ran upstairs, and I heard a hammering at a door—I was at the foot of the stairs—I next saw Mr. Fraser's little girl—she said, "Oh, do come up and protect father and mother, my father and mother will be murdered"—I had seen Wooten first in the mob beside Mr. Beresford—that was all I saw—there was a great deal of confusion and noise; all the neighbours in the court were crying out, "Shame to murder the people in the room"—it was a very terrible row.
Cross-examined. It was about 7 o'clock.
ANN CLEMENS . I live at Mrs. Clemens's, 18, Cumberland Street—on the night of this disturbance I saw a great crowd—I heard Mrs. Fraser crying out of the window at the top of the house "Murder" as loud as she could scream—I went towards Mr. Fraser's house, and the crowd was there that nobody could hardly gat in the passage—I did not go into the house, I was so frightened—the wide passage was perfectly full, everybody was crowding in.
GUILTY of unlawfully wounding. — Nine Months' Hard Labour.
OLD COURT.—Friday, March 6th, 1885.
Before Mr. Justice Day.
MESSRS. BESLEY and FULTON Prosecuted; MESSRS. MONTAGU WILLIAMS and MEAD Defended.
JOHN WILLIAM RATCLIFF . I am a solicitor, at present in the office of Messrs. Morley and Shirreff, solicitors, of Gresham House—they had the conduct of an action of Cottrell v. Kennedy in an interlocutory proceeding—I had charge of the action for the plaintiff—I produce the writ dated 29th September, 1883; 828l. was claimed for money paid and work done by the plaintiff as stockbroker for the defendant; the debt being between 25th July and 11th September, 1883, inclusive—leave to defend was obtained upon payment of 500l. into Court—there was an application and affidavit under order 14—I do not appear to have the original order here—the date of it was about 31st October—the matter was adjourned on several occasions for the defendant to put in affidavits—I produce a copy of the statement of claim, dated November 17th, also a statement of defence and counterclaim for 10,000l., and the reply of 20th March, 1884
(read)—I sent in the particulars before the issuing of the summons—on 21st March there was this affidavit of documents upon which the perjury is assigned—I cannot say that I attended with Mr. Cottrell when that affidavit was sworn—I either went or sent some one; the affidavit was filed by some one from our firm—this is Mr. Cottrell's signature—on 1st May he was required to answer a large number of interrogatories on this matter; he never answered them, and on 20th May the action was dismissed—this is the order—I was present when Mr. Inderwick and Mr. Woodley Smith attended for the purpose of investigating the defendant's ledger—there were two inspections; I cannot give the dates—various books were produced at his office—we continued to act for him up to 20th May—I did not know that it was his intention to go abroad.
Cross-examined. Mr. Cottrell offered to show Mr. Inderwick any jobbers' accounts that he would like to see; in fact he did so in one case, in one bargain.
Re-examined. I did not know that two leaves had been put into the ledger—the first intimation I had of it was at the police-court—I never saw the leaves containing alterations which had been removed from the ledger—I had no knowledge of it.
ARNOLD LEE PEMBERTON . I am clerk in the central office of Royal Courts of Justice—I produce an affidavit filed on 21st March, 1884, purporting to be sworn before Mr. Edgar James Paine, the commissioner, and signed "H. Cottrell."
EDGAR JAMES PAINE . I am a solicitor, and a commissioner for the administration of oaths—this affidavit marked A and dated 21st March, 1884, in the suit of Cottrell and Kennedy was no doubt sworn before me on that day; it has my signature, and I have no doubt it was read over and explained to the H. Cottrell who purports to have signed it—I don't recognise the prisoner as the person signing it.
SAMUEL WALLACE CLARK . I am in the employment of the National Provincial Bank of England, Limited—Herbert Cottrell had an account at that bank—Mr. Thomas Estall is the sub-manager—this is his certificate of the account of Mr. Cottrell from May, 1884, to the close of the account, the balance then being 650l. overdrawn.
ALFRED INDERWICK . I am a solicitor, of 26, Bedford Row—Mr. Kennedy first consulted me in reference to the action of Cottrell v. Kennedy in the beginning of October, 1883; I had not acted for him before—I acted for him throughout the litigation—I made efforts to inspect the prisoner's books—I first saw the ledger immediately after the action commenced; within a few weeks—during the time applications for judgment were going on under order 14 I took out a summons, and got leave for particulars, and on that leave I applied for inspection—I did not get fuller particulars till then; I went then to the solicitor's—some objection was made to produce the books, but ultimately Mr. Ratcliffe took me down to Mr. Cottrell, and I had an inspection—I could not fix the date; it was in the beginning of November, 1883—I was there nearly half an hour; there were no indications to me whatever that the pages that I looked at in the ledger containing Kennedy's account had been introduced into the book after it was made; there were no scratching of pens or any indications whatever of alterations in the accounts; it agreed substantially with the particulars—I attended several times after that—Mr. Ratcliffe went with me on two occasions, and on one occasion I went without him
—I took Mr. Woodley Smith with me, I think, on that occasion—I was not able to detect any discrepancy at all in the accounts of the ledger—the particulars appeared to me to be a copy of the ledger—I saw both Thomas and Gray at the same time at Westminster Police-court on the 7th April, 1884—the action had been on all that month; that was the first time I had any information from them—I saw them on the following evening, and a great many times after that—it was in consequence of their information that the interrogatories were drawn by counsel, and also from information from other sources—the amounts I paid to Thomas are all set out in the deposition—I think it was about 27l. altogether, and 55l. to Gray—no criminal proceedings were contemplated at that time—we were trying to recover our 10,000l.—I had no idea that Mr. Cottrell was going away on 10th May—I first learnt his whereabouts in October, when I saw the bankruptcy proceedings and an address at Norwood—I sent there, I did not go—I next saw Mr. Cottrell when he attended for examination at the Bankruptcy Court in January this year—I was informed that after his return to England he had been ill of scarlatina; that was the reason given for his not attending at the first meeting—I put Gray's statements in writing.
Cross-examined. The defendant's servants had the first money from me on 8th April, 1884—I believe they were both then in his service—I saw them in his office; Mr. Kennedy, and I think Mr. McKenzie, were present—I gave Gray a cheque for 50l. on the following night—I think Thomas had a few shillings; he had a few shillings now and then, I think I gave him 5l. on 16th May and 2l. 15s. on the following day—I sent him down to Margate to see if he could find Mr. Cottrell—I gave him 2l. 15s. on 15th December, 2l. 15s. on 23rd, 2l. on 16th January, 1885, and 1l. or 2l. afterwards—I first contemplated taking criminal proceedings, I think, in July, 1884, when I had notice of change of solicitors—I gave Thomas money up to a few days ago; I gave him money before contemplating criminal proceedings—we employed him to go about and get information for us; it was not paying him for information, I looked on it as merely expenses for going about—I didn't hear him swear at the police-court that the money I gave him was principally spent at the Criterion—I never offered Gray any money to swear an affidavit, I swear that most positively.
Re-examined. An affidavit of Gray's was prepared—I took it down on the first evening he came; a few days afterwards when he called I went through it with him; he said he wouldn't swear it in that form, I altered it, and then he wouldn't swear it—he said he wanted some money, and I said I couldn't do anything of the sort.
ALEXANDER THOMAS . I am now living with my mother at Upper Norwood—I entered the service of Mr. Cottrell as clerk in July, 1884, at Bartholomew House—in July, 1883, I was his authorised clerk, that means appearing on the Stock Exchange and making binding bargains with jobbers—I didn't make them all—Gray came into the office afterwards as bookkeeper, writing up the ledgers—Mr. Kennedy dealt through Mr. Cottrell—I did some of the business of the United Service Stock Exchange Company, Limited, not the whole of it; it was done at Mr. Cottrell's office—Mr. Kennedy's account was a very large speculative one—just before the action was commenced for the 820l. I saw the ledger, "account against Mr. Kennedy was kept in it at pages 927 and 928—
there were several marks of a penknife in those pages, I can't say how many—those pages contained marks of alteration, I believe they related to this account—I examined some of the bargains that had been made for Mr. Kennedy; there were cases in which injustice was done to Mr. Kennedy. (MR. WILLIAMS objected to any evidence relating to other pages than those in question, the perjury being assigned with respect to those two pages. MR. JUSTICE DAY considered the evidence admissible, in order to show that the errors were not unintentional.) I made extracts of instances where alterations were made to the damage of Mr. Kennedy—I produce my original memoranda—it has reference to Mr. Kennedy through the United Stock Exchange. (This was objected to and not pursued.) Mr. Kennedy gave his orders direct to Mr. Cottrell—those transactions were debited to the United Stock Exchange—up to a certain time the Stock Exchange Company had a commission—our client was the United Stock Exchange Company, but Mr. Kennedy's name was on the books—the June order came direct from Mr. Kennedy; after that date alterations were made to the detriment of Mr. Kennedy, stocks were bought at a certain price and Mr. Kennedy was charged more, and when stock was sold he would be charged less—I can't say for certain that there were any transactions entered in which there was no buying or selling, but I believe so, and charges were made in respect of carrying over—I can't say whether that was so after June—Mr. Cottrell said to Gray "You had better have these pages taken out and fresh ones inserted in their place," because there were so many alterations it would be noticed, or something to that effect—that was said about the same time that the action was brought, I believe before Mr. Turner came—after Turner had been I saw that the pages in the ledger, 927 and 928, were quite plain, and the edging of the pages was not different from the rest of the book—I also saw the old pages—I saw Gray write upon the blank pages, by Mr. Cottrell's directions—I don't remember the balance that was brought out—after that I saw the two pages that had been taken out of the book—they were on the desk until about the 10th of May, or just before—on Saturday, 10th May, Mr. Cottrell sent word through Gray that I had better go out for an hour; when I returned I saw Mr. Cottrell burning leaves out of a book in the grate—they were out of the checking book, the cash book, and the journal—he was burning the whole of the checking book—that would contain a record of a bargain—if you do a bargain we have to check the job next morning, and the price at which it is actually done—I did not see him do anything to the ledger—I don't remember whether I saw the ledger afterwards; I don't think I did—I saw the two leaves that had been taken out of the ledger after Mr. Cottrell went away—Gray had them; Gray told me that Mr. Cottrell had told him that he was going to Margate—he was declared a defaulter on the following Thursday; I never saw him at his business place after 10th May—I saw the counterfoil of a cheque drawn on 10th May to "Self," it was for 20l. or 40l.—I don't know that Mr. Cottrell was going to St. Sebastian—I saw the pass book on the Tuesday following, the 10th—it did not agree with the counterfoil—the difference was about 560l.—I have not seen the counterfoil since—I first knew that criminal proceedings were contemplated at Guildhall, when I was there as a witness—I swore a deposition for the purpose of process—I knew then it was for the purpose of criminal proceedings.
Cross-examined. I don't think I commenced receiving money from Mr. Inderwick while I was in Mr. Cottrell's service—I can't say at what date I first received money; I received some from Mr. Gray—I stated before the Magistrate that I received that money for corroborative evidence against my master—I first received 20l.—I didn't ask what it was for; I was rather surprised at receiving it; I knew what it was for—I didn't say that the money was principally spent at the Criterion—I believe I said it was for corroborative evidence—I received about 25l. from Mr. Inderwick, besides the 20l. from Gray—I said before the Magistrate "I have received but 7l. from Mr. Inderwick"—I also said "I have not received any money from Mr. Inderwick or Mr. Kennedy"—that was true; I don't think I swore it, I said I believed it—I didn't remember then the receipt of the 25l.—I have received 25l. from Mr. Inderwick besides the 20l. from Gray; I don't remember in what month it was I received it—when I heard this conversation about the erasures, and that it would be necessary to have the book altered, it was in the clerk's room, in the same room with Gray; I believe Mr. Cottrell saw me there.
WILLIAM GRAY . I am at present living at 108, Graham Road, Dalston—I have no occupation at present—I was formerly a member of the London Stock Exchange; I ceased to be so in the early part of 1878—Mr. Cottrell was at one time in my employ; he subsequently became a member of the Stock Exchange, and I became his clerk—that was in May or June, 1882—I continued with him as clerk and bookkeeper up to 10th May, 1884, When he left London—I recollect Mr. Kennedy having a large account with Mr. Cottrell—shortly before the action was commenced, in September, 1883, I had several conversations with Mr. Cottrell with regard to Mr. Kennedy's account in the ledger, at pages 927 and 928—I recollect Turner coming; before he came there were several alterations made in those pages, and I think Mr. Cottrell thought it best to have them removed—there were erasures with a pen—some, I think, were made by Mr. Cottrell, and some by myself—some of the alterations were in favour of Mr. Kennedy, and some otherwise—I knew that Mr. Edwards had been instructed to alter the pages, Mr. Cottrell had told me so—it was in the evening that Turner came, after business hours—I don't think any one was in the office except myself—the book was on the desk, and I said "That is the book you want," simply pointing to it—I didn't point to the particular pages of Mr. Kennedy's account, he had to follow that—he brought the blank pages already numbered—I didn't see them before they were put in; they were in paper—I left him in the office at work with instructions to close the door after him and turn out the gas when he had finished—I came to business the following morning—I then examined the ledger containing Mr. Kennedy's account; of course the new folios were then in the book, in the place where Mr. Kennedy's account had been—I believe the original leaves that were taken out were in my desk at the time; they were kept on the desk during the day, and locked up at night—they were left on the outer part of the desk for some days, I believe—I didn't remove them, I rather think Mr. Cottrell did—I was not present at the time of the removal—to the best of my belief the pages had been taken out when Turner came; to the best of my knowledge they were removed by Mr. Cottrell—I am not sure; I didn't remove them; I was not present when they were removed, I found them on my
desk—there were three or four others in the office as well as myself, and one of them may have removed them; when I came in the morning I found the original leaves, and locked them up—I examined the leaves the following morning; at that time the edges of the leaves that had been inserted were clean; the writing was inserted on the new leaves on the following day by myself, in Mr. Cottrell's presence, I followed his instructions, which were to re-copy the account with the alterations—when I had finished the copying it appeared as if there had been no alterations—the original leaves were kept for some time in my desk, up to the time of Mr. Cottrell's leaving, on 10th May—I had them in my possession up to that time—I ceased to have them about August last, Mr. Cottrell having gone, and the action having been commenced I destroyed them with other papers, there being no further occasion for them—I was present when Woodley Smith and Mr. Inderwick attended at my employers' place for the purpose of inspecting the books, I think on two occasions—at one time I showed them the ledger; at others, Mr. Cottrell, if I was not present—Mr. Cottrell was present on one or two occasions when the books were inspected; they were shown to Mr. Inderwick—I had no idea that Mr. Cottrell was going away on the 10th May; I expected him on the following Monday—I had no idea that he was likely to become a defaulter; he said he was going to Margate from Saturday to Monday—the books had then been partly destroyed—he stated that the action being withdrawn, he had no further occasion for the books, and having a new set they were destroyed—he said that to me on the Saturday morning as far as I recollect—Mr. Cottrell asked Thomas to leave the office for about an hour, at least he told me to tell him so—I gave the message to Thomas, and he did leave, but he came back sooner; Mr. Cottrell was then burning some of the books, by placing them in the fire; he divided the books—the ledger was burnt, a portion on that day, various folios; the bulk of it was burnt; I assisted in the burning of the books—I had no conversation with Mr. Cottrell about the interrogatories before he went away; to my knowledge he knew that information had been going on for a long time—I can't recollect what he said about it, the substance was of course that Mr. Kennedy was aware of what was going on with the books; I told him he was quite aware no doubt—I think he knew I had communications with him—I told him that I had confirmed the evidence that he had received from some one—this might have been a month or two before he went away; I can't recollect the date; he referred to it on more than one occasion—I think I first received money from Inderwick in April—I confirmed the information that he had already received—it was both before and after that that I had the conversation with Mr. Cottrell—I think I saw Mr. Cottrell again about September or October, prior to the bankruptcy proceedings—I met him at various places; I didn't go abroad with him, I merely met him in the ordinary way—when he came back he gave me instructions to finish burning the books, which I did; simply the leaves I have referred to remained; I mean the leaves that were removed from the ledger; those books, which were of no importance, were destroyed after Mr. Cottrell went, and those that remained were sold to a waste-paper man—I recollect Mr. Cottrell drawing a cheque just before he left, and the counterfoil I gave to him on his return, about October I think—of course the books in use were not destroyed, only the old books.
ROBERT WILLIAM EDWARDS . I carry on business as Edwards and Smith, account book manufacturers, 1, Draper's Gardens—I am the sole partner—I made and supplied the ledger in question to Mr. Cottrell—in September, 1883, in consequence of a message, I went to Mr. Cottrell and saw him in the presence of Gray—he said that certain leaves were required to be replaced in the ledger, of which I had particulars given me—I did not notice the name of the person written on those pages, I had no interest in that matter—the instructions were filed in the ordinary course, and Mr. Turner was the man that did the work at the office, and we debited Mr. Cottrell's account with 4s. 6d. for man's time and material in adding the leaves to the book—I do not know whether Turner took out the other leaves; that was no part of my instructions; if we had had instructions to take them out no doubt he took them out—I assume the other leaves were to come out because leaves were to be put in—that did not require considerable skill, it was quite ordinary workmanship, it did not strike me as anything extraordinary—I should say it took from an hour and a half to two hours, from my charge.
Cross-examined. I looked at it as quite an ordinary transaction—there have been very few such cases in my experience, but I have had to take out leaves that have been spoilt—I received the order from Mr. Cottrell and from Mr. Gray together—it was a verbal order simply of the numbers of pages required—I made a note at the time of what I was required to do; I have a pencil memoranda made at the time which agrees with the order, I wrote it out—I am only able to say what the numbers of the pages were from my memoranda—it is in a memoranda book which I carry about with me, in which I jot down just sufficient to refresh my memory—I wrote it at the time the order was given, in Mr. Cottrell's office—my memoranda is page 986 on the right, 995 on the left, and 924 and 925; that would be 10 pages.
Re-examined. I wrote this down in the office—a numberer employed by our firm would number the pages; he would receive instructions through our foreman—this was the only time I have altered the ledger—my charge was 4s. 6d., my memory agrees with it exactly—I could not answer anything respecting this only by reason of the order which the man had to do the work, which agrees with my book—this is simply a rough memoranda to refresh my memory—1080 is the registered number in the register—there is no name to it—I was called to that office and nowhere else—the numberer is not in our employment, he numbers for us—I have no date in my book; this is the order; it is in my writing; I wrote that when I put the order in hand, the same day—this is the means by which I verify the numbers of the pages; it is only by means of this memoranda that I can undertake to verify the figures—according to my order the pages that should have been altered were 986 to 995, and 924 and 925—I have no memory on the subject, but this pencil memoranda was made when I took the order, and I wrote the order the same day.
WILLIAM HENRY TURNER . I am a vellum account book binder—in September, 1883, I was employed by the last witness, and acting on his instructions I attended at the office of Mr. Cottrell between 5 and 7 in the evening; I cannot fix the date—I found the witness Gray there—I cut some sheets out from a ledger, and I had to place others in the places of those I took out—it was not necessary to interfere with the book
at all to do that, not with the bound part of the book; I stuck the new leaves in with a kind of tape if I remember rightly—I have no recollection as to the numbers of the pages—there was writing on the leaves I removed—I think I put in four or five leaves, something like that—Gray remained there nearly all the time I was doing it, about a quarter of an hour or 20 minutes—when I had finished it I placed the book in a kind of recess in the floor, and left the leaves which I had removed, on the desk, and went away—I cannot say exactly how many leaves I removed, but I think three or four altogether—the portion I had to remove was pointed out to me by Gray—when I inserted the new leaves the edges of the leaves were quite clean—I finished them off and made them accord with the rest of the book—I did not receive any instructions when I left to turn out the gas, I left the gas alight—I shut the outer door, no other person being present—it took me about an hour and a half to do this—there was writing in the book both before and after the pages I removed.
Cross-examined. I cannot remember whether the pages were already numbered when I took them there—the numbers would be put on them according to the order received at the office, and then they would be taken and put in the book.
Re-examined. I should see that the numbers in the book were consecutive; that was so in this instance if I remember right.
By the COURT. When I went there Gray opened the ledger and showed me what leaves to take out—the new leaves must have been numbered to correspond with the other part of the book—I do not think I should have wanted Gray's help—I have some remembrance of making two different insertions, about three or four leaves—I had no curiosity to look and see what it was; I went there to do the work, and I paid no attention to anything but the work I was on—I had no notion what the work was; I considered the thing private, and I should not enter into it—I cannot say that it is usual to remove leaves from the centre of a book, I cannot remember having done so before.
WOODLEY SMITH . I am a chartered accountant, of Budge Row—I was employed by Mr. Inderwick to inspect the books at Cottrell's office—I went there three times; the first time was February 5, 1884—Mr. Cottrell and Mr. Gray showed me pages 927 and 928 in a ledger—Mr. Ratcliff was with me on one occasion; April 8th—he is a clerk to Morley and Sheriff—the other pages were fastened together, and I was not permitted to inspect them—I compared the writing on the pages which I was shown with the particulars delivered in the action—I was not shown any page which had been taken out from the book—if there had been any erasure with a knife perceptible on the paper I should have called attention to it—it is not an unusual thing—the pages were without erasures.
The prisoner received a good character.
NOT GUILTY .
For cases tried in NEW COURT and THIRD COURT, Friday, see Essex, Kent, and Surrey cases.
Before Mr. Recorder.
MR. GRAIN Prosecuted; MESSRS. KEITH FRITH and HALL Defended.
The evidence of WILLIAM RADLEY, JAMES DAVIS, GEORGE RAYNER, and JAMES WILSON was read to them, to which they assented.
EDWARD SAUNDERS . On 26th of February last year I pleaded guilty to stealing these staves, and had three month' imprisonment—Russell was tried with me. (The witness then repeated his evidence given on the formal trial.)
Cross-examined. On 13th December we were to fetch 200 staves, I think, from the docks, but we took 250—the carman told me to put a few more on, and we too 250, and left 50 at Russell's house, and the next day there were some over, but I did not put any more on the van—the place in curtain Road is a turner's; it is not very big—there is a public-house right opposite—I am now a carman—I was never in champion's employ, and never went to their office about this—Russell did not plead guilty—I did not turn round and split upon him—he is in prison; he got 15 months—I do not think I got a lighter sentence by giving evidence; I do not think I ought to have had anything—no one had promised me employment for giving evidence to-day—I am in good employment.
Re-examined. I got three months, and then got into respectable employ, where I am now—I was subpoenaed by the Dock Company to come here—I have had no renumeration for coming here, and do not wish it.
Cross-examined. I have known Barron some time, and always as a respectable man—it is a fact that every day wood is brought round to the various turners and carvers—staves would be in the way of his business—I know that he had a fire on his premises, after which his landlord mentioned that he objected to the storage of wood there—on that night he asked me to take care of these things for him—his manner did not indicate that he had anything to conceal, or that he had done anything wrong—this billhead which he sent bears his name and address in full, so that it appeared to be a perfectly correct and above-board transaction, and I had no hesitation in taking it in.
Re-examined. I cannot read—I have never bought in the street—I never knew a van to be driven round and people to buy in the street.
GEORGE WRIGHT (Detective Officer). In January, 1884, I had a warrant for the prisoner's apprehension when Saunders and Russell were under remand at West Ham Police-court—I had Barron's address, and went there several times, but could for him ever since, and other officers as business—I have been looking for him ever since, and other officers as well—on 23rd February, 1885, I saw him in Stepney, and told him I should take him in custody for receiving 20 staves in December, 1883—he said "Oh, it was 100; I bought them for 3l. 10s. I paid 2l. on account;
I was to pay the other 30s. in a month; I bought them because they were cheap; I sold them for 3l. 15s. as I had no use for them"—I said "The Grand Jury has already returned a true bill against you; do you know who you bought them of?"—he said "No, he was a dark man, and he was introduced to me; I removed them to Blundell Road to a man named Boss, as I was under notice to leave"—I said "But you have left home ever since then"—he said "That was because I had a few words with my wife."
Witnesses for the Defence.
GEORGE WINTERFORD . I am a wood, ivory, and hardware turner, of 62, Red Lion Street, Clerkenwell, but I was in Curtain Road some years and a neighbour of Mr. Barron—he is a wholesale carver and turner; and employed 20 or 30 men, but since that he has had losses—he required oak staves in his business—in December, 1883, a tall thin man came up to him while I was outside on the pavement; they were just lighting up the gas—I went to Mr Barron that night to solicit orders—the man wished to know if he could make room for 100 oak staves, or purchase them, and that Mr Greenwood sent him—Barron said that he did not buy such small quantities; if it was a much larger quantity he would buy them—the man pressed him, and Mr Barron said "I really have no money to purchase them"—I cannot identify the man, and it did not interest me at the time—Barron also said that he had no room for them, that there had been a fire next door at the coffee-shop, and his landlord told him he would not allow him to have a large quantity of wood on the premises—I did not see the wood—Mr Barron asked where it was, and the answer was "Over in Leonard Street, opposite your own shop"—I did not hear whether they were all to be delivered at once—Barron ultimately agreed to give 3l. 10s. for them, 2l. down and the rest afterwards—I saw no money pass—during the many years I have known Barron he has always borne the reputation of a respectable, honourable tradesman—I have done business with him to the extent of hundreds of pounds.
Cross-examined by MR. GRAIN. I do not buy goods in the street, I go to a woodyard—I never had an invoice in my life—I should buy from Champion's or any van if I gave a fair market price, and without communicating with Champion's; what have they to do with me?—you can go to Curtain Road daily, and sometimes hourly, and there are the names on the vans and waggons, but people do not ask where they come from—I have had scores of such transactions—if Champion's van drove up with a load of staves I should ask the carman where he got them, and if I gave him the value, or just under the value, I should purchase them in a strictly honest way—I have not known Champion's hawking wood in the street, they hawk vinegar—it would not put me on my inquiries as a respectable tradesman; I should buy it.
Re-examined. I have seen vans with names on them in Curtain Road and wood being sold from them over and over again, and if a respectable man offered it to me I should take it that he was authorised to sell them by his employer, and should not have the slightest hesitation in buying them.
got no money—he said "Never mind, pay 2l. down, and the rest in a month's time will do," and that they were at his other shop—Mr. Barron went with him to see them; he asked 3l. 10s. for them, and Mr. Barron agreed to pay 2l. down and 30s. in a month—you can see vans in Curtain Road selling wood every day in the week—they have names on them—I should have no hesitation in buying from them if the wood was in my line—Mr. Barron appeared to be acting openly and above board as a tradesman would.
Cross-examined Fifty staves were unloaded from the van, but he offered to sell him 100—the 2l. down and 30s. afterwards was for 100—I do not know where Barron has been for the last 12 months; I have not seen him—he has not been living in Leonard Street; he has been away—I have worked for him for years—I did not see him when the inquiry was going on against Russell and Saunders—I never saw him till he was arrested.
Re-examined. I know Cable Street—it is a mile and a half from Curtain Road—I do not know that he has been living there—during the whole time I have known him he has borne the reputation of a respectable, honourable man.
FRANK BRADLEY . I was present when Mr. Barron gave a man a bill-head with Boss's name and address—he said that he had no room for the 50 staves—I believe he said the landlord was going to look the gate up, and would not let him put them there, and he gave him a note to take them somewhere else, I don't know the name, and he gave him a bill-head—there appeared no concealment whatever—I am a cabinet maker; I should not give as much as 3l. 10s. for the staves, if this one is a sample—I would not give 1s. each for them.
Cross-examined. I have seen Barron several times since January last—I met him in Curtain Road and in a yard on several occasions daring last year—he told me he was not living at home because he could not meet his creditors—he was living in Leman Street and Cable Street during 1884.
PAUL GREENWOOD . I am a timber merchant, and buy a good deal of timber—on December 13th, 1883, two men came to me offering to sell some staves—I would not be bothered with so few, and I think I referred them to Barron, but I do not remember—there was a van—I know Curtain Road and Leonard Road—I have been there 25 years—wood is certainly sold from vans there, and used to be much more than now—thousands of pounds' worth of wood are sold from vans there, and no invoices are taken—I have bought English timber, which is sent up from the country, and the agents sell it where they can—I saw nothing improper in it at all—the prisoner did not abscond; I have seen him in Curtain Road going about in the usual way—I do not know Cable Street.
Cross-examined. I cannot say whether Saunders was one of the men who came to me because it was dark—it is so common to buy off a van that I should not think of asking what right they had to sell it—you may see 40 or 50 vans standing in Curtain Road as the hay-carts do in Aldgate; it is a sort of mart for wood—the owners' names are on the carts, but they are not all timber carts—I have bought of persons I do not know very frequently—timber is sent from the country, and the carman gets so much money for the wood, and gets what he can—I did not know that
this was Messrs. Champion's van at the time, I did not look—I did not hear a person say, "Go away, somebody is coming."
Re-examined. I do not think I should buy wood from a van if I saw Champion's name on it, because they are not timber merchants—I have known Mr. Barron a number of years, and he has borne the character of a respectable man for anything I know—I have had several transactions with him—I have seen him several times about the neighbourhood since January, 1884.
By the JURY. Foreign wood is hawked about very frequently—there are men who sell cheaply at the best they can get, and sometimes they set a better price than I could—it is hawked about in the same way as firewood is.
The prisoner received a good character.
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
MR. WARBURTON Prosecuted: MR. H. AVORY Defended.
KATE SULLIVAN . I live at Mill Lane, Deptford—on January 10th I was with William Tobin in Mill Lane about 11.30 p.m., and saw the prisoners and another man there—Tobin said "Good night," and they began to jaw him—he jawed them back again, and Sinacoca put off his coat to fight Tobin, but John Tobin, his brother, came down and hit one of them, seeing his brother in danger—Socci had a knife in his hand—I had a baby with me, which I gave to my mother to hold—Socci ran after John Tobin with a knife, and when he came back the other two prisoners had William Tobin on the ground—I tried to get him up, and Socci stabbed me—I was taken to the hospital—I believe he had had a drop to drink—I do not suppose he meant to stab me—we had been in a public-house.
Cross-examined. We stayed in the public-house till shutting-up time—William Tobin was, I believe, a little the worse for drink—we had only been in the house an hour—John Tobin is a soldier—there had been some dispute between them, I believe—we said nothing but "Good night," and Sinacoca then said that he was not an Italian, he was a German—after they had been jawing I said good night to them in Italian—I did not shake hands with them or put out my hand—William Tobin did not object to my speaking to them—he talked to them in English, but I do not know what they were jawing about or what made him begin to fight—he did not fight with the one who pulled his coat off, he went for the other one—Tobin and one of the prisoners fought, and while they were fighting John Tobin came and hit one of the others—I did not see any one round or anything flying about—I have heard something since about
some brickbats being found on the ground, but that was done after I was taken to the hospital—I did not see either of the prisoners bleeding from his head—I said before the Magistrate that it was the middle one who pulled his coat off.
Re-examined. If I said before the Magistrate that it was Socci who stripped off his coat I meant the middle one—I am sure it was the middle one.
WILLIAM TOBIN . I am a labourer, of 66, Mill Lane, Deptford—on 15th January I was with the last witness in Mill Lane, and saw four Italians standing at the bottom of the fence—I said "Good night," and the middle prisoner said to me that he was no Italian, he was a German—I started laughing and they started jawing, and the middle one pulled off his coat and wanted me to fight; he is Sinacoca, tout we made a mistake in the names—he and I fought and had a row, and my brother came down and hit one of them, and Socci pulled out a knife and ran after him; and when he came back I was on the ground and the other two prisoners on top of me, and I got a bite on my shoulder—I cannot say who did it as I was at the bottom—Sille was at the top to the best of my recollection—Kate Sullivan came and helped me up—I showed the bite to the inspector at the station; it has festered once—I had had something to drink, but was not intoxicated.
Cross-examined. I do not speak Italian; I said "Good night" in English, but he replied "I am no Italian, I am German"—the only reason for that that I can see was that I burst out laughing—I did so because I cannot help it, I am always laughing, and they thought I was making game of them—I knew that they were foreigners—when I was talking I am always laughing—I had not much chance of hitting him when we fought, but I tried to—it is said that he got a wound on his head after I went to the station with Sullivan—I did not hear any noise, I was too busily engaged.
JOHN TOBIN . I am a private in the 87th Regiment, stationed at Portsmouth—I was at this public-house with my brother and waited behind him in Mill Lane to speak to a friend—I saw a row and saw two or three Italians on top of my brother—I went and gave him a little assistance, and then felt something go down my back—I saw one of them with a knife—I was taken home by some friends.
The RECORDER considered that the three prisoners could not be convicted merely because one of them bit the prosecutor; and that as the other witnesses did not prove who it was that bit him, it was of no use to call them.
NOT GUILTY .
MR. WARBURTON Prosecuted; MR. HORACE AVORY Defended.
KATE SULLIVAN . On this evening I was stabbed close by the left side of my back—I was taken to the hospital, and was there about a fort-night—I saw the prisoner stab me when I was stooping down trying to get Mr. Tobin off the ground—I saw nobody else with a knife.
Cross-examined. I cannot tell you which one John Tobin hit, but I believe it was the prisoner, because he ran after him with a knife—I do not know whether it was open—although I saw him do it I do not know who he meant it for; he was very drunk.
New Cross—I was in Mill Lane, and saw a number of people rushing about, among them the prisoner; he had something bright about three inches long in his hand, which I conclude was a knife—I do not say that he ran towards her, but he ran towards two or three with the knife in his left hand downwards, so that the blow would be a down stroke—she was helping the man to rise—I saw the blow struck, but do not say that it was intentional—she called out "Bill, I am stabbed"—I should say that he was drunk more or less.
Cross-examined. I called a constable, and identified the prisoner—there were more than 20 people, and a good deal of screaming.
THOMAS GORDON . I am a surgeon, of 45, Blackheath Road—on 21st January, about 11.20, I was called to the station, and found the prosecutrix in a state of great prostration, suffering from loss of blood—I found a wound on her back over the fourth rib, extending upwards and inwards about an inch and a half—I had to secure one artery to step the bleeding—it had bled very profusely.
Cross-examined. When the three prisoners were taken to the station Socci and Sinacoca both complained of having been struck with a bottle, and Sinacoca struck on his head, which was bleeding—I found some pieces on the spot of a square bottle which had been broken.
GUILTY of unlawfully wounding. — Three Months' Hard Labour.
MR. MEAD Prosecuted.
HANNAH HYAM . I am the wife of George Charles Hyam, of 51, Forsyth Road, Rotherhithe—the prisoner called on me on a Thursday before Christmas; he said he was an agent for the Sun Fire Office, and wished me to insure my goods—I said I would ask my husband, and told him to call again; I did speak to my husband, and I saw the prisoner, I think on the following day, and I paid him sixpence on account for a policy in the Sun Fire Office—this is the receipt which he gave to me; it is not on any form, only on a scrap of paper: "Mr. Hyam, 51, Forsyth Road, Sun Fire, Threadneedle Street, deposit 6d. 150l., 3s. W. D. Stewart"—he said he would send the policy on the Monday following—I have not received it—I did not see the prisoner again till he was in custody—he said his name was Stewart—the sum was to be 150l., the premium 3s.
JOSEPH ELLIOTT . I live at 15, Cumberland Place, Camber well—the prisoner called on me on 3rd January; there had been a fire just round the corner—he said he was an agent for the Sun Fire Office, and asked us to insure for 100l. at 2s. 6d. a year—I paid him a shilling on account, and he gave me this receipt on a scrap of paper—I was to have the policy in a few days—I went to 98, Cheapside; there was no fire office there—I then went to Sun Court, corner of Threadneedle Street—I have not received any policy—I did not see the prisoner again till he was in custody—I called at his house four or five times, but never could see him.
MARY ANN ADAMS . I live at 18, George Road, Rotherhithe, and am the wife of Frederick Thomas Adams—the prisoner called on me at the commencement of January; he represented himself to be an agent of the
Sun and Empire, also the Royal Liver Society, and asked me to insure against fire or life—I asked him to call again—he called on 7th January, and I insured for 200l.; I paid him 4s.—he said I should receive a policy in a fortnight—he gave me this receipt—I never received the policy—I did not see him again till he was in custody—I called at his house on 2nd February, and saw his daughter but not him.
LOUISA WALTERS . I am the wife of Robert Walters, of 12, Cumber-land Place, Camberwell—a fire had occurred in our neighbourhood shortly before the prisoner called on me—he asked me if I would like to insure for 100l. in the Sun—I said I could not say anything about it, I would ask my husband, and the prisoner called and saw us both—he repeated what he had said; he told my husband about the fire, and he agreed to insure for 100l. at 2s. 6d. a year—I paid sixpence on account, and he gave me this receipt—I was to pay the balance in that month; he promised to send the policy—I never received it, and never saw him again till he was in custody.
ELLEN GARLAND . I am the wife of John Henry Garland, 19, Victoria Square, Camberwell—the prisoner called on me about eight weeks ago—he asked me to join the Sun Fire Insurance; he said he was an agent—I spoke to my husband and saw the prisoner again at 4 o'clock, and I then agreed to insure for 150l.—I paid him 1s. on deposit—this is the receipt he gave—I never received the policy; he said he would send it in two or three weeks—I did not see him again till he was in custody.
MARY SUSANNAH CLARK . I am a widow, and live at 14, Russ Square, Camberwell—on 15th January the prisoner called on me and asked me to insure my furniture in the Sun Fire Office—he said he was an agent for that office—I agreed to insure for 100l., at 2s. 6d. a year—I paid him 1s.—he gave me this receipt—I did not receive the policy, he said he would send it on the following Saturday—I did not see him again till he was in custody.
FREDERICK HENRY MELHUISH . I am in the secretary's department of the Sun Fire Office—I don't know the prisoner—I had not seen him till I saw him at the police office—he never was an agent of the Sun Fire Office—I have heard the names of the prosecutors in this case; I have not had proposals from them for insurance in our office, either direct or through the Empire—it would be very unusual to receive proposals through another office; I know nothing about them.
MARSH RAY . I am a clerk in the Sun Fire Office, Charing Cross Branch—I have heard the names of the prosecutors; I have not had any proposals at our office for insurance on their behalf—we only issue policies at the City office and at our office.
JOHN WILLIAM MOORE . I am a clerk in the Empire Insurance Office, 9, Clements Lane; it was formerly in Cheapside—in July the prisoner was appointed an agent in our office; he was dismissed on 22nd August, 1884—this (produced) is a copy of the letter which I wrote to him on that occasion (cancelling his appointment)—I have not received any proposals in the names of the prosecutors—I have searched—in December last I received a list of proposals from the prisoner, which I handed to Mr. Gabriel, the solicitor.
prisoner on December 20th (cautioning the prisoner not to collect on behalf of the society).
—GODDARD (Police Sergeant). I apprehended the prisoner on 16th February on a warrant—I read the warrant to him—it charged him with obtaining money from Mrs. Adams—he said "I paid through the Empire"—he repeated that at the police-station after being charged.
The prisoner in his defence denied receiving the letter prohibiting him from collecting, and asserted that he was acting bona fide in receiving the sums in question.
GUILTY .— Six Months' Hard Labour.
365. JOHN PRICE (28) , Unlawfully obtaining by false pretences from John Ott 8lb. of pork, and from Richard Dalton 8 1/2 lb. of pork, with intent to defraud, and attempting to obtain other pork from other persons.
MR. FLETCHER Prosecuted.
RICHARD CHARLES DALTON . I am the son of Richard George Dalton, of Bow Road, Greenwich, butcher—on 19th February, between 9 and 10 p.m., the prisoner came to our shop and asked if I had a leg of pork about 7 or 8lb. to suit Mrs. Owen, of the Duke of York—I said I had—he said he would go and see if it would do—he came back again in about five minutes and said it would do—it weighed 8lb., and was 8 1/2 d. a pound—the prisoner asked for a bill—I gave him one made out to Mr. Owen, and he took the pork—I believed what he told me—I knew Mrs Owen; she is not a customer of mine—I believed he had been sent by her for the leg of pork, and so I parted with it.
Cross-examined. I am sure you are the man, I had plenty of opportunity of seeing you.
ELIZABETH OWEN . I am a widow, and keep the Duke of York public-house—I do not know the prisoner, and never saw him till he was brought to the Court—I never sent him to buy me any pork; he never brought me any.
MARIA ELIZABETH OTT . I am wife of John Ott, butcher, of 6, High Street, Plumstead—on the 6th of last month the prisoner came to my shop between 5.30 and 6 and asked me if I had a leg of pork to suit Mrs. Jope, of the Rose and Crown—she is a customer of mine—I said I had one—he asked me to weigh it; it weighed 9lb. 6oz.—he said he would go and see if it Would do, and came back and asked me to make a ticket of it—I did so, and gave him the ticket and the pork—I believed he was sent by Mrs. Jope; the same evening I communicated with her.
Cross-examined. I am sure you are the person.
WILLIAM FAHRBACH . I am a butcher at 106, Plumstead Road—between 6 and 7 o'clock on the evening of 5th February the prisoner came and asked if I had got a nice leg of pork about eight or nine pounds—it weighed about seven pounds—he told me he would go back and see if it would do—when he came back I asked him who it was for—he said "For the Dover Castle public-house"—I supplied that house—he being
a stranger I did not like to give him the pork and told him I would send it, and he went out then—I am sure he is the man.
ELIZABETH GALSDEN . I am a barmaid at the Dover Castle, Plumstead—on 5th February Mr. Fahrbach's man came in with some pork which I took and paid for—I had not ordered it—later on it was returned, and MR. Fahrbach gave back the money.
GEORGE ADAMS (Policeman R 205). I took the prisoner into custody on the evening of 20th February—he made no answer to the charge—on the way to the station he said he knew nothing about the leg of pork, he did not steal any—I only charged him with stealing one leg on the 19th, he was caught in the shop.
The Prisoner's Statement before the Magistrate. "I am very sorry, I was with two of my friends of the Royal Artillery whom I knew when in Edinburgh, and had been having whisky and beer on the 20th, It takes great effect on me. I was invalided from South Africa. Why I did it I don't know, and I am very sorry for it."
GUILTY .— Three Days' Imprisonment.
366. HENRY HARVEY (32) PLEADED GUILTY to obtaining by false pretences from Margarita Caroline Sapte 2s. 6d., Charlotte Mary Marsh 3s., and other sums from other persons, with a like intent.— Eighteen Months' Hard Labour.
Before Mr. Justice Day.
MR. POLAND, for the Prosecution offered no evidence on the Inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. RAVEN Prosecuted; MR. SIMS Defended.
JOSEPH HAMMERSLEY . I have this morning seen George Norris at the Montem Road, Catford—he is in a state of partial collapse, trembling and agitated; quite conscious—he is not fit to travel from, there to this Court and give evidence.
WALTER WREN (Inspector B). On 19th February I was at the police-court; George Norris was examined as a witness in this case—the prisoner was represented and Norris was cross-examined. (George Norris's deposition was here read: It stated that on 25th January, about 5.50, he was on duty in uniform in the Southend Road, Lewisham, and overtook two witnesses, when a trap came up behind him at a fearful rate, the horse galloping 15 or 16 miles an hour; that the prisoner Was driving, and that there were three other men in the cart; that the shaft struck him, and the horse knocked him senseless, and that the prisoner urged the horse on; that he had seen the prisoner driving before that afternoon, and had seen him at the Green Man; that one of the men said the bobby or b—is down; that there were no other vehicles in the road, which Was 50 feet wide; that there was no reason for the prisoner being so close to the side of the road, there beings nobody before of after where he was; that it was a clear
night, with the moon shining, and a lamp close to where he was; that he had been ill ever since, and would not be fit to resume duty for some time yet. Cross-examined. That he was travelling towards London about two feet from the near side hedge; that the near shaft struck him, and threw him on to the hard road; that he faced the cart when he saw it coming, but did not try any shouting; that it was frosty, but that he did not remember the roads being slippery; and that it was a spring cart. By the COURT. That the shaft struck him on the right arm, which he had raised, that spun him round, and then he was struck by the step, or something, and thrown on his back.)
JOSEPH HAMMERSLEY (Surgeon of Police). About 7 o'clock on the evening of 25th January I saw the constable at my house at Catford—he was lying on the couch partly conscious—shortly after he had a convulsive seizure, and then he was insensible for about five minutes, and then he came round and told me what had happened—I applied remedies—I found he had some injury to the head—I had him stripped, and found he had had some bruising under his right shoulder blade and on the right elbow, hip, and outer side of the tight foot—I found at the next examination a swelling about the size of a walnut at the base of the brain on the occipital protuberance—I was not satisfied there was any fracture, but I came to the conclusion there must hare been concussion, because the right pupil was dilated—I found no further symptoms; I have attended him ever since—I don't like his condition the last day or two, and he was taken to the chief surgeon of police at my request since I saw him to set his opinion—the bruises and injuries to the body were consistent with his having been knocked down.
Cross-examined. The partially conscious state was the result of injuries to the head, which would result from his striking his head against the ground—I think I heard that the vehicle struck him in the shoulder blade, and that is where I discovered a bruise—the injury to the brain might have resulted from his being thrown on the frosty ground—a slight blow will sometimes cause great injury to the brain—I observed no mark of his haying been struck in the front.
Re-examined. He was also bruised on the elbow, hip, and foot, and on the left shin also, I noticed afterwards—the injuries might have been caused by a man having partially turned round being struck forward, and then the wheel or step bruising the hip and elbow—there was no such bruise as if he had been struck by the shaft in the chest—he was stripped when I saw him—I don't know if he was in uniform.
JANE TURK . I live at 2, Acton Road, Lewisham, and am a servant—I was in the Southend Road on the 25th January, and heard a horse and cart coming towards me, meeting me—I was on the left-hand side by the kerb—I just got on the path, and they went past me, and when I turned round I saw the constable knocked down—I saw four men in the cart, which had two wheels, I think, and was a milk cart—it was going very fast indeed—I was on the kerb nearest to which the cart passed; it passed close to me—I was almost close against the police-man; he could almost have touched me when he was struck—I had noticed him before the cart came—I heard nothing to attract my attention before I heard the cart—the constable was walking.
Cross-examined. I had only just noticed the cart when I moved out of
the way—there was no frost, the roads were soft, and I could scarcely hear the cart until close to it—there is a path on which one might walk—I liked walking in the road—I had just met the constable before the cart met me—he was walking with others in the road on the near side, the same side as I was on—I had got past then and stepped on the path when I saw the trap coming; I had not time to warn the others, who were all behind me—I should have got on the path before if I had seen it before—I made no sound—immediately the cart passed me the constable was struck—I did not watch to see what pace it was coming—it was about 6 o'clock, between the lights; I could not see along the road plainly for the lights clashing.
By the COURT. The moon was as light as day, and the lamps were alight—the constable was knocked down by the horse—he was not far from the kerb at the time—the horse struck him first, and then, when the horse turned round, the cart struck him—the driver turned the horse after it struck the policeman, not right round, and then they drove on fatter than ever.
Re-examined. This is a country road, with a footpath on one side, but no regular kerb—the path is about six inches higher than the road.
HARRY HALL (Policeman P 171). About 6 o'clock on the 25th I was on duty at Catford, about 500 yards from the place, when I saw a horse and cart with four men in it coming along the street—(MR. SIMS objected to this witness's evidence, at it was concerning matters after the accident. The COMMON SERJEANT considered that, at part of the res gesta, it was admissible)—travelling as far as I could judge at 14 to 16 miles an hour—when they turned into Catford Road I ran after them—they came to a standstill at the foot of Catford Bridge—I got nearly up to them, and the man whipped the horse up and galloped over the bridge and got out of sight—I am not sure who was driving, it was the man sitting in the driver's seat—between where the man was run over and where I was on duty, 500 yards away, there is a little bend of the road, so that I could not see up to where the accident was—it is the same road—this was about 6 o'clock.
Cross-examined. I do not often see a vehicle going 15 miles an hour, a mile in four minutes—I should say this was going at that rate—I have seen a great many horses along the road—I have run a mile in five minutes, and I could not catch this—I did not run a mile in five minutes on that night.
HARRY FENTON . I live at 90, Court Hill Road, Lewisham, and am a shoemaker—on this night, a little before 6 o'clock, I was in the Southend Road in Norris and Woodfine's company, and there was a very deaf old gentleman, Mr. Taylor, with us—I was walking about a foot from the hedge; Mr. Norris was walking on the other side of me—on one side of the road is a footpath, and on the other a hedge, the left hand going towards London—the vehicle was going towards London—I heard "Hi" from behind me, and stepped into the hedge—at that moment the vehicle came up, and I saw Norris in the middle of the road, and ran after the vehicle and cried, "For God's sake stop and take the man with you"—I ran 200 yards after it, but became exhausted—I heard the whip continually going, beating the horse—I went back and found Norris still unconscious on the ground—Woodfine was with him, trying to bring him round—it was a two-wheeled cart—I did not see the young
woman till after the accident, she stood there then—it was all very sudden—the prisoner and three others were in the cart—I recognised him; he was sitting on the rail of the cart—I could not say who was driving:—I had seen him with a whip in his hand about 20 minutes or half an hour before outside the Green Man, about three-quarters of a mile from where this occurred—the vehicle was there—there were four of us abreast.
Cross-examined. The trap came behind us and overtook us—the police constable was walking in the same line with me in the road about three feet from the edge, I was on the near side, to the left and he next to me on my right; Woodfine was behind me—there is a path on the right-hand side of the road, and on the other is a cutting where they put turf and dirt from the road—you can wait along; there, it is not a regular footpath, but a track which you cannot walk along without stepping over the dirt.
Re-examined. There is no made footpath on the left-hand side, but on the right-hand side there is—I was going towards London.
CHARLES WOODFINE . I live at 26, Creeland Grove, Perry Hill, and am a painter—on the evening of 26th January I was at Southend Road a little before 6 o'clock walking about three yards behind the last witness, who was with Norris—I fancied I heard something behind me, turned round, and there was a horse and cart almost on the top of me; the horse was galloping; I pulled an old gentleman, Mr. Taylor, who was with me, out of the way, and shouted "Hi"—I heard no other shouts—I turned round and saw the shafts strike Norris and he fell, and I ran to his assistance, and the last witness, Fenton, ran after the cart and shouted—the horse galloped off with the cart—I did not take much notice of the cart, I looked after the constable who was in the road—I went with him to the doctor—I half carried him and he half walked—it is a wide road there, there was no other trap in it—it happened very suddenly—the men were travelling much too fast.
Cross-examined. It is a quiet road, it was between freezing and thawing—when I looked round I saw I was in danger, that it was close to me, and I pulled Mr. Taylor out of the way—I was on the left-hand side of the road, the constable was immediately in front of me, and Mr. Taylor was on my left between me and the bit of a path which looks as if it had been thrown up from the road—the regular footpath and a ditch were on the other side—the trap was about have or six yards from me when I looked round, I had just time to get out of the way—until within five or six yards I heard no sound of its approach—I could not say the pace it was going, the horse was galloping—I heard no shout from the vehicle—it was the rattle of the wheels made me look round, I think—I should think it was the shaft hit Norris first—I could not see if it was the horse or cart, he was about three yards in front of me.
WILLIAM LOMAS . I am manager of the Green Man, Southend—on this day I saw the prisoner about half-past 5 or 20 minutes to 6 o'clock in the bar with three men, he had a whip in his hand—I did not look outside—I did not see the trap, the ostler told me they came in a trap—they went about half-past 5 or 20 minutes to 6 o'clock, I did not notice them go.
day after the occurrence, I went to 51, Aylesbury Street, Walworth, and there saw the primmer—I said "Is your name Brown?"—he said "Yes"—I said "I want to speak to you about that little affair in the Southend Road last night"—he said "I know nothing about any little affair at Southend, I was not there"—I said "Have you a horse and cart?"—he said "Yes"—I said "Where is it?"—he said "You will find it in the stable"—I said "I should like to see it"—I said "Well, Brown, you will have to go with me to Lewisham, and I shall there charge you with furious driving and knocking down and injuring a police constable"—he said "I know nothing about it, I was not there—I took him to the station and he was charged—it is about three-quarters of a mile to a mile from the Green Man to the place where this occurred, I should think—the prisoner is a dairyman.
Witnesses for the Defence.
WILLIAM LARNER . I was with the prisoner in the cart on this day—Mr. Brown was not driving furiously immediately before the accident—I did not see the constable or those with him, nothing happened that I know of, we were going at seven or eight miles an hour, I should say—the trap could not travel at 15 miles an hour, it was an old horse which can go seven or eight miles an hour.
Cross-examined. It could not go faster—we had come from the Green Man, which was about half a mile back—there is a bend in the road between that and where this happened—I saw no accident—it was a very dark night and very slippery; there was a white frost on the ground—I saw nobody in the road—there was no light to the cart, and no gaslight, and no moonlight; it was about 6—the reason11 give for not seeing the man is that it was quite dark—I did not know that any accident had happened—the prisoner called on me and asked me to come as a witness—I saw about the accident in the paper; that was the first I knew about it—I did not go to the police-court, I was not asked—I am a bricklayer, living in Peckham—I know the prisoner well, and see him frequently; he lives in Walworth, about 100 yards from me.
EDWARD ROSS . I was with the prisoner in the cart on this day—we could not have been going more than eight miles an hour when this happened—I don't believe the horse could go faster than that; it is old, I believe, from what I saw of it—I had been behind it that afternoon—I saw nothing of the constable—I saw somebody, but did not know we had knocked anybody down—we met several persons on the road near the spot where I afterwards read about, and drove through them—they were on the near side of the road—we halloaed out just before coming to them—some got on one side and some on the other.
Cross-examined. We were not coming along the road halloaing out—we halloaed just as we got in front of some people; they all seemed to get clear as far as I could see—I saw no woman there, nor any constable—I had gone from the Green Man; we had nothing to make any one intoxicated—I saw no one knocked down—we travelled the same pace as if nothing was the matter—there was no collision—I first heard of it on Tuesday morning, two days afterwards—we live two or three doors from the prisoner, and my mother told me he had been locked up the previous night and charged with furious driving and knocking down the constable—I did not go before the Magistrate because I was not asked—I was asked to come here to-day—it was not very dark on that night; you could
not see beyond 50 or 60 yards in front—I did not notice any moon out—the gas along the road was alight—I saw no other vehicles at all as we came from the Green Man—the prisoner was driving; he was not using the whip, it was by the side of him; he used it occasionally along the road, but not from the Green Man to where the accident happened—I do not know where it happened—he used the whip as we turned round by the Black Horse, on account of the roads being so frosty—the horse stumbled—I had not ridden behind the horse frequently before.
Re-examined. That was beyond the place where we passed the people in the road—I did not know when we passed them that an accident had happened—if I had been asked to go before the Magistrate I would have gone.
By the COURT. I am a gilder; we only had three glasses at the Green Man when I was there.
ALFRED VALE . I was in the cart on this day the prisoner was driving—we went about 7 or 8 miles an hour; it was impossible to go 15 or 16 miles an hour with four of us in the cart and the roads slippery—we passed several people in the road from the Green Man—I was not aware we had knocked down or injured a policeman or anybody—I did not go before the Magistrate because I knew nothing about it till Monday, when Brown came and asked me to give evidence—as far as I know there was no moonlight; the gas lamps along the side of the road were lighted, as far as I know.
Cross-examined. I had met them and been in the cart since half-past 3—we had been as far as the Green Man and then came back—I could not see 50 or 60 yards along the road—it was a frosty night, the roads were slippery; I don't think there was any moonlight—I don't know the place where the constable was knocked down—I saw some people walking along; we halloaed out "Hi, hi," for them to get out of the way—we had been delivering milk—I am in the same business as the prisoner, and live two or three miles from him—I noticed nothing else, no obstruction—I did not hear anybody shouting to us to stop, no policeman—we stopped at Catford Bridge to light my pipe, and could not gallop over Catford Bridge, it was too slippery—I heard nobody shout when we pulled up at Catford Bridge; I had no notion of anybody following us—I had ridden behind the horse before—I am a wholesale milk carrier; the prisoner is retail—we only had two or three glasses to drink at the one house—I did not see anybody run over, and should be prepared to say nobody was run over.
Re-examined. I have heard a constable was hit—I have not heard of anybody being run over.
FREDERICK EDEN . I am a four-in-hand coachman; I have been a driver since very young, and have driven the St. Albans and Hampton Court coaches—it would be impossible to drive 15 miles an hour in this vehicle with four people in it, on a frosty night, no matter what kind of horse it was—you could travel about seven or eight miles an hour, not more—I should not be able to drive more than eight myself.
Cross-examined. I have not seen this horse or cart.
HARRY HALL . (Re-examined). The roads where I was over Catford Bridge were h rd and slippery, but at the bottom of the bridge it was between frost and thaw—the frost broke up on the morning of 26th Jan.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Justice Day.
MR. ISAACSON Prosecuted.
ARTHUR POWELL . I am 11 years old, and live at 63, Alvercroft Road, East Dulwich, with my father and mother—on 29th February, about a quarter-past 2 o'clock, I saw the prisoner up Alvercroft Road—I met him face to face—he threw some stuff over me out of a bottle—I felt something hot go over me—after I felt it I looked to see where it came from, and I saw the prisoner throw it like that—before I felt it on my neck I saw the prisoner throw something—he might have thrown it away to throw it in the road—I am not sure whether he wilfully threw it on me—I went directly home and my mother attended to me, and I was afterwards taken to the police-court to charge the prisoner.
JOHN POWELL . I am a carpenter, and lather of the last witness—on 20th February, about a quarter-past 2 o'clock, when I arrived home, I saw my wife wiping my child's neck—in consequence of what she said I took my boy to the police-station at once and charged the prisoner—I know something about the nature of spirits of salts—I will swear it was spirits of salts.
EDWIN SIMONS (Policeman P 79). On 20th February, about half-past 2 p.m., the father brought the boy to the station and said some stuff had been thrown over his neck, and face, and coat—he said he thought it was spirits of salt—I took him to the doctor's—we met the prisoner pulling a little two-wheeled truck, and the boy said "That is the boy"—he gave him in charge—the prisoner said he ran against the bottle and it went over him—after he was charged he said he was throwing it away and it went over him—there were about two spoonfulsin it, he said—this (produced) is the boy's jacket and also his shirt—the prisoner said his father used this stuff doing a bit of tinkering work, and after a time the goodness goes out of it, and he told him to go and get another halfpennyworth and throw that away, and he got another halfpennyworth—I ascertained that afterwards—I went and got the bottle in the evening, it had got a drop of spirits in it then.
HENRY VANCE . I am a milkman, and was in Crystal Palace Road on Friday, 20th February—I saw Wheeler and the witness in the middle of the road, coming in opposite directions; as Wheeler got up to the boy he had the bottle in his left hand, and as he was going by he was throwing it out of the bottle; he went on like that—he was walking on all the time—I don't think he did it intentionally—he went on steadily afterwards—there was no quarrelling—the boy put his hand up to his neck and went home crying—the prisoner did not run away.
Witness for the Defence.
MART ANN WHEELER (Prisoner's mother). My husband uses these spirits of salts, and in the morning my little girl went to fetch a halfpennyworth; it was of no use for the work my husband was doing—I told the prisoner to take it back, and he threw it away—he scattered it
out of the bottle; it was not done out of spite—there was only about two tablespoonfuls in the bottle.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. GOODRICH Prosecuted.
THYRZA COMPTON . My brother manages the Star and Garter, Abbey Street, Bermondsey—on February 4th, at 10 a.m., I served the prisoner with some whisky; he paid twopence for it and left—he came back in ten minutes, and asked me to give him 2s. 6d. for a half-crown, which I did—this (produced) is it—I told my brother.
Cross-examined by the Prisoner. I gave it to a young man to take to my brother, who came out and said it was bad.
WALTER HOPKINS (Policeman M 265). The prisoner was given into my custody at the Star and Garter—he said "I was standing athe dock gate and a sailor asked me to carry his bag from the dock gate to London Bridge, and gave me the half-crown"—going to the station Mr. Compton said "Where is the man who was with you?"—he said "I came in to get change, because I wanted to give a man sixpence to get him some dinner"—I found on him five shillings, two sixpences, twelve pence, and four halfpence, and two pawn-tickets, one for a jacket pawned the previous day—he gave his address 4, Amelia Row, Spa Road, Bermondsey—I made inquiries there.
Prisoner's Defence. I did not know it was bad.
GUILTY . He then PLEADED GUILTY ** to conviction at this Court in September, 1881, of a like offence, when he was sentenced to eighteen months' hard labour.— Five Years' Penal Servitude.
MR. GOODRICH Prosecuted.
LOUISA GIFFORD . I keep a chandler's shop at 133, Battersea Park Road—on January 30th, between 10.30 and 11 a.m., I served the prisoner with a halfpenny worth of blacking and two ✗farthing boxes of matches; she tendered a florin—I put it in the till, there was no other silver there, and gave her the change and she left—I found it was bad half an hour afterwards, and gave it to a constable in the evening—this is it (produced)—the prisoner was afterwards brought to me at the station—I am positive she is the woman.
FLIZABETH TATE . My husband keeps the Dewdrop public-house, Stewart Road, Battersea—on January 30th, about 9.30 p.m., I served the prisoner with a pennyworth of tobacco; she tendered a florin—I gave her the change, and put it on a shelf in front of the till—directly she was gone I examined it, found it was bad, and showed it to my son—I went out, saw a constable, went with him to the General Moore public-house, saw the prisoner there, and said "That is her, lock her up"—she did not speak—I am sure she is the person.
WILLIAM SAVAGE (Policeman WR 30). I went with the last witness to the General Moore, and saw the prisoner there—she said "That is the woman, I shall charge her"—I said "I shall take you in custody for uttering a bad two-shilling piece to Mrs. Tate, Dewdrop, Stewart Road"
—he said "Not me"—I said "Yes"—at the station she said that she was not the one who ought to be there; there ought to be others in it—I afterwards went to Mrs. Giffard's shop, who gave me the florin—she afterwards came to Wandsworth Police-court, and picked the prisoner out from five or six others—nothing was found on her.
(The prisoner in her statement before the Magistrate and in her defence stated that the money was given to her to get changed by a young man, and that she gave the change to him, and he was discharged at the police-court.
WILLIAM SAVAGE (Re-examined.). I apprehended a young man from information I received, not from the prisoner, but from somebody else—he was charged with being concerned with the prisoner—I got Mrs. Croker, who keeps a baker's shop, but she failed to identify him—I have seen him in the prisoner's company a great deal lately.
GUILTY .**— Fifteen Months' Hard Labour.
372. ALFRED RUSSELL, JOHN COLLETT , and GEORGE TETLOW, Unlawfully obtaining by false pretences from Alonzo Mears 2s. 6d., with intent to defraud, and other sums from other persons with a like intent; also counts for conspiracy.
MESSRS POLAND and GOODRICH Prosecuted; MR. GILL Defended.
HENRY NAVIN . I am chief clerk at the Southwark Police-court—on 30th January I took down the depositions of John Tetlow in the case of Collett and Russell and then on the remand on 6th February—Tetlow was further examined—he was not then charged, but Collett and Russell were under the Vagrancy Act, and he tendered himself as a witness for them—I took down his evidence in this note-book, it is not signed by him, (The deposition of George Tetlow stated that he was superintendent of the Volunteer Fire Brigade at Elmira Street, Lewisham, and that the Brigade had assisted in extinguishing fires; he produced the balance-sheet and first annual report showing that they had 268 annual subscriptions and applied the money to the purposes of the Brigade.
Cross-examined. Russell and Collett were charged under the Vagranoy Act on the first occasion and on the remand on 6th February—the police were the complainants, and they produced Mr. Webb on the first occasion and he gave his evidence—the prisoners asked that the case might be put back to the end of the day that their superintendent might come, and he came at the end of the day and went into the witness box and volunteezed, I think, nearly all the statement I have read—Mr. Bridge asked some questions—the balance sheet was produced, not put in—this is it—I don't think the letter from the London, Liverpool, and Globe Insurance Company was produced at the time—he said they had attended several small fires, and he mentioned one particular place in the High Road, Lee—these books containing subscribers' names were produced, and referring to that he said the initials were his, they were put in evidence by Tetlow—I think Russell and Collect produced this authority from Tetlow to collect subscriptions when they were charged, and applied to be put back that Tetlow should come and corroborate them—the charge was altered from begging to false pretences and conspiracy on 6th February, when they were remanded to the 13th; they were all included in that charge—Tetlow was given into
custody on the second day after giving evidence—the only member of the public who had given evidence at that time was Webb.
Re-examined. The fire in the High Road, Lee, was the one for which the London, Liverpool, and Globe Office thanked him.
JOHN CHRISTOPHER WEBB . I am assistant to Mr. Mears, of 137, Newington Causeway—on 29th January, about half-past 8 p.m., Russell and Collett came in—Russell said "I have called for the firemen's Christmas-box"—I called to Mr. Mears, junior—he came out and said "We always give the firemen a Christmas-box," and he took out 2s. 6d. from the till and gave it to Russell—Russell produced two books and asked me to sign in one—this is the entry in my writing, "Mears, 2s. 6d.," with the address and the date—they carried the book open, and it was laid open on the counter—I could not see the outside of the book, or any other part of it—I gave them the half-crown in the belief that they were the Metropolitan Fire Brigade—if I had seen the outside of the book I should not have given them any money—they said nothing about belonging to a Volunteer Fire Brigade—their dress was like a fireman's uniform, as far as I know; they had peaked caps on.
Cross-examined. I have told all that was said—there was nothing to prevent my taking the book into my own hands and looking at it, it was lying on the counter—I looked at the part open and saw the neighbours had subscribed—the uniform did not induce me to subscribe, because I have not taken particular notice of the uniform of the Metropolitan Fire Brigade—on the back of the book is "South London Fire Brigade"—I did not look at it at the police-court—the police communicated with me.
JOHN COBB . I am a butcher, of 161, Newington Butts—on 29th January two men, whom I cannot identify, came in and produced a book similar to this—I asked them what they wanted—one of them said "You gave me something last year, I have come to see you again"—I said "Oh, but where are you from?"—"Oh, we are from the Metropolitan Brigade"—I said "Are you from Kennington Lane?"—they said "No, we are from the whole district, the Metropolitan"—I gave them a shilling and entered my name and 1s. in the book—I see now that the 1s. has been altered into 1s. 6d.—the dress was something similar to what they have on now, I saw the buttons on the coat—I parted with my money for the good cause, for the Metropolitan Fire Brigade.
Cross-examined. I know there are a large number of fire brigades round London that do good work—I know nothing about this one; I am making no charge here—I took the book when I entered 1s.; I could have looked at it, I did not—they were not there a minute, I should think—I did not pay much attention to what was said—the police communicated with me.
By the COURT. I do not recognise the men; one was tall and the other I short.
ROBERT TOMLIN . I am a ham and beef seller, at 117, Newington Causeway—on 29th January Russell and another man, whom I am not sure of, came in—Russell said "Well, we have come to see you again, we were here last year," and he produced two books, and they showed me my signature with 2s. 6d. against it—they said they represented some fire brigade, I won't be certain it they mentioned any particular one—they were wearing the same clothes as they are now—they came as fire-men, but with overcoats—I asked him if it was genuine—he opened his overcoat and said "You see it is genuine," showing his dress—I gave
half a crown and wrote my name in the book they handed me, thinking it was the old fire brigade—he said it was for the whole of this side of London—the book was handed to me open; I did not look at the cover.
Cross-examined. The first book produced had my own signature in it—I believe it was mine; I have no doubt about it, it referred to a subscription I had given a year before—I had the book in my hands, it was neither of these, but similar—I will swear they did not say the South London Fire Brigade—I said at the police-court I would not swear they did not say the South London Fire Brigade—I have had time to think over it since then—I addressed Martin as I came into Court; I was merely subpoenaed to come here—I thought the object I gave for was the London Fire Brigade; I did not think it was for any volunteer or outside one—I don't know of any volunteer fire brigades that do excellent work.
ANNIE MARSHALL . I am Henry Marshall's wife, and carry on business as a milliner at 155, Newington Causeway—on the 29th of January, about 7.30, Collett and Russell came in, and Collett said they had come from the Fire Brigade for a collection for the Brigade, and they showed me a little book; not one of these—they signed it themselves—I gave them two shillings—Mrs. Best, my employer, was there—she said "There is two shillings, give it to them, Mrs. Marshall, and I hope they will attend to us in case of fire"—they said "Well, the brigade is very near," and I thought it was very near in Newington Butts—I parted with my money because I thought it was for the Fire Brigade—we always do give—I did not ask them where they came from—they said very near, and I believed that when I gave the money.
Cross-examined. The book was not so large as this—I did not see this book at the police-court; they must have been keeping✗two books—I cannot say if I said before the Magistrate "I did not turn over the book to look"—I have not talked over the matter with Martin much—I have seen him here every day; he has not mentioned it to me.
Re-examined. I have seen a large red van nearly opposite my business place.
JOHN NEWARK . I live at 28, Newington Butts, and carry on business as a blind maker—on the evening of 29th January Russell came in, and said he came on behalf of the Fire Brigade for the annual subscription or collection—I said "What station do you belong to?"—he said "Kennington Lane"—he was in the usual dress—I saw the buttons on his coat—I called my wife, and she asked the prisoners where they belonged to, and he said again "Kennington Lane"—I had no change, and my wife gave him a shilling—he mentioned that several of our neighbours had given money, and showed the book, which my wife took in her hand—I believed the thing was genuine, and that he came from the Kennington Lane Station—I don't think I should have given anything if I had believed otherwise—Kennington is close to Newington.
Cross-examined. I don't think I should have given if I had known he came from Lewisham or any other place—I was not called before the Magistrate—I did not see this case in the newspaper; I come on public grounds—I heard from my daughter of it, and went to Kennington Lane Fire Station, and then to the police—I first gave my evidence before the Grand Jury—I know nothing about the South London Fire Brigade—I thought these men represented the fire station close by—he had a book
in his hand—I believe I saw Mrs. Cobb's and several neighbours' names in the book; he showed me the names.
Cross-examined. There are several Volunteer Fire Brigades round London; possibly 15, not 20.
FREDERICK ROBINSON . I am an engineer to the Metropolitan Fire Brigade at Lewisham—the station of the South London Volunteer Brigade in Elmira Street is about a mile and a half from the Catford end of Lewisham where I am, and from four and a half to five miles from Newington.
Cross-examined. I saw Tetlow at a fire; not the other men—they had a kind of cart with them then—I called their place a shed when before the Magistrate; it was not much more—I never was inside it—the cart was similar to what we call a hose cart; it carried a small quantity of hose and some ladders—it was similar to that in this photograph—I saw a small quantity of hose in it—I could not say how many feet; it was not the usual quantity carried in a manual fire engine—I know of Volunteer Fire Brigades at Forest Hill and New Cross—at this fire these men were before us—there was a fire at Mr. Hancock's, High Road, Lee, a barber's shop, on 25th July—these men were there at a hydrant when I got there—I don't know of a fire at Mr. Machin's, nor at Harrison's nor at Roach's.
Re-examined. The Metropolitan Fire Brigade is not allowed to solicit subscriptions or donations in this way; it is supported by ratepayers and insurance offices.
ROBERT HOLMES . I live at 76, Old Street, Lewisham, and 76 and 77, Elmira Road, are my property, and are occupied by the South London Volunteer Fire Brigade—I let them to Tetlow in July last—they consist of a residence and a coach-house, and the rent is 10s. a week; I pay rates and taxes.
Cross-examined. I have made no inquiries about Tetlow because he is a weekly tenant—I do not know what he was—they kept there the hose, two hose carts, and pipes, and hooks, and ladders, and ropes—I have seen a pony there occasionally—Tetlow has not shown me letters from insurance offices thanking them for what they have done—the place is fit to keep any gentleman's carriage in.
Re-examined. I have had my 10s. a week up to the last four or five weeks.
GEORGE THOMAS MARTIN (Police Sergeant M). On 29th January I was in Blackman Street, Southwark, with Cox, about half-past 8 o'clock, and saw Collett and Russell each with a book enter several shops; they were dressed in firemen's uniforms, similar to the Metropolitan Fire Brigade, with caps with peaks, also similar—I saw them enter Mr. Pond's, the chemist's, at 41, Blackman Street—I followed them, and after Russell had been in a few minutes I went in—I saw the assistant behind the counter examining the book; he said "I am afraid I cannot give you anything unless you can refer us to some one;" Russell said "It is an annual subscription, I don't know what you gave last year, I was not round myself; it might have been 1s., or 2s., or 2s. 6d.; or something like that"—the assistant then returned the book to Russell, Collett standing by—as they were leaving I said "I suppose you are after your Christmas-
boxes, firemen?"—Russell said "No"—I said "Then what Fire Brigade do you belong to, the Metropolitan Fire Brigade?"—he said "No, the South London Volunteer Fire Brigade"—I told them I was a police officer, and should take them into custody for begging—I was in plain clothes—Rusell said "I am not obtaining by fraud, this is not the first time I have been up; I have authority from my superintendent to collect"—I took them to the police-station near, and examined the book—I found Mears's name, and communicated with him, and they were charged with begging—I searched Russell, and found on him 2l. 1s. in silver, and 2l. in gold, this photograph of firemen in uniform, some memoranda, and an authority—I examined the books, and found that about 12l. 2s. had been collected between January 7th and 29th—I went to Elmira Road, Lewisham—I found two ladders about 6 feet long, they could be joined together, and some 12 feet ladders, two metal branches, two stand-pipes, two small hand-pumps, one connecting pipe, about 400 feet (I did not measure it), of canvas hose, perfectly new, and which had not been need apparently, stamped "Tetlow," four buckets, five helmets, five pairs of boots, four axes, two pieces of rope, and a rather small cob horse—that was all I found; there was no engine—the place was about five miles from where I found them begging.
Cross-examined. I found two hose carts there—I have a list here of what I found—t did not put the carts down on that because I thought I should remember them—the horse was something more than a cob; I should think it was old, I would not say whether it was old or young—thare was one door, with very decent rooms above—I should say it was built for a coach-house and stable; it was not a shed, it was perfectly well built—there was nothing the matter with the carts—I wanted to find an engine—I had heard something before I stopped the men—I did not know them, and had not seen them before to my knowledge—when I charged them with begging I did not know what the premises were like at Lewisham, nor that there were carts there—the inspector telegraphed to me when I had taken the charge—I signed the charge-sheet as one of begging—I did not ask if they belonged to the Metropolitan Fire Brigade with a hope or view of their saying yes—Russell said, "I am authorised by my superintendent to collect, and pay it to our account"—I said before the Magistrate that Russell said he had been up before. (Those words did not appear in the deposition.) It must have been left out; I thought it was taken down—I signed it as being correct, under the impression it was there; I know I said it—at the time I charged them I had not examined the place nor given evidence—when giving evidence I said I did not know the distance to the place, but I should imagine it was seven miles—I said when recalled it was not seven miles—I made no search at the place for papers and documents because I was not authorised to do so—Tetlow gave evidence before the Magistrate—Russell asked him if he had attended fires, and he named one and said he had attended several small ones—I know he produced a letter, I don't know what it was—they were charged with obtaining money under false pretences on the second remand I think—I served a summons on Tetlow before the first remand—he attended voluntarily at the police-court the first day and gave evidence—no persons from whom money had been obtained signed the charge-sheet—
I did not search the place.
Re-examined. I was directed to go and make inquiries and went, and to serve summonses on the prisoners of the other charge.
ARTHUR COX (Detective M). I was with the last witness on 29th January about half-past 8 or a quarter to 9, and saw Russell and Collett go into the King's Arms and into a shop adjoining that, Mr. Joel's, and then into Mr. Pond's—Martin went in, I stopped outside—afterwards Martin called me, and in my presence told the prisoners that he was going to charge them—I told Collett he would have to go to the station with me—he said, "We are only collecting for the South London Fire Brigade"—I took this book (C) from him—he said, "That is where we enter the money that we collect—I have examined the book—it covers from 22nd December, 1884, to 29th January, 1885—in that time the amount collected is 30l. 15s. 4d.—I searched Collett and found on him a tobacco-pouch, 1l. 11s. 3d. in silver, and 4d. bronze—I went with Martin to the premises on the second occasion.
Cross-examined. We did not look for books and papers there—we saw a fireman there—we asked for the book—I cannot say if these men were called to fires—I did not know the men before they were arrested—I believe Russell said at the station that the money he received he accounted for to the superintendent, and he produced a paper authorising him to do so signed "Tetlow"—I did not sign the charge-sheet—I saw the amounts received had been initialled as received by the superintendent.
HARRY MORGAN (Police Sergeant T). On 5th December I saw Russell in Lime Grove, Shepherd's Bush, a house with "The West Metropolitan Fire Brigade" up on it—I said, "I am a policeman; what experience have you had as a fireman?"—he said, "I have been here five months"—he then left and went away—I saw others there, but no one here now—that place does not exist now.
Cross-examined. That was a registered fire brigade.
Witnesses for the Defence.
WILLIAM AYRES . I am a fishmonger, and live in the High Road, Lee—I have known this South London Fire Brigade since it has been in the neighbourhood—anybody passing by this place would think it was a fire brigade station—I know of their attending the fire at the barber's, where the Italian was burnt to death—it was 40 or 50 yards above me—the prisoners came within 20 minutes of the first alarm being given, and set to work, and the people cheered them for their alacrity—Tetlow directed the hose, and put the fire out in front—they saved two houses, and confined the fire to the one—Machin's was next door.
Cross-examined. That is the only fire I know of their attending; I have heard of their attending another.
JOSEPH HUMM . I am a voluntary witness—I know of these people having established a fire brigade—I know of their attending this fire immediately; there was no loss of time whatever—I saw them working, and helped them—Tetlow worked very well—undoubtedly the next shop would have caught but for them, and the people cheered them very much, and the local Metropolitan Fire Brigade was hissed when it arrived for being late—it was 20 minutes behind.
Cross-examined. This was the same fire in July.
The Jury here stated that they desired to stop the case.
NOT GUILTY .
MR. GOODRICH Prosecuted.
JOSEPH HENRY RAWLINGS . I keep the William IV. public-house, Old Kent Road—on 19th February, between 4 and 5 o'clock, the prisoner came in and asked for a small lemonade, price 2d.; and handed me this florin—I broke it with my teeth, told him it was bad, and asked him where he got it from—he said, "I have just bought half an ounce of tobacco at the tobacconist's shop next to the George public-house, and changed half-a-sovereign; if you give it me back I will take it to the shop where I changed the half-sovereign and purchased the tobacco"—there is a tobacconist's near me, next to the George—I believed his statement, gave it him back, he left the house, I followed—he went in the opposite direction to the George—I called a constable's attention to him; he told me to follow him—the prisoner went on in the opposite direction—I eventually spoke to the constable and stopped the prisoner—I asked him where he was going—he said to the tobacconist's—I took the florin out of his hand, and the constable came up and took him.
HENRY PARISH (Policeman P 46). The last witness spoke to me, I followed, and eventually the prisoner was handed over to me on the charge of uttering a florin—I asked him where he got it—he said, "In the shop," pointing up in the direction he was going, the opposite direction to the George—I asked him if he could point out the shop—he said, "No, he came from Deptford"—he gave me the address, 4, Albert Terrace, East Street, Walworth—there is no such place—I found no tobacco on searching him—when I pointed out that to him he said he threw it away in the road—on searching him I found three half-crowns, two florins, ten shillings, six sixpences, and 6d. in coppers.
The Prisoner's Statement before the Magistrate. "I was trying to find the tobacconist's when he stopped me."
GUILTY .— Six Months' Hard Labour.
MR. GOODRICH Prosecuted.
HENRY CHARLES RENDALL . I assist my mother in the post-office in Ferndale Road, Brixton—on 14th February at 4.30 the prisoner came in and asked for a shilling's worth of stamp, and my mother who was beside me handed him the stamps—he tendered half-a-crown in payment, and she gave him 1s. 6d. change—after the prisoner had gone my mother called my attention to the half-crown—she weighed it—I did not lose sight of it, I cut a piece out of it with a knife—I left the shop and watched the prisoner, taking the half-crown with me—I saw him walking about 200 yards off—when he saw me coming he ran—I chased him down eight or nine streets, and then he jumped into a tramcar—I jumped in as it passed me, found him inside, called a constable, and gave him in custody—at the station he said that he had done enough lately, and that if he got out of this job he would do for me—this is the half-crown.
THOMAS WILSON (Policeman W 258). I was called to the tramcar and the prisoner was given into my custody—he made no reply to the charge—a shilling's worth of stamps, 1s. 6d. in silver, and a pawn-ticket
were found on him—he said "I refuse my address"—he was sober—the last witness gave me this half-crown.
The prisoner in his defence said that the half-crown was given to him by a gentleman for some work he had done, and that he had not intended to pass it unless he was driven to it.
GUILTY .— Four Months' Hard Labour.
MESSRS. POLAND and GOODRICH Prosecuted; MR. TORR. defended Cater.
ALFRED STONE . I am barman at the City Arms, West Square, South-walk✗—on, Saturday night, 1st February, about 25 minutes to 11 o'clock, the prisoners came in together—Cater called for half a pint of bitter and half a pint of mild and bitter, price 3d.; he put a florin down on the counter in payment—I picked it up and took it to Mr. Craddock, who went round the bar and stopped both the prisoners—when I turned to Mr. Craddock I heard one of them say "He has tumbled to it and he is showing it to the bloke"—Mr. Craddock took charge of the florin—a constable was sent for, the prisoners were given in custody.
Cross-examined by MR. TORR. I told the Magistrate about the words "showing it to the bloke." (This phrase did not appear in the deposition.) I had never seen Cater in the place before—Mr. Craddock told them it was bad when he went round in front of the counter, he stood at the door of the compartment—I didn't notice any more, I went on serving the customers—the only time that they were told it was bad was when they were going to be given in custody—I signed my depositions on the remand day.
THOMAS GEORGE CRADDOCK . I keep the City Arms in West Street—on this day the barman showed me the florin—I saw it was bad broke it in the tester, and came to the front of the bar—I heard Bennett say "He has tumbled to it; for he has shown it to the bloke"—I went round and said "I shall detain you and I shall detain the coin"—he said "Give me a part of it," and that he had got it from a public-house in Farringdon Street—a constable was sent for—Cater then said he got it from a man for pulling a barrow from the Borough to Battersea—I asked Cater if he had any more—he said no, that was the only one they had got, and afterwards he said "I dare say you think yourself very clever giving us into custody, we shall only be turned up when we get before the beak in the morning, for that is the only one we have got on us"—I saw Bennett in my house some weeks previous, I remembered his features—while he was there a bad two-shilling piece was found in the till.
Cross-examined by MR. TORR. That was about Christmas time, when we have more people in than usual—there had been only one two-shilling piece I did not know who had tendered that—I did not charge Bennett, he may have been at my house several times, I can't say—I am not prepared to swear that that other florin was not found last November, I have never seen Bennett except on these two occasions—I have not talked over this with my barman—Bennett did not say whether he had got the coin from, a man for whom he had pulled a barrow, in a public-house or in the street—I asked Cater if he had got another one before I threatened to detain him—he said "No;"
Cross-examined by Bennett. You were within four or five feet of me
when I heard you say I had tumbled to it, only the counter was between us.
Re-examined. I should not ordinarily give a man in custody for uttering one piece, but what determined me was the language I heard.
EDWARD BIRCH (Policeman L 224). I was called to this house and received the prisoners—the landlord handed me a piece of a bad florin—Cater said that he had received it from a man for dragging a barrow from the Borough Market to Battersea on Friday, and he received the money at half-past 11 o'clock—this was the Saturday evening—Bennett had nothing to say—I found on Cater 6 1/2 d., and on Bennett 6s. 6d. in silver and 2s. 7d. in bronze—Cater gave his address 36, King Street, Borough Road—I asked Bennett his—he said "I have no fixed abode"—afterwards he gave me an address, 72 Block, Artisans' Dwellings, Gunn Street, Blackfriars Road, where he used to live.
Cross-examined by MR. TORR. I made inquiries at the address Cater gave, it turned out to be correct—I found that his parents were respectable people and that there was nothing against him—he said before the Magistrate when charged that he did not know it was bad.
Cross-examined by Bennett. I went to where you lived, I found nothing wrong there.
Re-examined. That was where his mother had lived, she died about Christmas.
The prisoners before the Magistrate and in their defence denied knowing that the coin was bad.
GUILTY.— Judgment respited.
MR. POLAND Prosecuted.
WILLIAM BLADES . I am a chemist and druggist, of 5, Martin Terrace, Wandsworth—about 1 o'clock on 11th February the prisoner came and asked for a seidlitz powder in a paper, and I gave it to him; the price was twopence—he gave me a florin, which I saw was bad—I went round and locked the shop door, and said "I think you have given me a bad coin"—he asked to look at it—I refused—he pulled out his purse and said he had got a half-crown, which I would not take—I tried the florin with acid, satisfied myself that it was bad, and sent for a constable, to whom I gave the prisoner in custody with the coin.
Cross-examined. I did not tell you it was a bad florin till I had locked the door—you remained quiet; you did not attempt to escape.
GEORGE HORWOOD (Policeman V 86). I went to Mr. Blades' shop—he told me that the prisoner had tendered him a counterfeit florin—I told him I should take him in custody—he made no reply—I took him to the station and charged him; Mr. Blades gave me the florin—the prisoner was asked by the inspector in my presence how he came by it—he said "Last night I took three in change; I have passed the other two; I did not know they were bad"—he gave the name of Alfred Norman, and said he would not give his address; he did not want to bring his friends into disgrace.
Cross-examined. You did not say you took the three in change for a half-sovereign—you first made a statement that you came from Liverpool last night—you said nothing about stopping at a coffee-shop.
Re-examined. He did not say where he got the florins from—a good half-crown and a penny were found on him.
ALFRED BROWN (Police Sergeant T). On 30th December I was in plain clothes—I saw the prisoner and two women at the corner of Argyle Road, Kensington, talking—I watched them; they went in the direction of Hammersmith—in Abingdon Road the women left the prisoner, and went into No. 11, a dairy shop; he waited outside and went to the top of the street; about 50 to 100 yards off—as soon as the woman came out I went in and spoke to Annie Williams; she showed me a shilling, which I saw was bad—I followed the women who had joined the prisoner, and I and a police officer took the two women and prisoner in custody—I said to the prisoner "We are police officers, we shall take you in custody for being concerned in passing bad money in Abingdon Road"—he said "I don't know anything about it; I don't know these women; I never saw them before"—one of the women, Brosson, said "Oh my goodness, I know nothing about this; I don't know this man"—I took the prisoner, searched him, and took him to the station—I found he had got a bag with two eggs in his waistcoat pocket; I asked him how he accounted for the possession of the two eggs—he said "I picked them up in the road"—I also found a good shilling on him, and a half-crown and twelve pence halfpenny in bronze—at the station he gave the name of Ernest Ray—the women were also charged; they were all taken before Mr. Paget on 31st December, remanded to 2nd January, remanded again to the 9th, and then all discharged—I produced before the Magistrate the bad shilling which I received from Mr. Jones—after the prisoner was in custody, charged by Mr. Blades, he was taken to Wandsworth Police-court—I was there on 20th February to give evidence, and I saw outside the Court one of the women who had been with him on the 30th—no eggs were found on the women.
ANNIE WILLIAMS . I am 14—I live at 11, Abingdon Road, Mr. Jones's dairy shop; he is my uncle—on 30th December, at 7 o'clock, two women came in; I served them with two eggs, which came to 1 1/4 d. each; they gave me a shilling—I gave them change—they left, taking the eggs with them—I put the shilling on one side, where we keep the coppers for change—I noticed there was "one shilling" on it; it was not all worn smooth—afterwards my aunt came into the shop, and I put the shilling in the till—directly afterwards the constable came and spoke to me, and I took the shilling out—there was another shilling in the till, which was worn quite smooth—I am quite sure the one I took out and showed to the policeman was the one the prisoner had given me—afterwards my uncle took it to the police-court and gave it to the policeman.
JOHN JONES . I saw two women in the shop being served on 30th December by my niece as I was leaving the shop—on returning I saw Brown there, and Annie Williams took the shilling from the till—she showed it to me, it was a bad one; I kept it, took it to the police-station, and gave it to Brown, the officer.
The prisoner in his defence stated that he had already been tried on the first case and acquitted, and that as to the second, his conduct in remaining in the shop, and not attempting to escape, was not that of a guilty man.
GUILTY . He then PLEADED GUILTY ** to a conviction of felonious uttering in March, 1883, in the name of Arthur Stone.— Five Years' Penal Servitude.
MR. CARTER Prosecuted.
HENRY BLUNDEN . I live at 20, Meyrick Road, Battersea—on Sunday, 1st February, I shut up my house and went to bed at half-past 10, leaving the doors and windows secure—about 3 o'clock a policeman called me—I came downstairs and found the front parlour window open—on the table in that room had been a cup the day previous—I had seen it before I went to bed, and when I came down with the constable it was gone; it was electro, and worth about 25s.
JOHN ADAMS (Policeman V 88). I was on duty on the night of 1st February in the Paulton Road, at the corner of Lavender Road, Battersea—at 1.15 I saw the prisoner in Lavender Road looking down areas in front of houses, calling "Bill" very quietly, and whistling in a very low tone—I got in a dark doorway, the prisoner came within four yards of me, but did not notice me—he took this cup from underneath his coat, the left side, stood near the lamp post, and looked at it—he then went three yards from the lamp and put the cup on the doorstep, he stepped two paces, and called "Bill" and whistled very quietly again, and was in the act of taking something else from his pocket—he came back to the door, and was in the act of taking the cup, with his back to me, when I made a spring and caught hold of the tail of his coat—I overreached myself, we both fell in the road; the cup was dropped—I stooped to pick it up, and the prisoner made off—I pursued him, I did not lose sight of him; he ran about 100 yards and got into a garden in the Salcott Road—I noticed the gate open, looked in, and saw him kneeling down under a small tree in the front garden—I said "Come out of that"—he got up and said "You b—, if you don't let me go I will cod you"—he made a kick at me—I had a lamp in my belt; I bowed to him as he kicked, and his foot caught the bullseye of my lamp and knocked it out—I knocked him down with my fist—we struggled for 20 minutes or quarter of an hour—he said "I will give in; for God's sake don't fall me, you are the best man," and he cried "Murder" and "Police," and said "I will go with you quietly"—he got up, and as soon as he got up he had a stone or something in his fist, and struck me several blows in the eye, causing it to be swollen and black for a fortnight—he kicked and fought to get away; I blew my whistle—he said "All right, I will go quietly with you"—I took him to the station with the assistance of three other constables—he was charged with unlawful possession of the cup—he said "I know nothing about the cup"—I then went back and saw the front parlour window of 20, Meyrick Road open—I called Mr. Blunden up; he missed the cup from the parlour—I took a boot from the prisoner to 20, Meyrick Road, and compared it with two footmarks by the front window—they corresponded—I saw some marks on the window sash where the catch had been forced back, and the window was open—this is the cup the prisoner took from his coat and placed on the doorstep—he was about 100 yards from 20, Meyrick Road when I first saw him—he said nothing when charged.
Cross-examined by the Prisoner. I did not ask you why you were whistling—the Est Road is between the Falcon and Lavender Roads—I watched your movements, and did not speak to you till I took you in custody—I never lost sight of you—I saw three policemen come along
there—we can turn our lamps on to one another if we require assistance; I did not do that—I whistled for assistance after the struggle—the prosecutor and his son were there when I took your boots back—the front garden is soil where flowers had been planted, and has been recently dug up.
The prisoner in his defence asserted that he was nowhere near the constable when the cup was found.
GUILTY .—He then PLEADED GUILTY ** to a previous conviction of felony in June, 1883, in the name of Charles Beaumont; there were a large number of other convictions against him.— Five Years' Penal Servitude.
There was another indictment against the prisoner for stealing another cup on the same night.
The Jury considered the constable's conduct worthy of attention, and the Court commended him.
Before Mr. Recorder.
MR. LILLEY Prosecuted.
WILLIAM HUMPHREYS . I live at No. 1, Parade, Lambeth "Walk, and am a carman—at five minutes to 12 on Saturday night, 15th February, I was passing across St. George's Road to see to my horses before I went home, and just before I got to Union Street, in the London Road, I saw the prosecutor—he was not particularly drunk; he had had a glass or two, just a little merry; the prisoner Williams was arm-in-arm with him and Garrod was following close behind—they tried to get the prosecutor down a bye turning in Union Street, he resisted, and got away from Williams; Williams came up to me and said "What is it to do with you? he is my friend"—I said "He is not your friend"—he made a strike at me, he did not hit me—he got hold of the gentleman's arm again and said "Are you coming home along with me, Harry?" the gentleman said something to him, what it was I don't know, but they walked together as far as Garden Row; I watched them just behind—Garrod then came up to me and said "Is that your pal watching us?"—I said "I have got no pal"—he said "We'll get him away; if we could get him down one of these bye turnings we are sure to do for his watch and chain," which the gentleman wore—I should not have taken so much notice in watching him if I had not seen him with a watch and chain—they got him down Garden Row, Williams pinned him up against the wall of the public-house and Garrod closed in with Williams—Garrod took the watch and chain off the gentleman's waistcoat and ran away; Williams struck the prosecutor, and he fell to the ground exclaiming "What a shame"—I chased Garrod then with the watch and chain across London Road into Earl Street into a back turning—I ultimately overtook him—he said "I have got his watch and chain, but it is only an old silver watch and a brass chain; let us find my pal, he has got the other part of the chain, the gentleman's silk handkerchief, and his money—we went back to the London Road, where the occurrence took place; we could not find his pal—I said "Where do you live?" he said "Over the Cut"—we walked along down Blackfriars Road; he said "Let us look in this cigar shop and see what it is"—he took the watch out and examined it, and said "It is only a metal watch;" he looked at the chain
and said "It is wrong lot altogether"—I passed a constable in Stamford Street, but his back was towards me—I gave Garrod in custody to a City policeman on Blacakfriars Bridge—he said he lived over this side of the water, but there was another charge against him and a warrant out for him, and he lived on this side of the water—in the end I had hold of the watch, and he would not give it to me, but he gave it to a constable of the L Division, over the bridge—I did not see my more of Williams till he was apprehended on Monday evening, when I identified him from a lot of men—I didn't count them, there were a goodish many—I picked him out without any trouble—I can swear these are the two men.
Cross-examined by Garrod. Idid not ask you for the watch—you did not show it me till we got to the cigar shop—I did not say, "You give me the watch and you keep the chain"—you did not ask me to treat you, and I did not say "Yes"—the houses were closed before this affair took place—you asked me for some tobacco—when I saw you take the watch you did not lay any hands on the prosecutor, you did not use any violence; it was the other prisoner that used the violence.
Cross-examined by Williams. I stated before the Magistrate that you had the gentleman's handkerchief round your neck, your pal told me so—I did wot see you go into a shop with the prosecutor—I heard him say that he did not want to go down the turning—I was close behind—you struck the gentleman on the facae or neck—I do not know the name of the public-house or the barman.
Re-examined. I ascertained the prosecutor's name at the police-court—when Williams struck the prosecutor a violent blow Garrod was just starting to run away with the watch.
NICHOLLS LAVERS (City Policeman 430). I was on duty on the morning in question on Blackfriaras Bridge—the last witness came up with Garrod and caught him by the throat, and said he wished to charge him with robbing a man in the London Road—I said, "What with?"—he said he had ill-used him and stolen his wathc—I asked the prisoner if that was so—he said no, that it was the other—I took the watch from him at the bottom of the bridge; he was trying to throw it over the parapet—I took him to Kennington Lane Station—Garrod was charged by another constable—I saw the prosecutor on the Monday morning at his residence; he was not able to attend; his legs were very badly injured by the prisoner knocking him about—her attended on the remand.
GEORGE HARVEY (Detective Sergeant M). At half-past 7 on the 16th I went to the Ratcliffe lodging-house in Mint Street—as I was going down the kitchen some one shouted out, "There is Harvey"—I heard a scuffling—when I got down into the kitchen there were several people there; Williams was not there—I searched the coal-cellar; and he was hid behind the door—I Said, "I want you"—he said, "All right, I will go quiet"—he said, "What is it for?"—I Said, "For being concerned with Shino (that is Garrod) in robbing a gentleman in the London Road"—he said, "I don't know Shino, I heard he was took, but I am innocent"—I took him to Kennington Lane Station—he was put with about 14 others, and Humphreys identified him—Humphreys made a statement to the inspector as to what he had seen, and Williams said there was a shirt in the parcel—nothing was said at the time of identification—I searched him and found part of a gold chain in his pocket, but the prosecutor could not identify it—on the way to the station next morning
he said, referring to Humphreys, "That man is a liar; the gentleman met me coming over the bridge; he said to me, 'You have come from Lancashire?' I said, 'No, I have been there several times.' The gentleman took me in, and bought me a shirt and handkerchief, and gave 5s. for it"—I was not present when the prosecutor came to the station—I was present when he saw the prisoners; he did not identify them—Williams applied to the Magistrate for inquiry to be made in London Road to find the keeper of a hosier's shop where the things were bought—I found the shop, and served the owner with a subpoena, and he is here.
Cross-examined by Williams. I have three or four men in the shop—I have inquired of them; they know nothing about such a transaction.
ALBERT SAMUEL SIMMONDS . I am an insurance agent, and live at 71, Glengall Road, Old Kent Road—on the evening of 14th or 15th, as I was going along the London Road, passing Garden Row, I was suddenly seized from behind and forcibly taken down Garden Row—I was proceeding homeward at the time—as far as my memory leads me, I was forced against a wall and held by the neck; I was then relieved of some 50s. in silver that was in my pockets at the time, and robbed of my gold watch and chain—after that I received a very severe kick on the inner side of the shin, and was knocked down from behind and rendered insensible—I do not recognise either of the prisoners—I can't say if there were more than one; I should imagine there were two at the least—I do not recall the act of my watch being snatched from me, because I was very much electrified at being in that position, and being so suddenly held against the wall—my memory tells me that after being held against the wall I was kicked on the inside of the shin and knocked down—I cannot give anything further—I have no recollection of going into a shop and buying a shirt for anybody—it was a valuable gold watch and chain—this is the chain (produced).
Cross-examined by Williams. I don't remember seeing you in the London Road and saying "Are you a Lancashire man?"—I had had a glass, but I don't know that I was seriously impaired in intellect—I have no recollection of taking your arm and taking you into a draper's shop, or that I fell on the floor and you picked me up, or that I paid 5s. for a handkerchief and shirt, and made the gentleman pin the handkerchief on my neck and hand me the parcel.
JAMES GROOMBRIDGE (Policeman 200). About half-past 12 on the 15th I was on duty at the foot of Blackfriars Bridge—I there saw 480 City—he called for my assistance—he had got Garrod in his custody—I took this gold watch (produced) from his hand; he said it was his, that it was only a common patent lever, that he had bought it in Petticoat Lane on the Sunday previous for 6s.
Garrod's Defence. I plead guilty to the robbery, but as the prosecutor has said, I never laid hands on him; I went on my own tick, this man had nothing to do with it, I snatched the watch and chain.
Williams's Defence. I am not guilty of committing any violence at all. The gentleman met me in London Road about half-past 11, and said "Are you a Lancashire man?" I said "No, but I have often been
there." He said "Take my arm, and I will go and buy you a shirt." I said "Thank you." He took me in the draper's shop and bought a shirt and handkerchief; he went down a turning, and this man (Garrod) took his watch and chain. He was very drunk; he fell down twice with me in the road, and twice in the shop. I can answer before my Maker that I never put my hands on him.
GUILTY .— Twelve Months' Hard Labour each.
MESSRS. MONTAGU WILLIAMS and WARBUBTON Prosecuted; MR. BURNIE
HENRY WARD (Detective L). At 7.30 on the evening of 13th February I was with Boswall in Blackfriars Road and saw the prisoner—I had had him under observation for some time previously, he had an English bull-terrier with him—I questioned him, and his answers not being satisfactory I took him to the station—I asked him who the dog belonged to—he said "The dog is mine"—I asked him for his licence—he said he had no licence—he gave his name as Wilcox and gave his address as 49, York Road, Lambeth—he said he had had the dog for some months—on the way to the station he wanted to get his hand into his pocket—I searched him immediately with Boswall's assistance and found eight silver spoons, two sugar sifters, and two pair of silver sugar tongs, and two pawn-tickets—I said "How do you account for these articles?"—he said "Oh, they are all right, they are no good, I bought them from a man in the Commercial Road a short time ago for 4s., I don't know the man"—at the station pawn-tickets were produced in my presence—he gave the name of Wilcox, of 49, York Street—I said "I have seen you go down Tower Street"—he said "I am done, I have been sold"—he was charged with unlawful possession—I took from him a coat that has been identified by Mr. Temple.
Cross-examined. This was 7.30 o'clock in the evening—I went to 76, Tower Street, searched, and found nothing there.
FRANCIS BOSWALL (Detective Sergeant). I was with Ward when the prisoner was taken—at the station I further searched his breast coat-pocket and found another pair of sugar tongs, and in his waistcoat pocket two pawn-tickets which related to a coat pawned on 13th February at 44, Westminster, Road, and an umbrella pawned on 12th February at 14, Sockbridge Terrace, Pimlico—I asked him how he accounted for them—he said a man named Fay who he was lodging with at a lodging-house in the Westminster Road gave them to him to get rid of—the prisoner said he and another bloke were out doing jobs of a night—Westminster Chambers is the only lodging-house near the address he gave—he gave me "20" as the number of his bed and locker—I found the deputy of the lodging-house and his wife and showed them the prisoner at the station—they could not identify him—the prisoner's right name is Fay.
Cross-examined. I did not look in the Westminster Road on this side of the river for the lodging-house—I only went to one lodging-house—Westminster Road runs from the Obelisk.
12 o'clock everything was safe in my house as far as I can say—I examined the fastenings of the back window and door in the basement—they were fastened—next morning at 7 o'clock my servant spoke to me and I found the dining-room window open and the room in confusion, the place had been broken into—the window looks into the back garden and is about 12 feet from the ground—I went into the basement, and in the room under the dining-room found the catch of the window had been forced up and was bent, and the sash forced open—I had locked the staircase door, it was unlocked from the top—I lost between 20l. and 30l. of property—these sugar tongs, sugar scoup, caddy spoon, and salt spoon are mine—they are silver—I have also seen a coat and umbrella which had been pawned—they are mine, and were lost from my house on the night of the burglary.
Cross-examined. I went down in the morning soon after 7 o'clock.
FREDERICK NEWBOLD . I am butler to Sir John Lambert, Milford House, Elms Road, Clapham Common—on the evening of 5th January or the morning of the 6th the premises were broken into, and among the property taken away was a sugar sifter and a caddy spoon—I have seen the sifter and spoon found on the prisoner, they are the proceeds of that burglary, and my master's property.
EDWARD WITHERINGTON JOSEPH TEMPLE . I live at Ingleside, Castlenan, Barnes, and am a member of the Stock Exchange—on Friday, 16th January, my premises were broken open between the night and morning, and among other things I lost a quantity of property—I have seen some sugar tongs, a teaspoon, a teacaddy spoon, and a sugar sifter found on the prisoner—they are part of the proceeds of the burglary, and my property—I have seen a coat found on the prisoner when taken into custody; that is mine, and one of two coats I lost by this burglary.
ALBERT POCOCK . I am assistant to Mr. Oldson, pawnbroker, of 44, Westminster Road—I produce a coat pawned on the 13th inst. by the prisoner—the ticket produced by the police as found on the prisoner corresponds with the ticket I have.
GEORGE WIIITE . ✗I am assistant to Thomas Miller Button, pawn-broker, Stockbridge Terrace, Pimlico—I produce an umbrella pawned on 12th February—the ticket corresponds with the duplicate found on the prisoner.
Cross-examined. I cannot say the prisoner actually pawned it.
GUILTY .—He then PLEADED GUILTY **†to a conviction of felony in July, 1875. There were two other indictments against the prisoner for similar offences.— Eight Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
380. WILLIAM SMITH (35) , Unlawfully attempting to obtain by false pretences from George Gibbons, and from the Sittingbourne Brick and Cement Company, large quantities of bricks, with intent to defraud, and other Counts for obtaining from other people money with a like intent.
MR. GOODRICH Prosecuted.
GEORGE GIBBONS . I live at Rhode House, Sittingbourne, Kent, and am a brick manufacturer, and manager of the Sittingbourne Brick and Cement Company—we have offices in Gracechurch Street—in July last the prisoner bought bricks from us to the amount of about 40l., and gave
me this undertaking, which he wrote in my presence. (This was an undertaking to pay on 3rd August for the freight of pricks, per barge Louisa, now on its way to London for him.) While the bricks were in course of delivery he asked for a further load to be delivered on the River Lea—I said "If you want another load you must pay us for this about to be delivered or being delivered to-day"—he gave me this cheque on the Central Bank of London for 35l. to my order, signed J. Smith—while that cheque was being presented the bricks, per barge Louisa, were cleared—I believed the cheque was a good one—while the second freight was being delivered the cheque came back to me marked "No effects," and I sent to stop the second barge.
Cross-examined by the Prisoner. I agreed to give you a week's credit when you bought the first freight—you did not tell me to hold the cheque over for some days on account of your having bills to discount—I did not hold it over during Bank holidays—I did not say I should take it down to Sittingbourne and pay it down there—you called and saw me and the managing directors after the cheque was dishonoured—we agreed to hold one of your bills from a man who had the freight of bricks as collateral security—you brought some one up to speak to me—I did not agree after his bill was dishonoured to accept half the amount and renew the balance at three months—I don't know if the managing director did—I did not accept the bill in payment of the cheque—I have not said I should not have appeared against you unless I had been subpcenaed—I don't wish to be here.
FREDERICK SMITH . I am cashier of the Central Bank of London, Blackfriars Branch, No 1, Stamford Street—the prisoner was a customer at the bank—his account was closed on 30th June, 1884, when he had a credit balance of 10d., and notice was given to him by letter of that fact—this cheque, drawn by the prisoner and returned marked "Account closed," was presented on the 6th August, 1884—the last payment in to his account was on 24th May, 1884—when the account was closed on 30th June, 1884, the 10d. was debited on commission—this is a copy of the prisoner's account from 15th January, 1884, to 30th June, 1884—I have a list of the cheques returned to the prisoner between 25th August, 1883, and 28th August, 1884—there are thirty-one returns—after the 35l. cheque was returned four other cheques were returned, there being no account.
Cross-examined by the Prisoner. This list of thirty returned cheques begins in August, 1883—I cannot tell what you paid in—your balance has not been anything like 1,000l.—I do not think I told the Magistrate that your balance was pretty good, from 100l. to 200l.—you asked me whether it was a 100l.—I said "Not now"—you had a balance for five years—your average balance in December, 1879, was 160l.; for the first half of 1880, 100l.; for the last half, 60l., the average altogether has been about 50l.
CHARLES WALKTON . I am managing clerk to Messrs. Brook and Clark, solicitors, West Exchange—I received this cheque for 10l. on the London Trading Bank by post, with this letter from J. Smith, 63, Borough Road, Southwark. (This letter was dated 7th November, 1884, and stated that he enclosed a cheque for 10l. on account of rent, and trusted to pay the balance on Saturday, and requested him to hand the same to Mr. Jackson.) I have seen the prisoner write—it is his writing—Jackson is my collector—I
paid the cheque into my bank in the ordinary course; it was returned marked "N. S."—on 23rd December I instructed the brokers to distrain.
Cross-examined by the Prisoner. You have been a tenant for nearly two years, and have paid 90l. per annum—I have had other cheques of yours, and this is the first one returned—you always produced bills and said they were dishonoured, and that was why you could not pay your rent—you said nothing about bills being dishonoured as the reason why this cheque was dishonoured—you only owed one quarter's rent when I distrained.
JAMES EDWARDS . I am manager to Mr. Cook, a butcher, of 5, West-minster Bridge Road—the prisoner has been a customer about twelve or eighteen months—he lived nearly opposite—about 10th or 12th December his wife came and ordered some meat, and they owed us with that 15s.—she gave me a cheque for 3l. 10s., which I took to the bank; they refused to take it because it was not drawn out properly, and they gave me this other one in place of it—I took it to the market; it was returned from the bank marked, "Refer to drawer"—when his wife gave me the first cheque I gave her the balance in money.
Cross-examined. I have done business with you about eighteen months, and have cashed during that time about half a dozen cheques for you—they have always been met—since this cheque was returned your wife has had one joint of meat, I believe, for which she paid cash.
CHRISTOPHER CLOS . I am a baker, living at 16, Borough Road—the prisoner was in the habit of dealing with me—on 3rd January the prisoner's wife came into my shop and handed me this cheque on the London Trading Bank for 6l. 5s., and asked me to cash it—I gave her 6l. 5s.—on Wednesday week after that I paid it to a miller, and it came back to me on the following Saturday marked "N. S."—I communicated with Mr. Smith, and on 16th January the prisoner came to my shop and said "I shall go to the drawer"—he told me that if I came again he should lock me up.
Cross-examined by the Prisoner. You did not say that because I spat in your wife's face, or put my fist in your face—she dealt there for eighteen months, and always paid cash for everything she had.
DAVID FREDERICK DAVIS . I am clerk in the London Trading Bank at West Street, Moorgate Street—there is an account there in the name of Smith and Co.—I have seen the prisoner sign cheques on us—there were not sufficient funds to meet these cheques produced; there were merely a few shillings when they were presented.
Cross-examined by the Prisoner. On September 9, when the account was opened, between 80l. and 90l. were paid in—we have never allowed you to overdraw—the 40l. bill was put to your credit—it was returned the same day—it was a country bill—we should put it to your credit, and then it was returned to you on the same day as it was returned to us.
Re-examined. This cheque of 2nd December was presented on that date; there were only a few shillings to his account.
GEORGE WALDOCK (Detective Sergeant L). On the night of 15th February, about 10, I arrested the prisoner at 22, Westminster Bridge Road—I told him I was a detective and read the warrant—he said "To Edwards! Let it stand over till to-morrow, I have 26l. coming to me"—I said "There is another charge of obtaining 6l. 5s. from the Borough Road," and I showed him the 6l. 5s. and 8l. 10s. cheques—he said "Yes, that is
my writing, I had no account; they are out of my father's cheque-book; he is paralysed, and I do all his writing."
The prisoner in his defence stated that 300l. or 400l. were owing to him, and had been faithfully promised, and he fully expected to have received the money, and that he had ✗intended to defraud anybody.
The prisoner received a good character.
GUILTY .— Twelve Months' Hard Labour.
381. GEORGE BURKE (18), JOHN DESBOROUGH (18), and JOSEPH WARD (19), PLEADED GUILTY to a burglary in a certain dwelling-house, and stealing a coat and other articles. WARD also PLEADED GUILTY to a conviction of felony in January, 1885.— Twelve Months' Hard Labour each.
382. GEORGE PENMAN (27) and REBECCA CORDROY (18) , Stealing a bag, a pair of trousers, two vests, and other goods, of the London, Chatham, and Dover Railway Company, also receiving, to which PENMAN PLEADED GUILTY .
GEORGE LANGLEY . I am the son of the stationmaster at Clapham Road—on 29th January I saw Penman creep under the bottom half of the booking-office door—the booking and parcels' office is one room—he crept on his hands and knees and drew a bag out, which I had taken in from Petman, to whom I gave a ticket—I went after the prisoner and caught him near the arches—I asked him for the ticket; he said he left it on the desk—I went back, looked for it, and could not find it—I then went back to look for him—he had gone away, and I did not see him again till at the police-station—the police have since shown me the bag.
STEWART GUSH . I am assistant to Longman, pawnbroker, of 163, Wandsworth Road—I know Cordroy by sight—she pawned this shirt; this is the ticket relating to it—the name and date on it are Ann Smith, 30th January—there is no name on the shirt except the maker's.
By the COURT. I am quite sure Cordroy pawned it.
JOHN GILBEY (Detective W). I received information of this robbery, in consequence of which I went to where the female prisoner lives, 14, Pas-cal Street—I had seen her before—I went into the back room on the ground floor and said "Cordroy, does this room belong to you?"—she said "Yes"—I said "Have you a Gladstone bag or a portmanteau there that does not belong to you?"—she said "No, I have got no Glad-stone bag here, nor yet any portmanteau"—I searched the room, and in the coal-cupboard found this Gladstone covered with old rags and stuff—I said "I thought you said you had no bag here?"—she laughed—I said "It is not a thing to laugh at; this bag was stolen last night from Clapham Railway Station. You will be charged with receiving this, knowing it to be stolen"—she made no answer—I was at the police-court when the portmanteau and shirt were shown to Petman—he identified the shirt as his—I have not seen Petman here this morning—he was told to be here by half-past 10.
Cordroy in her defence stated that when she came home she found the bag
in the room; there was no fastening on the door except a piece of string; that she put the bag in the cupboard, and that she did not pawn the shirt.
CORDROY— NOT GUILTY . PENMAN then PLEADED GUILTY * to a burglary in the dwelling-house of Robert Mayo, and stealing a quantity of meat and a cloth.— Twelve Months' Hard Labour.
ALBERT GEORGE WHIBLEY . I am secretary of the Exchange and Hop Warehouses Company, Limited—our busines is to store samples of hops for different hop merchants—the prisoner has been employed by the company since August, 1882, at a weekly salary of 2l., and subsequently to June last year of 2l. 5s.—his duties were to collect different accounts due to us—I produce our cash-book and ledger—in March an account was due from Latter of the amount of 4l. 5s.—that was not paid in on 24th March and has never been paid in. (The prisoner here stated that he admitted having endorsed the cheque and having received the money, but that he did it by the secretary's authority and not with intent to defraud.) I sign endorsed cheques as a rule as secretary of the company, the prisoner has no authority at all to sign them for me—we stamp them with the date as a rule, the prisoner may have affixed such stamp, it lays on the table and anybody may use it—the cheque for 4l. 5s. is crossed, and drawn on the Joint Stock Bank, Borough Branch; it is not my signature on the back, it is my name in the prisoner's writing.
Cross-examined by the Prisoner. I went for my holiday in June, 1883—that was the first holiday I had—I suppose when I was away you endorsed all the cheques in my name—they must have been endorsed by an official of the company, you did endorse them—I gave you no authority to do so—the cheques must be endorsed before they can be paid in, none of these have been signed during my absence.
Re-examined. I was absent on no dates in March—it was the prisoner's duty on that day to collect the moneys and hand them to me.
SIDNEY H. LATTER . I am a hop factor in the Borough—I produce a cheque drawn by me on 29th, March, 1884, which was an amount due by me to the Hop Exchange Company, I produce the receipt for that sum signed by Alfred Pope.
NOT GUILTY .
The prisoner at the outset of the case stated that he admitted having received these amounts.
SIDNEY LATTER . On 29th March, 1884, I was indebted to the Hop Exchange Company 4l. 5s.—I drew this cheque for that amount and received a receipt signed Alfred Pope—I could not say if it was in the prisoner's handwriting.
Inn, Southwark—the prisoner called in April, and I cashed a cheque for him for 4l. 5s.—I paid it into my bank.
ROBERT CORNWALL . I am a cashier to Messrs. Wyld and Co., who are agents for Messrs. Bobbett—on April 5th, 1884, 5l. was due from us to the Hop Exchange Company—I don't know whether the prisoner called or whether we sent it over to the Hop Exchange Office, but we gave a cheque for 5l. 3s. 4d.—we had a receipt, which we sent to Bobbett.
HENRY UNDERWOOD . I am a publican, of the Pember Arms, Mile End—on April 5th I cashed this cheque for 5l. 3s. 4d. for the prisoner—I paid it into my bank—on 29th April I cashed another cheque for 4l. 16s. 4d. for him.
FREDERICK HUBBARD . I am in the employ of Messrs. Frank and Allman, Borough, hop merchants—on 29th April, my firm owed the Hop Exchange Company 4l. 16s. 4d.—I don't know if I paid the prisoner that personally, but it has been paid—this is the receipted invoice—we paid by a crossed cheque.
ALBERT GEORGE WHIBLEY . I am secretary of the Hop Exchange Company—the prisoner was in our employment at 2l. a week, afterwards raised to 2l. 5s.—his duty was to collect and give receipts for money which he was to bring to me—I made out the bank slips, and he went to the bank with them—on 24th March, 1884, 4l. 5s. was due from Messrs. Latter to us—we never received it; it has never been paid into our account nor accounted for—I know the prisoner's writing—this receipt is his for 4l. 5s.—on 5th April Messrs. Bobbett owed us 5l. 3s. 4d.—we applied for that through the prisoner to Messrs. Wyld—that was never paid to me nor to the company's account, and has never come into our hands—on 29th April 4l. 16s. 4d. was due by Messrs. Frank and Allman to us—the prisoner has never paid such sum into our account—it was his duty to do so.
Cross-examined by the Prisoner. I was aware you had received this money in August last, and I gave you time to collect it again as I knew you were in trouble.
Re-examined. I discovered this when he was away for his holiday in August last—on his return I taxed him with it—he admitted, after a while, that he had had the money—I knew he had had trouble—I treated him as a friend, and as he implored me not to bring the matter forward I agreed that he should go on working as clerk till he could get the money and pay it back, and he was then to resign—we thought it would be done in a week or two—he said he was going to get it from a friend of his—I got anxious about it, and went to his address—subsequently I received a telegram from him, and he came to me about the 22nd or 23rd January dressed in mourning, and told me he had lost his child and was in great trouble—I next received this letter from him. (This stated that Whibley might do his worst, as by that time the prisoner would be beyond all earthly trouble.) He had threatened to poison himself when I first told him of it in my office—I went to his house and found his child was not dead—I told him he had told a falsehood, and that it was my duty to report the matter to the Board—I did so, and that was the first intimation they had of it.
The prisoner in his defence said he had received the money, and fully believed he should be able to repay it, but that he was disappointed by the man from whom he hoped to receive it, and that Whibley refused to give him two days in which
to get the money, and that he had paid off one amount, 17l., and he contended that if he had intended to defraud the company he would not have stopped in England.
GUILTY.—Recommended to mercy by the Jury on account of the loose way in the books of the company were kept. — Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, MARCH 23RD, 1885.