CENTRAL CRIMINAL COURT
TENTH SESSION OF 1884-5, HELD JULY 27TH, 1885.
FOWLER MAYOR, SECOND MAYORALTY.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 27th, 1885, and following days.
BEFORE THE RIGHT HON. ROBERT NICHOLAS FOWLER, M.P., LORD MAYOR of the City of London; Right Hon. LORD ESHER, the Master of the Rolls; Hon. Sir WILLIAM ROBERT GROVE, Knt., one of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN, Knt, WILLIAM LAURENCE, Esq., M.P., Sir JAMES CLARKE LAURENCE, Bart., M.P., WILLIAM JAMES RICHMOND COTTON, ESQ., and Sir HENRY EDMUND KNIGHT, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS, Knt., Q.C., M.P., Recorder of the said City; Sir REGINALD HANSON, Knt., and JOSEPH SAVORY, ESQ., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY, Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR, ESQ., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
JAMES WHITEHEAD, ESQ., Alderman,
GEORGE FAUDEL PHILLIPS, ESQ.,
CLARENCE RICHARD HALSE, ESQ.,
FREDERICK KYNASTON METCALFE, ESQ.,
CENTRAL CRIMINAL COURT.
TENTH SESSION OF 1884-5.
FOWLER MAYOR, SECOND MAYORALTY.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 27th, 1885.
Before Mr. Recorder.
To this HERBERT PLEADED GUILTY .
MR. LLOYD Prosecuted.
ALICE BATEMAN . I am barmaid at the Plough public-house, High Street, Notting Hill—on 2nd June I was serving at the bar; about 10 p.m. Herbert came in and had a glass of bitter—he tendered a half-crown; I bent it and gave it to Mr. Smith, the landlord.
GEORGE SMITH . I am landlord of the Plough—Bateman handed me this half-crown—I asked Herbert where he lived—he said in Princes Road—not thinking that sufficient I sent for a constable and gave him in custody, and gave the coin to the constable.
ROSE OGBORN . I am barmaid at the Royal George, Carlisle Street, Lambeth—on 23rd June, about a quarter to 10 in the evening, Hollaby came and asked for a twopenny smoke; he gave me this shilling, which I bent and found to be counterfeit—I showed it to Mrs. Humphreys, the landlady—she came out and said to the prisoner "Are you aware that is counterfeit?"—he said "No"—she said she should detain him, which she did, and sent for the police—before he came Herbert came in, and Hollaby went out, having given a good half-crown to Mrs. Humphreys—Herbert had some refreshment, for whichf he paid in good money.
Hollaby. I never was in the public-house. Witness. I am positive he is the lad.
AUBREY BROWN . I assist my mother, a hosier in Westbourne Grove—on 27th June, about 7 in the evening, Hollaby came in for a collar, which came to 9d.—he gave me a bad half-crown; I told him it was bad—he said "Then it will be of no use to me"—I gave it him back—he gave me a good half-crown and I gave him change.
Cross-examined by Hollaby. I did not test your coin; I knew it was bad by the look of it, it had a bad edge.
ROBERT MARKHAM (Police Sergeant X). On 27th June, about half-past 6 in the evening, I saw the two prisoner's and another man leave the Clarendon public-house, Notting Hill—I and Pearce, a plain clothes constable, followed them into Norfolk Terrace—Hollaby went into the Alma public-house; Herbert and the other man remained outside—Hollaby came out in about two minutes and joined them; the third man then left, and the two prisoners went on through Westbourne Grove; both went into the Redan public-house—they remained there about a quarter of an hour—I afterwards saw Hollaby go into Brown's shop—when he came out he joined Herbert and they walked along Westbourne Grove—I followed them into William Street—they stopped there and were taken into custody—I took Herbert—he walked quietly for about a hundred yards, he then became very violent and pulled a knife out of his waistcoat pocket—I struggled with him for about a quarter of an hour—he afterwards pulled out this purse from his right-hand breast pocket, which contained eight counterfeit half-crowns wrapped up in tissue paper, and one loose in his right-hand trousers pocket—at the station I found another counterfeit half-crown in his right-hand trousers pocket—Hollaby was taken to the station by Pearce.
ALBERT PEARCE (Policeman X 235). I took Hollaby into custody—I told him I should take him into custody on suspicion of having in his possession counterfeit coin—he said "I have done nothing; I met them in Westbourne Grove opposite Whiteley's; they asked me to have some-thing to drink, but I would not have anything, you will find nothing on me, the other bloke has got the stuff"—I found on him 1s. 6d., and threepence in copper in good money—I found a collar on him.
HOLLABY— GUILTY .— Six Months' Hard Labour. HERBERT— Twelve Months' Hard Labour.
MR. LLOYD Prosecuted.
ROBERT BEE . I keep a beerhouse at Brentford called the Shovel and Hoe—on the morning of 4th July, about midday, the prisoner came in for half a pint of ale; she had two shillings in her hand, and dropped one on the counter, and kept the other back; that excited my suspicion—I gave her the change, and she drank the bear and left—immediately after she had gone I found it was bad; it had not gone out of my hand,
and I went out and went across the road, and followed her; after going 100 yards she turned round and looked, but I don't think she recognised me; after going another 100 yards she turned round, and I think she recognised me, and began walking very quickly, and when she saw I was closing on her she went into a public-house; I fetched her out, and told her she had given me a bad shilling—she said "Well, if that is a bad one I will give you a good one for it"—I asked her what money she had, and she showed me a shilling and sixpence and fivepence worth of coppers, and said that was all the money she had got—I had given her sixpence and fivepence worth of coppers—I called a policeman, and gave her in charge—this is the shilling produced—I marked it, and gave it to the policeman.
JOSEPH DEAN (Policeman T 349). On 4th July last I saw the last witness going along High Street, Brentford, and in consequence of his beckoning to me I went up to him, and he gave the prisoner in custody for passing a bad shilling—the prisoner then offered to give him a good one—I took her to the station, and gave her over to the female searcher, who gave me these four shillings in silver and one shilling and sixpence-halfpenny in bronze—this (produced) is the bad shilling Mr. Bee gave me—I asked her where she lived, and she refused to give any address—she said she lived anywhere.
ELIZA COX . I am female searcher at the Brentford Police-office—on 4th July last I searched the prisoner, and found on her four six-pences and two shillings, and 1s. 6d. in bronze, which I handed to Dean.
The prisoner in a written defence stated she had taken the shilling in change, but did not know where, and did not know it was bad.
NOT GUILTY .
JOHN MARTIN . I am landlord of the Lucknow beerhouse at Acton—on 3rd June, about 10.45 at night, the prisoner came in intoxicated, and made use of foul language—I told him I could not allow such language, and if he did not leave I should send for a constable—he said "No b—b—should put him out"—he assaulted me, and I sent for a constable, and gave him in charge.
HENRY SNELGROVE (Policeman T 412). I was called to the Lucknow Arms—I found the prisoner and the landlord struggling together, and the landlord gave him in custody—he went out quietly, but when outside he said "God blind me, you shan't take me," and he struck me a heavy blow in the chest, threw himself down, and kicked me in the privates when he was down—I have been under the divisional surgeon ever since, and have suffered great pain in the parts and in the head—I received a blow on the back of the head—I can't say how that was inflicted—I was very sick and faint—assistance came, and the prisoner was persuaded by his friends to go quietly to the station.
FREDERICK DODSWORTH . I am divisional surgeon of police—Snelgrove has been under my care since 3rd June—he was suffering from slight concussion of the brain, the result of the blow on the back of the head—
he also had a severe blow or kick on the private parts, from which he has suffered a considerable amount of pain—he is still under my treatment and unfit for duty.
The Prisoner's Statement before the Magistrate. "When I have beer I don't know what I do."
GUILTY .*— Twelve Months' Hard Labour.
729. JOHN THOMAS MANN was indicted for that he, being a member of a co-partnership, did embezzle an order for the payment of 40l. 12s. received by him on account of the partnership, with intent to defraud.
CHARLES RAER . I trade now as Raer, Son, and Co.—in May last I was trading as Raer and Co., at 7, Lovell's Court, as fur, skin, and general agent—I had known the prisoner as a traveller for other firms, and on 4th May I entered into this agreement with him—it is signed by him and me—by it is provided that his sole remuneration is to be 40 percent. on the net profits, and that all moneys are to be handed over to Raer and Co. as received—before the agreement the prisoner had not been engaged with me in business in any way—the name of Mann and Co. was put up on the two top floors which were set apart for the business—the prisoner was manager of the manufactory—at that time I had at my disposal a number of bear-skins, some of which were made up into fur trimmings by Mr. Wyld—after that I had a conversation with the prisoner about selling them—6s. 6d. was fixed as the selling price, and if he could get the offer of a lower price he was to let me know—on 3rd June he said he thought he could place them with Messrs. Evans—nothing was said about the price—next day, 4th June, I inquired whether he had got the price—he said the goods were not sold, he had not any offer, but that Messrs. Evans wanted to consider the matter, and he told me to send the whole parcel there on memorandum for them to look through it—they were packed in canvas—he said something like "I got a porter"—I did not want to send them through a porter of his own—the goods not being very heavy I said to the office boy "You can carry them there, and see to bring me a receipt for the goods"—the prisoner wrote out this memorandum, which the boy took with him and
brought back receipted and handed to me. (This was: "Received of Mann and Co. 15 dozen and 10/12 bear trimmings, June 14th, 1885," and marked memo.) The prisoner went round directly after the boy—towards the evening of that day I saw him again—he then said Messrs. Evans would take time to consider the transaction, whether they should make an offer or buy a parcel—on Friday, 5th June, I saw him at the office and inquired—he said "I cannot tell you yet, they have not decided"—he usually came to the office between 9 and 10—on the Saturday, 6th June, he came about 12 or 1 I think—I had then been round to Messrs. Evans in consequence of what the boy whom I had sent to them previously had said—at Messrs. Evans's I was shown this invoice, dated June 5th—I fancy it was then receipted like this—this receipt is in the prisoner's handwriting—the invoice is a printed one of Mann and Co.'s—I cannot tell whose writing is on it—I did not know there were such invoices—I had sent him to the printer for cards, and he had come back saying he had ordered invoices, memoranda, and cards—on seeing the invoices I said there was plenty of time to make them when we had done business—I did not know until I saw this that any invoices had been printed—the skins appeared to have been sold at 4s. 6d. or so, less than the cost price—I had told him the price was 5s. 6d.—we agreed that should be the price—on the Saturday after this when I saw him I said "I think I hear that you sold the trimmings"—he patted his pockets, and said "I have got you; I claim from you 2l. a week and 4l. a week; 2l. referring to March and 4l. to a subsequent date"—I said "I am going to Messrs. Evans now"—he said "Don't take the trouble; you may save yourself the trouble"—he followed me in the street saying "You can save yourself the trouble; I have got the money"—I asked nim to go to my solicitor on the matter—he declined to follow me there, and did not come there to the office, and so I went on to Messrs. Evans and got all particulars—the prisoner went out of the office as I left—I did not see him again that day—he did not come to the office on Monday—I wrote him this note on Saturday after he left: "Unless you appear on Monday morning at 10.15 at my office, when we can go to Messrs. Field and Buller, I shall know how to act"—I received this answer from the prisoner: "Dear Sir,—I shall not be in the office on Monday till late, but you will hear from me about 11 o'clock"—a solicitor for the prisoner. Mr. Hurrell, called at the office about 11 on Monday—I was out—having heard he had called I went there and for the first time saw this account offering me a balance of 13l. 4s. 9d.—I do not know what the 2s. in the disbursements refers to—I never knew the name of Kymer and Co.—Wyld was the chambermaster upstairs who made the fur trimmings up—that is the only genuine name as far as I know—I have heard that amount has been paid to Wyld since this action—at that time I had not heard that any money had been paid to him—I know nothing of wages to J. T. Mann, 7l. 2s., from 30th March to May 11th—I never agreed to pay him wages—he was not in my service on 30th March—I only agreed to pay him what was on the agreement—there was no profit from selling these furs, but a loss—I saw nothing more of the prisoner at the office or anywhere until proceedings were taken against him—I advanced him 6l. 14s. 3d. at different times on accouut of future profits.
Cross-examined. I was the sole representative of the firm of Raer and
Co. when Mann joined me; we had just started—I could put no construction on whether the prisoner was partner or servant, we simply had the agreement—he had to receive a certain amount of profits on transactions he made—I have been in the fur trade since 1875, and have knowledge of furs—the firm of Raer and Co. had been in existence seven or eight months—before that there had been another firm of Raer and Co., which had become bankrupt in 1880—I am an uncertificated bankrupt at the present time—I believe a dividend of 7 1/2 d. was paid, but it was out of my hands then; that arose out of a partnership—I was never concerned in another bankruptcy—there was no composition with the firm of Thereser Raer and Co.—there was an execution taken by two people, who seized that firm's goods—I knew Mann as traveller for Myers, the largest fur people in the City, of St. Paul's Churchyard—he was after-wards in another house—I supposed he had a good connection among people who dealt in furs—these furs were in my trust; Mr. Field was their owner—they had belonged to Thereser Raer and Co., and had been paid for—Mr. Field paid for them and they became his—he is a member of a firm of solicitors—I wanted the prisoner to go and see them on Monday—I had the intention of prosecuting the prisoner, and consulted with Field as to what was best to be done—I did not at once call a constable, because it was the first case of the kind that had come into my experience, and I did not know how to act—I went to Field to ask him the name of a solicitor, and after that took criminal proceedings—the only sale effected since the arrangement was this to Messrs. Evans—the prisoner came daily at 9.30 or 10 in the morning, and left at 4.30 or 5 or 6—I think he went about and saw customers—I swear the prisoner did not tell me after two or three weeks that it would be utterly impossible for him to live under the terms of the agreement, as I was not doing any business—I have in my books "Received on account 6l. 13s., J.B. Mann"—I took no security from him for those advances, it was not the custom; they were not on account of future profits—I swear the 6l. 13s. does not represent advances made by me to him on account of wages he claimed—I am not a debtor to Mr. Field; he was the creditor of the firm of a relative of mine, through which he got these skins; they were paid with that money—the prisonor came in the office about 12 or 1on the Saturday—before I went to Messrs. Evans I met him in the street, when I asked him to go to my solicitor—I had spoken to the prisoner once or twice before March—he came once or twice to inquire whether I had made np my mind to engage him—our cards had Mann and Co. printed on them by my direction, and I had Mann and Co. put on the door—the invoices were cancelled because I did not agree with it.
Re-examined. I advanced him 10s. on the first day, May 4—the sums were entered from time to time in the cash-book as advanced to him—Field and Co. were solicitors to Thereser Eaer and Co., and had advanced money to them on the security of the skins, which Messrs. Field after-wards entrusted to us to sell—I consulted with them as to the price at which they should be sold before I agreed with the prisoner—I had no agreement with them as to profit.
FREDERICK ARTHUR BLACKWELL . I am salesman to Messrs. R. Evans and Co., 24, Watling Street, furriers—on 24th June the prisoner called on me, producing this card of Mann and Co., and asking to see the buyer—he said he had a cheap line of bear trimmings to show him; they were
very cheap, he required some money to pay his workpeople—I think he named 5s. as the price at first—he showed me some samples, which I took in, saying if he called about 2 he would probably see the buyer—later in the day a parcel of fur trimmings came, and I signed this receipt for them—nothing was said about the goods being sent on approval.
OSMOND PACKER . I am buyer to Messrs. Richard Evans and Co.—the last witness spoke to me about fur trimmings, and about 3 o'clock on 4th June I saw the prisoner on the premises—I had seen the samples he had left—he said he had got about 15 or 16 dozen; he would sell them at 5s. a yard—I told him they were no use to me at all at that price—after a few words he asked me if I could select 6 dozen, if he sent them on, at 4s. 6d., as he wanted money to pay the workpeople in the factory—I agreed to take 6 dozen at 4s. 6d., providing they were up to the samples—he went away-the parcel arrived; I examined it and selected 10 dozen as being up to sample—next morning I saw him again and told him I would keep the lot at that price—he said his partner would not let him sell them under 4s. 6d., on that Friday or Saturday I saw the invoice for them, and sent it down to the counting-house—it was the cashier's business to agree with him about discount.
Cross-examined. I have been a buyer in the fur trade about six years, I buy a good bit for Messrs. Evans—I certainly think 5s. was too much for these skins, I think 6s. 6d. was exorbitant, 4s. to 4s. 6d. would be a fair price to ask for them; they were a bad colour, and price various according to colour.
Re-examined. I mark the profit they are sold at.
By MR. GEOGHEGAN. I did not pay Wyld because he had goods in hand to settle with—I have not paid the 2l. 19s. 5d. since this affair—I have heard the prisoner has paid it.
By MR. AVORY. I don't know when it was paid to Wyld, it was after this transaction and after I took proceedings I have heard.
HENRY WEATHERSTONE . I am cashier to Messrs. Evans and Co.—on 6th June I drew this cheque payable to Mann and Co. for 40l. 12s. in payment for fifteen dozen fur trimmings-all our cheques are printed with the crossing—I altered it to cash at his request—Mr. Raer called on Saturday morning about 12 o'clock; I answered his questions.
The prisoner received a good character.
NOT GUILTY .
NEW COURT.—Monday, July 27th, 1885.
Before Mr. Common Serjeant.
730. WILLIAM ABRAMS (19) PLEADED GUILTY to burglary in the dwelling house of Henry Wooster and stealing two boxes of haddocks and other articles his property. His stepfather entered into recognisances to bring him up for judgment when called upon.
MR. CRAUFURD Prosecuted.
WILLIAM WALKER . I keep a refreshment house at 64, Broad Street, Bloomsbury—on 10th July, about 3 o'clock, I served the prisoner with a fruit pie—he put dowu a florin—I told him it was bad—he said "What do you mean? are you going to have a lark with me?"—I said "No, have you any more of these about you?"—he said "No"—I said "I shall lock you up," and shut the door and sent fur a constable, who found nine florins on him—this is the coin, I know it because I bent it—I gave it to the policeman.
ANGUS STEWART (Policeman E 569). I was called and told the prisoner the charge—I found on him these nine florins; they were pretty bright and not wrapped in paper—he said "I picked them up"—I found on him five metal teaspoons, four pence, two halfpence, and this police supervision paper (produced).
Cross-examined by the Prisoner. You did not look as if you had been drinking.
The Prisoner's Statement before the Magistrate, "I found the coins. I did not know they were bad, so I passed one of them."
Prisoner's Defence. I found them, but if I had known they were bad I should not have tried to pass one with the other nine in my possession.
GUILTY .**— Five Years' Penal Servitude.
MESSRS. CRAUFURD and LLOYD Prosecuted.
HENRY BLANDFORD . I keep a grocery store at Southall—on 8th July, about 8 p.m., a man, not the prisoner, came in and purchased half a pound of biscuits and a box of matches, price 4 1/2 d., and gave me half a crown—I gave him the change, and he left—alter he had gone I discovered it was bad, and went to the door and watched him going towards Uxbridge—he got in conversation with the prisoner about 150 yards away—I went to them, and said to the other man in the prisoner's presence "This half-crown is bad"—he said "I took it in a public-house, and was not aware it was bad"—the prisoner said "Give this man back the change if it is bad"—he did so, and the goods—I left them in conversation going towards Uxbridge, and went back to my shop, and saw Busby, and I and he followed the men—when we had got some distance I saw a constable coming towards us, and called out to him, and pointed to the two men; they were about three or four dozen yards from him, and I was about the same distance—I then saw the prisoner throw some money over the hedge; I heard it jingle—he ran away, and got over a gate into a cornfield—Busby went after the prisoner, and caught him, and afterwards gave him to the constable—I searched the place where I had seen him throw the money, and found these ten half-crowns (produced), which I handed to the constable—I don't know what became of the coin that was uttered.
Cross-examined by the Prisoner. When I came out of ray shop I did not follow you to the police-station—the policeman did not ask me if I were the only witness, and say that my evidence would go for nothing.
GEORGE BUSBY . I am a master writer and grainer of Southall—about 5 o'clock on 8th July I was at work outside a shop next to the prosecutor's, and saw him come out and go after the prisoner and his companion, who were about 150 yards off—I saw them talking, and saw the other man give up a parcel to Blandford—he then came back and said something to me, in consequence of which I went with him after the two men—they were a dozen yards ahead of us walking and talking together—we saw a policeman coming towards them on the opposite side to them, and shouted to him—the prisoner could hear that, because they were between us and him—the prisoner then put his hand in his pocket and threw some money over the hedge—I saw something bright, and heard it jingle—the constable stopped the prisoner, but he got away from him, and got over a gate into a cornfield—I went over the gate, and in consequence of some-thing the constable said I went after the prisoner, and round him lying down in the corn trying to hide—I took him to the constable.
Cross-examined. You were about 100 yards from me when I saw you meet the man—I did not see you with him before you went into the shop—about ten minutes elapsed from the time you met him to the time you threw the coins away—it took me ten minutes to walk that 100 yards where you were—the coins came out of the paper as it went over the hedge—I was about a dozen yards from you when I shouted to the policeman.
JOSEPH AUSTIN (Policeman X 303). About 5.15 on 8th July I was in the high road, Hayes, and saw the prisoner and another man—I heard somebody call out "Stop him, stop him," pointing to the prisoner and another man—I went across the road—the prisoner jumped over a gate into a cornfield—I slipped down on the pavement, and he jumped over the gate—I saw Busby catch hold of him, and went up and took him—he was then among the corn in the field—I searched him and found on him five shillings, a sixpence, and this memorandum book—he said, "It is not me that you want, but the other man"—the prosecutor handed me these 10 half-crowns and florin (produced).
Cross-examined. I had not been drinking when I took you, I slipped because there was an iron plate where they had been laying down tele-phone wires, and my boot slipped on that.
THOMAS ALFORD (Police Inspector X). I was on duty at the station at Hanwell when the prisoner was brought in—Blandford charged him with attempting to pass a bad half-crown with another man not in custody—I read the charge to him, and he made this statement, which I wrote down at the time: "I was out looking for work, and I came by Gunnersbury Flower Show; I was proceeding towards home; when I got near the prosecutor's residence a stranger accosted me and asked me if I was going fishing; I said 'No, I am going home,' and the prosecutor came up and charged me with uttering a half-crown; he threw something away over the hedge; I proceeded towards home, and was arrested and given in custody for being in company of that man"—we have no trace of the other man.
JOSEPH AUSTIN (Re-examined). The other man jumped over a hedge on the opposite side of the road to the gate, while I was running after the prisoner and got away—I did not go after him; I did not know there was any charge against him.
The prisoner in his defence repeated in substance the statement he had made to the inspector, and added that the constable was drunk.
Cross-examined. I asked him if he had searched you; he said "No," and I said "Search him at once," and he did so—he was not too drunk to do it—I did not do it, but I superintended it and saw that he was properly searched—his boots and coat were taken off.
By the JURY. I was about 10 yards in front of them then—I was in front of them, the prisoners were between me and the prosecutor.
GUILTY .**— Five Years' Penal Servitude.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ANNIE HIGGS . I am assistant to Mr. Allwood, who keeps a coffee-shop at 102, Fetter Lane—on 9th July, about a quarter to 6 p.m., the prisoner came in for a pennyworth of tea in a quart can and put down a shilling—I tried it in the tester and it bent easily; I then broke it with my teeth and gave it back to him—I asked him where he got it from—he said a machine man gave it to him at Bell's in Cursitor Street—he went away but did not take the tea—I picked him out on 9th July at the police-court from several others.
Cross-examined. I did not give you in custody then because the master was not at home—I know you by your face and your clothes.
By the COURT. I know it is him because I took a good look at him that I should know him again—I have no doubt he is the man.
RICHARD CANTY . I keep a coffee-shop at 29, Cursitor Street—about 4.15 on 9th July the prisoner came in for half a pint of tea in a pint can and two slices, price 2d., and put down a florin—I saw at once it was bad, and asked him where he got it—he said, "From a machine minder at Bell's"—that is about 20 or 30 yards from my shop—I asked him if he would go to Bell's—he said "Yes"—he want quietly from 12 to 14 yards, and then made a sudden bolt—I shouted and ran after him, and he was taken by a constable—I accompanied him to Bell's within 20 minutes.
JOHN MCINNIS . I am cashier to Messrs. Bell, printers and bookbinders, Cursitor Street, and have been so 18 years—I pay all the people employed there except the machine-minders—the prisoner has never been employed there—I know all the machine-minders by sight.
JAMES PARISH (City Policeman 317). About 4.15 on 9th July I saw the prisoner running and Mr. Canty running after him—I stopped him, and the prosecutor came up and charged him with tendering a bad florin for some tea—I asked him where he got it—he said a man had given it to him to go and buy some bread and butter and tea—I said "Where do you work?"—he said "At Bell's, the bookbinders in Cursitor Street"—I took him there and saw Mr. Bell, who paid in the prisoner's presence that he didn't know him, and he was not known there at all—I searched him at the station but found nothing.
The prisoner, in his statement before the Magistrate and in his defence, said that a man from Bell's had given him the coin to go to Canty's and get a pint of tea and two slices, and to say that he worked at Bell's, and that he ran away because he thought they would lock him up.
GUILTY . His mother entered into recognisances for his appearance to receive judgment when called on.
OLD COURT.—Tuesday, July 28th, 1885.
Before Mr. Recorder.
FULTON and WILLES Defended.
FORFAR PLEADED GUILTY .— Eighteen Months' Hard Labour.
The defendant Vagg was a mortgage broker, and acted in that capacity in negotiating loans for Forfar and others. The RECORDER held that there was no case to go to the Jury as against him, and directed a verdict of
NOT GUILTY .
NEW COURT.—Tuesday, July 28th, 1885.
Before Mr. Common Serjeant.
MR. METCALFE Prosecuted.
JAMES HARRIS . I am a tobacco sampler, of 28, Ruasell Street, Mile End—on 11th July about 9.30 I was in Whitechapel Road alone—I had a metal watch and a steel chain—somebody pressed against me, and I saw the prisoner, and at the same time heard a click as of a pair of tweezers—I seized his hand—he said "What do you want?"—I said "My watch"—he struck me on my face twice, and I struck him again—I was not hurt materially—I slipped down on my knees, but not from the blow—he ran away, and I got up and ran after him—a policeman followed him 50 yards and caught him—I tore his waistcoat in the struggle, and kept half of it in my hand—this is my watch (produced)—the ring has gone—it was in good order before—I do not wish to press the case against the prisoner; I hope you will deal leniently with him, and give him another chance.
Cross-examined by the Prisoner. You were not coming down Raven Row when I caught hold of you—you said "You have made a mistake; you have got hold of the wrong person"—there was a crowd when the struggle occurred, but not before.
his feet—the bow was broken—Harris's chain was hanging from his waistcoat—the prisoner struck Harris two forcible blows with his fist, one on his eye and the other on his cheek.
ARTHUR MONROE . On 11th July I was in Whitechapel Eoad trying my strength on a weighing machine and saw the prisoner put his hand in Harris's pocket and heard the snap go—he dropped the watch at his feet and ran as fast as he could, and tore half of his waistcoat off, and a boy picked it up and found some papers in it—he pulled himself together as if there was nothing the matter, and said to me "What is the matter, Tommy?"—a policeman ran after him.
Cross-examined. You tore your waistcoat yourself in pulling it off, and then dropped it, and you had something round your neck which you threw away too.
JOHN HOWARD (Policeman H 93). I was in plain clothes and not on duty—I saw the prisoner run across Whitechapel Eoad and ran after him, and heard a cry of "Stop thief"—he went round Raven Road, turned to the left and met me—he was then arranging his clothes—said "I am a constable, stop"—he said "What do you want?"—I said "I don't know yet, stop half a minute"—Harris came up and charged him with stealing his watch and assaulting him—Atkinson gare me the watch—I am sure the person I saw running was the person who turned back and met me, there was no one else in that street; the crowd was behind me.
Cross-examined. You were not in Harris's custody before I got'there—you ran back and said "I have lost half my waistcoat, the lad has got the other half."
The Prisoner's Statement before the Magistrate. "I shall plead guilty."
Prisoner. I said that I should plead not guilty.
The prisoner produced a written defence stating that there was a rush of people, and a man seized him by his waistcoat and accused him of taking his watch, and he told him he had made a mistake.
GUILTY** of robbery without violence.—Recommended to mercy by the prosecutor .— Eighteen Months' Hard Labour.
MR. RIBTON Prosecuted.
GEORGE HENRY BREWER . I am an agent, of 13, Elm 'Park Road—No. 11 separates my house from No. 9—on 15th June I locked the door leading from the passage to the conservatory about 9 p.m., and on the 16th, about 7 p.m., when I came home from business, my attention was called to it—I examined the lock and found the bolt forced away from the jamb, and the screws partly out—some panes of glass in the greenhouse were broken—the constable showed me a jemmy which fitted some marks in the passage door.
TIMOTHY CRONIN (Police Sergeant). On 16th June, about 3.15 a.m., the prisoners were brought to the station—I found this jemmy prized under the lowest sash of the area window at 9, Elm Park Road—it corresponds exactly to three different marks—a little shrub on the wall between No. 9 and No. 11 appeared to have been stepped upon—that is the probable way that they got from 9 to 11.
Cross-examined by Williams. I did not go there till about 4 p.m. on the 17th, as the prosecutor was not at home at first, and I had an appointment with him to know whether he had fastened the door—I did not shove the jemmy into the impression, it was so plain—I did not make it myself.
FREDERICK RUDGE . On 16th June, about 3.30 a.m., I was with Farnes at the back of Elm Park Road, heard a dog bark, and saw the two prisoners scale the wall from Callow Street to the rear of No. 9—I followed over the wall and saw Field with this jemmy trying to force the catch of the area window—Williams was standing by him—I took him in custody—four common latch-keys were found on Williams, one of which has been filed.
Cross-examined by Williams. The wall is six feet high—I had no ladder—we followed you in two or three minutes; it was impossible for yon to have got farther.
Williams's Defence. We are both perfectly innocent of going to No. 13. This jemmy never went farther than No. 9. It is not feasible that we should have got so far as No. 13 in the time. The policeman must have made the marks at No. 13 himself.
FREDERICK BUDGE (Re-examined). I picked up this portion of the jemmy, which was stuck in the window-sash, and the other piece was on the window-sash, both at No. 9—it is supposed that both ends were joined, and the perfect instrument fits the marks at No. 13.
GUILTY . WILLIAMS then PLEADED GUILTY ** to a conviction at Newington in June, 1880, in the name of John Winn , of housebrcaking.— Five Years' Penal Servitude. FIELD*— Eighteen Months' Hard Labour. The COURT considered that the conduct of Fames and Rudge deserved the highest credit, and trusted that it might lead to their promotion, and MR. GRAY, the occupier of No. 9, expressed his intention to reward them.
MR. POPE Prosecuted.
GEORGE BIRCH (Policeman). On 19th June, about 2.15 a.m., I was on duty in New Broad Street and found a small door open in a hoarding outside some new buildings—I waited a few minutes and heard a noise inside the hoarding, and shortly afterwards the prisoner dropped from the hoarding into the street and ran away—I ran after him, caught him, and said "What were you doing over there?" he said "I was looking after some cats"—I took him to the station—I had tried the door a quarter of an hour before, and found it secure.
constable—he is caretake at 20, New Broad Street—we sleep in the second-floor front room, at the back of which is a small room with a sky-light window, 18 inches square—on June 19, about 2 a.m., I was awoke by some little thing dropping—I listened, heard a match strike, and the reflection lit my room up, as the door from my room to the little room was standing open—I called out "What are you doing there?" but got no answer—I heard a great rush for the window and rang the bell in my bedroom, and threw up the window and called "Police"—I then went into the next room and saw some one going over the roof—I waited a few minutes and the servants came over the roof—I had shut the window down at 10 o'clock when I went to bed, but there was nothing to fasten it with.
EDWIN BOWELL (City Police Sergeant 41). I met Birch with the prisoner in charge—I examined the roofs from Nos. 20 to 35—I found scratches of boots on the lead at No. 20, near a small window 18 inches square, and a slate was fresh broken—Nos. 24 to 30 are enclosed by a hoarding 20 feet high—there is a door in the Mews—I searched the prisoner at the station and found a watch and metal chain, a ring, two cigars, a cigar-case, 3 1/2 d., a pencil, a knife open, and two handkerchiefs, one of which, marked "A.J.," is identified as being stolen from No. 37.
Prisoner's Defence. The door was secure at a quarter to 2, and at 2 it was found open, I do not see how I could do so much damage in a quarter of an hour.
GUILTY .— Fifteen Months' Hard Labour.
PHILIP KOOTOSKI . I am a butcher, of 4, Montague Street, Bell Lane, Spitalfields—on Saturday, June 20, I left the Synagogue at 9.30 p.m., and was in Bell Lane—the prisoner came up against me, and when I turned round to see what it was he made like he was drunk and stood against the wall, and done so as if he was sick—I went about eight or nine houses up, and heard steps very sharp, and turned and saw him again near me—I went to the other side—it was a rainy night—he done again like he was drunk, and catched me by my neck and called out "Make haste"—he was then behind me; another man directly came in front of me—the prisoner held me tight with his hands and hurt me, and the other man unbuttoned my coat and took my gold watch out, and only left this piece of my chain—I struggled with him three or four minutes, and could not get any one to help me—the prisoner gave me a knock with his fist, which hurt me, and I let my chain go—they both ran away, but a witness ran after the prisoner, and I saw him stopped—this is my watch (produced)—I was ill afterwards and was in bed four weeks, because I had a kick in the leg—I can't tell who gave it me, but I am perfectly certain the prisoner is the man who took me by the neck behind, because I saw him twice.
Cross-examined. I am sure he was not drunk—I do not know whether he was actually sick—Bell Lane is pretty crowded on Saturday night, but I saw no others around till after I lost my watch—it was safe when I felt the tug.
Re-examined. The prisoner was not too drunk to hold me by my neck, or to say "Make haste."
HIRAM JACOBS . I am a tailor, of 116, Gonlston Street, near Bell Lane—I went out of the Synagogue with the prosecutor about 9.30; it was pouring with rain—I stopped two or three minutes in Bell Lane and he went on—when I was going home I saw the prisoner standing behind him, holding him by his neck, and another man in front of him—I am sure of the prisoner; I could swear to him twenty times—I halloaed "Police"—the prisoner gave him a knock on his arm and he let the chain go and halloaed "Stop thief"—I ran after the two men, and the one with the chain ran in the other direction—I followed the prisoner and called "Stop thief"—a lot of people came and said "They have got him"—I was behind the prisoner and did not lose sight of him for a moment—the policeman came up.
Cross-examined. The prisoner had his hands round the prosecutor's neck—I have known the prosecutor sixteen years, he is a butcher—I have not been a witness over and over again for him at Shoreditch and Bow County Court; never—I have worked for Mr. Rosenberg twelve months up to the time this occurred—I was working for him on this Saturday night, and got my wages and I worked there afterwards.
HARRIS CASHTEIN . I live at 27, Wentworth Street, Bell Lane—on Saturday evening, June 20th, I was in Wentworth Street, Spitalfields, and saw the prisoner going as fast as he could—Jacobs was running after him, pointing to him and calling "Stop thief"—I caught hold of him; he tried to strike me, but I held him too fast, and he had no power to get at me—he said "For God's sake let me go;" but they held him—he began crying.
Cross-examined. I am sure he said "For God's sake let me go." (These words were not in the witness's deposition)—I am in an egg merchant's shop.
Re-examined. I cannot remember what the prisoner said, but I met him again crying—I cannot swear that I heard him say "For God's sake let me go," as it is four weeks since it happened.
SAMUEL MOORE (Policeman N 349). On 20th June, about 9.30 p.m., I was on duty in Commercial Street and heard cries of "Police" and "Stop thief" in Wentworth Street—I ran there and saw several persons holding the prisoner by his coat tails; he was struggling to get away—the prosecutor said "He has stolen my watch"—I took him to the station—he said "I should not have been in this if it had not been for my chum.
Cross-examined. He was under the influence of drink—I believe he is a hard-working honest man; I can find out nothing against him—he is a stonemason—I never saw him before that night—he was between drunk and sober.
NOT GUILTY .
Islington—on 31st May, about 11.15 p.m., I was in Chapel Street with a young woman and saw the two prisoners and a man named Mason—they said, "There he goes"—I turned back, left the young woman, and the prisoners said, "We have just shot a fellow in Upper Street, and we have got a bullet left for you"—Mason had a knife up his arm, and he showed it to me in the prisoner's presence—I crossed over with the young woman towards a public-house, and the prisoners and Mason ran across the road to me, and one of them said, "What about the fight? you had nothing to do with it"—I said, "No, you may take my word for it"—on the following Wednesday or Thursday, June 3rd or 4th, about 4.30 p.m., I was at the corner of the Liverpool Road, and called the two prisoners over to me, and Brown said, "We are only waiting for you to get round a quiet turning, we mean to do for you"—I said, "What for?"—he said, "For coming down and paying our lads"—we walked to the Angel, and I showed Brown the account in the Evening News of Page being shot in Upper Street—he said he should never have thought it, and we parted—one day in the next week the prisoners and another lad came up to me near the Angel—Brown had his hand under his coat, under which I saw the butt end of a pistol—he said, "I am told you are going to wring my neck"—I said, "If there is any disagreement between us, you and I can finish it without any one else," and we parted—on 21st June, between 6 and 6.30 p.m., I was in White Lion Street outside the house where I lodge; a boy shouted out, "Look out, here comes the lay," and the two prisoners came up—Brown said, "Where do we find Joe Reed?"—I said, "I don't know"—we went to the bottom of the court, and Brown accused me of fighting one of their lads on the Saturday before—about an hour afterwards I was in Chapel Street and Foxcroft came up with six others—one of them said, "What are we going to do, lads?"—another answered, "Do as we said," and one who I know by sight took a belt off and hit me across my right arm—there was a whistle, and Brown came running down with some more lads and struck my right eye with his fist, knocking my hat off—I ran to a coal shed to take refuge there, but found the door shut—I then went back and found I had been stabbed in my arm; I don't know who by, but Foxcroft was nearer to me than I am to that gentleman. (About a yard.) I was attended by a doctor.
Cross-examined by Foxcroft. You were behind me when I was stabbed—there were two cuts at the point of my left elbow.
JOSEPH BIRD . I am a greengrocer's assistant, of 9, York Buildings, Somers Town—on 21st June, a little after 5 o'clock, I was with Ayres in Chapel Street and saw Foxcroft and six or seven others—one of them said, "What are we going to do, lads?"—the answer was, "Do as we said"—one of them struck Ayres on the arm and ran away—Ayres ran down Chapel Street towards the cow-shed, and Foxcroft ran behind him, drew out a knife from his trousers pocket, and stabbed him on his left arm under his elbow, while he was running—I saw the blood—I was nine or ten yards off.
THOMAS MCCARTHY . I live at 101, White Lion Street, Clerkenwell—on June 21st I was near Chapel Place and saw Ayres there—Foxcroft came up with two or three more chaps, and Brown with five or six more—one said "Is Bunny over there?"—they all went towards Ayres, and Foxcroft ran behind him, drew a knife from his coat sleeve, and made
two blows at Ayres, and the second caught him on the arm—it was a long bladed knife.
FRANCIS JOHN BUCHELL . I am a surgeon—on Sunday, June 21st, a little after 5 o'clock, I saw Ayres at the police-station—he had a punctured wound on the outer side of his left elbow—there were two corresponding cuts through two very thick coats—it would require considerable force to inflict the injury.
Brown's Statement before the Magistrate. "I had no knife. We fired on Hobbs."
JOSEPH HELSON (Police Sergeant N). On 21st June I saw Brown—as I approached him he ran away—I took him, and next day he and Foxcroft were charged together—Brown said "I beg your pardon; yesterday neither he nor I had a knife; I am the one who fired the pistol at Hobbs"—Brown was wearing a belt.
Foxcroft's Defence. There has been no knife found to prove me guilty. Ayres was standing with two or three others, and saw a gang coming down outnumbering them, and they ran away.
GUILTY of unlawfully wounding. BROWN*— Five Years' Penal Servitude. FOXCROFT— Eighteen Months' Hard Labour.
FOURTH COURT.—Tuesday, July 28th, 1885.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
(The details of this case are unfit for publication.)
NOT GUILTY .
The prisoners were again indicted for conspiring to commit the offence. MR. POLAND offered no evidence.
NOT GUILTY .
MR. SCALES Prosecuted.
THOMAS GODWIN JOHNSON . I live at 138, High Street, Homerton, and am a clerk—on 1st July about 3 a.m. I was in bed, and was awoke by my servant—I went downstairs, opened the drawing-room door, and saw the prisoner half under the shutters of the window which leads into the conservatory—his shoulders were in the room—finding I could not get at him, I ran out by the back door, and he was trying to escape across the lane—I took hold of him, had a struggle, and we fell together—my wife and servant called out at the window to two constables who were passing, they came over the wall and took him in custody—there were marks of cement on the window, and two windows were broken—the scullery
window was broken downstairs where an attempt had been made to get in—the house was secure when I went to bed.
Cross-examined by the Prisoner. You made your way through the conservatory.
WILLIAM BELL (Policeman M 565). On 1st July about 3 o'clock I was in the City Road—I heard a woman scream "Police, help," and ran in the direction and jumped over a garden wall, and saw Johnson standing over the prisoner, who was on the ground—I took him—he was not tipsy.
The prisoner in his defence stated that the relieving officer would not let him into the workhouse as he was in liquor, and that he went to this house to sleep, which belonged to the union, and which he had been to before and thought was empty.
THOMAS GODWIN JOHNSON (Re-examined). I am assistant clerk to the Guardians, and have been living in the house to take care of it; it is a large house adjoining the infirmary, and part of the workhouse, so to speak—the top floors are empty—both front and back windows have curtains, and so on—I should not have charged him, but that he had put mortar over the window to deaden the sound when he broke it.
NOT GUILTY .
MR. SCALES Prosecuted.
ISABELLA GORDON . I am a widow, and keep a beershop at 84, Great Church Lane, Hammersmith—on Saturday, 30th May, about 8 o'clock, I shut and closed my house properly—next morning, Sunday, at 5 o'clock my daughter in the next room awoke me screaming—I went to see what was the matter—she said a man had been in her bedroom—I went down-stairs and found the back door open; this bag had been left in the parlour with tea and sugar; it was safe at 12 o'clock; it had been taken from the parlour to the kitchen and cut open—I know the prisoner by sight—he comes in for beer for his mother.
EDITH GORDON . I am the last witness's laughter—on Sunday morning, 31st May, I was in bed, and saw the prisoner in my bedroom—he stayed there some minutes—I screamed for my mother—he rushed downstairs—I had served him the previous day with some beer.
JOSEPH CHAPMAN (Police Sergeant T). On the 3rd I examined these premises—an entrance had been effected by a person getting over a high wall and through the kitchen window, which was broken—he had then gone to different parts of the house, returning through the kitchen, and letting himself out by the side door into the street—the prisoner was detained at Hammersmith Police-court the same week—I said "You will be detained for breaking into 84, Great Church Street, and stealing a bag and other articles"—he said "How could I steal them when she" (meaning the last witness) "said she ate them?"
GUILTY . He then PLEADED GUILTY to a conviction of felony in August, 1884.— Eighteen Months' Hard Labour.
746. HENRY SMITH (28) , Burglary in the dwelling-house of William Simper, and stealing a pillow-case and other articles the goods of Isabella Mary Lea, and a coat and other articles the goods of William Simper.
MR. SCALES Prosecuted.
MATTHEW HARRIS (Policeman M 188). A few minutes before 4 a.m. on 10th July I saw the prisoner with another man come over a fence at the rear of 151, High Street, Homerton, and go into the closet—I followed them round; they were getting over another fence—I took the prisoner—they threw this bundle of linen over the fence—a window of No. 151 on the ground floor was wide open, and also the back door—the other man got away.
ISABELLA MARY LEA . I am housekeeper to Mr. Simper, of 151, High Street, Homerton, and am a widow—I shut the house up about 9.30, and fastened the windows and doors—about 4.30 I was called up by the police—the window was open—we missed a bundle and coat and things—I identify all these articles—I had seen them the night before—there were marks on the sash of my window only—the back door was open after I was called up.
The prisoner in his defence stated that he went to the w.c., and that then the other man came over the wall with the bundle; that he wanted to get away from him, and was climbing the wall when the constable seized him.
GUILTY .— Twelve Months' Hard Labour.
MR. SCALES Prosecuted.
WILLIAM FULLER . I am a dairyman, of 1, Blossom Street—at 12.30 on 6th July I was coming along Bishopsgate Street—the prisoner got hold of my collar, put his knee against my back, and pulled me down backwards, put his hand in my pocket, and took out 7s. 6d. and a knife—I held him till a constable got close by, who took him.
SAMUEL MOORE (Policeman H 349). I was on duty in Commercial Street about 12.45—I saw the prosecutor down on his hands and knees as if getting up, and the prisoner running across the street—the prosecutor shouted "Police!"—I ran after the prisoner, and brought him back—the prosecutor said "That is the man, he has robbed me"—I said "What of?"—he said "7s. 6d. and a knife"—the prisoner said "I have been to Limehouse"—I said "Very well, I shall take you to the station and make inquiries"—he said "To tell you the truth, I have not been any farther than Church Street here"—he was taken to the station, charged, and in his waistcoat pocket I found 5s. in silver, and in his trousers pocket 2d.—the prosecutor was drunk.
JOHN PIGGOTT (Policeman H 204). I saw the prosecutor on the ground—I asked him what was the matter—he said he had been knocked down and robbed of 7s. or 7s. 6d.—I saw the prisoner crossing the road—Moore ran after him—at the station the prosecutor said he had been robbed of a knife—I found the knife in the street, about the same place—he identified it.
The prisoner in his defence slated that he went across the street to see what the row was, and was taken in custody; that he had his wages, 1l. 2s. 6d., on the Saturday, and had only paid out of it 9s. He produced a written character.
NOT GUILTY .
MR. SCALES Prosecuted; MR. DILL defended Leach.
JOHN LORRIMAN . I am a jeweller at Hind Street, Manchester Square—on 25th June I went to bed, and about 2.10 heard a loud crashing at the window—I found a hole in the middle window of the shop—the window has iron rails round it, no shutters—I keep jewellery in the window—I missed some rings and little trinkets—the window was safe when I went to bed—I went down to the police station, where I saw the three prisoners—I had previously seen them in a public-house about 10 o'clock.
Cross-examined by MR. DILL. The crossbars are perhaps 16 inches apart—I could put my hat through the hole in the window—I was in the public-house when I saw the three prisoners, in a different bar; they used shameful language, and the landlord would not serve them—Leach waa there; I knew him directly I got to the station—they had been in the neighbourhood five hours.
THOMAS AUGUSTUS PAINTER . I am a tobacconist, at 76, Marylebone Lane—on 25th June, about 12.30, I was in bed and heard a scratching noise—I went into the shop and opened the door of the enclosure of the windows—the plate glass window was cut out, and I was looking to see where the pieces came from—I saw a hand come through the window; I laid hold of it and called to my wife to run and call out police—another came behind and pulled the owner of the hand away—I ran up the lane in my nightshirt calling "Police" and "Stop thief"—when I got to the corner of London and Wigmore Streets I met a policeman—he came back with me—I put my clothes on and described the two men—while taking the things out of the window I said "Here are the two"—the policeman jumped over the counter and ran out and caught one of them; I caught the other—I had missed a smoker's companion and a meerschaum pipe—I held Marshall as well as I could—two constables came up and took him to the station—I had not lost sight of him—I went to the station, where I saw two men whom I said resembled the two I had seen through the window.
Cross-examined by MR. DILL. I did not see Leach at the time.
Cross-examined by Marshall. I did not see you at the time my window was broken.
Cross-examined by Welch. I could not swear to the two men that did it, but I am almost sure you are one.
Cross-examined by Welch. I saw you in the public-house in William Street with three little girls.
JOHN LEWIS (Policeman D 145). On 25th June I was in Thayer Street and heard three distinct knocks and the breaking of glass—I ran to the corner of the street, looked up and down, saw no one but the three prisoners standing outside Mr. Lorriman's shop—I took off my helmet, and crept along the railings till I got nearly to them—they said "Look out, a b—g copper"—they ran and I after them—I caught Leach and called out "Stop thief," and Mr. Painter and a constable came out, and
in three minutes the prisoners were at the station—I went and found the jeweller's window was broken and charged them.
Cross-examined by MR. DILL. I ran about 30 yards before I caught Leach—on searching him at the station I found a watch and chain, none of the stolen articles—when apprehended he said "What do you want me for? I have done nothing."
Cross-examined by Marshall. I recognise you by your dress; I swear to you by your brown coat—there was a lamp in Mr. Painter's shop—I have no idea what trousers you had on.
Cross-examined by Welch. I saw you with the other prisoners.
JOHN WEATHERTON (Policeman D 235). On 25th June, about 1 a.m., I was in Brick Street; I heard a noise, and on proceeding to the spot saw Marshall—Mr. Painter called to me to catch him—I took him to the station; he said he was assisting the police—I charged him with burglary.
Cross-examined by Marshall. Mr. Painter was calling "Police" in Brick Street; you were passing to and fro among the crowd—no one had hold of you when I came up.
Marshall and Welch in their defence stated that they knew nothing about it, but were passing, and were arrested. Welch added that he knew the men who had done it, they were awaiting their trial for another offence, in the House of Detention, and had shown him the pipe.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
751. JOHN BROWN (40) to burglary in the dwelling-house of Albert Thomas Fox, and stealing six books and other articles, his property.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. SCALES Prosecuted.
ISAAC FORD EADDY . I am a lighterman, of 236, Lower Road, Deptford—on 25th June, between 10 and 11 o'clock, I was in Great Peter Street, and went into a public-house and called for a small lemon—Cross came up and held out his pot asking me to fill it—I took no notice and walked out—as soon as I got outside two women came up and asked me to give them 2d.—I took no notice and walked on—I had got nearly to the top of the street when Cross came and said "You have been speaking to my sister, give me some money"—I would not—he hit me a severe blow on the cheek-bone and two men ran up, and Cronin hit me behind my ear, knocking me senseless—I must have come to very quickly, but my watch and chain were gone and the prisoners were running away—they had left this part of my chain—I ran after them and caught one, but the others came and got him away after giving me severe punishment—a policeman came up and a young man found and gave me part
of my chain—I was perfectly sober; I am certain of the prisoners—the watch and chain were worth 7l. or 8l., and the hat 7s. 6d.
Cross-examined by Cronin. I said at the police-court you had a slight moustache—I don't think you were in the public-house.
Cross-examined by Cross. I went in the public-house by myself, and was not drinking with any one there—I took no notice of any one there till you brought me the pot—I swear you are the man that asked me to fill it.
JOSEPH SUMMERS (Police Sergeant B). On 25th June, at 11.30, I saw the prosecutor at the station, Rochester Row, where he had come after being knocked about—I went into the public-house in Peter Street, and saw three men—I came out and said to the prosecutor "You had better go and see if you can recognise any one"—he went in, and came out and said "That is one of them standing at the bar"—he opened the door and pointed to Cross—I went in and told him I should arrest him for stealing a watch and chain; he said he knew nothing about it—I took him to the station, searched him, but found nothing on him—he afterwards said "I did not have the watch, the other two men had the watch and chain, and I will tell you the names"—he gave me the names of the other two—on 13th July I was in Nine Elms Lane with another officer, and saw Cronin speak to another man, he attempted to run away and slipped; the other officer went in front, I took hold of him behind, and told him he would be charged with being concerned with one man in custody and another not in custody with stealing a watch and chain; he said "Only being concerned"—I said "That is all"—he said "That will do"—he was taken to the station, placed with eight others in the yard, and identified by the prosecutor immediately.
The prisoners in their defence asserted their innocence.
OLD COURT.—Wednesday, July 29th, 1885.
Before Mr. Justice Grove.
MR. POLAND Prosecuted.
GUILTY .— Penal Servitude for Life.
(For other cases tried on this day and on Thursday see Essex, Kent, and Surrey cases.)
NEW COURT.—Wednesday, July 29th, 1885.
Before Mr. Recorder.
757. GEORGE HARPER (23) and DAVID KING (21) to burglary in the dwelling-house of Eliza Back, with intent to steal; also to being found by night with housebreaking implements in their possession.— Fifteen Months' Hard Labour each. [Pleaded guilty: See original trial image.] And
MR. GRAIN Prosecuted; MESSRS. PURCELL and REED Defended.
ROBERT CHILD (City Detective Sergeant). On 15th June, about 2 o'clock, I saw the prisoner at the office of the solicitor for the prosecution with a gentleman from Marseilles representing a firm there—Mr. Abrahams spoke to him in English, and told him I was the officer who was going to arrest him—the prisoner spoke to the French gentleman in French, which I did not understand—I then said to him in English, "I am going to arrest you, you will be charged with stealing about the month of May 100 barrels of castor oil; you will also be charged with obtaining them by fraud, and with forging an acceptance to a bill of exchange in reference to the same, and the endorsement on a bill of lading"—he made no reply to me, he spoke to the gentleman in French—I took him to Snow Hill Station, and he was charged—he said that his place of business was 11, Westmoreland Buildings, Aldersgate Street—I went there, and took possession of a number of books, papers, and letter copy books.
Cross-examined. I have got all the letters and papers—I do not think there were any letters from Mr. Geddes.
VICTOR BOENFOR . I am manager of the house of Messrs. Sanguinetti and Panjaen, oil crushers, of Marseilles—I first saw the prisoner at my office on 15th June—the name given was Fedeler, Warburton, and Co.—about September last I received a letter from that firm, and subsequently I appointed them our agents for the sale of oil in this country, and in consequence of letters received from them I consigned to Thomas Harris and Sons a shipment by the Renfrewshire on 4th January, and on 12th January 12 casks to Thomas Harris and Sons—the endorsement is, "Deliver to the order of William Geddes, signed Thomas Harris and Sons, endorsed William Geddes"—on 14th February I consigned 20 casks of oil to Thomas Harris and Sons by the ship Hesperia—it is endorsed "Thomas Harris and Sons" and then "W. Geddes"—on 4th April I consigned 50 casks of oil per Nubia to Thomas Harris and Sons—that is endorsed "Thomas Harris and Sons, Wm. Geddes"—on 28th April I sent 50 casks per Comorin to Thomas Harris and Sons—about 14th February I received from Fedeler this bill of exchange for 2,432 francs 30 centimes—that fell due on 15th April, and it was met—beyond the amount of that bill we have not received payment for any consignment—I also received in course of post from Fedeler, Warburton, and Co. this bill of exchange. (Dated 4th April, 1885, for 5,332 francs 5 centimes, payable on 3rd June, drawn on Thomas Harris and Sons; of Glasgow accepted payable to Messrs. Dreyfus and Co., of Paris, Thomas Harris and Sons.) When I dispatched this bill of lading I believed that they were going to Thomas Harris and Sons, of Glasgow, and that the endorsement
would be in their name, and that the acceptance to the bills was theirs—I forwarded the bills of lading direct to the prisoner for the purpose of transmitting them to Thomas Harris and Sons—when I saw him at the office on 15th June I came over specially in consequence of his correspondence, and asked him how it was that Messrs. Harris after two months should ask for an allowance of 500 francs—he had written to me about that, and I said, "Why did you send us your bill for the 50 casks?"—the last 50 casks had been consigned to Harris and Sons—instead of sending our bill he sent us this promissory note of his own (produced)—he was very astonished at my being here, and he wanted to prove how it was he sent us his bill, and he showed me this bill (produced) on account, of the 50 casks sent per Nubia—the net amount is 195l. 10s. 1d.—when I saw that account sale I perfectly saw how the thing was; I perfectly understood that Thomas Harris and Sons had never benefited by the merchandise, and I asked the prisoner how it was he had taken the merchandise and the money—he said, "I have had the money and have paid different debts of my own with it"—he begged me not to ruin him, and offered to give me some goods to diminish his debt—I said, "I cannot take goods if they are not really your property," and that I was convinced that the firm of Thomas Harris and Sons did not exist—I said, "Show me the letters wherein you have sent the bills of lading to Messrs. Harris and the drafts"—he was not able to show me any, he said they were at his house—we spoke German, French, and English together.
Cross-examined. I said before the Magistrate, "He avowed he had received the money for the two consignments, and with the money had paid other bills"—I have seen Mr. Harris since, and I know there is such a person—I inquired for Thomas Harris and Son, not only through the prisoner's firm, but other firms—five lots were sent to them, and three have been paid for.
WILLIAM THOMAS GEDDES . I am a broker, of 17, Hope Street, Glasgow—on or about January 8th, 1885, I received this communication from Fedeler, Warburton, and Co.: "Dear Sir,—We have 10 casks, 300 kilos each, of castor-oil lying at Glasgow; please let us know the present value, and we shall place the sale in your hands; your answer by return will oblige"—we sent our delivery order to the stores and drew our own samples, after which we remitted to the firm our first account on 16th January, 75l.—that was in advance against these 10 casks—after that we received these four bills of lading by post from the prisoner as they are now—they were all endorsed in this form except the second, which is Harris, Thomas, and Sons—we received letters instructing us to sell, and cleared them from the docks and rendered an account to the prisoner—these (produced) are our four account sales—they were all posted by us to Fedeler, Warburton, and Co. in London, and we remitted the amount in due course—we received all these letters and memoranda from his firm—they are all backed by my clerk—this letter is my writing sent to the firm—I have never had any transactions with Harris and Sons.
THOMAS HARRIS . I am a dealer in clocks, bronzes, and electro-plate, at 5, Drury Street, Glasgow, and 37, Cannon Street, London—the endorsements "Thomas Harris and Sons" on these four bills are not my writing, nor are they written by my authority; I never saw them before
—I never gave orders for these consignments, nor have I received orders for them—I received no foreign bills of exchange drawn on me by Sanguinetti and Panjaen—these two signatures, Thomas Harris and Sons, are not written by me or by my authority—I think I sent one order for oil last September from Glasgow—that is the only one I know of—I have had some letters from the prisoner, and I do not think this Thomas Harris and Sons is his writing—these acceptances to bills are not mine—I have no idea whose they are—I never directed the prisoner to make a complaint about overcharge on oil consigned to me by Sanguinetti and Panjaen—I did not give him instructions about any abatement in the prices for them—I never heard of the firm before.
Cross-examined. I am a dealer in the fine arts generally, and I never ordered any castor oil—I knew that the prisoner's firm were dealing in castor oil—Mr. Jameson is their clerk—I have known him over 20 years—I believe an order was given for castor-oil from Glasgow from Gray and Sons—a letter was written to Fedeler, Warburton, and Co., ordering castor-oil to Hutchings and Dixon on 25th September—that was written by Mr. McCall at Mr. Gray's dictation—I had handed samples to Messrs. Gray, and they gave me the order—there was no order from the prisoner's firm to supply Gray with castor-oil; it was to supply Parker, and I got the order to send it—I think that was in September, but I am speaking from memory—in sending the order I believe I ordered it distinctly for myself—this is the letter—it was not written at my dictation, but at Mr. Gray's—I signed it "Thomas Harris"—Mr. Jameson may have written to me about the bills of lading for the oil for Sanguinetti—I do not think the endorsement "Harris and Son" on the bills of lading is the prisoner's writing; it is more like Mr. Jameson's writing than the prisoner's—I said before the Magistrate, "The endorsements on the bills of lading look like Mr. Jameson's"—that is what I say now—I wrote this letter to Mr. Jameson. (This stated: "Your letter and telegram to hand. I have not taken a penny yesterday or to-day, and have no expectation of doing so. You must not depend upon me this week; you must use the oil money") That was because I knew they were dealing in oil—I was dealing with them, and could not remit cash, and told them to use the oil money—I had had dealings with them to the amount of 800l., but I did not owe them anything then, at least there might be something on the books, but I don't think it was very much—I can't say whose the acceptances are to the bills of exchange—none that I have seen are in Jameson's writing—I telegraphed to Jameson, "Send bill of lading in your house and draw cash, as I can't send any this week"—let me explain that in justice to myself I have been asked repeatedly by this man and by Jameson if I would buy oil, and I always refused to have anything to do with it—I have had conversations with the prisoner repeatedly before he was given in charge, and since this oil business, in fact I was very intimate with him and with Mr. Jameson also—I never asked him for a receipt in full—I never suggested that if he did not give me a receipt for what I owed him I would repudiate the oil transaction, nor did I say "If you do not give me a receipt for what I am indebted to you I shall repudiate the oil bills which were signed by your authority"—I have two sons—I know their writing—neither of these two acceptances signed "Thomas Harris and Sons" is in my sons' writing.
Re-examined. Not Jameson, but the prisoner, pressed me to buy oil—
I have been in business in Glasgow 25 years, and in London 10 years—I know nothing about these bills of lading nor the bills of exchange—my son is 19 years old, he is engaged in my office—he is not acquainted with the prisoner, I believe he never saw him—I have no reason to believe that my son is not honest and respectable—the order in this letter signed by me, of 5th December, was never executed.
GEORGE HENRY HUMPHRIES . I am a clerk to Mr. Alexander Brown, foreign banker, of Lombard Street—the prisoner was a customer of theirs—he brought 170l., or thereabouts, to be remitted to Paris to pay a bill of exchange and acceptance by Thomas Harris and Sons—the 170l. was sent.
The prisoner received a good character.
GUILTY .— Fifteen Months' Hard Labour.
MR. SIMS Prosecuted; MR. GRAIN Defended.
LEAH SYMONS . I am the wife of Simon Symons, a tailor, of 113, Houndsditch—I engaged Mr. Coulan to do some gas fitting—on 23rd April Day came; he had to go into my bedroom—no one was with him the whole time—I returned to the bedroom after being away for a time—he said "That man who did the gasfitting before ought to have been taken in custody, because it was not done properly"—he finished the job, and said he would come next morning and bring some glass globes and tin tops I had ordered—the following Sunday I missed my husband's diamond ring, which cost 23l.—I saw it on the Monday—Day was there on the Wednesday—it was usually kept in a small box in a chest of drawers—I also missed some earrings and an old overcoat from the room Day went into—Day did not bring the globes—Oysterman came three weeks afterwards and said he came from Mr. Coulan to see if the gas escaped in the drawing-room—he afterwards went up to the bedroom—I asked him why he was not there before—he said because Mr. Coulan was ill, and that I ought to have put the message on a slate—he had not been gone ten minutes when I missed my husband's cigar holder, worth a guinea.
Cross-examined. My porter, Bill Smith, who carries my work out, is caretaker sometimes—the bedroom door is open.
Re-examined. The porter would have no opportunity of going to my bedroom without my knowing it.
JAMES COULAN . I am a gasfitter, of 29, Rangemore Road, South Tottenham—Day worked for me—in April I was ill, and he had the key of the shop, and minded my business—he went to attend to this gaswork, as from me—I knew of it afterwards—I know nothing of Oysterman—Mrs. Simons complained afterwards of having lost some things.
Cross-examined. The complaint was repeated in Day's presence—she did did not accuse him; she thought her servant girl had taken them—Day has worked for me on and off eighteen months—he has been an honest, respectable workman—I have had no complaints of him—he lives at a lodging-house—I believe he is married.
Re-examined. I did not know Day had suffered imprisonment till after he was charged.
a certificate of Day's conviction of felony in June, 1882, at this Court—he was sentenced to six months' imprisonment—the charge was stealing in a dwelling-house.
Cross-examined. I do not know what he has been doing since.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. SIMS Prosecuted; MR. GRAIN Defended.
WILLIAM HENRY KERR . I am the wife of William Henry Kerr, a chemist, of 9, Bond Street—on June 1st I left home, leaving a jewel case safe on a chest of drawers in my bedroom—I saw it safe at 3.15—I returned about 5 o'clock, and it was gone—it contained a gold watch, a chain, three lockets, a spade guinea, and other articles—my husband missed a cigarette case and a silver match-box—the value of the things lost is about 90l. or 96l.—I have never seen any of them since.
PARNELA KERR . I am a chemist—I know Day was at work for me on the Saturday preceding June 1st, and I told him with reference to his work on Monday that the water closet wanted a ventilating pipe—he said that he would come on Monday if he could, but it did not rest with him—he did not come on the Monday, and there were no workmen in the house that day—Oysterman had no right to be there.
JAMES COULAN . Day has worked for me for some time, and had been doing work for Mr. Kerr—I knew that Mr. Kerr required him to go there on June 1st, but he said that he had a job to do at a public-house in Tooley Street to repair some valves, and would I lend him a basket and some tools—I said "Yes," and if I was not back he could take them—when I came back he was gone, and the basket too—I had heard nothing before of the job in Tooley Street; that was on his own account—he had told me on the Saturday that Mr. Kerr wanted something done to the water closet.
Cross-examined. I cannot say whether they were going to their work together—they carried a tool basket—I do not know what was in it.
MINNIE VINCENT . I am a servant to Mr. Kerr—on 1st June I went downstairs just before 2 o'clock and met Oysterman—he said "Are the plumbers here?"—I said "I don't think they have been here to-day"—I went down and asked my mistress—she said "No," and I told him—I do not know how he got into the house, I heard no bell ring—he was carrying a basket like this (produced), with a piece of lead pipe through it.
Cross-examined. I saw him a step or two up the stairs ascending, he had not time to go upstairs while I went down to speak to Mrs. Kerr—that is the only time I have seen him in the house—he had to pass a glass door to go out again.
By the COURT. There is a side door and a private door—I think any-body
could open the private door if the key was in the lock—I saw him leave—it was earlier than 3.30, because I thought he had just come from dinner—I remained on the premises, but saw no one afterwards.
ELEANOR GILBY . I live at 10, Court Mews, opposite the back of 9, New Bond Street, and can see the staircase—on 1st June, about 3.30, I saw a short man, very like Oysterman, come down the staircase carrying a workman's basket.
Cross-examined. It was not about 2 o'clock, it was 3.30.
CHARLES RICHARDS (Police Sergeant C). I know Day by sight—I received information and kept a watch on him after 1st June—I found that he and Oysterman were living at a common lodging-house—I have seen them together several times since 1st June—on 9th June I was with Detective East and saw Oysterman in Paternoster Row—East said "Oysterman, we want you to go to the station with us, as we think you have stolen a watch from a lady in Brushfield Street," and I added "There is also a job at No. 9, New Bond Street, of which we suspect you"—he said "I don't know where Bond Street is, I was never there"—we took him to the station, put him with others, and Vincent picked him out—I afterwards went to Mr. Coulan's and saw Day—I said "Day, I am a police officer; I want to know where you were on Monday, the 1st of this month?"—he said "Part of the time I was here, then I went to Tooley Street and did some valves there"—I said "Did you take a basket there?"—he said "No"—I said "What did you do with the basket you borrowed?"—he said "I did not borrow one; I did not have a basket of any sort"—I told him I should take him for being concerned with a man named Oysterman and stealing a quantity of jewellery from 9, New Bond Street—he said "I don't know Oysterman; when I say I don't know him, I may have had a drink with him, but I don't go out with him"—going to the station he said that the previous Sunday some one tapped him on the shoulder and told him of it, and he wanted to go to Wimbledon to do some work, but did not go because he thought it would look black against him.
DAY— GUILTY as an accessory before the fact. He then PLEADED GUILTY to a conviction of felony in June, 1882. OYSTERMAN **— GUILTY.— Judgment respited.
THIRD COURT.—Wednesdayx, July 29th, 1885.
Before Mr. Common Serjeant.
For cases tried this day, see Kent Cases.
~NEW COURT.—Thursday, July 30th, and Friday, July 31st, 1885.
Before Mr. Recorder.
763. WILLIAM WILSON (67) and WILLIAM WILSON, JUN. (28), Unlawfully as agents converting goods to their own use. Other Counts for conspiracy. Other Counts for various offences under the Bankruptcy Acts. (The prisoners declined to plead, and the Court ordered a plea of NOT GUILTY to be entered for them.)
MESSRS. GRAIN and TICKELL Prosecuted; MESSRS. POWELL and BEARD
appeared for the elder, and MR. BESLEY for the younger prisoner.
HENRY ALFRED STACEY . I am Superintendent of Records in the London Bankruptcy Court—I produce the file of proceedings in the defendants' bankruptcy, trading at 3, Gresham Street as Wilson and Eyre—the petition is filed on August 1st, 1884, by Margaret W. Arch-bold, of 111, High Street, Lowestoft, in which I find the act of bankruptcy to be that on or about 30th June, 1884, they made gifts or transfers of their property or part thereof with intent to give a fraudulent preference—I find here their consent to give an immediate receiving order; that is signed by both defendants—there are two affidavits, one by each defendant—they were adjudicated bankrupts on October 8th, 1884—the statement of affairs is dated September 4th, and sworn to as being true, and dated January 13th, 1885.
Cross-examined by MR. BESLEY. The first item is "Unsecured creditors 8,615l. 14s., as per list A"—I find that Borneman held bills of exchange from July 16th to November 10th, amounting to 5,428l. 16s.—the total amount of unsecured creditors is 8,016l., and 7,000l. of that is to Borneman—5,000l. of bills were dishonoured after the bankruptcy—list "G" discloses the full particulars—the only other matter is the iron safe and goods at Gresham Street, 69l. 7s. 6d.—Borneman has carried away property representing about 6,285l., and Mr. States has got it—there is a pledging of two cottages value 350l. to the creditor Margaret W. Archbold, and the balance of the debt is unsecured. (The list of creditors fully secured was here put in, also the deficiency account and the trustees' report and the Vice-Chancellor's report, of which portions were read). The official receiver is an officer of the Board of Trade, who takes possession of property before a receiver is appointed—Mr. Wildey is, I believe, assistant receiver to the Board of Trade; this is his report (read)—the defendants were examined both in public and in private, and were passed on 13th January.
Cross-examined by MR. BEARD. There were two examinations previous to 13th January—they were both examined at a private meeting on October 15th, and a long examination was taken down in shorthand and transcribed—I find nothing on the file to show that Mr. Ditton, the solicitor, appeared on the public examination and examined the defendants—Mr. Vernon is the trustee.
ABRAHAM HOLTZ . I am a wholesale draper—I have known the defendants about three years, and have lent them money on the deposit of goods—they brought the goods and a memorandum of them—I mean invoices like this. (Giving the numbers and lengths of pieces of silk with the amounts.) 4,035 yards at 10d. means 10d. a yard—I did not advance the whole amount; only 80 per cent.—I got the goods before I advanced the money—they were redeemable—this is one transaction, although there were eight deliveries—I received these 17 invoices (produced) from the defendants, and gave them advances from 30th June to 31st July—I drew bills on them payable over a period extending over two years—I have some of the goods still—those which they have not redeemed I have sold—I have not not been paid back any portion of the 1,500l. which I advanced to the defendants—these (produced) are nearly all the cheques I gave them—besides the 1,500l. I made small advances to them in April, May, and June, 1884—to the best of my recollection they owe me 300l. or 400l., but I have no memoranda—I am sorry to say that I am not a man of figures—I have cheques for 101l. 9s. 10d. on May 13th advanced to them,
and 200l. on May 14th, 100l. on May 23rd, 30l. on June 3rd, 160l. on June 4th, 200l. on June 16th, and 350l. on June 30th—they redeemed some goods, but not of the last lot—everything from May is unredeemed—I have 500l. or 600l. worth more in my possession—the trade value of that quoted at 10d. a yard would be about 8d.—I have advanced above the value, and shall never realise the money.
Cross-examined by MR. BESLEY. The invoice beginning 20th June represents the goods deposited with reference to the 1,500l. transaction—everything was done by young Wilson, and young Wilson only—I produce 24 bills of exchange in regard to the 1,500l.—the arrangement was that I should not part with the goods—if Wilsons had gone on trading for two years they could have had them back at any time; or if they wanted particular parcels out they could put in other goods in place of them—young Wilson told me that the money was wanted principally to meet Mr. Borneman's acceptances—the profit to me would have amounted to about 10 per cent. if he had taken the goods away, but I have had to realise them the best way I can—I would have given back the goods with pleasure on receiving the 1,500l.—neither Mr. Borneman or Mr. Ditton tendered me the money and asked for the goods—these (produced) are the cheques, making up the 1,500l. exactly—it was before the first cheque was given that young Wilson told me he required the money to meet Borneman's bills—it was arranged that I should advance him 1,500l., and I advanced it as the goods came in—he has often redeemed goods, and at times I have sold goods which were unpledged, and got them invoiced to me, when I got a desirable purchaser—I always got a receipt from young Wilson when I sold goods—we discussed the length of the loan being two years, and the terms—I did not know from young Wilson that Borneman was drawing at two months instead of four months—I have been doing this since 1882—young Wilson is the only person who had transactions with me—he has signed a receipt on the back of the invoice for the cheques I gave him.
HERMAN FONCHEVEN . I am confidential clerk and manager to Mr. Borneman, the prosecutor—I have known both defendants since 1880—I recollect this agreement being prepared and executed. (Dated 1st May, 1883.) I was at that time at Langenberg, where our factory is—from the beginning of our transactions up to the present time I have had the practical management of all the transactions between Mr. Borneman and Wilson and Eyre under my own personal supervision, and in July, 1883, I wrote to them about my coming to England, and received this reply (produced). (Objecting to his coming at that time). I went to England a few days after that—that was the first time I had been here—I went to the office at Gresham Street and asked for the books—the defendants made many excuses; they said, "They are not here, they are at home," or "They are at the accountant's"—I asked for them numbers of times—I said, "There must be much more stock than I see on your premises"—he said, "No, we have accounted for everything"—I returned to Germany in August, and communicated to Mr. Borneman the result of my visit—I came back to London in October, 1883, went to the defendants' offices, and spoke about the books again, but with the same result as before; they made different excuses—I returned and examined our own books as to the consignments made to Wilson and Eyre while I was here—when I received what purported to be a copy of our consignment book
I showed it to the defendants and asked them to check it and say whether that was all in stock—the younger Wilson promised to check it but did not do so—I asked them from day to day and from week to week, and so we got to the end of December, when they said they would take stock, but they did not do it—I asked during that period for an account of the sales they had made, and I got some accounts which I compared later on with the stock—I asked them if there were any more sold, and they said "No"—I asked them more than once, and sometimes young Wilson said, "I know there have been a few sales, but very few, I cannot find them in my books, I shall have to check the stock to find out"—I could not get any stock taken prior to 20th January, on which day I had a conversation with young Wilson, and he was taken over to Germany, I took him to Mr. Borneman—we had a long discussion about the whole business, and it was arranged that he should take the stock immediately on his return to England, but he never did so—he returned to London, leaving me behind, and I arranged with him to return in three or four weeks—I returned about the beginning of March, 1884, but before I returned I received this letter from young Wilson, I having written to him: "February 15th, 1884. To Mr. Borneman. Dear Sir,—Your system of reckoning qualities only creates confusion. You will describe every warp," &c.—no stock was taken in March—I asked for the books again, and he said they were not made up yet—a stock book was made up in Germany, which is here—I requested him to take stock and check it, and he promised to do so—I brought over a list of all the goods—these bills which I had drawn against the consignments were current in February, and I had begun to find money to take up some of Wilson's and Eyre's acceptances; I had to do that in the subsequent months up to June—I was not able up to June to get any account of sales or stock taken—I first heard the name of Holtz in that year; he is the universal provider—I asked young Wilson who he was—he never told me that he had pawned any goods with Holtz—I first heard that he had done go about the end of June or beginning of July—about the end of June I took the stock of actual goods in the warehouse, and while doing so the elder Wilson came in and said "What is going on here?"—I said "I am taking stock; I am going to ascertain how Mr. Borneman's agency stands"—I had previously got possession of their sale-book and invoice book—I did that in June when I had a meeting with Mr. Borneman, and after I came back I wrote a letter to them, in consequence of which I got these books and went through every page—I then told young Wilson that there was a large deficiency, 5,000l. of sales unaccounted for, and therefore I was going to ascertain for myself how matters stood—he at first denied that there was any deficiency, but afterwards he admitted it, but said that the amount was exaggerated—he said that Mr. Borneman should not suffer any loss, and he was quite prepared to pay half the loss according to the agreement—I made out a list of the deficiency, and showed it to both of the defendants—on 4th July I took charge of the whole of Mr. Borneman's, stock which was at the warehouse—I had missed some goods, and they said, "Oh yes, I remember, there are some goods at Holtz's"—in consequence of that I gave this paper to young Wilson: "July 16th, 1884. Messrs. Wilson and Eyre. Not any piece of our satin is to leave these premises to go to Holtz (Signed) Foncheven"—on the back of that is written, in young Wilton's writing, "It is
finished; I cannot struggle any longer; you have destroyed me and yourself"—on 4th July I put an end to the agreement—I said "You have not complied with the agreement in any point, so I do not consider myself bound by it, and I herein ask you to hand it over to me," and he handed it over at once—it was then that the elder Wilson came in—I was going to tell him the whole story, but young Wilson said "Don't you do so, I will tell my father all about it at night, but my mother is ill"—I examined all the books I could get hold of, and here and there some transactions with Holtz were entered—there were occasional entries in a memorandum book—I never authorised them to borrow money on our goods. (A list of bills was here put in). On 16th July a bill for 145l. fell due accepted by the defendants, and on the 7th August one for 226l.; on 12th August one for 436l.; and a number of bills from that date to the last one of Thursday, October 3rd, amounting to over 5,000l.—all these bills have been dishonoured—I took them all up as they fell due on behalf of Mr. Borneman—at page 320 of the sale invoice book here is an entry, "15th January. Messrs. Buckley and Co. of Manchester. Four pieces of satin, 18s. 3d., 15 1/2., 10l. 16s. 10d. "—that is Wilson's own book—it is kept by him or somebody in his employ; it is called Mr. Borneman's book—in this book (another) here is the same entry, the same numbers, the same quantity and quality, the same number of yards carried out at 16 1/2 d. a yard, total 10l. 11s. 10d.—in Mr. Borne-man's book here is an entry on 16th February, 1884, of sundry goods at different amounts, and the total carried out is 836l. 10s. 4d.—the total in Mr. Wilson's book is the same—the two books agree, and they ought to agree—the transaction is represented quite different in this book, out the amount is the same—that is a book invoice made specially to deceive Mr. Borneman—he very often gives false dates—I am prepared to give other instances from my examination of these books—there are many places more in Wilson's book than there are in Borneman's book, but they ought to tally exactly—when I examined these books in July, 1884, they were not written up—a great number of the entries in them have been written up since in relation to transactions prior—they have been written up after the bankruptcy petition was filed—they were behind in posting up for a very long period—I spoke to Mr. Pearce, who wrote up the books—they were not written up then—here is an invoice of let July, 1884—a greater portion of these goods are ours—I have examined some of these consignment notes with the invoices which I have which were sent to Holtz—the goods included in this list are from the different consignment notes—they kept no stock journal—I have got other consignments of January 30th—number 7457 of that consignment was pledged on July 1st—it was consigned at 2s. 2d., and it was invoiced to Holtz on July 1st at 2s., and there is 20 per cent, off that—here is a consignment note, 5771, price 3s., which is given to Holtz at 2s. 3d., and there are numerous other instances—I found some other goods at Messrs. George Briggs and Co's. after putting an end to the agreement—I did not find that after putting an end to the agreement on 4th July there were any goods of Mr. Borneman's at George Briggs and Co.'s—I missed a certain quanty of goods, and spoke to the younger Wilson—he said "There is nothing missing," and afterwards he said "Oh yes, I remember, there are some goods at Messrs. Brigg's"—I said "Show me the entries in tho books"—he said "I can't"—that was when I first
ascertained that there were goods at Brigga's—he afterwards brought me a copy of the goods that were at Briggs's—I did not give him authority to take them away from Briggs and pawn them with Holtz—I have not seen them at Holtz's—I did not know that Wilson took them away and took them to Holtz after the cancelling of the agreement—neither of the defendants disputed that they were a portion of Mr. Borneman's goods—I can tell from the numbers in this memorandum book that the pieces which were seen at Holtz's were those which had been seen at Briggs and Co.'s—the first piece on Holtz's invoice is 30346, then '348, '343, '347, '344, 1135, 30349, '350, '351, '352, '353, '354, and 30074—that entry is on 15th July—they are entered as having gone to Abraham Holtz.
Cross-examined by MR. BESLEY. I came to England to ascertain the position of Wilson's business—I was suspicious that they did not account in full for the goods—I also came to improve my knowledge of the English language; I knew something about it when I came, but I had never been here before—young Wilson is supposed to be very deaf—I am capable of suggesting that he affects to be deaf when he is not—there have been dealings between Borneman and Wilson since 1881—this 381l. was not due before the new agreement—when the agreement was entered into there was a balanoe of 135l., and that stood over—that is quite a different account—all the accounts under this were consignment accounts—I knew of this agreement a few days or a week after it was entered into—there is nothing in it about keeping books of account—when I came over here I went to their place of business every day, and saw the business going on—I asked to see the books—I was not told that the books referring to their general business were not proper for me to see—I did not come over to find out the names of their customers; my desire was not to improve my knowledge of English and to set up in business and get the business of their firm—it was not my scheme with Borneman that I should learn English and set up here and get the defendant's customers—I am Mr. Borneman's cousin—I know enough of English to know that an acceptance at three months, and not drawn till two months, is a five months' credit—he did not cut off two months' credit; it is not a fact that instead of giving five months' credit Borneman cut him down to three, because the agreement was that we were to draw in one month; it says: "At the end of every successive period of two months the principal shall draw on the agent," and I am sure we have never drawn the 20 per cent.—no accounts were ever settled between us, we could not get him to do so—the goods were silks and satins, cheap ones and dear ones—they had to go through the English workman's hands, for which Mr. Borneman paid in the first instance; but there was a balance on the old account which we could not get, or we would dozens of times have settled it, and instead of that he paid the workmen—we paid 91l. for finishing the goods, and the old debt was wiped off—he did not pay from day to day what we required for finishing the goods—he did not complain that the silks and satins were of inferior quality, and not fit for the trade; on the contrary, he was very pleased and satisfied with them—I was in Court when George Pulley was called on my behalf—I have sent goods on many occasions to Sergeant to be finished, and Mr. Borneman paid for them—young Wilson complained that the goods were not up to the mark for the London market on account of the finishing, but there was no complaint about the goods, he was very pleased
with them—he did not complain that he could not get the prices, but he said to me, "Here are all the goods sold, how could you sell them at that price?"—that was the beginning of July, 1884—he said "I know I have sold at too low a price, and will pay the difference, and will not charge commission"—he assisted me in going through the figures, and said "I know there is a deficiency, but I will transfer my fortune to Mr. Borneman and will insure my life, and all I have shall be yours to wipe off Mr. Borneman's debt, only don't destroy me"—a bill of exchange for 119l. was paid in July—that was paid on 19th July—that was the last bill honoured; there were several bills before that—on the following day I said "Give me that bill, I must have it in my possession, the bank is closed already"—I deny that over 20,000l. was received by Borneman—I did not carry 7,000l. worth of goods off the premises—I was present when Mr. Ditton, the solicitor, took away the books and the goods; the premises had been locked before that, and I had the keys from the end of June—I had attended there every day—I found another lock put on—I carried away the goods in a van with Mr. Dillon on 7th August—they were not invoiced as 6,800l. stock—I don't know how much they realised—Mr. State took them off on 7th August—I asked Mr. Ditton to put the matter into the criminal court—he did not tell me that he had applied to the trustee and been refused—the trustee said he was quite willing to investigate it—I cannot tell whether the trustee refused to help me in a criminal prosecution—when talking about the agreement young Wilson said "Do not do so, I will tell him to-night when I go home"—the elder Wilson agreed to that—the younger one said that his mother was ill, and if he told his father his mother would see by his face that something disagreeable had happened, but I told the elder Wilson one or two days later on—I found in some instances that the prices returned to me have been higher than the prices at which the silks were made, and I told young Wilson so—he said "You must make out a damage account, and I will pay the difference"—in two cases the prices returned to me were higher than those which were realised—I do not remember young Wilson saying that part of the deficiency of goods could be accounted for by my taking the goods at £ s.. d. instead of pieces, and yards—I did not suggest to him that he should get other manufacturers' goods, turn them into money, and keep Borneman perfectly safe—I do not know where the other part of this letter is; this is all I have got—I do not know who cut off the other part, it is addressed to Borneman, and I received it in this state—we sent 4,000 marks in support of the bills—he did not report sales till February—100l. is mentioned in this letter, but it may be 1,000l., as something is torn away—this (Another letter) is Mr. Borneman's writing; I was, I think, present when he wrote it—he says in it "Take care we have not the slightest loss"—I did not suggest to Wilson that he should get goods from manufacturers in England, pledge them, and hand over the money to me—he said "I am not at all bankrupt, and I am going to prove it"—this is Mr. Borneman's writing, but Wilson's writing is on the back—by the agreement Wilson's were to bear the loss to the extent of one-third, and he offered to bear the loss to the extent of half—this account (produced) of goods and bills is in my writing; the bills have all been paid with the exception of what have been produced—the figures I have put down are true, but they are not quite complete; several consignments are omitted—I do not propose to say what the com-mission
would be; I do not know from memory what it was—the current bills were 6,470l.—I can produce them; here they are—the goods taken away by State were not as much as the bills—I have got the goods—the bills drawn against the goods were not of equal value; there were 2,000l. worth of goods which there was nothing drawn against—the bills I produce are plus the 2,000l.—I mean to say that 6,000l. bills were current and dishonoured after the bankruptcy, they began on 3rd August.
Cross-examined by MR. BEARD. I complained that the accounts returned of the goods sold by the Wilsons were not quite accurate—I say that they returned to Borneman lower sums than they sold the goods for—I only know one or two instances where they have sold at higher prices, but I have not had time to compare all the numbers—I do not know whether there are more than two—Wilson kept this invoice book; it is in my writing; all that is in it was dictated, to me by young Wilson because I happened to be there; he dictated the prices at which he had sold the goods—he was bound to return the prices he got, and he has not done so—he did not tell me that some of them were returned at his prices because ours had previously been returned at too much, but he said, "I will tell you, I got a halfpenny more"—the goods in Wilson's book at folio 438, and in Borneman's at 437, purport to be invoices of the same goods to Lloyd, Attree, and Co.—the prices are entered in Borneman's book in all instances, at something less—the total amount of the invoices in Wilson's book is 330l. 1s. 10d., and the total amount of the return to Borneman is 341l. 5s. 8d., that is not 15l. against themselves—it was on April 1st, and I agreed that business should be done at that price, and I sat down and he dictated it to me, and here it is in my writing, and I had it copied, but the invoices have been torn up—some time afterwards I got Wilson's copy book and saw the same invoices—I compared the numbers, and whether they were 1d., 2d., or 3d. it was different—here are several pieces which were not in Wilson's invoices that were already sold in 1884 to Messrs. Walton, and not to Lloyd and Attree—this one is completely false, I mean the one in my own writing in Borneman's copy book, which Wilson dictated to me—that invoice went to Borneman, and the true invoice went to Lloyd, Attree, and Co.—this is entirely a fancy invoice, but of course it went to Borneman's—bills were drawn on the consignment—here is an entry to Botherham and Co., 1,808 yards at 12 1/2 d., and in my invoice book at folio 11 it is 13 1/2 d., a penny higher—on page 24 here is an entry, 4,325 yards sold to Ryland at 11d., and in the corresponding entry in my book it is entered at 12 1/2 d., being a difference of 1 1/2 d.—that was also against the Wilsons—there is a difference of 27l.—I was here when the Chancery proceedings were taken—the ease went as far as an interlocutory injunction; it was to be set down for trial later on in the High Court of Justice—Mr. Andrews was afterwards brought into it as a defendant. (The RECORDER objected to this cross-examination as irrelevant). I was not here at the time, but I understood that Mr. Andrews would be made personally responsible—I made a proof on behalf of Mr. Borneman in October—the amount was 1,089l. 3s. 7d.; he was the highest creditor—I attended the first meeting—I sought to appoint a different trustee to Mr. Andrews, and we applied for an adjournment to prepare our books—I did not oppose the application of Mr. Andrews as trustee—a great many of the goods left at Holtz's had been consigned by Borneman as far back as 1882, and others in 1883
—there were different consignments—the list of goods left with Holtz is included in our consignments made in January, 1884—I have made out a list of the consingments—the bills did not represent so much as 80 per cent. on the consignments—no particulars are given; they were not drawn without respect to particulars are given; they were not drawn January 10th—the goods were sent in in May, June, and July—the bills were not appropriated specifically to any goods—the goods are told up to 2.849l. 3s. 10d. from January to June, 1883, and the acceptances from January to June came to the same amount—every one of these bills has been paid, but some of the bills for January, February, and March have been renewed several times—one is for 581l.—I am looking at my pocket-book, and there were two others, one for 339l. due April 27th, and another for 232l. due on the same day—the bills are not on this account—there may be another—the others that I have been speaking of are subsequent; they are for 300l. odd—the 381l. bill was renewed, and afterwards met—alll the bills on this account have been paid—all these goods may be entered now in a red book kept by Messrs. Wilson, but they were not—I made out a list of those goods which could not be found in stock—Wilson has got it; they may have been sold, it has never been denied—here is the list of missing goods; some of them may be accounted for, but I can't find it—this one 9774, sold to J. Bord, may be entered in the day-book in the sale account, the but after I checked the stock-book there were have accounted for everything," but it was not the fact—we sent up the list, and I said "Show me the entry in your book"—he said "I cannot"—I had nothing to do with the names of other defendants being inserted in this indictment—I gave no leave to put them in—I saw Feston, their agent, over here a year ago—I do not remember seeing him since October affair is so and so, I have read the letters Wilson has written"—and so we entered into a correspondence—the elder prisoner was there all day long, and sold goods—he used to read the newspaper there, and he went through the books, and passed remarks—he came between 10 and 11 o'clock, and went away at 3,4, or 5 o'clock, but the active man in the concern was his son.
Re-examined. Three hundred and thirty-four pieces valued at 2,000l. are missing—the stock-taking was in June; they were sold two years ago, and were not entered in the books.
CHARLES BRUPBACHER . I am a clerk to George Briggs and Co., silk merchants, London—on August 1st, 1884 the younger Wilson came there, and asked me to let him have 16 pieces of satin, which we held as security for money advanced to him; in 1883 in exchange for three other pieces, as he was going to sell them, and he wanted to secure our debt—the value was about 100l.—the entry in our books is on August 3rd, but the goods are written off as on 3rd July—he told me to put that date; he did not say why—the numbers of those pieces were 10575 and 10605.
Cross-examined by MR. BEARD. I have some which go back to 8406—our number is 30352—the highest number I have is 34071, and his number is 11277—goods were deposited with us as early as November, 1883, and we made advances against them—I got goods of equal value for these, and I did not see any harm in making this entry in the book—I never saw the elder prisoner.
HENRY BROWN . I was in the defendants' employ from April, 1884, to the time they failed—I remember Mr. Foncheven first coming there—after he had been there some time I received instructions from young Wilson to take some goods to Holtz while Mr. Fonoheven was out, and did so—I entered the goods in the book—here is only one small entry in May, and none in June—here are entries on July 1st and 8th, but there are no amounts—I was the warehouseman, and had charge of the goods—I went to Holtz with goods or caused somebody else to go five, six, or seven times in May, June, and July—when Mr. Foncheven first came to London the elder Wilson asked me if I knew of a place where I could take him, and while he was away I took goods to Holtz several times.
Cross-examined by MR. BESLEY. I went there in 1879 or 1880—I am speaking of the first time Foncheven came over; that is two years ago I believe—Kew Gardens was mentioned as a place to take him to—he spoke pretty fair English, but not as well as he can now—the numbers are on most of the goods which I took to Holtz, but not on all—I do not see any of these 19 invoices in my writing—I expect I delivered them to Holtz, but I do not remember them—I took the goods which they represent—I suppose the same numbers were entered in the memorandum books—very toon after Mr. Fonoheven was there he asked to see the ledger and day-book—they contained the names of every firm trading with Wilson and Eyre, ana young Mr. Wilson told me that he was not to have access to the books of the firm—Foncheven came there nearly every day—I was present when the vans came to the premises, and saw Mr. Ditton in the warehouse—they cleared out the warehouse with the exception of a few pieces—Mr. Ditton laid hold of three books which Mr. Foncheven kept and took them away, and his papers also—young Wilson said once that the goods were spoilt in the finishing, and Mr. Foncheven was told of it, but I never saw any note of it—I am doing nothing now—Mr. Foncheven is not keeping me, nor is Mr. Ditton—I do not recollect hearing young Wilson complain that trade was bad, and that he did not know how to turn to get money to meet bills—a bill-book was kept—no one slept on the premises—some time before August 7th Mr. Foncheven had the keys ot the premises—I remember a padlock being put on a fortnight or three weeks before August 7th, the key of which was in Wilson junior's possession, so that Mr. Fonoheven could not enter.
Cross-examined by MR. BEARD. Wilson senior was present on several occasions when his son told me to take these goods to Holtz, and I have been told in his presence to bring the money back—I said before the Magistrate, "I do not remember that the elder prisoner was ever present"—I do not remember that he was there when the instructions were given—he was away ill for a considerable time; the year before last I think it was, but I forget when.
GEORGE JAMES PULLEY . I was traveller and warehouseman for the defendants up to their failure—about the end of June or the beginning of July I prepared goods value nearly 1,000l. by the younger Wilson's directions to go to Holtz—I sent them off by Brown—I have known other parcels sent to Holtz, and have heard Wilson junior tell Brown to be there early in the morning to take them away before Mr. Fonoheven came—my belief is that the other prisoner was there, but I cannot say positively.
Cross-examined by MR. BESLEY. Holtz had the goods on approbation—
he was a very small buyer—Mr. Wilson said that he wanted to raise 1,500l. to meet bills the following day—I had nothing to do with the counting-house—Mr. Pearce, the accountant's clerk, came every Saturday, but he complained that the sales were not entered, and therefore he could not copy them into the journal.
Cross-examined by MR. BEARD. The elder prisoner interfered very little with the sales—he came about 11 and left about 4.30—the first thing ho did in the morning was to go through the books to see what business was being done, and then he sat down in his private office and read the paper.
By MR. BESLEY. The numbers and lengths of the goods in this document of July 6th are my writing, but the details are carried out by young Mr. Wilson, and I have carried out the prices—that is part of the deposit for the 1,500l. from Holtz—my instructions from young Wilson were to enter the goods taken to Holtz on a rough piece of paper, and not in the book—he had entered them in the book, but whether he entered them in order I cannot say—he told me he was in need of money; trade had not been good for a long time—he did not complain that it was impossible to turn Borneman's goods into money because the prices were too high—we understood that they were first-class goods, and well made, finished by English workmen—that is a trick of trade; they finish them better—he did not complain that he really could not command the value of Borneman's goods; but I know that with regard to the black satin, if he sold he must sell at a sacrifice.
—BORNEMAN (Interpreted). I am the prosecutor in this case—it was instituted by my authority, and I have accepted all Mr. Foncheven's services in the matter.
Cross-examined by MR. BESLEY. When the state of things was discussed in 1884 I asked young Wilson to give me a clear account of all that was done, and I wrote, "Take care that I have not the slightest damage," but I never suggested that goods of other people should be obtained, and money raised on them and paid over to me—State has got the greatest part of the goods he carried off on August 7th in his possession, and the statement has not been rendered yet; a portion has been sold, but not all; other goods have been added, and they will be sold all together, and an account will be rendered—I think 2,500l. worth has been turned into money more or less—I mixed a large quantity of other goods with them which were sent to my place after August—Mr. State is my agent now.
Cross-examined by MR. BESLEY. Mr. Andrews is trustee for the creditors of the defendants—I do not know where these papers were found—I was told last night to search for papers at the office of the trustee—they have been there from the time of the bankruptcy—I suppose the official receiver would have the custody of the bankrupt's papers—I know nothing about the matter.
PAUL DENIS (Interpreted). I have been to Mr. Holtz and seen some of the goods represented by these invoices—they have not been paid for—my firm, Giraud and Co., of Lyons, are creditors of Wilson and Eyre for about 11,000 francs.
Petier, of Lyons—I reside abroad, and attend to the business there—I did not write any of these papers—I did not see the goods packed—they were delivered to the agent of the Wilsons at Lyons—I have been to Holtz's place and seen some of the goods mentioned in these invoices—our firm are creditors of the Wilsons about 2,424 francs—those goods have not been paid for—there was a bill of exchange, but it has not been paid.
Cross-examined by MR. BESLEY. We have been doing business with Wilson's agent at Lyons about 10 months—all the transactions were with the agent—my proof was only for 90l., the amount of the bill of exchange, but there is another account which also has not been paid—I am responsible for prosecuting the defendants criminally—we received a letter asking us to join in the prosecution, and we employed Mr. Ditton, about two months ago—we made no complaint and took no steps until then.
The following witnesses were called for the defence:—
JOSEPH ANDREWS . I am a chartered accountant—I have had very great experience in bankruptcy matters—I was appointed trustee in this bankruptcy at the first meeting of creditors on 7th October, 1884—at that time the books and papers were in the hands of the official receiver, who acquiesced in Mr. Pearce investigating the accounts—I paid him afterwards for doing it—he prepared a statement of affaire; I tested it; it is vouched by the books—I have the proof of Foncheven's claim for 1,039l.—at that time they were claiming the goods removed from the premises as being their property under the Factors Act—I gave notice to Mr. Borneman to know how they made it up—I wrote to Mr. Ditton for some books which I was told he had belonging to the estate, to which he replied that the proof spoke for itself—of course carrying off the goods would put a stop to the business; I had to consider whether I should redeem the goods Mr. State had in his possession or not—I was advised to settle the action—it was an action of Borneman against Wilson—I also had to consider whether I would pay Holtz's claim and redeem the goods—I have here an extract from the cash book beginning with 16th June, receipts and expenditure—it is made up from the cash book and verified as against the banker's book, every item is in the banker's book (Read)—I do not think there is any ground for suggesting that either of the bankrupts had put by a shilling for his own benefit—the accounts are all verified—the books are very fairly kept—I have reported many bankrupts for prosecution—I did not think this a case to bring before the Court in any way; to my mind there was no trace of fraud by either of the bankrupts—I took these goods that went to Holtz as being merely deposited for advances, not in the sense of pawning, he not being a pawnbroker—it is my experience that in a depressed condition of trade the best of men may raise money on goods—the amounts raised from Holtz are truly entered—the money was held at the bank as against bills discounted, and when the bills ran off the money was taken from the bank—I could not trace in the books any settlement of account with Borneman—I have had no complaint front any creditor of any misconduct by the bankrupts.
Cross-examined by MR. GRAIN. The solicitors defending the prisoners are my solicitors as trustee—they were also solicitors to the petitioning creditor—I am not aware that there are numerous instances in the books where the bankrupts have charged larger amounts than they have returned to Mr. Borneman—that should not be so, but in the Meat
Market it is a regular thing—I do not kuow that they made out invoices to Foncheven—I can't say that the defendants had sufficient to meet these bills without borrowing—I have taken means to check over the goods, and I cannot find that any are missing—the books have been gone through by my clerk; I have the details of them—the invoices have been gone through by my clerk, and the numbers checked over, and they appear to be all accounted for—that includes the sales to Holtz—there is no entry in the day-book of 23rd May, 1884, to Coates and May, of a piece sold to them, No. 11041—yes, I see it here—as far as my knowledge goes that was in the books when I received them—I don't know when that entry was made—I don't know that the books were written up after the bankruptcy commenced; it appears in proper form—no entries have been made in the books to my knowledge since they have been in my possession—a balance-sheet was made up half-yearly—there appears to have been a profit and loss account made up, one dated May, 1880, one dated November, 1880, and another November, 1881, and September, 1884, the date of the failure—it would appear that no balance-sheet was made up between 1881 and 1884—if they had asked my advice I should have said they had better have had balance-sheets every month, because it is my business to make up balance-sheets—the balance-sheet of 1881 shows a balance to the credit of the account of 554l. 13s. 10d.; the last, November, 1880, shows 990l. capital of Wilson's—I made a report, whioh is on the file.
Re-examined. Many firms omit a profit and loss account half-yearly—I never heard that imputed as a ground of fraud.
By MR. GRAIN. According to my investigation of the books 14,482l. in bills was paid by the defendants to Borneman up to 30th June, 1884—my report says "Goods sold, as per account sales, 14,000l.; and in stock, taken over by the receiver, 5,988l., making together 20,863l., being the total value of the same, less commission"—that would be 1,100l.—I have not taken the amount of bills paid up to 30th June, because that was not a matter of moment for my report; my report was to ascertain whether or not Borneman was entitled to the goods that he seized under the action in Chancery, or whether they had been overpaid—my report says "Against this amount the debtors had accepted bills and paid cash to the amount of 19,840l., of which 5,428l. was unpaid at the date of bankruptcy."
By MR. BESLEY. That takes into account the charge for commission; we have estimated 7 1/2 per cent. on the sales, which would account for 1,100l.—I should be prepared to admit proof on cash account of 1,000l.—according to the stock-book, in the hands of the defendants, and marked out at the invoice price, I make the amount taken over by the receiver 5,800l.—in the Chancery proceedings I believe they claim 6,800l.—we have the numbers of the goods taken over by the receiver, and took them at cost price—there has never been a claim in respect of cash.
CHARLES HELLABY (Re-examined). I traced all Borneman's goods within one or two—I spent weeks over it—I had to apply for an order to get an entry in a book that was taken away by Mr. Ditton—very likely that was the reason of there being an irregular entry in the book—Wilson, junior, had to apply to the purchasers in order to get the details of the goods; having done that, every one of the pieces of Borneman's goods were accounted for except one or two—the entries were all regular in the day-
book, but not entered in the lodger—the cash received from Coates was entered in the cash-book in the ordinary way—the books were kept regularly in a straightforward way; I don't say they were an fait, at an accountant would keep them; they were fairly kept.
Cross-examined. If the entries in June, 1884, came after July, there would be nothing in that, if the goods had been disposed of in a right way, and entered in a memorandum-book and posted up afterwards—if I saw a fraud I should have said so—it might have been a clerical error, which might have been corrected afterwards; it is nothing against anybody, the things had been properly disposed of—I don't know when it was made; it has not been made, to my knowledge, since the books have been in Mr. Andrews's office—the books have never been touched so as to make an entry; we should never allow suoh a thing—they have been in our possession since they were handed to Mr. Andrews by the Receiver.
ALFRED HENRY WILDEY . I am Assistant Official Receiver to the Court of Bankruptcy—a receiving order was made against the defendants—upon that I, as Offioial Receiver, received the debtor's books of account—this is the Official Receiver's file—on 12th September, 1884, an application was made to me for leave to employ an accountant to make up a statement of affairs, and I appointed Mr. Pearce—the debtors were examined in my office in the usual way—I made these observations after having given the matter my attention—I found both the bankrupts ready to give me all the information I asked for.
Cross-examined. I did not find that the books were not written up—it is not my duty personally to examine the books, I did not do so—personally I have no knowledge of the' books whatever; it is a department matter, and I had the head of the department to me on signing my report—I have seen the books, but I have not taken out the whole of the details, they are prepared by competent officers—I aocept the responsibility of my report; the report was drawn for me, and I amended it, from my own knowledge of the facts.
Re-examined. Mr. Benstead went over the matter with me—complaints were made to me on several occasions by the Wilsons that Foncheven or his solicitor had taken away papers and memorandums that were necessary to make out their accounts—that influenced me in permitting a person to be appointed to assist them in making out a statement of their affairs.
WILLIAM ERLE PEARCE . I am a chartered acountant, of Cheapside—in January, 1880, I was employed by the elder defendant to make up his accounts, and I have done so since then up to the failure—personally I used to go at irregular intervals, my clerk went onoe a week—I have made an investigation of the defendants' books with reference to this matter; they kept a cash book, a bought and sold ledger, a day-book, bill-book, invoice-book, and rough memorandum-books, and all the usual books—the elder prisoner took a very small part in the business; he attended at the warehouse every day when he was well, but he had no part in the selling of the goods to the best of my knowledge, or in the accounts; he very seldom drew cheques—he was away ill part of 1884—I believe he is about 70 years of age—young Wilson's duty was to sell goods, and to make proper entries of sales and so on—he had Brown and Pulley to assist him; part of the time there was a traveller or salesman
named Batt for about six months—latterly he had only Brown, the ware-houseman, and Pulley, the traveller or salesman—I know that in the summer of 1884 young Wilson was very much harassed in his business engagements, caused by being short of money, want of capital—he had to go out very frequently to look for money; in consequence of that the books were not kept up so regularly as before—previously there had been nothing to complain of as to that—I find in the day-book, page 365, an entry headed May coming after the end of July; that is an entry made by a clerk in my office, why put there I can't say—when the books came to me to be made up there were some entries deficient, and I told the clerk to make them up, to copy them out of the rough books and make the books perfect—as far as I know no alterations have been made in the books since I made up the accounts—at page 351 there is an entry of Coates out of order; the entry immediately preceding it is 2nd May, this is the 23rd, and the one before that is the 31st—I know that young Wilson went to several customers to get accounts (I don't know whether he went to Coates), and in consequence of particulars received we made the entry here—at page 283 there are two entries of Thomas State and Co., dated 4th September, 1883; that is out of order, it comes after 29th September—there is an entry in the rough memorandum-book, at page 139, containing some of the same figures—I find an entry there of 4th September, and that was afterwards put in the day-book—in the cash-book I find an entry of 4th September of money received from Thoms and Co., 211l. 11s., 5l. 17s. 10d. discount; that shows that cash paid and corresponds with the entry in the day-book of 217l. 8s. 10d., although it is out of order—I have been through the cash-book; all the cash is accounted for—I have seen Mr. Andrews's account and tested it, it is absolutely correct as appears by the books and the pass-book—I have no knowledge of any goods missing which should have been accounted for——I have made up a debtor and creditor account between Borneman and Wilson in respect of their goods and acceptances, I have it before me—it shows the goods received and the amounts at which they were invoiced—I have debited Borneman with all Wilson's acceptances that have been paid—I have from time to time debited them with the cash paid on their account—amongst the sundry book debts there is 74l. 10s. 8d.—that is an item supplied to me by the trustee, there were four accounts which the Receiver collected—they were for Borneman's goods—if there had been no receiver Wilson would have received them—I have debited him with the goods and credited him with the amount received for them—the next item is "Stock removed by the Receiver, 5,000l."—that item I took from the trustee's report—I debited Borneman with that amount, and on the other side I have credited him with all the goods reoeived—I debit him with commission at 5 per cent, on goods sold 1,191l. 6s. 1d., and 2 1/2 discount—I took that from the trustee's account, and the same with the bad debts—I understood from the agreement that Borneman had to bear 10 per cent, as his proportion of the bad debts, 213l.—there are certain goods mentioned in the day-book and stock-book amounting to 378l., of which I have not been able to find invoices—that was given me by the trustee—there are goods which he has traced the sale of, of which he had no invoices—the account generally shows 25,000l. on the credit side—the account includes all the transactions between Borneman and Wilson, so far as I could gather from the
books and invoices and papers there is a balance of 1,408l. in favour of Borneman, subject to a claim which Wilson makes for shorts, over-charges, allowances, and so on—goods to the amount of 2,093l. were received during May and June—all the goods up to 30th April might be treated as paid for, treated as a running account—there was 600l. margin—the goods received earlier than May might also be treated as paid for—I have investigated the goods deposited with Holtz, and have traced the numbers in Borneman's invoices—there are 16 pieces of goods referred to as having been removed from Briggs and Co. to Holtz, and pledged to him in respect of the 1,500l. advanced—I have an account of those goods—I have the numbers—all those 16 packages come within the period during which I say the goods had been paid for—the 35 pieces pledged to Holtz also come within that period—the last piece pledged to Holtz has been paid for—all of them have been paid for, treating the account of course as a running account—I am speaking of all Borneman's goods—the transactions with Holtz have extended over a considerable time—the defendants also pledged goods of their own with Holtz; goods that they had bought and paid for—goods were also returned from Holtz—there are goods pledged with Holtz on 1st July, said to be invoiced by Borneman on 30th June—they were goods that had been received in a great measure from Harrison's, the previous agents, and it is simply an invoice to balance up the debt—it was supposed some of these goods had been in London two years—it is not fair to say that the goods pledged on 1st July were got on 30th June—the bills of exchange drawn by Borneman on Wilson are included in my account—the bills were drawn nearly day by day—I can't say against which goods—I take it they were drawn on general account—I have no means of connecting the goods with the invoices—I find that the moneys went as Mr. Andrews has said they did, in payment of Borneman and other trade creditors—the elder defendant appears to have drawn about 300l. a year, and the younger about 30l. or 90l.—in making out the statement of affairs the younger Wilson gave me all the assistance I required; the elder Wilson knew nothing about it—the younger did not conceal the pledging with Holtz—Holtz appears as a secured creditor.
Cross-examined. Towards the end of the period the books were badly kept—I complained to the younger defendant on several occasions, not to the elder, because he had nothing to do with the books—I simply said they were in arrear—I said a balance sheet should be made periodically—I could not make a balance-sheet, because the stock was not taken up—we could soon have got the books straight—I did not ask them to take stock, it was not my duty—the cash-book was written up from time to time—it was always kept written up—it was commenced on 1st July, 1884—it may have been completed after the bankruptcy proceedings commenced, but the first entries were not made then; they were made at the time—my clerk went in once a week and made them—some were made when I was called in by the Official Receiver, which was in September—the entries I made faithfully represent the facts—every entry was vouched by some evidence—I had to go to customers to find out when certain goods were sold to them—I applied to Foncheven, and he would not let me see the books.
Re-examined. There was a complaint about a book received by
Foncheven—I did not want it back—I never went to Coates to get it back—the younger defendant went, I believe—in other cases, rather than search the rough memoranda book to see if I could find in the cash-book an entry of cash, I went to people and asked who had paid cash, and they said "Here is the entry, and so I found the details—before making out a statement of affairs I tested the truth of all the entries—I found no material omission from the cash received; it was all there—I had to go and ask what cash was paid for—I agree that neither of these bankrupts had a shilling—they have accounted for all goods to the best of my knowledge, and the monies.
The prisoners received a good character.
NOT GUILTY .
764. JOHN LITTLEJOHN, HEINRICH REUTER , and WILHELM STURZ, Unlawfully assaulting Henry Griggs, a constable, in the execution of his duty. Other Counts for a common assault and for assaulting Wharf Fuller, another constable.
MR. POLAND, for the prosecution, offered no evidence against the prisoners.
NOT GUILTY .
MR. POLAND, for the prosecution, offered no evidence.
NOT GUILTY .
MR. MOORSE, for the prosecution, offered no evidence.
NOT GUILTY .
THIRD COURT.—Thursday, July 30th, 1885.
Before Mr. Common Serjeant.
MR. GEOGHEGAN Prosecuted.
EZRA HARLE . I am a surgeon, of Eagle Villa, Darnley Road, Hackney—on 15th June I was coming down the Hackney Road in an open frock coat, and wearing a gold watch and chain and an eyeglass—I was was walking on the pavement, not far from Shoreditch Church—I saw Leary standing across the pavement in front of me—I looked at him, and walked right up to him, and instantly he wrenched my chain off my watch, folded it in his haod, and ran off down Barnes Road—I ran after him calling "Stop thief!" and "Police!"—about halfway down the road Murphy intercepted me, and sent me into the road—he must have upset me with his foot—I did not feel him strike me—I found myself in the middle of the road semi-conscious with Murphy on me, and his hand in my watch pocket—he took out my watch and ran away—I was bleeding from my finger, and my side was injured—on Saturday, 21st June, I was taken to the police-station, and shown about 20 men, out of which I picked Leary—on 4th July I went to the yard of the police-court,
and from a number of men identified Murphy—I have not the slightest doubt about either of the prisoners—I am 69 years of age; the fall on my side bruised my hip—I have hardly recovered now—the bruise remained for a week or two—I did not take to my bed—the wound on my finger I attribute to the fall; it took two or three days healing.
Cross-examined by Leary. I did not close up my coat when I saw you, because I had no suspicion of being robbed—it was 2 o'clock, and the sun was shining—there were 50 people looking on, and no one came to my assistance—the contents of my bag were in the road—a woman came and picked them up—I could not get up.
Re-examined. I tried to ward Murphy off with my umbrella—my watch and chain were worth 40l. or 50l.
ALBERT BOLTON . I received information of this robbery at the police-station, and on 20th June at 9 o'clock I saw Leary, and said to him "I am going to take you into custody for being concerned with another man not in custody in knocking down a doctor in the Hackney Road on the 15th, and stealing his chain, the other man his watch"—he made no answer; he was placed among a number of men the same evening at the police-station, and Dr. Harle was fetched, and picked him out at once—I was present at Worship Street Police-court yard when Murphy was placed among eight or ten, and identified by Dr. Harle without any hesitation—I told Murphy he would be charged with Patrick Leary with robbery with violence—he said "I know nothing about it"—Murphy was not at the police-court of his own free will.
Cross-examined by Leary. I knew the street you were living in, but not the house—I had taken you into custody before.
Murphy in his defence stated that the prosecutor picked out another man before he identified him.
LEARY— GUILTY of larceny from the person. MURPHY— GUILTY of robbery with violence.
MR. GEOGHEGAN Prosecuted.
GEORGE BLYTH . I live at 91, Arden Grove, Green Lanes, and am a stage carriage driver—on Thursday afternoon, 2nd July, I was on my tram in the East Road—I saw Murphy standing on the left-hand pavement with his back towards a narrow court—Flood was on the righthand pavement, and Warden in the middle of the road—I saw the prosecutor coming down the roadway—Murphy gave a nod, and Warden gave a nod to Flood, who immediately went to the prosecutor's side, and snatched his chain from over his left shoulder, partly from behind and partly from the side—he twisted the chain ia his hand, I saw it there, and then ran across the road to the court—the prosecutor ran after him crying "Stop thief!"—Murphy and Warden ran across the passage to prevent him following the thief—Warden dodged to and fro—I jumped from my train on the near side—Murphy and Warden put their hands in their trousers pockets, and joined a female who walked between them some distance up the road—I kept my car at a walking pace, and kept
my eye on them till I got to Fairbank Street, 70 or 80 yards off—I then called a police sergeant in front of my car, and pointed out the two prisoners to him, and then I went on my journey—I next saw the prisoners on the 4th at the King's Road Police-station, where I identified Flood and Murphy from a number of others at once—Warden was not then in custody.
Cross-examined by Flood. It was on the 3rd I identified you—I made a mistake in saying the 4th.
Cross-examined by Murphy. I could not leave my car—I pointed you out to the sergeant—I should have caught Flood if I could, but the court was opposite him, and I had not sufficient time to catch you—you were walking along—I told the sergeant of the robbery—I have seen you many times before.
Cross-examined by Warden. You were placed with fifteen or sixteen men at the station when I saw you—Murphy said at the police-court you were not there—I have known you for years—I should think you were placed with over twelve others when I identified you.
Re-examined. Fairbank Street is 60 or 80 yards from where the robbery was committed—I had my eyes on Warden and Murphy for that distance—I had seen them nearly every day previously—I have no doubt they are the men—I should have been summoned if I had left my car to run after the prisoners.
EDWARD ROBERTS . I live at 148, Downham Road, Islington—on Thursday, 2nd July, I was in East Road, Shoreditch, about half-past 2, walking down the pathway, when my watch and chain were suddenly snatched from me by a man whom I cannot recognise—I followed the thief across the road; he went down a little court—I tried to get down but was stopped by two men standing in front of me, one in the middle of the road, and one as I entered the court—they did not lay hands on me—I shouted "Stop thief," they dodged in front of me—I do not identify the prisoners—I did not catch the thief—I went to the station and gave information—my watch and chain were worth 20l.
Cross-examined by Murphy. When I got into the court I could see the thief turning the corner into Nile Street—you prevented me going after him at once—there were not a lot of people there till afterwards—I cannot swear to you or Warden.
WILLIAM JAMES BIGGS . I am a traveller, living at Woodman's estate, Enfield—on this Thursday afternoon I was an outside passenger by this tram going down East Road—I saw Flood go up to the prosecutor, put up his hands and snatch his watch—he then immediately ran at the back of the tram down the court with the prosecutor after him—I was getting off the tram and did not see what happened to the prosecutor—he met a policeman and told him what had happened—I gave him my card as a witness to the robbery—on Saturday, 4th July, two days afterwards, I saw Flood at Worship Street Police-court among six or seven others—I picked him out without hesitation, and have no doubt whatever that he is the man.
Cross-examined by Flood. The prosecutor was in the road a few feet from the pavement—you were in front of him—when you took his watch you had your hands up as if going to strike him; it was done in a moment, and you ran down the court—I did not see you approach, but
when I saw you you were face to face with the prosecutor—you were sideways—I was directly opposite, looking down from the top of the tram.
Cross-examined by Warden. I did not notice you, only Flood.
Re-examined. I was three or four yards past them, and turned round and looked at them—his hands going up attracted my attention, and then I saw the watch taken—I have no doubt that Flood was the person who took the watch.
G. BLYTH (Re-examined). I saw the hands go up—neither Flood nor the prosecutor were facing me, they were sideways—we were all going in the same direction—I was 8 feet in front of Biggs—the horses in the car were walking.
Cross-examined by Flood. My side was towards you—I was ten yards in front of you when I stopped the tram, but opposite you when the deed was committed.
THOMAS CANDLER (Policeman G 441). About 9.30 a.m. on 3rd July I saw Flood in East Road, and told him I should take him in custody for being concerned in stealing a watch and chain in East Road on the day previous—he said "You have made a mistake this time"—I took him to the station—Blyth picked him out from nine others.
THOMAS STEMP (Police Sergeant G). At 11.30 on the morning of 3rd July I was with Candler in the City Road, where I saw Murphy—I told him I was going to take him into custody and charge him with being concerned with others in stealing a watch in East Road—he said "You have made a mistake this time, it is not me; I can bring plenty of witnesses to prove it. The people at the fish-shop know it wasn't me; I know who it was"—I took him to the station; in answer to the charge he said nothing—this is my memorandum of what he said; I made it at the station after I arrived.
WILLIAM COOPER (Detective G). About 8.15 p.m. on 4th July I apprehended Warden and took him to the station, where in course of time he was charged with this robbery; he said nothing in reference to it.
Cross-examined by Warden. You were not charged with this robbery at the time.
T. CANDLER (Re-examined by Warden). I had a description of you on 4th July, but did not know you as the man—you resemble the description—I did not see you the night before I arrested you—I did not call you back and say "There has been another blag down round here"—you did not say "Has there?" nor did I say "You have that Lake Street mob coming round here doing things getting you into trouble: not one of you gave little Waxy a drink of beer for coming out after five months. If I had been in my own clothes I would have given him a drink myself"—I did not see you at all that night—I know a man named Waxy.
Flood's Statement before the Magistrate. "I have evidence to prove I was not in the East Road at all on this occasion."
Flood in his defence stated that he was at his uncle's, who had been trying to get work for him, till half-past 7 on this evening. Warden stated that he was public-house in Liverpool Street drinking from 2 to 4 on this afternoon.
GUILTY . (See next page).
MR. FOOKS Prosecuted.
CHARLES MCNAMARA . I live at 116, City Road, St. Luke's—on Friday, 12th June, about 11 p.m., the prisoner came in my shop for some tobacco—while wrapping it up he leant over the counter and snatched my watch; the chain broke, leaving a small portion, and the bolt behind—he ran out of the shop, I ran after him—three or four yards from the shop a person very much like Murphy, but who I could not swear to, tripped me up, and the prisoner got away—my watch was worth about 25l.—subsequently I saw the prisoner at the station, and identified him after a little time; he was then shaven—when in my shop he had a slight moustache—I am sure he is the man.
Cross-examined by the Prisoner. I was not thrown over when tripped up—your clothes were almost the same as those you have now—you said you could prove you never had a moustache; it might have been a false one—you are the man, moustache or no moustache.
WILLIAM COOPER (Detective G). On 13th June the last witness gave me information of a robbery—on 4th July I met the prisoner in the City Road, and told him I should take him into custody for stealing a watch and chain from a gentleman in the City Road three weeks before—he said "You know I don't work round here; I go away to get what I want"—I knew him—"work" is a phrase among those who snatch watches—I took him to the station; he was placed with six others, and as the prosecutor walked past them the prisoner held down his head, with his hat over his eyes—the prosecutor said it looked like him by his clothes—he was told to hold his head up, and when he did so the prosecutor identified him—he made no reply—I have seen the prisoner with a slight moustache.
Cross-examined. The prosecutor did not pick another man out—there was another man of about your build—the prosecutor said he looked like you, but he had got no further down the line then—I did not take you two or three nights after, because the prosecutor was in Wales—I don't remember seeing you outside the Green Gate—when I saw you in Nile Street I did not take you because you ran down Westmoreland Place.
The prisoner asserted his innocence.
GUILTY . FLOOD** then PLEADED GUILTY to a conviction in January, 1883.— Eighteen Months' Hard Labour. MURPHY** †to one in October. 1877, in the name of John Smith— Eight Years' Penal Servitude and Twenty-five Strokes with the Cat. LEARY* † to one in August, 1884.— Eighteen Months' Hard Labour. WARDEN**— Eighteen Months' Hard Labour.
The COURT and JURY highly commended the conduct of George Blyth.
MR. GRIFFITHS Prosecuted.
FREDERICK TESTER . I live at 65, Winyard Street, Clerkenwell, and am an ivory turner—about 1 a.m. on 22nd July I was going home along Clerkenwell Green, when a short man came up, caught hold of my left hand, and threw me to the ground—when on my back on the ground the prisoner was on my chest, knocking my head against the wall and hurting my chest; he very nearly wrenched my left hand off—I can swear to the
prisoner—I had 15s. silver and 5 1/2 d. bronze in my pocket before I was knocked down—the prisoner put his hand in my left-hand trousers pocket—Mr. Impey came up, said something to the prisoner, and pulled him off me—I found I had lost 12s. 4d.—I was frightened, and next day could hardly move; I have done no work since, I have been so unsettled, and have been spitting blood this morning—I was not doing so before; this has brought it on again; I was getting better before, and have felt very bad since.
Cross-examined by the Prisoner. I said, "That is the one with the light coat on"—I did not hit you on the head with my stick—you had a different suit of clothes on—you are the man.
JOHN IMPEY . I am a bookbinder, and live at 7, St. John's Lane, Clerkenwell—about 1 o'clock a.m. on 22nd July I was on my way home along Clerkenwell Green, when I saw Tester on the ground and the prisoner kneeling on his chest, with his right hand down the collar of his shirt throttling him, and knocking his head against the panel of a shop front—it was the prosecutor's groaning that brought me to his assistance—the prisoner with his left hand was rifling his right-hand trousers pocket it seemed to be—I asked the prisoner what he was doing—he said, "He has got some uff on his thigh, and I intend having it"—uff is a common word for money—I caught hold of him and said, "If that is the case I will have you"—the prisoner turned to me and said, "I will soon upset you"—he started fighting, and in self-defence I struck him and knocked him down, and hurt his head against a coffee-stall—he got up and tried to run away—I stuck to him, and gave him in charge of the policeman when he came up—he scuffled with me in the meantime, and made one or two attempts to hit the prosecutor; I kept him off—I am quite sure the prisoner is the same man that was on the prosecutor; he did not get two yards from me.
Cross-examined. The prosecutor did not say to me as you were coming along, "This is the man, in the white coat," nor did I then rush up and hit you on the head with my stick—when the policeman came up the prosecutor said, "That is the man in the white coat"—you had a white coat on then.
FRANK SHRIMPTON (Policeman G 127). Early on the morning of 22nd July I heard cries of "Police" on Clerkenwell Green, went there, and saw the prosecutor, prisoner, and last witness—the prosecutor said he should charge the prisoner with knocking him down and stealing 12s. 4d.—he was surrounded by several persons only a few yards from where the occurrence took place—I asked him if he had heard what the prosecutor said—he said, "Yes, I will go to the station"—I took him there, searched him, and found on him 4s. in his right-hand pocket—he gave a correct name and address—the prisoner, proseoutor, and witness were all sober—the prisoner had a light coat on—after he came before the Magistrate the Court adjourned; when it reassembled the prosecutor was not in attendance, and the prisoner was dismissed—I was told to reapprehend him, and did so on the 24th.
The Prisoner's Statement before the Magistrate. "I am innocent. I am a hard-working chap."
The prisoner asserted his innocene.
attempt to pass any away—one of the people who gathered round appeared to be the prisoner's associate—he said "Did you see that?" when I struck him after his head was cut, he attempted to run away, and I ran round the coffee stall—there are two lamps there—it was between St. Anstead's Church and Clerkenwell Close—I had been in a public-house I always use—it was about 20 minutes past 1.
NOT GUILTY .
MR. FOOKS Prosecuted.
MARY HUNT . I am kitchen maid to Mr. Blunt, of 18, Westbourne Crescent—at 12 noon on 8th July I answered the door to the prisoner—he gave me this paper, and said "Can you help me?"—I took the paper into the kitchen, showed it to the other servants, took it back, and told him the lady and gentleman were not in—I told him to call next morning—he went away.
MARY WENTWORTH . I am cook to Mr. Blunt, of 18, Westbourne Crescent—on 9th July at 9 o'clock the boy who cleans the knives gave me this paper at the door—I gave it to the parlour-maid, who took it to the dining-room to master. (The paper was a petition for the benefit of James Viner, journeyman baker, unfortunately unable to follow his employment through acute✗heumatie fever, signed Alfred Smith, foreman to Mr. Cooper, Chilworth Street, late Mr. Drew.) I went to the prisoner at the back door and said "How long ago is it since you worked at Mr. Drew's?"—he said "Two years," and that he had been ill with rheumatic fever, and had been at✗St. Thomas's Hospital since then, and said "I have tried to get a living by this paper"—za I said Why didn't you go to Mr. Drew's shop when you came from the hospital and state your case, he may have helped you"—he said "Oh, people forget you"—I said that I had asked one of Mr. Cooper's men the day previous if he had worked there, and he had told me he had not, and the prisoner said again, "People forget you"—Mr. Cooper, whose name purports to be on the paper, had been sent for, and about this time came with my master to the prisoner—my master asked Mr. Cooper in the prisoner's presence if he knew him—he said "I do not"—he was then given into custody.
JAMES COOPER . I live at 17, Chilworth Street, and am a baker—I was fetched to 18, Westbourne Crescent on 9th July and confronted with the prisoner at the door, having been previously shown this paper—I never had a foreman named Alfred Smith; I know no foreman of that name—I am the only Cooper in Chilworth Street—I had never seen the prisoner before that morning—he has never worked for me—I never gave him authority to write this paper—the subscribers' names on the paper are all master bakers in the immediate neighbourhood, except the last one, a lady—none of them have given any money—the names are written in the same hand, I think.
GEORGE REEDMAN (Policeman X 328). The prisoner was given into my custody—I charged him with forgery and attempting to obtain money by false pretences—he was taken to the station and charged—he said in the first instance "I am not collecting this for myself, it is for some other
man"—I said "Can you name him?"—he said "I don't know his name"—I said "Can you say where he lives?"—he said "He lives somewhere in Market Street, Edgware Road, but I don't know the number"—he was searched, and 2s. 6d. in silver and 3d. in bronze was found on him.
The prisoner in his defence stated that the paper was written by a man named Alfred Smith, who told him if he could collect money he could buy a coffee stall with it; and that he worked for Mr. Warren of Cambridge Street.
GUILTY .— Twelve Months' Hard Labour.
NEW COURT.—Friday, July 31st, 1885.
Before Mr. Common Serjeant.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
ELIZABETH PATRICK . I am the wife of Thomas Patrick, a carman, of 8, Paradise Street, Finsbury—on 28th May the prisoner came to our house to take lodgings—he said his name was Captain Henry Maxwell, of H.M.S. Minotaur which was lying off Woolwich or Greenwich—he gave me this paper marked "D." (This purported to be a receipt from H.M. Customs House for a box, portmanteau, and other goods, the property of Henry Maxwell, duty paid.) The prisoner said it referred to luggage which he had left at Irongate Wharf—he also gave me this paper "E." (This purported to be a receipt dated 28th May, 1885, from William George Barker, of the City Bank, for 800,000 dollars and notes, 45,000l. English money, the property of Henry Maxwell.) He said that related to the amount of money he had there—I supplied him with dinner—he had a carman brought to the house and made arrangements with him to fetch his goods from the wharf and promised to pay him 10s.—he said he wanted to go to the Admiralty and had only foreign money and wanted three half-crowns—I lent him 4s. 6d.—he went in the parlour to write letters, and an overcoat was hanging behind the door—he also wanted to borrow that to make him respectable, he said he was only going to the bank with it—he went away about 4 o'clock and I did not see him again till he was in custody—the coat was worth about 2l., and the food he had about 1s. 6d.—this is the coat.
Cross-examined by the Prisoner. My boy saw me hand you the money, ho is not here.
ALFRED HAWKINS . I am assistant to a pawnbroker at 35, Mile End Road—this coat was pledged there on 28th May for 10s. in the name of H. McGivan, Admiralty, Whitehall, I cannot remember who by, about 6.30 p.m.—I said "It is your property?"—he said "Yes."
RICHARD METHERAL . I am inspector at Irongate Wharf—Captain Henry Maxwell had no goods deposited there—I do not know him—there is such a ship as the Minotaur—this paper "D" was sent to the wharf for the goods to be delivered, but there were no goods to deliver.
Street—there is no William George Barker of that bank—this document "E" is a fiction—no 800,000 dollars and American notes were left to be cashed into 45,000l. English money by Captain Henry Maxwell.
JAMES MOLONEY (Detective officer). On Saturday night, 18th June, I was in Sidney Street and saw the prisoner, who answered to a description I had seen in the Police Gazette—I said "I believe you are Captain Henry Maxwell, of H.M.S. Minotaur; you answer to the description of a man wanted for various cases of fraud in different parts of the metropolis, you will have to accompany me to the police-station"—he said "It is a matter of debt, my boy"—at the station he was found to be wearing six shirts; it was a very warm day—I also found on him this pawn-ticket relating to the coat.
Cross-examined. I did not use more violence than was necessary, I had to call private assistance—no money was found on you.
WALTER CRABB (Policeman K 475). I produce a certificate relating to the conviction of Henry Fielding at Chelmsford in January, 1884, for obtaining money by false pretences—I was present at the trial; the prisoner is the person who was so convicted, he was sentenced to 15 months.
Cross-examined. I did not apprehend you on that charge, I had previously had you in custody.
Re-examined. I have no doubt he is the man, I knew him before.
GUILTY.** MR. POLAND stated that there were four or five other similar cases against the prisoner.— Five Years' Penal Servitude.
MR. LOUIS Prosecuted; MR. BEARD Defended.
LOUISA MEEK . I live at 22, Story Street, Caledonian Road, Islington, and am an unfortunate—on 21st July at 12.30 a.m. I met the prisoner, who asked me if I could take him home—I had not spoken to him previously—I told him I could not—he asked me if I could take him to a house somewhere for a little vrhile—I took Hm to 41, Parkfield Street, Liverpool Road, Islington—he gave me 8s.—we stayed there about half an hour—when we came out he asked me if he should see me a little way home—I agreed, and we walked as far as Copenhagen Street—all of a sudden he put his foot out and tripped me up, put his hand in my coat pocket, and took out 11s.; 8s. which he had given me and 3s. I had before—I cried "Police"—before I had time to get up he kicked me on my mouth and ran away—he did not seem drunk—I went up to a lady and gentleman whom I saw a little way off and complained to them—about 10 minutes after, as I and the gentleman were looking to see if we could find some of the money, the prisoner came back—I caught hold of his arm, and said "This is the man that has robbed me"—he then struck me before the lady and gentleman, and I gave him in charge.
Cross-examined. I did not go and ask the prisoner to go home with me—he did not say ho did not want to have anything to do with me—I did not persist in following and speaking to him, and he did not, to get rid of me, give me a push which made me slip down—I have a wound on my mouth where he kicked me—I was not examined by a doctor, but the constable knows my mouth was swollen—it filled my handkerchief
with blood—I have said before that he struck me after ho came back. (This did not appear in the depositions.) Olark is the person who lives at 41, Parkfield Street—the prisoner went towards Denmark Road after he knoced me down—I have been a prostitute about three years.
CHARLES WILLAM DAY . I am a clerk, and live at 8, Market Street, Islington—about 1.30 a.m. on 21st July I was in Copenhagen Street, my way home—I heard a female cry, and a few seconds after a man about the prisoner's stamp, ran past me followed by the prosecutrix, who came up to me and made a complaint—blood was coming from her mouth, andshe showed me a bruise on her face—at her request I went back with her to the spot where she had been knocked down, and with the light of a fusee found a shilling lying in the gutter—while looking for more the prisoner came up from the opposite direction to that in which he had run past me—the prosecutrix stepped towards him and said "That is the man that has robbed me"—he then raised both his hands and struck her about the lower part of her face or chin or high in the neck, and she fell—I stepped towards him and said "You hound, to strick a woman"—he put himself into a fighting attitude, and passed some remark which I could not distinctly hear, but which I took to be "You can have some if you want it"—I should say he was not drunk—he then walked backwards for a few yards, and turned and walked through Copenhagen Street—I raised the cry of "Police"—a constable appeared 20 or 30 yards off—I told him the prisoner had assaulted and robbed a woman, and she charged him with doing so—I accompanied all of them to the Upper Street Police-station.
Cross-examined. I first saw him going away in the direction of Liver-pool Road—he came back in the direction of Copenhagen Street—when he came back the prosecutrix said "That is the man who robbed me"—I believe I said that before the Magistrate, not "who assaulted me"—he hit her with both hands—I do not think he pushed her—I was about a yard to her right—his hands were not open—he had the appearance of hitting her—blood was flowing from her mouth before she fell—I did not look at her closely after that—before the Magistrate I said something like "You hound"—I should not be surprised if I did not say before the Magistrate that he said "You can have something if you like"—I am speaking from memory—I had been at my business at King's Cross—besides being a clerk, I am the secretary of a refreshment club and I had been there, and was going home with money in my pocket—I had only had a bottle of lemonade—the lady with me was a friend, who had been at her friend's, and I had called for her to see her home—the prisoner walked backwards, when I followed and called "Police"—he did not attempt to run, but walked quietly away.
LOUISA MEEK (Re-examined by MR. BEARD ). I swear the prisoner went to the house in Parkfield Street with me—I have been once charged with being drunk; that was two years ago—I was discharged as it was my first offence—I had had nothing to drink on this night.
WILLIAM FIELDING (Policeman 287 N). At 2a.m. on 21st July I heard cries of "Police" and went towards Copenhagen Street, where I met the prisoner followed by Day and the prosecutrix—I stopped him, the prosecutrix came up and charged him with assault and robbery—I believe he had been drinking—she was bleeding from her mouth—he said "I haven't been with the woman"—I searched him and found 11s. in silver
and 8 1/2 d. in bronze—she charged him with stealing 11s., and 1s. was found on the ground.
Cross-examined. No doctor saw her mouth—I did not mention before that the prisoner had been drinking—I was not asked that—he was not very drunk, but appeared to have been drinking—I know the prosecutrix, she is a prostitute.
The Prisoner's Statement before the Magistrate. "I never went with the woman, she wanted to entice me home to her place. I went as far as Copenhagen Street with her, and could not get rid of her, and pushed her down. I went into Barnsbury Road and turned to come back, and as I turned to come back she accused me of robbing her, and I said I had not, and she called a policeman and gave me in charge."
Witness for the Defence.
ANNA MARIA HAGUE . I have known the prisoner 10 years, and he has been in my employ six or seven years—he is a very honest, straight-forward lad—I remember the morning he was charged; I had paid him his week's wages, 14s., on the Sunday evening previous—his father is employed by a jeweller, and has been in his situation over 40 years.
The prisoner received an excellent character, and Mr. Hague promised to take him back into his service.
NOT GUILTY .
The JURY stated that they considered there was no stain on the prisoner's character, in which the COMMON SERJEANT concurred.
775. JAMES WALKER was again indicted, with ALBERT EDWARD McGREGOR (18) and FREDERICK STANTON (19) , for burglary in the dwelling-house of Edwin Hubball, and stealing therein 16 pairs of boots and two shoes, his property.
MR. WILME Prosecuted.
EDWIN HUBBALL . I am a bootmaker, of 43, Union Street, near the Middlesex Hospital—on Monday, 29th June, I shut up my shop about 8.15 and left—I closed a window looking Into Nassau Street—I next saw it on the 30th, it was then broken, and the boots taken from the window-board and the ledge above—I missed 16 pairs of gentlemen's boots and two odd shoes—I value them at 9l.—I have since then missed another pair of boots from the window, these are them (produced)—none of the prisoners worked for me.
Cross-examined by McGregor. The two odd shoes were brown cloth with calf uppers, the others were spring sides and lace-ups—these two pairs of boots (produced) are mine, my man made them—I should know them from a million pairs by the sprigg of the heels, and I swear to the style—they were made specially to put in the window.
Cross-examined by Stanton. I can also swear to them by the figures "10s. 6d." on them—you wore them three or four days.
ALFRED ROWAN (Police Sergeant E). I was in Nassau Street, near Middlesex Hospital, on 30th June, a little after 3 a.m., in plain clothes, and saw the three prisoners close together, about 50 yards from the prosecutor's shop—on seeing me they ran away into Great Titchfield Street—I did not see them again till the morning of 1st July—I then saw
McGregor at the top of Crown Street, New Oxford Street—two other men were on the opposite side of the road—when they saw me they all three ran away—I ran alter them, but they got away—I afterwards went to Hanover Chambers, Hanover Court, Long Acre, and saw McGregor in the kitchen—I said "I am police-officer, you are the man that just ran away from me in Crown Street"—he said "I have been in a long time"—he was wearing a new pair of boots, and I said "Where did you get these boots?"—he said "I found them yesterday morning about 2 o'clock in Great Titchfield Street "—I said "I saw you with two other men in Nassau Street at 3 o'clock yesterday morning"—he said "Not me, I was alone when I found them"—he was taken to the station and charged, and made no reply—I first received intimation of this robbery on the morning of the 30th, about 8.30—these are che boots (produced) he was wearing—on the morning I first saw McGregor he was wearing this scarf and pin, and he was wearing them when I arrested him—on the morning of the 4th, between 7 and 7.30, I was in New Oxford Street with Chenery, and saw Stanton and Walker—Chenery crossed over the road, and they both ran away some distance down Crown Street—we were surrounded by a mob of roughs, and they got away—I was pushed into a doorway; they got Chenery down—I turned into Oxford Street, and saw Stanton talking to two girls—I walked up, and said "I shall take you in custody for being concerned with two other men in committing a burglary on the morning of the 30th at 43, Union Street, at the corner of Nassau Street, I have seen you there"—he said "Not me, I was in bed"—I noticed that he was wearing new boo's and took them from him—the prosecutor identified them at the station, and he was charged—about 12 p.m. on the 13th I went into Tottenham Court Road Police-station, where I saw Walker detained—I said to him "You will be charged with two men named McGregor and Stanton in committing a burglary at 43, Union Street at about 3 o'clock on the morning of 30th June"—he said "If I like to round I could tell you who did it; it was done at 1.30, not at 3 o'clock, I heard you slip on the roof the other night, and I was in hopes you had broken your neck"—when Walker escaped he ran into No. 57, Crown Street—I went to the top floor back room; the door was locked from the inside, and I heard a noise as though some one was getting out at the window—I burst the door open, and found the window open, and recent footmarks in the mud of the gutter, but I could not see anybody—the window led on to the roof.
Cross-examined by Mc Gregor. You were about 50 yards from me in Nassau Street at first, I walked up to within 10 yards of you—you have been under my observation three weeks.
Cross-examined by Stanton. I did not say at Marlborough Street that you had had six months' imprisonment.
Cross-examined by Walker. You were two or three yards behind the other two prisoners—you then joined each other, and ran away—I said before the Magistrate "They all three joined, and stood and talked two or three seconds"—you stood and talked till I got within ten yards of you—I could not hear your conversation—when I ran after you you ran into Great Titchfield Street; it is about 100 yards from there into Nassau Street—I saw you on the night of the 14th with Stanton—when you asked the Magistrate for a remand to get your witnesses he asked me to go for them—I did so, and they said if they attended they would do you more harm than good—I think it was 3 o'clock when I came to your
room—I heard somebody in the room—another officer was with me; there was no thief named Cummings with me—I did not see you on the roof—I heard a noise—I was on there an hour.
By the COURT. I am sure that there was not another man with us—I do not know who went into the room afterwards.
ARTHUR BANYARD . On l3th July, about 11 p.m., I saw Walker in Tottenham Court Road—I was in plain clothes—I said "You are wanted to go to the station"—he said "What for?"—before I had time to tell him, a struggle ensued, and he threw me into the road and got away—I and several others afterwards took him to the station.
Cross-examined by Walker. You were with a female near the Black Horse on the 14th—after telling you you were wanted I took you by the coat—you asked me what you were wanted for; I did not refuse to tell you—I had not got time before you threw me into the road.
McGregor, in his statement before the Magistrate and in his defence, said that he found the boots in Titchfield Street, and wanting a pair put them on. Stanton stated that he was going down Broad Street when a reserve man came up and asked him to buy the pair of boots, as he watt going out to Egypt and did not want them, and that he gave 4s. 6d. for them. Walker stated that if he is a thief he would have cleared out of the neighbourhood, but that he was still living about there, and that he had had no dealing in the robbery.
ALFRED ROWAN (Re-examined). I examined the premises on the morning of the 30th between 8 and 9—I found that the boots had been abstracted through a small hole in a pane of plate-glass, just enough to admit a man's arm—the goods were in such a position that they could be seen through the glass—other goods were hanging there, but not within reach—the other boots have not been found.
GUILTY . WALKER then PLEADED GUILTY ** to a conviction of felony at Clerkenwell in September, 1873.— Twelve Years' Penal Servitude. McGREGOR and STENTON— Twelve Months' Hard Labour each.
The COURT awarded 2l. 2s. each to Kinsey, Chenery, and Rowan.
OLD COURT.—Saturday, August 1st, 1885.
Before Mr. Recorder.
MR. WARBUETON Prosecuted; MR. MOYSES defended Day.
LADY MAUD CAROLINE HAMILTON . I am the wife of Lord George Hamilton—wo live at 17, Montagu Street, Portman Square—on 25th June, about 5 o'clock in the afternoon, I was driving slowly in my carriage in Brushfield Street—a man put his right hand on the carriage-door, then withdrew that hand, put in his left hand, and snatched my watch
and a gold and two silver chains, and the things hanging from them—the value of the articles was about 20l. altogether—I did not see a second man—I called the footman and saw him get down and give chase.
Cross-examined by MR. MOYSES. I only saw the hands of one man.
WILLIAM PUCKETT . I am footman to Lord George Hamilton—on 25th June I was on the box of the carriage—we had just started from a bazaar at Christ Church, which her ladyship had opened, and were in Brushfield Street, just past Crispin Street, when I saw Gregory come from behind the carriage, put his hand in the window, and take Lady George Hamilton's watch—I got off the box and went after him—he ran through Crispin Street, down Dorset Street, and through a house—I was stopped at the corner of Dorset Street by Day and two other men—I did not see Day very near the carriage—Gregory had on a light pair of trousers and a dark morning coat, a til was wearing a moustacho at that time—I am quite certain of the identity of the two men—Day and the other two caught me by the arms—the coachman stopped on the box of the carriage—when I was going through Crispin Street Gregory turned and looked at me full in the face; I saw him plainer than I had before.
Cross-examined by MR. MOYSES. I saw Day at the Commercial Road Police-station on the Saturday week following—I picked him out from eight men at once, I should know his face anywhere—Detective Rolfe was there.
JOHN THWAITES . I am coachman to Lord George Hamilton—on 25th June I was driving the carriage, and saw Gregory run up to the horse's shoulder and put himself down to see where her ladyship was sitting in the carriage—I was about broadside of him when he put his right hand on the carriage door and his left hand in—I saw he had something in it, I could not see what—I said something to the footman, who was watching him, and who got down and pursued him—the other prisoner was just by the side of the carriage—the footman's eyes were on the other one—I pulled up just against Day, and that is why I recollect his face—I have no doubt about either of the men—I picked Day out from eight or nine men at the station at once—I recognised him by his features.
Cross-examined by MR. MOYSES. I picked him out separately to the footman—Rolfe was not in the yard—this was some days after the robbery—I am positive about him because I looked down on his face from the carriage—he cleared off directly the other man did—Day was at the side of the carriage—I was looking after my horses and carriage—Gregory turned a corner not two yards from the carriage, and I lost sight of Day directly.
Cross-examined by Gregory. The man who took the watch and chain was dressed in a sort of dark morning coat, dark brown or black, and lightish trousers.
WALTER LIPSCOMBE . I live at Haverstock Hill, and am a publisher—on 25th June I was in Brushfield Street at the corner of a baker's shop—Lady Hamilton's carriage had passed me not many seconds when I noticed Gregory run up to it and put one hand on the cariage and bring out a watch and chain—I saw his face very well, I have not the slightes doubt about him—the other man was standing with him as the carriage passed, and he followed him a few steps behind—I took no notice of the other, aud do not identify him—I saw them run away afterwards.
Hoxton Police-station—the other man was not apprehended then—I said, "You will be charged with being concerned with others in snatching Lady Hamilton's watch on 25th June"—he said "I hope you will do the best for me and give mo a fair chance"—two days later, on the 11th, I saw Day in Commercial Street, and said I should take him into custody for being concerned with Gregory, or Buster, in stealing Lady Hamilton's watch on the 25th—he said, "I hope you will give me a fair chance"—he was put with eight others at the station—I was present when both the footman and coachman identified him—when charged he said, "I won't be done for others, I know who done it, it was Buster and Jimmy Essex, who was etabbed on the same night in the head and was taken to the London Hospital, that done it"—he said nothing about being innocent.
Cross-examined by MR. MOYSES. When Day was arrested all he said was about having a fair chance—I had before received an anonymous letter mentioning the men's names—I said to Day, "I have received a letter saying something about you and Buster"—he went with me to the station, and when the charge was read he said he would not be done for others—he said, "I know who done it," not "I have heard who done it"—I saw him at Hampton Races the day before the robbery—I knew and spoke to him as Billy.
Cross-examined by Gregory. When you said, "Give me a fair chance," I said, "So I will"—you said, "Will you remand me till I get my eye better?"—when arrested you were so violent that you were badly assaulted yourself, and I thought you were not in a fit state to be identified, and so I obtained a remand for a week for the assault on the police before the witnesses saw you.
By MR. MOYSES. I arrested Day on Saturday—I was looking for him on the night before, he did not speak to me then.
Day's Statement before the Magistrate. On 25th June I went home between 2 and 3 o'clock at my mother's house to have dinner; about 4 o'clock I went to my sister's, I stopped there till between 6 and 7 in the evening; she gave me 4d. Coming away I met a man I know; he said "There has been a robbery in Commercial Street," mentioning one of the men's names who did it, the other three he did not know, they were strangers to him. I said "Thank God, I am innocent."
Witnesses for the Defence of Day.
ANNIE HAYDAY . I live at 57, Quilter Street with my sister, and am Day's sister—I remember the afternoon of 25th June, because on the 23rd my sister's letter to the hospital was signed—on Thursday the 25th I saw Day at my sister's between 3 and 4 o'clock; I saw him there till 10 minutes to 6, when I went to buy a pair of boots in Green Street—Quilter Street is near Wellington Row, Bethnal Green Road; Brushfield Street is nowhere near there.
Cross-examined. I was first asked to give evidence to-day, I was not at the police-court, my sister was there on her crutches—I do my sister's work—my brother does no work, sometimes ho is a porter at Bishopsgate Market—I know nothing about any other day, only the 25th, I distinctly remember that particular day.
Re-examined. My sister underwent an operation yesterday—I saw the prisoner give each of the children a halfpenny.
London Hospital signed on 25th June last; she is an out-patient of the hospital and is very ill—she was at the police-court, but had to go outside.
GUILTY . Both prisoners then PLEADED GUILTY ** to a conviction of felony at this Court in September, 1879.— Eighteen Months' Hard Labour each.
MR. POLAND Prosecuted; MR. BURNIE Defended.
Before the prisoner pleaded MR. BURNIE applied to the RECORDER to quash the indictment on the ground that it did not allege that after compounding the felony the prisoner desisted from prosecuting the felon; he urged that this was a material allegation because it was an essential part of the offence, as if after receiving money the felon had been prosecuted no mis-carriage of justice would have arisen. He cited the only reported case bearing upon the subject Rex. v. Stone and others, 4, Carrington and Payne, p. 379. MR. POLAND contended that the offence was the illegal agreement, as in cases of conspiracy, and cited Blacsotone's Commentaries, Hale's Pleas of the Crown, and Stephens Digest. MR. BURNIE denied that the exact offence was the agreement to receive money not to prosecute. THE RECORDER ruled that the prisoner should plead and the evidence be heard, after which MR. BURNIE would have a further opportunity of pressing his objection.
HARRY BEDFORD . I am a journalist, living at 48, Manor Road, Walworth—in March I was two weeks behind with my rent; and one evening on coming home I found the prisoner in possession—he said he was acting for Mrs. Allen—I asked him how much he was in possession. for—he said "28s., and 3s. for himself and half a crown for his man"—I went to a drawer in my room to look for some money and missed 28s.—I told the prisoner I had missed money and suggested that the boy Bagley had stolen it—the prisoner said "The scoundrel, let us go in search of him," or something to that effect—I went with him and looked for Bagley for an hour and a half, we did not find him—Burgess urged me to put it in the hands of the police—I was rather diffident of doing that and said "I will leave it in your hands"—I have not received that money—no further proceedings were taken in distress—I have had no further communication with Burgess since—on 15th July I heard Bagley had been arrested and went and gave evidence against him.
Cross-examined. I had four rooms with furniture in all of them—the furniture would be of considerably more value than 28s., it was enough to satisfy the distress, apart from the money in the drawer.
ARTHUR BAGLEY . I am now undergoing sentence—I was formerly acting as assistant to the prisoner, and was his man when the distress was put in at Mr. Bedford's at the end of March—I stole 28s. there, and afterwards got work at Woolwich Arsenal, where I earned good money and saved some—my stepfather, Mr. Hayward, who lives with my mother, tried to arrange this matter—I saw him, and I paid Mr. Burgess a sovereign on Sunday, 5 th July, at Mr. Hayward's, where I had come to dinner—my mother first showed me this paper dated 29th June—I said I would be only too glad to pay it, and on Sunday, 5th July, gave the sovereign to Mr. Hayward to give to the prisoner, and told him I would give him the other money afterwards—he showed me this other paper, an IOU for 5s., and I promised to pay him the remaining 5s. on the
following Saturday for that paper—he said he hoped I would get on all right, I was a free man now I had paid the money, he hoped I had plenty of work—I said yes—he said he was glad to hear that, and any time I was passing he would be glad to see me—I had good work, and thought I was a free man, and I told him I was sorry I had taken the money—he said things were all right now I had paid the money—afterwards I got the 5s., paid it to his wife, and got the IOU back on the following Saturday. (The paper was an undertaking of William Henry Burgess not to charge Arthur Bagley with any criminal offence on this undertaking to pay the amount he took from Manor Road when in possession on the 29th of June.) This was given to me with the receipt. (The receipt was: "Received the above money as stated above.") On 14th July the police arrested me—I was taken before the Magistrate at Lambeth—Mr. Bedford appeared against me—I was remanded, and on 23rd July I was sentenced to three months' hard labour, which I am now undergoing—I am very sorry I took the money.
Cross-examined. I did not complete the payment till the 11th, and was taken into custody on the Tuesday—Burgess gave me good advice as to being honest in future.
WILLIAM HAYWARD . I am a cab driver, living at 2, Olive Place, Chester Street, Kennington—on 4th April the prisoner, whom I had not known before, put a distress in my house—at that time Arthur Bagley, my stepson, had gone away, I believe—Burgess said to me, "I will forego this warrant I have on your goods if you will tell me where your stepson is"—I said I did not know—he said he wanted him for a robbery of 1l. 8s. at Peckham out of a drawer when he was in possession—I did not know where my son-in-law was—I saw the prisoner again some weeks afterwards—he asked me how the boy was getting on—I said I did not know—he said, "Don't you think he is a young fool? Why don't he come and see me in reference to the Peckham affair?"—he said he would settle the matter with him—I did not know where he was then—on Sunday, 5th July, I went to the prisoner's house with this paper, which I had got from my wife—the boy, who had given me a sovereign for the prisoner, was outside—I first asked the prisoner if the sovereign was his—he said, "That is all right, Hayward"—I told the prisoner the boy had sent me with a sovereign—he said, "I cannot take a sovereign" he considered some time, and then said, "I tell you what I will do, I will take 25s."—I said, "I haven't any money; the boy is outside, and I don't believe he has any money"—the prisoner then wrote an IOU for 5s.; I signed it and gave it to the prisoner with the sovereign—afterwards he gave me this receipt, which he and I signed—that was on the 5th, I think, Sunday—I gave him the money to settle the matter according to the statement—Burgess came out and brought the boy in; they shook hands and the boy said, "I am a free man."
SUSANNA HAYWARD . I am the wife of the last witness—Bagley is my son—I remember the prisoner calling on me on 11th June after Bagley had gone away—he asked me if I would send my son to go and see him, and compromise with him as regards paying the gentleman at Peckham, as he was willing to take it by instalments weekly or anyhow he could pay it, and then he would be perfectly free—I told my husband about it, and afterwards this paper was left with me—after the money had been paid and the boy arrested, and while he was out on bail, the prisoner
called and asked me as a favour would I kindly say I ran after him in the street and asked him to take money of my son to compromise the affair—he said, "Your son will get 18 months, if you will do this for me it will save a great deal of trouble, my freedom depends on you and your husband."
JOHN MALFONEY (Police Inspector). On 3rd April the prisoner came to me and informed me that Bagley had stolen some money from a drawer at No. 13, Garlock Road, Camber well—I told him he would be required as a witness if Bagley was arrested—he told me the money belonged to Mr. Bedford, and he would have to make it good—I saw him next at the police-court.
WILLIAM WILLIAMSON (Detective). I took Bagley into custody on Tuesday, 14th July, having information of this offence; I had had a description of him for nearly three months before—he was taken before Mr. Chance next day, when I and Mr. Bedford were examined—in consequence of what occurred Mr. Chance granted a warrant then for Burgess, whom I found on the same night—I told him I had a warrant for his arrest for compounding a felony—I read it to him; he said "The money I received from Bagley I received before he was wanted for this job at Peckham"—at the station he said "The money I received from him was for some things he stole from me while he was removing some goods of mine from Stockwell Park"—I asked him what goods Bagley stole; he said "Some knives and forks"—I showed him the undertaking, and said "This says nothing about knives and forks"—he said "O G—, I wish I had never seen the fellow"—he was taken before a Magistrate on the 10th and remanded to the 23rd; on that day the boy was sentenced and the prisoner committed for trial.
MR. BURNIE submitted that there was no case to go the Jury, first upon the point which had already been argued, and secondly upon the ground that it could only be the owner of goods who could be the compounder of a felony. He cited 1 Russell on Crimes (p. 292), Hawkins's Pleas of the Crown, and Coke, in support of this argument, which, he reasoned, was based upon the fact that for any person other than the owner to accept money not to prosecute would not impede the course of justice, since he might not be a necessary witness. MR. POLAND contended that if that were the case the only material witness not being the actual owner (a business manager for example) might traffic with the thief. The RECORDER ruled that there was no answer in point of fact to the charge, but that he would reserve the points of law for the consideration of the Court of Crown Cases Reserved.
GUILTY .— Judgment reserved.
NEW COURT.—Saturday, August 1st, 1885.
Before Mr. Common Serjeant.
MR. SIMS Prosecuted.
FRANK STAFFA JACKSON . I am Deputy Registrar of the Mayor's Court, London—an action was commenced there on June 5th, at the suit of William Henry Edwards, against James Brown, on a bill of exchange for 14l. 18s. 6d., by a writ under the Bills of Exchange Act—I have the plaint here—the defendant must by the Act obtain leave to defend, on an affidavit showing what his defence is—this is his affidavit sworn for that
purpose: "I, James Brown, builder, make oath and say, 1st. That I never made or accepted the bill of exchange sued upon. 2. I am not indebted to the plaintiff in any sum whatever. 3rd. I further say that I have a full and perfect defence in this action. James Brown." The ground of defence was that he had never accepted the bill—I gave him leave upon that to enter an appearance and defend, and afterwards an application was made to set that aside, on matters stated in the plaintiff's affidavits—the defendant appeared before me, and I adjourned the matter for two days, because he stated that he had a defence, for him to file an answer to the plaintiff's affidavit, but he did not do so—I filed an order by which the appearance should be set aside, but gave him time, and then the order went.
Cross-examined by the Prisoner. You said that you acknowledged the signature to the bill—you may have said that you contemplated taking criminal proceedings against Edwards and Lascelles, the drawer and discounter of the bills, but I do not recollect—I was in Court when Alderman Evans made some such remark as that it was a very fishy case, and let you go out on 20l. bail.
Re-examined. I held over the order for two days, because he said he had a substantial defence to the action, and on the second occasion he had not filed the affidavit, and I let it stand over for two days more.
JOHN LASCELLES . I am an accountant, of 26, Tyrrell Street, Peckham—the body and acceptance of this bill are in the prisoner's writing—my name is on it as the drawer. (Read: "March 31st, 1885. Two months (after date pay to my order 14l. 17s. 6d., for value received, to Mr. James Brown, 13, Fulham Road. J. Lascelles. Payable at Walbrook. James Brown.") (A shilling for interest being added, the action was brought for 14l. 18s. 6d.) I got that bill discounted by Mr. Edwards, the plaintiff in the action.
Cross-examined. My name has been Lascelles ever since I was born I believe—I have signed the name of John Barnett—a prior bill for 4l. 7s. was given me which made part of the amount—I gave it back to Brown, knowing that it was discounted—after you had filled the body of the bill up and accepted it, it was not intended that the name of Edwards should be put on it as the drawer, but my name, and I signed it that afternoon when you were present at 13, Walbrook—you drew it in the office in my presence—you did not apply to me to get it back—I never told you it was destroyed—a consideration was given for it.
By the COURT. I have said "I did not give any value for that bill; it was an accommodation bill"—I repeat that now—he obtained some leases from me by false pretences, and I asked him to oblige me with a bill—that was not to condone the offence—at the time the bill was drawn Brown was in treaty for a piece of ground in Southwark.
By the Prisoner. I am not aware that I am advertised for in the paper every day, or that an officer is waiting outside to take me as soon as I go out of this Court. (The prisoner handed in an advertisement.) Q. Did you ever obtain 10l. of Mr. Diprose in the name of Barnett? A. My Lord, am I bound to criminate myself? (The COURT considered that the witness need not answer.)
Re-examined. As to the leases, Brown had an acceptance of 10l. drawn on Mr. Vokes, which he said he would get discounted on depositing the leases which I had—he took them from the office for that purpose—I
allowed him to do so and sent a man with him, but he managed to elude the man, and the same afternoon he obtained an advance on one of the leases, he and a man named Hall, and I have not seen either of them since.
By the COURT. I did not apply to him to accept the bill on the ground that he had done that—I did not put it in that way—I had asked him for the leases several times—I did not say "If you won't give them back give me a bill."
By MR. SIMS. This case was in the paper last Monday—I do not know whether there have been advertisements in the papers about me three days this week, or who put them in—no one would have any object in putting them in except the defendant.
WILLIAM HENRY EDWARDS . I am the prosecutor—I discounted a bill in this case which was brought to me by Lascelles, who owes me a lot of money, but it has no connection with this case, nor was it the consideration for my discounting it—I gave him a cheque for 2l. 5s., 1l. 10s. in cash, 3l. off the debts, and an old bill of Mr. Brown's for 4l. 7s., which was due in a few days, and other loose cash, making up the amount—I wrote to Brown, the acceptor of the bill, at 5 o'clock that evening, when the bill was not met after allowing three days' grace—I received this reply, dated June 3rd: "Dear Sir,—Yours to hand respecting bill of exchange accepted by me. I beg to inform you that the bill was obtained from me by fraud, and three witnesses were present. I have been told that it was destroyed, and I consider it a gross attempt to extort money, &c. I will put the matter before a Magistrate; every farthing you expend on it will be a dead loss"—it has been a dead loss.
Cross-examined. I am not a professional money-lender—I lend little sums from 1l. to 5l. for people to return by weekly instalments on Tuesday evenings from 7 to 9—I am a printer's warehouseman—you got this from a person who has owed me money for three or four years—I know a person named Jary; I discounted a bill of his—I do not know that he went to my office every day to borrow shillings and sixpences for Lascelles—I have not sued Jary on the bill—I wrote to him twice; he is a poor man, and has promised to pay me as soon as he can—I know Vokes, who owes you a bill—I discounted a bill of his—I had never seen him before, or you either—I have held a life-policy of Mr. Lascelles for five years; he is in a good berth—I hold a bill of sale on his goods that is about five years old.
The Prisoner's Statement before the Magistrate. "I do not deny signing the bill, but if you look at the letter marked 'F' you will see that it is not in my handwriting."
Witnesses for the Defence.
THEOPHILUS HARRIS . I am a cabdriver—I was a lawyer's clerk for many years—you did not consult me about this writ in the Mayors' Court, but you met me and spoke to me about it—you said that you did not owe the money, and meant to defend it, and asked me to correct the draft of an affidavit which you had drawn—this affidavit is something like it, but the words were "in the form sued upon," it is now "as sued upon;" and it was then "I never made or accepted a bill in the form sued upon," now it is "the bill"—the impression on my mind is that it was not accepted till some days after it was drawn; that is why I put "in the form sued upon."
JAMES HALL . I am a builder, of 7, Edward Street, Blackfriars—I was at this Court last Tuesday and said to Mr. Lascelles "It is a great pity these proceedings were not settled out of Court, and the moot point is your not having before sued in the form"—the name not having been on the bill I did not see how it could be perjury, and Mr. Lascelles told me distinctly that he did not put his signature to the bill until the same evening or the following morning; and he almost repeated the same yesterday in the presence of Mr. Edwards himself, but Mr. Edwards said that it was signed before he received it.
The Prisoner. I signed the bill, and I signed it in blank.
Prisoner's Defence. You have heard the whole of the evidence, gentlemen, and I think you will say that I was dealing with a parcel of scoundrels. I never made any affidavit with the intent to defraud. The prosecutor has committed perjury in two or three things. I was ignorant altogether about the affidavit which Mr. Harris made till I went and signed it. If I had a Counsel here it would be a very different thing. I have been employed by Government for five years as Clerk of the Works for Prisons, and am not discharged now, only suspended.
GUILTY. MR. SIMS stated that the prisoner had been before convicted, and had admitted it at the Mansion House. The prisoner denied this.— Judgment respited.
Before Mr. Justice Grove.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. BURNIE
and FOOKS Defended.
KATE O'DONNELL . I am 14 years old—the prisoner is my father, I lived with him at 38, Elphick Street, Canning Town—on Saturday, 4th July, about 10 a.m., my father came in—my mother was at home; she went out at 12 o'clock, about dinner-time, and came back after 1—as she came in my father went out with a man named Dolan; they remained out to between 3 and 4 in the afternoon and then came back—my mother was out, and when she came in my father and she had a little quarrel—my father went out into the yard into a closet and appeared to go to sleep—mother went into the closet and shook him, and then Mr. Clancy went out into the yard and fetched my father into the kitchen and laid him down on the floor—father appeared to be ill, he had had a fit—mother was in the kitchen, and as she was moving my father's feet one of them struck her, she was trying to take his boots off; she then went out of the house—father woke up and came out into the passage as though he were going after my mother—this knife (produced) in my father's, he used to work at shoemaking in the evening, and work at a sugar refinery in the day, the knife was lying with his tools in the kitchen—on that day it was lying on his shoemaking-bench near the window—when he woke up before he went out after my mother I saw
him pick up the knife and go out with it—I did not hear him say anything.
Cross-examined. He was employed at a sugar refinery at Clyde Wharf—he is a very hard-working man, he was always kind to me and my mother—on this morning he had been working on night work at the refinery, and although he was a sober man he had been drinking when he came home—he had fits very often, and when he was brought back into the kitchen he was recovering from a fit, and when his foot struck my mother—when mother came back in the afternoon she was drunk, she used to get drunk—my father had been at work on this day on an unfinished pair of boots and he had been using this knife.
JOHN CLANCY . I now live at 17, Elphick Street—on 4th July I was Living at No. 38, the prisoner and his wife and four ohildren had the two back rooms, I occupied the front room—about 3 o'clock in the afternoon I was in my room and heard a fall, and saw the prisoner lying on the door step, he appeared to be the worse for drink—his wife was in the kitchen attending to the children—after that she came to me, and from what she said I went to the closet in the back yard and saw the prisoner there, he appeared to be in a fit—I had seen him in fits before, he was subject to epileptic fits; he was in a state which I had seen him in before, stiff-necked—I at once attended to him and brought him out of the closet—he fell backwards, and I carried him into his own kitchen and put a pillow under his head and left him there with his wife—about 10 minutes afterwards I heard a noise in the passage and went out of my room and saw the prisoner's wife lying down in the passage and the prisoner attempting to strike her with his hand—I tried to make peace; I caught hold of him, he did not say anything to me—his wife then got up and went out, he said she was never to show her face inside that door any more—later in the afternoon, about 5 o'clock, I went to the front door and saw the prisoner sitting on the door step, and Mrs. O'Donnell came and said to him that she had come to him for to do it—he said why didn't she stop away when she was away till she was sent for—she said in a provoking manner she had come to him for to do it—there was a stool on the door step; he handled it, but he didn't raise it up—I told him to lay it down, and he did so—he made a hit at her with his hand, but I stopped him—she then turned to the right alongside the wall of the house a little way, I had hold of the prisoner—he seemed to make a kick at her, but I don't know whether he kicked her or not—he then broke away from me and got into the house; he remained in there about four seconds, just time enough to go to his room on the same floor level with the street—I saw him come out with a knife in his hand—he passed me, I don't know rightly what he said as he went out, his wife was going in the direction of Scott Street, a little over 20 yards from his door—the prisoner went up to her and shoved her against the wall and put his left hand to her breast, and I saw his hand move backwards, inwards, and forwards about the length of his arm, underhanded—his wife called out, and they both fell to the ground—I ran up to him and laid hold of his right hand, he had then got the knife in it—this is it (produced)—I called for help—his wife was lifted up and was found to be bleeding under her clothes—the prisoner went away; he gave the knife up to O'Neil, an old man—assistance came, and she was taken into a
neighbour's house and attended to by doctors and neighbours—the prisoner was afterwards taken in custody.
ELIZABETH SEAGER . On Saturday, 4th July, between 5 and 6 p.m., I was standing at my door in Scott Street, about 30 yards from the prisoner's; I could see his door from mine quite plain—I saw him pass my door going towards the Bed Tape public-house—he appeared to me to be in a very excited state—in about a couple of minutes he came back again and went into his house, and then came out again and sat on his door step—while he was sitting there his wife came out of Mrs. Brown's in Scott Street—she was then drunk and making a great noise—there was a stool standing at the prisoner's door, and he raised it up with his hand and then put it down again—he then went in and came out directly afterwards, and I saw he had a knife in his hand, and he went with full force with it against the side of her leg—there were a lot of people in the street at the time—the prisoner and his wife fell to the ground—the woman got up and walked to a neighbour's house—I saw blood dripping from her—a young man pulled the prisoner up, and he walked away—I heard the woman say, "Oh dear, oh dear"—a doctor came about 8 o'clock, and she was taken to the hospital—it was between 5 and 6 o'clock when they fell to the ground—I had stripped her before the doctor came—I found she had got a wound in the back part of her right thigh, it was in the middle of the front of the thigh—I had heard them quarrelling at an earlier period in that day.
Cross-examined. I will not swear it is not 50 yards to the prisoner's door—I was not close enough to hear if any words passed on this occasion.
ADELAIDE FINK . I live at 4, Elphick Street—about half-past 5 on this evening I was standing at my door, and saw the prisoner's wife coming up the street—I then saw the prisoner come from his house with a knife in his hand—he walked very fast towards his wife, and stuck it right into her leg—this was about 16 steps from their door—I was about 14 yards from them—I did not hear either of them speak—I then went into my house; I saw nothing more—the prisoner seemed drunk—usually he was a very sober man; I never saw him drunk before.
Cross-examined. I used to see his wife very often drunk.
HENRY FINK . I live at 4, Elphick Street—on this Saturday afternoon, about half-past 5, I was in the kitchen having tea—the last witness came, and from what she said to me I went out into the street and saw the prisoner and his wife lying down there—the prisoner was on top; he had a knife in his hand—they were about 13 or 14 yards from my door, and about 50 yards from theirs—I at once ran up and pulled him off his wife, and then assisted the woman—he looked to me as if he was mad, not to know what he was about—he stood there looking at me; he then walked to the end of the street and chucked the knife up; I did not see it picked up.
ANDREW O'NEILL . I live at 80, Scott Street, and am a labourer—on this Saturday afternoon I was going home, and saw the prisoner and his wife scuffling against the wall—I did not hear anything said by either of them—they fell to the ground—I went up to the prisoner and spoke to him, I cannot remember what I said—I saw the knife lying on the ground some time after that, and picked it up and gave it to Sergeant Pomeroy.
fully qualified medical man—I was called to see the deceased at 76, Scott Street—I found she had got a wound in the upper part of the right leg—there was no haemorrhage—the wound ran obliquely inwards; it was 3 1/2 inches in length, and about half an inch in depth—I had her removed to her own house, and dressed the wound—Mr. Kennedy, the divisional surgeon, was afterwards called.
ALFRED KENNEDY . I am the divisional surgeon of police—about half-past 7 I saw this woman at her own house—she was deeply under the influence of drink then—she was in a most dangerous condition from loss of blood; hemorrhage was still going on—the wound had been dressed; I removed that and redressed the wound—Mr. Mouland's account of the wound is correct; it was about 3 inches long, but very deep—I thought it was best to have her conveyed to the hospital; the ambulance was at the door, and she was taken—it was just such a wound as might have been inflicted with a sharp instrument like this—a man suffering from epilepsy would be very prone to excitement.
ARCHIBALD GEORGE ANDREWS . I am house surgeon at the Poplar Hospital—this woman was brought there between 9 and half-past—she was then dead; I cannot say how long she had been so—I afterwards made a post-mortem examination, and round that the wound had severed the femoral vein, which caused death—an ordinary stab of a knife would have inflicted such a wound.
CORNELIUS KEEN (Policeman K 612). About half-past 5 on this afternoon I went to 76, Scott Street, and saw the prisoner and the deceased in the kitchen there—I made inquiries, and finding the condition in which she was, I went to the prisoner's house, and saw him sitting in the back kitchen—this was about 25 minutes to 6—I said to him "I must take you in custody for stabbing your wife"—he said "I have done it; she was asking for it this long time"—he became very violent, and said "I shall do for you"—he was drunk and very excited—I had to get some men to assist me—he was then taken to the police-station.
Cross-examined. At the time he said this he was very drunk and excited.
The prisoner received an excellent character for peaceableness and sobriety.
GUILTY of manslaughter. The Jury recommended him to mercy. — Five Years' Penal Servitude.
Before the Master of the Rolls.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. OVERY
JOHN WRIGHT . I am a plasterer, and live at 17, Cumberland Place, Harrington Square, Camberwell—the prisoner is a coffee-house keeper at West Ham—I was lodging at his house for three months before the fire—on 3rd July I left the house at 10 minutes to 5 in the morning—the prisoner's wife called me at a quarter to 4—there was no sign of fire when I left—there are four bedrooms upstairs and a club-room—I occupied one bedroom—Lyle, a lodger, had the one opposite—the prisoner
slept in the room next to mine by himself, and his wife and daughter slept in another room upstairs—when I went out I shut the door after me—I did not go into the kitchen or any other room.
Cross-examined. The prisoner let the club-room—I do not know on what terms—he lived with his wife and daughter—I know nothing against his character.
BERNARD LYLE . I am a clerk in a tailor's shop—I lodged at the prisoner's house—on 3rd July at a quarter to 6 the prisoner called me, saying "Get up, I am nearly stifled"—I occupied the room opposite the prisoner's—I dressed myself and went down into the kitchen—I saw that the dresser was on fire—the house was full of smoke—I ran upstairs and called out to the prisoner "It is not much; if we only had a bucket or two of water we could put it out"—he said "I can't get at the water up here"—he was then in his wife's bedroom—I left him there—he was helping his child through the window into the street—I ran downstairs again and shut the kitchen door to prevent the flames—I then opened the back door and let the prisoner in—he had gone out through the window—his wife stayed upstairs—he went into the kitchen, and I went upstairs to fetch my box—the fire in the kitchen was increasing—I got water, and with the assistance of the prisoner and two neighbours we put out the fire—I then went out to a neighbour's—I returned within an hour, and went into the bar-parlour, where the prisoner's wife and child were, and found there had been a fire there in a corner that is behind the kitchen—it was out when I came back—it had been oharred—it was on a shelf in a cupboard—the fireman was there—the prisoner's wife drew my attention to it, and said "We have had another fire since you have been away"—I asked where, and she showed it me in the corner—I did not see any fire anywhere else.
Cross-examined. The prisoner had a bucket in his hand, and was attempting to extinguish the first fire—I am certain that fire was put out—I can't say whether the burn in the bar-parlour was an old one or not.
WILLIAM HENRY PETTITT . I am a fireman attached to the West Ham Fire Brigade Station at Plaistow—on 3rd July at 8 minutes past 6 a.m. I was called to the Grafton Coffee Tavern kept by the prisoner—I found a fire in the back kitchen on the ground floor—it had been partly extinguished when I arrived with the fire-escape—I and the neighbours put it out—I then went up into the prisoners bedroom, and found the bed and bedding on fire—the bed had been slept in—I called for some water—one of the neighbours brought me several buckets—before I had properly extinguished that fire I was called down to another in the bar-parlour, where I found some wearing apparel on a shelf, on fire—that was very slight; a bucket of water extinguished it—there was no sign of any fire communicating between the kitchen and the bedroom.
Cross-examined. I believe when I got there the prisoner was with some neighbours helping to extinguish the fire in the kitchen—I have had a good many years' experience in fires—I did not find that any petroleum or paraffin or any combustible matter had been used—when I found the bedding on fire that aroused my suspicions—the head of the bed was against the wall—that was the part that was on fire—there was no fire on the flooring—the mattress was burnt very near to the foot or
quite—a candle and some matches stood on a pedestal by the side of the bed—the smoke from below filled all the rooms.
MARK PEARSON (Police Inspector). On 3rd July at half-past 10 a.m., in company with Dicker, I went to the coffee tavern—I found there had been a fire in the kitchen, a small fire in the bar-parlour, and the bed and bedding upstairs considerably burnt—I said to the prisoner "How were you awoke?"—he said "By a kind of suffocation and choking"—I said "Were any other persons in the house besides yourself?"—he said "Yes, a lodger, my wife and daughter; I left my room and called the lodger, I then wont into my wife's room, called my wife and daughter, and put my daughter out of the front window" (I saw the daughter, she was about 14 or 15); "I returned to the landing-window, and got out of the window into the yard"—the fire in the kitchen had no connection with that in the bar-parlour or bedroom—the kitchen ceiling was black with smoke—I said to the prisoner "There is evidence of three distinct fires, and I shall cause you to be taken to the station and detained until further inquiry is made"—he said "All right"—he was taken to the station, and about half-past 9 I went there and said to him "You will be charged with setting fire to the dwelling-house, 13, Pelly Road, and endangering the lives of persons therein"—he said "It is a false charge; I know nothing of how the house got alight"—I read the charge over to him, and he made the same reply—on 4th July at half-past 3 I went to the house again, and found there had been a small fire in the scullery in front of the copper-hole—it was pointed out to me—I think there was about nine inches of cement in front of the copper-hole, and the rest was boarded—there were burnt embers on both—I was shown a bottle containing paraffin on the top of the copper.
Cross-examined. There were some small pieces of burnt paper and wood, by the copper, on the cement; the boarding was not charred—the fire in the bedroom was between the head of the bed and the bedstead; it appeared to have begun there, because it was more burnt there than anywhere else—I did not smell any paraffin on the bed—since the fire I have made inquiries in the neighbourhood as to the prisoner's character—I find that he owes 4l. 10s. out of 30l. that he should have paid for fixtures and stock when he took the house two yean ago—I found nothing against his character, nos did I find that he was much in debt.
EDWARD SMITH . I am Chief Superintendent of the West Ham Fire Brigade—I have had a good deal of experience in fires—on 3rd July, at 20 minutes to 9, I went to the Grafton Coffee Tavern—I made a complete examination of the whole house—I found there had been a fire in the kitchen under the dresser—the dresser was burnt, and, the fire had damaged the whole of the floor—the bed and bedding in the room marked "2" on the plan was burnt, but not the floor—in the bar-parlour there had been a fire in the corner on a shelf, some curtains that were hanging down there were burnt—on Monday my attention was drawn to a small fire at the copper-hole, but I thought nothing of that, that was very easily explained away—in my opinion the three fires were distinct—I should think the fire in the kitchen had been alight 20 minutes, that in the bar-parlour and bedroom not many minutes—there
was no sign of fire being conveyed upstairs from the kitchen—the fire in the bedroom appeared to have originated between the head of the bed and the pillow; it appeared most burnt there, as if the light had been applied there—the house was not well furnished, middling—in one of the rooms some beds were made up on chairs.
OWEN JONES . I am Superintendent of the West Ham Fire Brigade—on 3rd July, between 6 and 7 a.m., I went to the coffee tavern with a steam fire-engine—I saw the prisoner and asked if he was insured—he said "No"—I said "Surely you are insured, in a place like this?"—he said "I will ask my wife"—he left me, came back, and produced this receipt of the Norwich Union, showing that the premises were insured for 400l.
Cross-examined. The wife said that all the things had been thrown out of window—I said "If the policy has been thrown out you have your last receipt," and he then produced it.
GEORGE TYLER . I live at Tottenham—I am an agent for the Norwich Union—this policy was effected in January, 1884, for 400l.—the prisoner's wife showed me over the premises, and they insured for what I thought was the average value that he then had—they had a small fire, for which I paid 1l.
Cross-examined. The wife served the customers; the prisoner followed some other business in the daytime, he is a stevedore—as to the 1l. claim, that was made by the wife—the prisoner said it was such a paltry claim he would not have bothered about it.
JAMES WILLIAM MARTIN . I am a licensed appraiser, of 148, Stratford Grove—on 27th July I inspected the furniture, stock, &c., at this coffee tavern—the value was 205l.—I don't know what it might fetch in these bad times.
NOT GUILTY .
Before Mr. Recorder.
MR. GEOGHEGAN Prosecuted; MR. FULTON Defended.
RICHARD STEWART . I am a fruiterer, at 3, Stratford Market—on 10th July I came home with a load of fruit; my boy, Willoughby, was there—I looked over my stock; I had 24 baskets of black currants—after I had counted them the prisoner came up; we deal together—he bought some strawberries of me and left, taking them with him—I had not sold him any black currants—after he left I looked at these baskets of black currants and missed two—I said something to Willoughby and he went and looked round the market, and came back and told me something, in consequence of which I went to the prisoner's van; it was about 50 or 60 yards from my warehouse—I saw two baskets of my black currants there, they were marked with a blue dot at the top, the same as the other 22—I then called a policeman and asked the prisoner where he got those baskets from—he said "I bought them of the boy"—on that I and the prisoner went back to the shop, where I had left Willoughby, and the prisoner said in his hearing "I paid you for those currants"—Willoughby said "You did not pay me, you gave me 6s. for some gooseberries"—I then called the constable and gave the prisoner in custody—he said to him that he had given the boy a sovereign, and the boy had given him 6s. back—Willoughby then put his hand in hie pocket and
pulled out all his money, and said he had got no sovereign—I asked the prisoner how much he had paid for the currants, and he said 3s. 9d.; I had myself paid 4s. 6d. for them at the wharf—if Willoughby had sold him two baskets of currants and two of gooseberries they would have come to 16s., and he would have had 4s. change out of a sovereign.
Cross-examined. The boy did not know the price of the currants—I did not tell him I had given 4s. 6d. for them—they vary in price—I only knew the prisoner by meeting him in the market as a customer—he had two pecks of strawberries in the van and two of gooseberries—there was nothing else except those and the currants—I don't know what time he bought the gooseberries, he bought them before I got there, about ten minutes before I had this conversation with the boy; I don't know that it was an hour before—he did not buy the gooseberries when he bought the currants—I have not mentioned before to-day about the boy turning out his pockets.
HENRY WILLOUGHBY . I live at Leytonstone, and am in the servive of of the last witness—on 10th July I was at his shop in Stratford Market—I was there before Mr. Stewart came—I had charge of the gooseberries and things in the shop—the prisoner came and bought two baskets of gooseberries, and paid me 6s. for them—I keep a book; I enter in the book sometimes what I sell; I entered this—this is the book (produced)—that is all I sold the prisoner that day; I am sure about that—my master then came back with a load of fruit—I saw the prisoner at the shop soon after he came back—after he left my master said something to me, in consequence of which I went and looked round the market and saw the prisoner's van, and in it two baskets of currants—the baskets were the same brand as my master's—I never sold them to the prisoner—I went back to my master and told him what I had seen, and ne went to the van; my master then came back, the prisoner was following behind—my master said "He says he has paid you;" I said "No, he has not paid me for the currants, he has paid me for the gooseberries" the prisoner said "Did not I pay you?"—I said "No, what did you pay me?"—he said "Did not I give you a sovereign?"—I said "No, if I have got a sovereign you may nave it," and I pulled out my pockets, and I had no sovereign about me—I had 3l. or 4l. in silver, and one half-sovereign—the prisoner said he had brought out a sovereign, and he pulled out a handful of money of his own, and I said to him "Why, there is the sovereign"—he said "Yes, then I must have brought out two sovereigns"—I made the entry in the book directly after he paid me; there is no entry about currants.
Cross-examined. The prisoner bought the gooseberries about half an hour before my master spoke to me—there was no other person in charge of the stall; there was a lad there to earn two or three halfpence—it is an open stall; there is a fruit stall on the right-hand side of it, I don't know the name—there is no stall on the other side—on a market morning there are country carts selling peas and vegetables there—I did a middling business that morning, I should think I took 4l. up to the time my master came—I don't remember giving anybody change for gold that morning; I gave no gold to be changed that morning; I gave the prisoner no change at all—I know a Mr. Lambert, a greengrocer; I have seen him here to-day—I will swear I did not give the prisoner a half-crown in change; he gave me two half-crowns and a shilling—I do not put down in this book all the purchases that are made
through me—the currants were not for sale, because I did not know the price; they were the first that came in—a witness was called before the Magistrate named William Nott, who said "Willoughby said 'I might have taken the money or I might not, I can't swear to it' "—I did not say that—I heard him say at Stratford Court that I did say it—I say that it is a mistake—I don't remember speaking to Mr. Nott at all—he gets jobs in the market wherever he can.
Re-examined. There were 24 baskets of currants when my master came back.
GEORGE SLATTERY . I live at Deptford—I was at Mr. Stewart's stall when the prisoner bought some gooseberries, Willoughby served him, and I saw the prisoner pay him—I am not positive what it was, he paid him some silver—I can't remember whether the prisoner bought anything else but the gooseberries—I brought the gooseberries to the prisoner's cart, the prisoner told me to—I did not carry any black currants.
Cross-examined. I know the prisoner never purchased the currants—I don't recollect his buying anything else but gooseberries—there are other boys in the market besides me.
JAMES GLENDENING (Policeman K 101). On 10th July, at 8 o'clock, I was called to the Stratford Market—I saw the prisoner and prosecutor having an argument together—I said to the prosecutor "What is the matter?"—he said that the prisoner had stolen two baskets of currants of him—I asked the prisoner if it was so, he said "No, I bought them and gave a sovereign to Willoughby"—Willoughby then came up and told me that he had not a sovereign, and said "if you like I will let you search my pockets"—I said I did not want to search his pockets, and then he turned them out—he had some silver in his hand and showed it to me; I did not see any sovereign—the prosecutor then gave the prisoner in custody—he said "I am innocent, I paid the boy a sovereign, I am innocent; I am constantly in the market, and am known to all the market as a respectable greengrocer"—the prisoner did not turn out his pockets in my presence.
The Prisoner's Statement before the Magistrate. "If you will not find me innocent I must go to a jury. I am not guilty. I reserve my defence."
Witnesses for the Defence.
HENRY LAMBERT . I live at 40, Queen's Road, Tidal Basin, and am a greengrocer—I know Mr. Stewart's stall where Willoughby serves—I was in the market about 7 on the morning of Friday, 10th July—I did not see the deal between the prisoner and the boy—I came up just as the prisoner dropped a half-crown, and said to him "If you have more than you want you might give me some"—the boy was there at the time—I did not see him give the prisoner anything.
WILLIAM HARRIS . I am in the prisoner's employment and had charge of his van on 10th July—I recollect Slattery bringing the two baskets of gooseberries—I was in the van with my back turned when the black currants were put in the van, but I saw a boy going away from the van—it was not my master—I can't say positively it was that boy—I should have known his back.
Cross-examined. My master was not there when Slattery brought the gooseberries—he came an hour or two after the currants were brought,
WILLIAM NOTT . I am a porter in Stratford Market—I get a job anywhere I can—on 11th July, the day after this, I was in the market and had a conversation with the hoy Willoughby; not many words—he said he could not swear whether he was paid for the fruit or not—I am quite sure about that.
Cross-examined. I never worked for the prisoner; my master did jobs for him, helping him to load up—he has not done so since this charge—I did not begin the conversation with Willoughby; I stood alongside of him—I don't remember who spoke first—I said to him "You ought to be more careful what you say"—I said that after he told me that, that is all that occurred, I swear that—I did not say at the police-court "I said to Willoughby 'It is a foolish thing to have anything to do with the likes of that, you might have made it up different' "—I said he was a foolish chap to swear to the thing if he was not sure of it—what he said was "I could not swear whether I took the money or not."
The prisoner received an excellent character.
NOT GUILTY .
782. WILLIAM WALLER, SAMUEL WALSHAW (47), and JOSEPH PINDER (45) , Stealing four bottles of brandy of the British India Steam Navigation Company within the Port of London, and within six months six meerschaum pipes and other goods of the same Company.
MESSRS. POLAND and TICKELL Prosecuted; MESSRS. HORACE AVORY and BURNIE defended Waller and Walshaw; and MR. BROUN defended Pinder.
ROBERT EDWARD KING . I am a foreman cargo clerk in the service of the British India Steam Navigation Company, the owners of the Kangra and Westohall—the latter ship on 26th Jane was in the Royal Albert Docks between 6 and 7 o'clock in the evening—at that time we were taking in 14 cases from the barge Lead belonging to the Union Lighterage Company—the 14 cases came from the Condor from Hamburg—I saw Pinder at that time in the hold of the Lead; he was bulky, in consequence of which I kept my eye on him—I saw him come out of the barge after she was discharged, and go on board the Westohall, the ship in which the 14 cases had been shipped for Brisbane—from that he went on the quay and then on board the Kangra, and from her on board the s.s. Navarino, and from her into the cabin of the barge Copper—Inspector Moyse came up then—I asked him to go to the Copper—Pinder came out of the cabin, ne went towards the Westohall again—I called to Hodder to follow him and let me know where he went—the barge Cochin was lying under the bows of the Westohall—when I saw him on board the Kangra I was close to him and could see in his left-hand jacket pocket what appeared to be small packets in brown paper—after speaking to Hodder I saw Moyse come from the Copper with Walshaw and Waller—afterwards I saw Hodder, and in consequence of what he said I went and looked after the Cochin with Moyse-—Pinder went with us up the dock to find the Cochin, he took us past it to the far end of the dock—we found it under the bows of the Westohall after some time—Moyse went into the cabin, he asked Pinder to unlock the cabin that he might go in—he refused for some time, saying he had other work to attend to—ultimately he did, but first he said "Mind, if there is anything found I know nothing about it"—only Moyse and Pinder went in the cabin, I stayed on the top—Moyse brought out some brown paper packets
containing meerschaum pipes, some boxes containing amber stems, and some tobacco pouches in papers, and two bottles of brandy—I should think the brown paper packets containing the pipes were the same as I had seen in Finder's pocket—on the following morning I opened two cases, No. 224 and 231, part of the 14 from the Lead, on board the Westohall—the tin linings inside were out and they were not full, some of the coutents were similar to these articles—this is one of the pouches I took out, it is similar to the one found in the cabin—there were briar-root pipes, not meerschaum, in cardboard boxes in the cases—I knew the Copper had delivered to the Kangra 500 cases of brandy from the Era on the previous day, the 26th—I got the Customs officer to open one of the cases on board the Kangra on Saturday morning—the bottles of brandy in that were similar to the bottles found in the cabin—the men were charged in the ordinary way.
Cross-examined by MR. BURNIE. It would take about one hour and a half or two hours to unload the 500 cases.
Cross-examined by MR. BROUN. About four men would be in the hold to unload the Copper of the brandy, I could not say exactly—during the time of discharging both barges would be accessible to a number of persons—Pinder was in authority over the other men, and it was his duty to look after them and go about from boat to boat—the Customs-House officials were about occasionally, not always—I did not see the clerks to the consignors, nor to the agents, about—the Customs' locks were on these things, I believe—I could safely say that what I saw in Pinder's pocket was not a pocket-book, but four or five parcels; it was an outside pocket and quite apparent to the eye when I got above him—I cannot say that Pinder has borne a very good character up to now; he has borne a fairly good one, I believe there has been something against him.
Re-examined. At one time he bore a very bad character—I have heard he was convicted in 1876 for unlawful possession.
—MOYSE (Police Inspector to the London and St. Katherine's Dock). About 8 o'clock on the evening of 26th June, in consequence of what King said to me, I went on board the Copper, lying close to the Kangra—I went into the cabin, where I saw Waller and Walshaw—Waller was sitting on a cross-bench or looker, with this bottle of brandy with its neck broken, close to him; his right hand was over it as if he was endeavouring to conceal it—I searched Walshaw, and found this fall brandy bottle in the outside pocket of his jacket—I asked him where he got it from—Walshaw said he had found it, and was about to hand it to his foreman—Waller said nothing—I retained it—I left them, and went on the quay and met King, and ultimately Pinder, whom I asked to unlock the cabin hatch of the Cochin—he hesitated at first, and then did so—I requested him to go into the cabin with me—he refused at first and said, "Mind, if there is anything wrong I know nothing about it"—after some persuasion he went in with me—I searched and found behind one of the timbers these 10 new meerschaum cases and pipes, tobacco pouches, and two bottles of brandy, one full and unopened, and one partly full in a locker on the cross-bench—I detained him—he said nothing when I found the things—I had not seen the Copper when they were discharging the 500 cases.
Cross-examined by MR. AVORY. I had not seen Waller on the barge
previously to my going on board the Copper, which was about five or ten minutes after King spoke to me—I could see the barge when King spoke to me, but cannot say if Waller and Walshaw were on it then—I know Walshaw only went on board just before I did—he is a lighterman's watchman—he told me he had only just been called to help the other man put on the hatches—I could not say whether as a watchman Walahaw would have anything to do with unloading barges—he would have to take care of the barges when the lighterman was not there—there is a Central Hotel close by used by those passing in that direction—I could not say where Waller came from just before he went on board—I could have got down the hatch if Waller had not sat down—his hand did not entirely conceal the bottle of brandy which it was over—both Waller and Walshaw were perfectly sober—Waller said nothing at all—he did not say before I found the bottle in Walshaw's pocket, "There is a bottle in Walshaw's pocket"—I asked Walshaw if he had anything about him—he made no reply—on turning round I felt something hard strike my right elbow, and then I searched and found it in his pocket—that was almost immediately after I asked him if he had anything on him—I was for eight or ten minutes in the cabin—Walshaw said he was going to take it to the foreman—the foreman has use of the Shipping Company's box on the quay—it would be a risky thing for a lighterman who found anything on board his barge, to take it to the foreman, because he would be liable to be stopped by the Company's police or by the Customs—he should communicate with the Customs' searchers or tide surveyor, or even the surveyor of Customs, who lives almost opposite where the ship was lying—the foreman lives about 100 yards off—it would depend on whether the thing was liable to duty as to whom it should be taken to; it would be safer to communicate with the surveyor—if stopped by the tide surveyor with one of these bottles he would have been charged with smuggling—I have known Waller and Walshaw for some time; I know nothing against them; they both bear good characters from what little I know of them—most of these cabin doors have padlocks on them—there were padlocks on the doors of the Copper—it was empty when I went in, I suppose the Customs had cleared it.
Cross-examined by MR. BROUN. Lightermen belonging to the same firm would have access to this barge when cleared—there are no looks on the doors, they are secured with a padlock and an iron clasp—most of the lightermen carry keys of the barges.
Re-examined. When a ship comes in with 500 cases of brandy they would have to be passed through the Custom House, and then put on a barge to be taken to the outward bound vessel.
By MR. AVORY. Four or five stevedores would probably be employed to unload a barge like this—it would be unloaded under the superintendence of the lighterman in charge, and it would be to his interest to have a clean receipt for the barge.
SAMUEL CHIVERS . I am a foreman lighterman in the service of the Union Lighterage Company, Limited—on 25th June it was part of my duty to see the Copper loaded with brandy from the Era—Waller was the lighterman in charge of the Copper, and I saw him in the Copper on that day taking the brandy from the quay to the Kangra under the locks of the Customs.
Cross-examined by MR. AVORY. It is the duty of the Customs to stand
by the barge and see she is properly loaded, and then put her under locks, and then to see she is properly unloaded, and make the ship give a receipt for the cargo—the lighterman's duty is merely to take charge of the barge and of the cargo under the locks, and get a receipt from the ship when he has unloaded properly—about four men would be in the barge slinging when she was being unloaded, no more—after the barge was empty, the man would be in charge of the Copper still until further orders—it is a common thing to leave an empty barge to go on shore for meals; they don't have them on board—Waller might have gone on shore for meals.
Re-examined. When the cargo is taken, to the outward ship the barge has to be unlocked to get the cargo out—I have never known the Customs House authorities let bargemen have keys—unless it is thought there is anything deficient cases from abroad are not opened—if they come from respectable consignors they treat them as beimr as stated.
GEORGE ARTHUR SLACK . I am a foreman in the employment of the Union Lighterage Company, who own the Copper, Lead, and Cochin, and in whose employ all the prisoners are—Pinder is a leading man to officiate in my absence—Walshaw is a watchman on board one of the barges, and Waller a lighterman, having charge of the Copper—Shaw was in our employment on 26th June, on which day they were all the persons who had anything to do with those barges—they were left in charge after I went—Waller had charge of the Copper, containing the 500 cases of brandy; Shaw had charge of the Lead, and Pinder had charge of the Cochin and other barges, and to see after water and different things—Waller had loaded the Copper the day before with brandy, and he had orders to remain on board until the brandy was all on the ship—it was part of the duty of them all to superintend the unloading.
Cross-examined by MR. AVORY. Pinder or I would get the receipt, and if we get it from the ship, the, lighterman has no notice that anything is wrong—sometimes men have meals on board, sometimes on shore—there is a stove for cooking on board—it is not usual to get their meal on board—most men go to the Central Hotel when standing down there—it is the usual custom for men to go ashoze when the barge is unloading—he has his orders to come and see me—it is not his duty to stay on board till some one takes him off—if the men find anything on board it is not usual, but advisable, for them to bring it to me, or other men on the quay—it would be very hard for them to be charged with smuggling—it would do no harm for them to report it to the surveyor of customs—I know nothing against Waller and Walshaw—they are both constantly left in charge of valuable cargoes.
ROBERT HODDER . I am a walking foreman to the British India Steam Navigation Company—I walk about the quay and on board ships—King spoke to me on the evening of 26th June, and I afterwards saw Pinder walk along the quay and go to the cabin of the Cochin—he came out again, locked the cabin door, and went on the quay round the Westohall's side across the barge—I did not see him afterwards.
Cross-examined by MR. BROUN. I saw him for about five minutes.
JOSEPH DURNFORD . I am a Customs House officer—when a cargo comes from abroad it has to be passed through the Customs House, where about four cases are opened here and there—they are fastened down again,
and put in charge of an officer to see they go to the outward-bound vessel—on 28th June, after the discovery of this matter, I saw some of the cases opened; they contained a dozen of brandy, which I have compared with those four found in the barge and find the labels, capsules, and appearance exactly correspond—I don't know if there was more of that brandy than that 500 cases on board this particular ship—I did not receive the goods.
THEODORE JONAS (Interpreted). I am in the service of Messrs. Warburg and Co., of Berlin—in June last our firm shipped fourteen cases of goods to England to go to Brisbane in the Condor—they were fancy goods, pipes, pouches, cigar holders—I was present when the pouches like this were packed in case 224—this one exactly corresponds with those we packed—I had no doubt about it.
INSPECTOR MOYSE (Re-examined by MR. AVORY ). Waller said nothing when I found the brandy—Walahaw said he had found them and was going to hand them to his foreman, and Waller said yes directly afterwards—I did not say before the Magistrate "They both said they had found them"—I cannot explain why it was taken down then—the hatchway is about 2 feet square, a person coming down into the cabin would almost step on another standing at the bottom; you would hear him coming and have warning—Waller was sitting down.
Waller and Walshaw received good characters.
PINDAR— GUILTY . *— Eighteen Months' Hard labour. WALLER and WALSHAW— NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALICE TURNER . I am barmaid at the Shakespeare's Head, Roscoe Street, Canning Town—on 20th June, about 2.30, the prisoner came to the private bar for half of beer, price 1 1/2 d., and gave me a bad half-crown—I said "This half-crown is bad"—he said "I did not know it was bad"—I gave it him back—I can't remember whether he gave me a half-crown or a shilling, but I remember giving him 4 1/2 d. change—it may have been a sixpence—Johnson, who I knew, was in the bar at the time—I tried it and bent it with my teeth, which marked it a little—I do not usually give back bad money—this (produced) is the half-crown, it has the marks my teeth made—I asked him where he got it and he said at Hackney.
Cross-examined. I did not say at the police-court first that you gave me a half-crown and then a bad half-crown and then sixpence.
CHARLES EDWARD RELF . I keep the Town of Ayr public-house, Victoria Dock Road, Canning Town—on 20th June, about 3 p.m., the prisoner came and called for half a pint of stout and mild, price 1 1/2 d., and put down a half-crown—I did not notice any marks on it—I was bouncing it on the counter and Johnson came into the bar—I went to the other till and was trying it in a brass thing and the prisoner drank up his beer and walked out—I kept it in my hand and walked out and gave it to the constable and went after the prisoner and said "This is a bad half-crown"—he said "Is it?" and pulled a good one out and took the bad one—a constable was there and took the bad one from him—I gave him in custody.
Cross-examined. You did not say "I am as innocent as a new-born child"—I lost sight of you for a short time.
GEORGE JOHNSON . I am a confectioner's traveller, of 2, Wharf Street, Canning Town—on 20th June, about 2.30, I was at the Shakespeare's Head serving my goods, and saw the barmaid serving the prisoner and trying the half-crown which he tendered—she told him it was bad—he said "I suppose I must be the loser of it, I know where I got it from," and he took it up and put it in his pocket—he then took another half-crown from his pocket, and she gave him 2s. 4 1/2 d. change—half an hour afterwards I went to the Town of Ayr public-house, which is on my round—I saw the prisoner there and recollected him, and went and stood by his side—he threw down a half-crown on the counter; a young man took it and gave him the change for it.
Cross-examined. I recognised you by your one eye—I could swear to you from a thousand.
GEORGE TEELETT (Policeman K 189). About 3 o'clock on the afternoon of 20th June I saw the prisoner leave the Town of Ayr public-house followed by Relf and Johnson—Johnson pointed to him and said "This man has been passing bad money"—Relf then said "You have given me a bad half-crown"—he said "Oh, is it?" and put his hand in his trousers pocket and pulled out a good half-crown and gave it to Relf, and was about to take the bad one back when I seized it—I took him back to the private bar of the Town of Ayr, searched him, and found in his trousers pocket two single shillings and 6 1/2 d. in bronze—I said "I shall take you in custody for uttering this half-crown"—he said "All right"—it was bent at the edge, but I did not notice the teeth marks.
Cross-examined. I saw you leave the Town of Ayr; you had plenty of time to get away.
GUILTY .— Nine Months' Hard Labour.
MR. MOYSES Prosecuted; MR. FULTON appeared for Conolly, and
MR. WARBURTON for the other three prisoners.
The COURT intimated that the calf was probably only taken for a joke, upon which MR. MOYSES withdrew from the prosecution.
NOT GUILTY .
MR. GEOGHEGAN Prosecuted.
JAMES EDMONDS . I am a seaman, and when on shore live at 16, Ford Street, Canning Town—on 16th June, between 4 and 5 p.m., I met the prisoners outside the Barking Road Distillery—I then had a watch, silver chain, an eyeglass, and silk pocket-handkerchief—they both asked me if I would treat them, I said yes—I took them in the Distillery and gave them three or four drinks at my expense—we were in the Distillery about three-quarters of an hour—I carry my money loose in my pocket, and
took out coppers to pay for the drinks—when I left the distillery they followed me; we turned into Viotoria Dock Road—I went into the bar of Ralph's music hall, and the prisoners followed me, and I gave them a drink there, and had a drink myself—we were there 20 or 25 minutes—after we came out, Kelly asked me to go home and see her husband—we went into other public-houses; the Victoria Dock Tavern was the last—it was then almost dark—I knew what I was about, but after I left I cannot remember what happened, I was senseless—at 11 o'clock I picked myself up close to Kelly's door, 17, Charlotte Street, two or three minutes' walk from the Victoria Tavern—all my pockets had been stripped, my watch, Albert, and handkerchief were gone—I was almost naked, from everything—I had last seen my watch, chain, and handkerchief when I went into the Victoria Dock Tavern—this is my reading-glass, that was in my waistcoat pocket when I went into the tavern—I afterwards went to visit my people at Plymouth, and then came back to London—on 18th July I met Kelly in Victoria Dock Road, about 10 p.m.—I had been on the look-out for her—I tapped her on the shoulder, she said "How are you?" I said "I am very well, how is yourself?" she said "Nicely"—I said "I beg pardon, I want to speak to you for a moment; do you remember the evening you and me were together and the other person?"—she said "Yes"—I said "Did I go home to your house"—"Oh no," she said, "I left you at the Barking Road Distillery"—I said "You are telling a lie; I have been on the look out for you ever since; now I have got you, unless you can give me some information where my watch and chain is as I lost in yours and the other person's company, I shall detain you and give you in custody"—she called me a villain, scoundrel, and struck me in the free—she said nothing about the watch and chain, she said she would give me in charge—I gave her in custody on the charge of stealing the watch and chain—on the following Monday, when Kelly was being tried at West Ham Police-court, Haggerty was in the body of the ball—I pointed her out, and the Magistrate ordered her to be taken in custody—I have not seen my handkerchief since.
Cross-examined by Kelly. I did not ask the barman to fill up your glasses; you followed me into Ralph's, not I you—I did not bring out my papers and offer them to you to read; you did not say you could not read without your glasses, nor did I then offer you my eye-glass—I had my papers on me, I have lost them too—I did not show you a half-sovereign and say I would give you that if you would take me home—I lost a half-sovereign.
Cross-examined by Haggerty. You were not in another compartment asking the barman for a piece of cheese—I did not tell him to give you bread and cheese and fill your glasses, and say I would pay for it—I might have filled your glasses—you were willing to drink all I would pay for—I did not lend your aunt my eyeglass for her to read my papers—you were sober then, but not when I left you—I did not lend you my handkerchief at Ralph's when you were sick, if you had it you must have taken it—I had only one—if you were sick I did not observe it—when we came out of Ralph's I did not say "Keep the handkerchief, it is of no value"—I never went into a stewed eel shop—I did not in there offer your aunt half a sovereign.
Re-examined. I am married—my papers were returned to me on 1st
or 2nd July by post addressed 3, St. Luke Square—I did not tell the prisoners where I lived, but my address was on the papers—they could not have dropped out—they were in ray secret coat-tail pocket.
CHARLES HUNT (Policeman K 102). I am stationed at Plaistow—at 10.30 on 18th July I was called to take Kelly—she was with the prosecutor in Victoria Dock Road—I said "I shall take you in custody; you will be charged in being concerned in stealing a watch and chain from James Edmonds on 16th June"—she said "I know nothing about it whatever; I did go into several public-houses with Edmonds, but I know nothing further"—I took her to the station—she was remanded till the 20th, when she was brought up at West Ham—Haggerty got up in Court, and the prosecutor said "That is the woman I have been looking for," and the Magistrate ordered her name to be placed on the sheet—after they were in custody I went to the house where they live together—I searched Haggerty's box by the side of her bed and found this eyeglass at the bottom of it under a lot of clothing, shut down, not locked—in the evening on the remand at the police-court Haggerty said "Have you found out anything about this job?"—I said "You will hear that at the police-court"—she said "I suppose you found a pocket-handkerchief which I took from Edmonds when I was sick in Ralph's public-house?"—I searched for that handkerchief—I have not found it—a description of the watch and chain has been circulated—they have not been found—Kelly has a husband—the prisoners have never been charged before.
NOT GUILTY .
Before the Master of the Rolls.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. PURCELL
Defended, at the request of the Court.
MARIA JONES . I am the wife of Thomas Jones, and live at 7, Rutt's Terrace, Peckham—it is a six-roomed house; three rooms upstairs and three down—we occupy the three downstairs rooms—the front room upstairs was occupied by Waller, a tailor, and his family, and the other two rooms by the prisoner and his family, consisting of three daughters, two boys, and two infants—one of the daughters was the deceased, Emma Read—they had been lodgers there for about five months—on 22nd June, between 1 and 2 in the day, I saw Emma at the sink in my room, getting a pail of water—I spoke to her—she was then quite well to all appearance—after getting the water she went up to their room—Isabella, one of the sisters, was there at that time, and I thought also two of the boys and the prisoner—Louisa was out—about 4 o'clock that afternoon I was in my back parlour, which was immediately under the Reads' room—I could hear talking in their room—I recognised the voices of the prisoner and Emma—I heard a few words—I heard the prisoner accuse her of being with a Mr. Lee in the high road, late on Sunday night—I heard very high words between them, and swearing from the prisoner—this was going on about three-quarters of an hour—I then
heard a violent blow, followed by a piercing shriek, and than I heard a scuffling in the room for a few moments—I did not hear any fall—I then heard the door opened, and Emma rushed out of the room, banged the door, and went into their little back room over the kitchen, and it appeared as if she threw herself on her bed on the floor—I did not go up to see what was the matter, I continued at my work—the place was quiet after that—about half an hour after I heard William, the youngest boy, about nine years old, leave the house—that must have been past 4 o'clock, I could not say exactly—about 5 o'clock I saw Isabella leave the house, and about 6 o'clock Louisa, the elder sister, came home and went upstairs—I heard her speak to her father, but I did not hear what she said—I heard him say she could go and do what she liked, and be d—he did not care a d—Louisa then came downstairs to me, and spoke to me, and then went out—I saw the prisoner after 9 o'clock that night—he came down stairs—he said nothing about his daughter—I said nothing to him about what I had heard upstairs—he said "Good evening, Mrs. Jones," and I answered him—before that, between 7 and 8 o'clock, I saw the deceased in her night-dress being carried by the prisoner and Louisa from the little room to the other room—I was at the bottom of the stairs—I heard the prisoner say "Rouse up, Emma, don't be silly"—the doctor came soon after 8 o'clock, and she was carried back by the prisoner and Louisa into the little room where she slept—I heard nothing said then.
Cross-examined. Isabella appeared to be about 18—I heard the prisoner let Emma in about 1 o'clock on the Monday morning—after what I heard I saw Isabella come down and go out quickly—I did not see what she had—there is a public-house about three minutes off—I did not notice whether she went in that direction—I did not hear the prisoner say to Louisa "I don't know what has happened, get who you can"—I did not go upstairs when I heard the scuffling—I had often seen Emma and spoken to her; she was at home all day—there were two infants there—I thought they were both Emma's, but I have understood since that one belongs to Louisa—Emma might have stopped out late two or three times, but not very often—she was not married.
WILLIAM WALLER . I am a tailor, and have lodged at 7, Rutt's Terrace, Peckham, with my wife about two years, in the front room, first floor—the prisoner lived in the back—on Monday, 22nd June, between 3 and 4, I was in my room at work; the door was shut—I heard quarrelling going on in the prisoner's room—I heard his voice and another, but not distinctly—I heard him say "If you answer me in those words again I will break every bone you have got in your body"—I heard nothing more—I went out to take some work home—I heard a very loud long scream, that was quick after the words were used; it was a scream as of a woman in distress—I did not hear any scuffle—I never heard such a scream before—after that all was quiet—about 9 in the evening I heard that Emma was dead—I had not seen her that day.
Cross-examined. I did not think of going into the room—I only knew the daughters by just meeting them on the stairs—they had been there about six months—I believe they worked at bead work.
PRISCILLA WALLER . I am the wife of the last witness—on Monday afternoon, 22nd June, I was in the same room with him—between 3 and 4 I heard some very high words in Read's room—I could distinguish the
prisoner's voice and Emma's—I did not hear what they said; they seemed as if they were quarrelling—I heard the prisoner say "If you speak to me in that way again I will break every bone in your skin"—a few minutes afterwards I heard a very loud scream; it was a woman's scream—I afterwards heard the door open, and some one ran down three stairs into the little back room—between 6 and 7 I saw Mrs. Jones, who said something to me, and a little while afterwards I saw Louisa, and she fetched the doctor—later in the evening I heard that Emma was dead—I had seen her between 12 and 1 that day; she then seemed in very good health.
Cross-examined. I was sitting at work in my room with my husband; no one else was in the room; the children were at school—I did not pay any attention till I heard the quarrelling and scream—it was a very loud scream, such as I had never heard before—I had never been in their room.
SAMUEL BRIGGS GRIFFITHS MACKINNON . I am a registered medical practitioner at Peckham—on Monday evening, 22nd June, between half-past 8 and 9, the prisoner's daughter Louisa came and fetched me—I followed her, and got there about 9—I went up to the room on the first-floor—I there saw Emma Read sitting in a chair; the prisoner was standing beside her, supporting her—she did not seem able to sit up alone—I inquired how she had been taken ill—he said she had been quite well at dinner-time, and had taken her dinner and tea quite right; that she had gone to lie down, and soon afterwards had complained of being ill—I inquired how she had been taken ill, and why she had lain down—he said she was accustomed to he down after tea, and he had looked in and saw she was getting worse—I took the girl's hand and found she was almost collapsed; her hand was cold and she was pulseless—I asked her where the pain was—the said "Oh, all over"—I thought sho was suffering from miscarriage or something, and asked for her to be put to bed, and she was carried into the next room—there was no bed or bedding there—she was put on the floor—there were two heaps of rags or clothing of some kind on the floor, on which she was lying—I examined her for internal loss of blood; I could find none—I asked her again about the pain; she put her hand in front of the left kidney, but did not speak—I turned her over, but it seemed to give her pain, and I did not examine her very much—she said abruptly, "Oh, give me something, and let me die"—she seemed in great pain—I could not find out what was the matter with her—I sent her some medicine—about 10 Louisa called again for me, and when I got to the house Emma had just died.
ALEXANDER MATTHEW MOORE . I am a surgeon, at 41b, New Cross Road—on 24th June, by direction of the Coroner, I made a post-mortem examination of the body of Emma Read—she appeared to be about 20 years of age—she was a well-nourished woman—I found some very slight bruises at the seat—I made an internal examination and found four clots of blood, one large one in front of the left kidney extending to the kidney; there were three clots on the right side, in front of the right kidney, and two other small clots in the lower part of the abdomen—adjacent to those clots were two marks of internal bruising, or extravasation of blood, and directly outside there was some very faint bruising over the outer tissue—those external bruises were directly in front of the bowet and between the two sent bones; there were no other bruises
about the body—there was no appearance of any disease—except for this misfortune to the kidneys it was a healthy body—the rupture of the kidney was the cause of death, and nothing else—a direct blow would cause the rupture; it would require considerable violence—a blow from the fist would do it; I don't think a kick would, because a kick would cause a bruise—the rupture would cause intense pain—I should think death would occur within 12 hours.
Cross-examined. There were no external marks of bruising at the spot where the rupture was; that part would be protected by the woman's clothing—I don't think the rupture would be occasioned by falling against an obstacle, or by a sudden turn or running away.
HENRY WOODINGS (Policeman R 91). I am the Coroner's Officer—I attended the inquest before Mr. Carttar—the prisoner was examined as a witness on 26th June, and again on 6th July—his deposition was read over to him and he signed it. (This being read, stated that the deceased having made use of impudent language to him, he made a feint of throwing a coat at her, upon which she screamed, but he denied using any violence to her.)
JOHN TUCKER (Policeman P 169). At 20 minutes to 11 on the night of 22nd June I went to the prisoner's room—I remained with him about three hours—he had been drinking—just before we left he said that he had called a doctor, and his daughter had died from heart disease.'
ISABELLA READ . I am 17 years of age—the prisoner is my father; Emma was my sister—on 22nd June I was at home all the afternoon in the upstairs room—I dined about 2 o'clock with my father, Emma, and my little brother Willie—Willie went out to school shortly after—between 3 and 4 o'clock my father spoke to Emma about being out late on Sunday night—she said she would go out what time she liked and come in what time she liked—father said, "You shan't do it," and he was going to throw my brother's coat at her—she screamed, not very loud—she went on with her work for about a quarter of an hour, then put her work down, got up, put both hands to her left side, and walked out of the room—I went and called Willie in to get tea ready, and I went to call Emma—she said she did not want any tea, she had such pains in her stomach, would I send for something for her, and I sent Willie for some gin—I went and told father she was bad, and he sent me back to ask if she would have some tea—she said no, she did not want anything except the gin—I gave her the gin; that made her vomit—I did a little more work, and then went back and asked if she was better—she said "No"—about 10 minutes to 7 I went back again and asked if she was better—she said "Yes"—I then went out, and when I came back at 12 o'clock she was dead—when I went out I did not think there was much the matter with her.
Cross-examined. She had had an illness some time before, complaining of pain in her stomach, and had had brandy and poultices the day after Boxing Day—she complained on the Sunday of fulness—she went out on Sunday aud did not come home till Monday morning—she appeared in her usual health on Monday, quite well—my father never struck her or kicked her—she had been quite well until she screamed—she got up suddenly and complained of pains in her stomach, and she put her hands
to her left side—I heard my sister Maud say that Mrs. Ellis told her that Mr. Larlin had told her he had seen Emma with two young men on Sunday evening, and they had knocked her about.
Cross-examined. I spoke to Maud about it—I did not hear it from any one, I only thought what I said—I said she was in the habit of going to Gloucester Gardens, and she had met with an accident there—I said that after her death—I believe she knew George Ward and Harry Ditton at Gloucester Gardens—I did not say anything about her being knocked about by two men at Greenwich; I had seen her with those two men, and I thought they might have been ill-using her.
GUILTY.—Strongly recommended to mercy. — Two Days' Imprisonment.
Before Mr. Common Serjeant.
787. EMMA ELLIOTT (26) PLEADED GUILTY to three indictments for stealing boots and shoes from young children; also to enticing away Florence Chandler, aged 6 years, with intent to steal her clothing.— Twelve Month' Hard Labour.
788. GEORGE EDWARD MORETON (43) and THOMAS RIGBY BRERETON (36) , Unlawfully obtaining by false pretences from George Leidig 4l. 5s., with intent to defraud, and other moneys from other persons with a like intent. Other Counts for conspiracy.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MR. HORACE
AVORY defended Moreton, and MR. GILL defended Brereton.
HENRY WILLIAM GEORGE CRAWFORD . I am a jeweller, of 177, Brockley Road—on 15th May Moreton, who owed me 13s. 6d., came and said he wanted to pay ray account, and drew his cheque-book out, and drew this cheque for 1l. 13s. 6d. on the Royal Exchange Bank, and signed it "Moreton and Co."—I gave him 1l. change—he had said, "I may as well make it 1l. 13s. 6d. "—he said, "Send the bill up"—I endorsed the cheque and paid it away to a Mr. Burton, and on the 20th it was returned marked "No effects"—on the day before that, the 19th, I received this letter. (This wasdated 9, Rood Lane, and requested that the witness would not part with the cheque until the prisoner had seen him, and if he had done so to tell the person who had it not to let it go.) On the following week I saw the prisoner and asked him to settle the matter—he said he had been put about by people giving him cheques, and that he would see to it—I had written to him—the money has never been paid.
Cross-examined by MR. AVORY. He came to me on the same day as the cheque is dated—it was crossed when given to me—it was returned through Mr. Burton—I did not go to Mr. Burton after receiving this letter of the 20th to ask him to hold the cheque—the prisoner led me to infer when I saw him afterwards that he had been disappointed by taking cheques that he had not got money for.
GEORGE REDMAN . I am a baker, of 254, Brockley Road—on 16th May, Moreton, who owed me 1l. 3s. 9d. for bread, came to me with this cheque for 2l. 5s., and said that he would settle my account—I asked him if the cheque was all right—he said "Oh, yes, do you know anything wrong about me?"—I said "No, I don't"—I saw the cheque was post-dated
two days, but said nothing about that—I receipted the bill and gave him the balance, 1l. 1s. 3d.—on the 18th I paid the cheque in part payment of my account to Symonds and Moreton, and on Tuesday, 19th, my wife gave me this letter. (This was dated May 19th, 9, Rood Lane, and requested him if he had not parted with the cheque, to hold it till he saw him, or if any one else had it to ask him to hold it.) In consequence of that letter I went to his office, Rood Lane—I did n it see him then, but saw him the same evening—I said I had come about the note he had left me in the morning, I came for the money for the cheque—he said that he had been disappointed with a man in the New Cross Road; he was expecting some money, and he would call aad leave it in the morning—I told him I had paid it away—he said "Go and stop it, for God's sake, don't let it go, it will ruin me at the bank"—I told him it was too late, it was gone—it was afterwards returned marked "No effects"—no money has ever been paid me for it—he brought it ready drawn and crossed—about 9 p.m. on 27th or 28th May, I went to Moreton's house and asked him for payment of the dishonoured cheque—he said he was going to meet a man in the New Cross Road at 9 o'clock to receive some money—I said "If that is the case I will go with you, and if he pays you you can pay me the cheque"—he agreed—we went as far as the Breakspeare Arms—he said "Will you go and have a glass of ale?"—I said "No, let's go down New Cross Road, it will get late before we get there"—we went into the Breakspeare Arms, I had a glass of ale—I there asked him what name it was he was going to see in the New Cross Road—he said Brereton—nobody came—we waited about five or six minutes—he said he had promised to meet him at the Breakspeare and he would call on the following morning and pay me—he did not come and has never paid me.
Cross-examined by MR. AVORY. I saw the cheque was dated 19th May and understood it would not be paid till the 19th—he gave me no reason, and I did not ask why it was post dated—I thought he had not got money to meet it before that day—I received this note early on the morning of the 19th—I paid the cheque away before it was due, on Monday night—I did not go down to the people to whom I had paid it on receiving the note, I knew it was no use—I saw the prisoner twice every day for the money, I tried very hard for it—he called at my shop as late as 3rd June—I used to stop him going up the road at night; he rode up on a 'bus with a paper in front of him so that I could not see him.
Cross-examined by MR. GILL. He held the paper at the side of his head—he suggested that I should employ him as accountant to go through my books, but I would have nothing to do with him—I only knew he was an accountant by what he told me.
Re-examined. He suggested that he should collect my debts, I declined the suggestion.
ROBERT STEPHENSON . I am a butcher of the Market Parade, Brockley Road—on Saturday, 23rd May, Moreton bought a fore-quarter of lamb at my shop; it came to 8s. 9d.—he gave me this cheque for 1l. 1s. (Dated May 23rd and crossed, pay self or bearer.) He brought it all ready written—I gave him the balance, it was dated the 21st when he brought it—I objected to that, and he redated it 23rd—on the 26th I paid it away to Mr. Jacobs, of Covent Garden—on the 27th he returned it marked "No effects"—on that day I went to the prisoner's house and saw Mrs. Moreton, and next
morning I received this postcard from him. (This expressed sorrow for the delay which had been caused by an accident which he would explain and put allright to-morrow.) On 31st he called and promised to settle next day, 1st June—I received these other letters, one dated May 20th and the other June 2nd. (The first one expressed sorrow that he had not been able to call as promised, but that he would call and explain. The second regretted that he had not bten in when witness called and the trouble he had caused and hoped to send the money in the course of the day, as he had an appointment to receive some at 1 o'clock.) I did not see him again till he was iu custody, a fortnight afterwards—I never got my money or my lamb back.
Cross-examined by MR. AVORY. I think Moreton is my only doubtful customer—I called and saw his wife and received a postcard—I saw him several times after that—I don't know if ha is still living in that house he was not to be seen—I called from 7.30 to 9 o'clock p.m. expecting he would be at home, I saw his wife on those occasions.
GEORGE PLUNKETT . I live at 34, Tasker Street, East Greenwich, and am under-bailiff to the Greenwich County Court—in May I had some proceedings in my hands against Moreton—on 10th May his wife called on me and gave me a crossed cheque for 1l. (This was on the Royal Exchange Bank, pay Plunket or bearer 1l. signed Moreton and Co, dated 19th May.) It would not be payable for nine days—I paid 17s. 9d. into Court to Moreton's credit on the following morning, the 11th—on 19th May I received this postcard and five more on subsequent dates. (Requesting him to hold the cheque over for a day or so.) On 7th June I paid the cheque away to Mr. Burnie; it was returned marked "no effects"—on 8th June I went to Moreton's house, but could not see him, and did not see him again till he was in the dock; I saw his wife.
Cross-examined by MR. AVORY. The amount owing by him was 17s. 9d.—she made me a present of the 2s. 3d.—I saw at the time that the cheque to me for advancing the money at once—I received this post-card on the 19th th first thing.
Re-examined. I have never got the 17s. 9d.
ROBERT LEIDIG . I am a confectioner, of 5, Broadway, Deptford, and have a shop at New Cross Road—Brereton came to my shop on 19th May with this cheque, dated 18th May, for five guineas—he owed me 2l. 7s., and said he would pay a sovereign off his account—I said "Is the cheque all right?"—he said "Yes, it is all right, it is one of my customers"—it was all ready filled up and endorsed as it is now—I directed my assistant, Mr. Penamn, to give him change—on 21st May I paid the cheque into my bank, it came back marked "No effects"—I sent my son to Brereton, and afterwards wrote to him—I received this letter. (This said that he was very much annoyed, and that he was going to see Moreton about it, and would call.) He didn't come in the wiht my monet—I believed the cheque was a genuine one when I parted with my money—I put the matter into the hands of my solicitor—I have never been paid—I know nothing about Moreton.
Cross-examined by MR. GILL. I believe Brereton has dealt with me for six or serven years, and is still doing so—I believe he lives opposite my shop—I know him as a dentist, he has performed on my mouth—I think I have changed cheques for him before—I have known him as a respectable
neighbour—he told me Moreton was a customer of his when I asked him if the cheque was all right.
JOHN SCOTT . I keep the Marquis of Granby, 322, New Cross Road—on 26th May Brereton came to me with this cheque for three guineas, dated May 26th. (This was for 3l. 3s., crossed payable to T.A. Brereton or bearer, signed Moreton, and endorsed Brereton.) I could not say if it was endorsed when he brought it, it was tilled up—he said "Will you cash it for me?"—I said "I don't mind," and gave him the 3l. 3s., believing the cheque was genuine—on the 29th he came again in the evening, after banking hours, and said "Have you paid the cheque for three guineas into the bank?"—I said "No, I have not"—he said I have another one in my pocket for 10l., would you mind giving me the difference, and I will take the three guinea one back?"—I said "Do you know this Mr. Moreton?" he said "Yes, he is a customer of mine"—he endorsed this cheque in my presence, and I gave him 7l. 7s. and the three guinea cheque—I paid it into my bankers on Saturday, the 30th—between 6 and 7 o'clock on that day the prisoner called and asked if I had parted with it; I said I had; he said "I am afraid there won't be sufficient to meet it"—I said "What do you bring your rotten cheques to me for?"—he said "I will see Mr. Moreton about the cheque," and he said he had heard that there were other cheques in front of it that he had paid away, and there was not sufficient to take mine up he thought; he said he would come on Monday—I went to his house on Monday, the cheque having come back in the afternoon—he said he would have to see Mr. Moreton about it—I asked if he could not give me the money—I never got my Money.
Cross-examined by MR. GILL. He told me he had seen Moreton, and heard there were other cheques in front of this—he called again on Monday morning before the cheque had come back—I have been in New Cross about five years, and have known him as coming in and out of my house occasionally—I have changed cheques for him two or three times before this—there was nothing wrong about them, that is how they get into your confidence—I had not changed a cheque for more than 10l. for him. By the JURY. The former cheques were not all Moreton's.
WILLIAM HENRY BURNIE . I live at the Centurion public-house, Deptford—on 29th May Brereton came to me and asked me if I would change this cheque for three guineas. (This was the same three-guinea cheque spoken to by Scott.) I told him I did not know Moreton, but that he could have one pound on account—I gave him one pound on account, and after doing so he asked me to hold the cheque over, and he would bring the sovereign and take the cheque away—he did not call on me and pay the sovereign—I paid the cheque in on June 1st—it came back on the 3rd marked "No effects"—I believed the cheque was good when I parted with my sovereign—I have never got my sovereign
Cross-examined by MR. GILL. I have known Brereton as a respectable tradesman.
PHILIP CRAWSHAW . I am a draper, of 92, High Street, Deptford—Brereton, whom I knew, came to me on May 30th with a cheque for 2l. 2s. drawn on the Royal Exchange Bank in the name of Moreton and Co.—he asked me, alter I had cashed it and handed him the 2l. 2s., to keep the cheque for a few days, as he was afraid there was nothing to meet it—after that he called on me and asked me still to keep it oyer—
I kept it till 21st June, and then paid it into my bankers, the London and County Bank, who returned it the following day marked "No effects"—on the 22nd Mrs. Bills called on me—I had some conversation with her, and then gave the cheque to Miss Baker, an assistant of mine—I afterwards received 2l. 2s. from Miss Baker.
Cross-examined by MR. GILL. A lady called and paid the money for the cheque—I have lived there 25 years, and have known Brereton for six years as a respectable tradesman.
WILLIAM HALL . I am manager to the Royal Exchange Bank, Cannon Street—Sir Robert Walter Carden is chairman—Moreton was a customer of ours—he opened an account on 16th January, cash 70l.—it was overdrawn on the 1st of April 2s. 7d.—on 28th February 15l. had been paid in—after 1st April no money was paid in except 2l. on 14th April hypothecated to meet a special cheque—I said to him then that I would take this particular 2l. on condition that he would pay the 2s. 7d.—he did not pay it—I said we had had to return various cheques for want of funds, and we should not continue the account—I had written him previously to that effect—no more money was paid in after that—different cheques were presented after that, and having no effects were returned dishonoured by my orders.
Cross-examined by MR. AVORY. On the day I accepted the 2l. I told him I would not continue the account—the 2s. 7d. overdrawn was 1d. overdrawn and 2s. 6d. for a cheque-book—the 2s. 6d. was debited on the 1st of April, so that he would have had it some time in March, as they are always debited once a month—the account was opened with 70l.—140l. was paid in the next day, another 70l. on 19th January, 112l. 10s. on 23rd January, 1l. 1s. on 12th February, 45l. on 19th February, 75l. on 23rd February, 15l. on 28th February, 3l. on March 21st, altogether 528l. 11s. in January and February—it was chiefly drawn out in small amounts, and on 19th March his account was overdrawn 1d.—I could not say without my book that he did not have the new cheque-book after that, I don't think it likely—I wrote to him in February—I said before the Magistrate "No written notice was given to Moreton that the account was closed"—the account never was actually closed—we wanted our 2s. 7d., and when the cheques came, to us we marked them "No effects."
JAMES SNIDER (Detective P). On 3rd June I met Moreton in Brockley Road—I said "Is your name George Edward Moreton?"—he said "No"—I said "What is your name?"—he said "Charles Moreton"—I said "I believe you to be George Edward Moreton, and I have a warrant for your apprehension"—he said "Who are you?"—an inspector was with me in plain clothes—I said "We are police officers, and if you deny your identity I shall take steps to prove who you are"—he said "I did not know who you where when you spoke; I am George Edward Moreton"—I read the warrant to him, and he said "I did not think they would grant a warrant for a thing like that"—I took him to the station; before entering he said "Make it as light as you can for me and I will make it all right with you both"—I searched him and found 2s. 6d. and 2 1/2 d. in coppers, and this cheque book—I replaced the cheques, one of which I found on him, in the cheque book—there are counterfoils of twenty-three cheques drawn since 21st March, four of which are Brereton's—on 5th June I called on Brereton and said
"I have a man in custody by the name of George Edward Moreton, and in his possession I found a cheque book with several counterfoils with your name appearing; what did you do with the cheque that you received on 18th May for 5l. 5s.?"—he said "Mr. Liedig cashed that for me (I put it down in my pocket-book at the time)—it was afterwards returned marked 'No effects;' I received another on May 26th for 3l. 3s. not knowing the other was dishonoured; Mr. Scott cashed the 3l. 3s. cheque—on the 28th I saw Moreton again and received another cheque for 10l. 10s. I withdrew the 3l. 3s. and received 7l. 7s. change, not then knowing that any of the cheques had been dishonoured"—at that time I had the cheque book and pointed out the counterfoils, and when I came to the counterfoil for two guineas on the 30th, he said "I did not receive any cheque on May 30th, all I received was on account for work done and ordered on 13th May to the amount of 18l. 18s.—the first information I had of the cheques being dishonoured was on May 30th"—I read this over to him—he said it was quite correct—he said he had been making a set of teeth for Moreton, which he could produce.
Cross-examined. I was in plain clothes and did not say who I was when I first spoke to Moreton—I did not say what right I had to ask his name—we were actually on the point of entering the station when he asked me to make it as light for him as I could—I told him he would be detained in custody.
Cross-examined by MR. GILL. I saw Brereton in his front room; I do not know if it was his surgery—I have made inquiries about him, and ascertained that he has been in business about eight years—when I spoke of Moreton he brought me a little-black book with marks of black lead on it—I did not take it in my hands—he said, "Here is the record of transactions with Mr. Moreton"—he pointed some entry out; I did not take any notice of it—I took his statement to be true.
HENRY MOORE . About 2.30 on 18th June I met Brereton in New Cross Road and said, "I have a summons for you to Greenwich Police-court to-morrow morning"—I read it to him—he replied, "Oh, Mr. Scott has cashed several cheques for me"—Mr. Scott was mentioned in the summons—I said, "Where is the 3rd June cheque?"—he said, "I tore it up," making a motion with his hands; "Do you think I am to dip into every man's banking account? I never saw the man before in my life, and what I received from him was for work done, which I can produce."
Witnesses for Moreton.
JAMES PARKE . I am a solicitor's clerk, of 46, Lincoln's Inn Fields, and am Moreton's brother-in-law; he married my sister—I am the administrator of my brother's estate—through his wife Moreton is entitled to a share in the residue of the estate—within the last three months I informed him his share would be about 50l.; it is a residuary amount—I have known him 15 years—he was secretary to the London Road Car Company up to the time they went into liquidation—he has carried on business as an accountant daring all the time I have known him, and as far as I know has always borne the character of a respectable and honest man.
Cross-examined. The estate is sworn under 1,317l.—I should say Moreton's share would be quite 20l. within a month from now.
Re-examined. One or two large bad debts have been discovered since I spoke to him—my share is the same, and 30l. has been advanced to me on mine.
ARTHUR SIDNEY MORETON . I am a cement merchant, of 9, Rood Lane, City, and the prisoner Moreton's brother—he has been an accountant—in January and February this year he was doing a good business, and in receipt of moneys for it.
The prisoners received excellent characters.
MORETON— GUILTY of obtaining money by false pretences and conspiracy. — Four Months' Hard Labour. BRERETON— GUILTY of conspiracy.—Recommended to mercy by the Jury. — To come up for judgment if called on.
MR. POLAND Prosecuted.
JOHN BOUSTEAD (Policeman P 434). About 7.30 p.m. on 2nd July I received information, in consequence of which I went along the bank of the Brighton and South Coast Railway at Brockley—in a field adjoining I saw about 250 persons standing round in a ring, and in the centre I saw Parker and another man having a stand-up fight—they were stripped to the waist, with no gloves on, pummelling each other—I climbed over the fence—when I got to within 60 yards Bailey was fanning Parker with a shirt—when I got near to them there was a cry of "Police," the fight stopped, and they all ran away—I apprehended Parker, who ran away, about three-quarters of a mile off—he had hid coat on, but nothing underneath; his hat was on—he had a cut over his right eye, it was bleeding, and a number of bruises about his body—I saw Bailey caught by another constable, he was carrying two shirts and a waistcoat—the other man escaped, we have not been able to catch him—the fight might have been going on a couple of minutes.
Cross-examined by Parker. I saw you fighting at 300 yards distance—I never saw a man fanned with a shirt before.
Cross-examined by Bailey. I could see you distinctly—the 250 were of the ordinary size—I could see you as I got over the fence, and when in the field I could see you distinctly.
WILLIAM ROFY (Policeman 538). I was with Boustead, and saw Parker fighting with the other man, stripped to the waist—Bailey was fanning him with a shirt—they went across the field—I went after them and caught Bailey after about three-quarters of a mile—I took him in custody, he was carrying a shirt, under-shirt and waistcoat—at the station they were given up to Parker, as they were his—I told Bailey I should take him in custody—he said he was only having a look on.
Cross-examined by Parker. The fight was not far from Brockley Jack, a public-house and place of amusement where holiday people go—there are sometimes 200 or 300 people outside.
Cross-examined by Bailey. I came up hill to you, but when you were fanning Parker the people opened out.
Parker in his defence stated that he went to have a glass of ale at Brockley Jack, when he got in a row with a man who struck him, that they went into the field to fight, and after two or three minutes the police came; and that he had taken his shirt off, as the other man had caught hold of it and torn the buttons off.
Bailey in his defence stated that he saw the crowd and followed them into the field, and took no part in the matter, but when every one ran he picked up the man's clothes.
Witness for Bailey.
WIILLIAM MORTIMER . I was with you on this evening—we went to the Brockley Jack together after work—we saw Parker and another having a dispute over their beer, and we followed them, as everybody else did, I think between 200 and 300 people—I saw you interfere in no way in the least—when the cry of "Police" was raised you rushed to Parker's clothes and picked them up.
Cross-examined. I know Parker of Deptford—I did not know the fight was coming off—I did not see this newspaper: "In reply to the challenge of Jack Parker of Deptford, Alfrea Bruiser, now out of employment, will box him for 10l. or 20l. a side at any place he likes to name"—I did not know of any regular fight being arranged—I don't know the other man—both men were stripped; regular rounds were fought, each man trying to knock the other out of time, but nobody was picking them up—there were no acknowledged seconds.
MR. SCALES Prosecuted.
HENRY PERCY HILL . I am a baker, of 6, Evelina Road, Peckham—I have charge of the St. Catherine's Park Lawn Tennis Ground—I cater, and supply an assistant, who looks after the ground—on 24th June I locked up the place securely at 8.30—early next morning my assistant told me something, in consequence of which I went and found the place had been broken open—there had been a bar, with a strong padlock to fasten it; the padlock was broken—I had a clock there, and some spoons, mineral waters, biscuits, and cakes—I have not seen them since—there were some clothes there not my property.
EDGAR COOK . I am the last witness's assistant—I went to the pavilion on this Thursday morning—I found it had been broken open and the door shut, and the bar pulled across again—the cupboard behind the counter had been forced.
GEORGE JOHN NORTH . I live at 21, Culmore Road, Peckham, and am a clerk in an insurance office—I am secretary to the St. Catherine's Park Lawn Tennis Club—I produce this jacket in club colours, worth 1l. 1s., which I left with other articles and cricket things in the pavilion on the night of the 24th, in a bag locked and strapped at each end—when I saw it again the bag was still locked, but the ends had been forced open and the things taken.
CHARLES MILLER (Detective Officer Y). I received information about the robbery after the prisoner had been a week in custody—on the 25th I was with other constables and saw three men come out of a public-house, each of them with a small bundle under his arm—I stopped and asked them what they had got—they said "What do you want to know for?"—I said we were police officers, and must take them to the station
—we searched them and found this jacket, a pair of boots, and other articles—they said they bought them in Petticoat Lane on the Sunday fortnight previous—we found property stolen from a cricket pavilion at Brockley.
Dunk and Colman stated in their defence that they had been led into it by Warran, who said he had bought them at a sale, and asked them to pawn them.
Before the Master of the Rolls.
MESSRS. POLAND and MEAD Prosecuted; MR. MONTAGU WILLIAMS Defended.
NOT GUILTY .
There was another indictment for an indecent assault upon the same person, upon which no evidence was offered.
NOT GUILTY .
Before Mr. Recorder.
792. BENJAMIN WOODWARD PLEADED GUILTY to unlawfully making false entries in a certain market-book, with intent to defraud. To enter into 50l. recognisance to come up for judgment when called upon. AND
793. WILLIAM THREADGOLD (27) to stealing a purse and 18s. from the person of Adeline Brown, having been before convicted at Middlesex Sessions, in March 1883.— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
Mr Fooks prosecuted
GUILTY 12 Months' Hard Labour
Before Mr. Common Serjeant.
MR HUTTON prosecuted; MR PURCELL appeared for Lester, and MR MOYZES for Parker.
FRANK JOHN BISHOP. I live at 11, St Georges Villas, Catford— on 29th June, about 7 p.m., I returned home and found my front door forced and the two upper rooms in a state of great confusion, all the drawers turned out, and a box and a jewel-case broken— I missed a gold watch and, a locket, chain rings, and other articles.
Cross-examined by MR. PURCELL. I found no jewellery on either of them.
RALPH WILLIAM RILEY . I am a porter, of 21, Creland Grove, Catford—on 29th June I saw the prisoners coming over a fence from Mr. Edwards's fields at Perry Hill, in a direction from St. George's Villas—Mr. Edwards came out and called them back, and I opened the gate and let them out—I am sure they are the men.
Cross-examined by MR. PURCELL. People often use the field as a short cut, and Mr. Edwards does not like it—I sometimes tell them that it is no thoroughfare—the two men were quite strangers to me; one was dressed in a lightish suit, and when I was called to look at a number of men two of them had light suits on—Lester was not one of them; he is dressed now as he was when I picked him out at the station from four others—I was asked to pick out two of them—I did not take notice of the other two, I was so certain directly I saw a light coat.
Cross-examined by MR. MOYZES. I cannot tell which house they came out of—Parker was dressed as he is now—the other two were short men in light suits, nothing like the prisoner.
Re-examined. I identified them at once at the station, and am sure they are the men.
CHARLES ROBINSON (Detective Officer P).On 7th Jul, about 5 p.m., I saw the prisoners in East Dulwich Vale, and on account of their suspicious movements followed them down Wild Ash Lane to Dog Kennel Hill, and from there to the Glebe, where I searched them — I was alone— I found nothing on them— I said "I want your addresses"— Parker said "What are you?"—I said "I am a police officer"—Leicester gave his name as James Anderson, 14, Wootton Street, Cornwall Road, Lambeth, and Parker said that he was a jeweller, at 64, Stanford Street, Black-friars. (They are not known at those addresses.) I followed them about 200 yards down Camberwell Road, called on William Christmas, who I met to assist me, and seized the prisoners and took them to the station—I then went back to the Glebe, and found this jemmy (produced) in a ditch—I showed it to the inspector, and Lester said "Your informant put that there, or you did it yourself" and Parker made a similar remark—they were charged with loitering, having housebreaking implements in their possession. FREDERICK AYMER. I live at 5, Aymer's Cottages, Priory Hill, Catford, and am a builder—on 29th June I was at 1 and 2, St. George's Villas, and saw the two prisoners sitting on a stile or three-railed fence between 30 and 40 yards from the prosecutor's house—I went up to my first yard, and then to my second yard—I looked round, and saw the two men cross the road towards Mr. Bishop's house and go in at the gateway, or it may have been next door, because there is only one gateway with a rail between the two houses—I then went into my place of business, and when I came out at 5.30 I saw some people gathered outside Mr. Bishop's gate—I went there and tried to get in—the place had been broken into—I tried to get in at the front door, but could not, and jumped over the side fence—I saw the back door open; I waited some time before I went in; Mrs. Bishop then came round, and I went in with her and several others—I identified the two prisoners at the police-station—I first picked out Parker, and then I said another man resembled him, but when I saw him I had not the slightest doubt about him—I identified Lester.
Cross-examined. I only saw the two men on the 29th for a few seconds, they were absolute strangers, I had never seen them before, I was taken to Lambeth Police-court to identify them on the same day—I was shown eight or nine men in the passage, and I went up to Mr. Stacey and said "You resemble him, but you have got much thinner," I did not say
"You are the other"—I heard Stacey called at the police-court—I then heard somebody say "They are not all here," and then Lester came out, and directly I saw him I said "That is the one"—I will not swear Lester was not brought out by himself—he was not in the row the first time I went down the passage, and when I went down again I picked him out—a detective did not say "That is him"—I did not hear Stacey swear it—I said to Stacey "You resemble him."
Cross-examined by MR. MOYZES. I heard somebody say "Wait a minute, they are not all out," and I then went down the passage again and saw the other man there—I very often see strangers about that neighbourhood.
HENRY MOORE (Police Inspector). I was at the police-court when the prisoners were identified—I went up the cell-passage, and at that moment Aymer was up in front of me approaching the row of men who he was to identify—he immediately picked out Parker, and then went to the other end of the row and touched another man—after some hesitation he turned round to me and said "That somewhat resembles the man, but if it is he, he is very much thinner," and passed by me down the passage—I then called the jailer's attention to one of the prisoners not being present—the prisoner might have heard what was said, he was in the cell—Lester was then brought out, and I told him he might place himself in the row where he liked—Aymer could not see what took place, but I cannot say he did not hear—he was then called back, and immediately identified him.
Cross-examined. There were six or seven men in the row first—Riley had identified them on a former occasion—Stacey was called by the defendant's solicitor at the police-court—I said at the police-court "He very much resembles the man, but if it is he, he is somewhat thinner"—I believe it was "very much," not "somewhat"—I will swear Aymer did not see Lester brought out—there was myself and the jailer in the passage, and another officer farther down—I don't know if a gentleman named Windsor was there; I did not see him—Detective Robinson was part of the way down the passage—I did not hear a voice say when Aymer picked out Lester, 'That is him"—Stacey made some allegation at the police-court which was the cause of my being put in the box—Stacey was bound over.
Cross-examined by MR. MOYZES. When Lester was brought out I did not nod my head towards him to indicate him—I heard Stacey say that I did, and then that I did not.
PATRICK MCCARTHY (Police Inspector). On 29th June I went to 11, St. George's Villas, about 7 p.m.—I found the door broken open—there was an indentation on the door step, that is a piece of wood which the door strikes when it is being shut—there was also an indentation on the door; the lock was broken by the bolt being bent—I went there again on the 16th, about 11.30 a.m., and I compared this jemmy with the indentation on the door step, and it fitted exactly.
Parker received a good character.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. SCALES Prosecuted.
GUILTY .— Eighteen Months' Hard Labour.
ADJOURNED TO MONDAY, SEPTEMBER 14th, 1885.