CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 16TH, 1885.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
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ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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SESSIONS I. TO VI.
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OYER AND TERMINER AND GAOL DELIVERY
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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, November 16th, 1885, and following days.
BEFORE THE RIGHT HON. JOHN STAPLES, LORD MAYOR of the City of London; the Hon. ARCHIBALD LEVIN SMITH , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir THOMAS GABRIEL , Bart., and DAVID HENRY STONE , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the said City; POLYDORE DE KEYSER , Esq., HERBERT JAMESON WATERLOW , Esq., EDWARD JAMES GRAY , Esq., and WILLIAM KNILL , 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.
CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. FIRST SESSION.
A star (*) denotes that prisoner 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 association of bad characters—the figures after the name in the indictment dentote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 16th, 1885.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. F. FULTON Defended.
FREDERICK BRAYZIEL . I am an oilman, of 306, Old Kent Road—on 7th May I had goods from Messrs. Godey and Co. amounting to 2l. 16s. 3d., and on the 11th other goods amounting to 3l. 4s. 7d., making together 6l. 0s. 10d.—I paid the prisoner that amount, and he signed both receipts.
CHARLES ALBERT HENSHALL . I trade as Godey, Henshall, and Co., 52, St. Mary Axe—I engaged the prisoner as a traveller verbally—there was no written agreement—I first paid him 1l. a week salary—at the end of May 1884, I increased it to 25s.—that was paid every week—he was no written agreement—I first paid him 1l. a week salary—at the and 1/8 percent. for collection, that would be half-a-crown per 100l.—he drew on the commission account—the salary account was paid separately—on the commission account he drew altogether 49l. 6s. 6d.—he was only entitled to 35l.—he has never accounted for the four sums mentioned—he left in the beginning of June because his services were very unsatisfactory—he got very few orders—I told him we could not keep him any longer—I asked him how it was these accounts were not coming
in, there was about 150l. outstanding, and I said we should send statements to the customers, whereupon he seemed rather frightened—we did send out statements on the Saturday, and on the Monday several customers came and said they had paid the accounts; the three accounts in question were included—we then telegraphed to the prisoner, and he came to the office—he said "I know what you are going to tell me"—I said "That will save me the trouble of telling you; of course, we are bound by the Guarantee Society to prosecute you unless you can pay the money, there is no help for it"—I mentioned Brayziel's case—he did not say he had not had it—we mentioned several names, and told him it amounted to about 140l.—he did not deny it—he said "If you had kept me on another two or three months I could have paid it all off, and I thought of doing so"—he came several times after that, but no salary was paid him afterwards—I produce a number of letters of the prisoner which I received—I sont him a letter on 27th May, 1884, which is copied in my letter book (This complained that the prosecutors were kept waiting for the prisoner every night, and were kept in the dark as to what was going on in their business, and requested him to call four nights a week, and send a line when lie did not call.) I also wrote to him on December 5th, 1884 (Stating that he had not yet called, and that they should require a full explanation)—he came and explained verbally—I supplied him with a book made up of two parts, to enable him to keep a copy of his letters to us—many of his letters are written on the leaves of our book.
Cross-examined, In June I had a conversation with him with regard to these outstanding amounts—as far as my memory serves me an account of matters between us was furnished at the beginning of August or it might have been July—I instituted proceedings in September—the examination before the Magistrate was 17th September—I was obliged to institute the prosecution to recover money from the Guarantee Society, that does not depend on a conviction but on prosecution—I wrote this to the prisoner on the 17th August this year—this is the prisoner's reply on 19th August—the 20s. was paid as salary, I adhere to that—these words in blue pencil on this document are in my partner's handwriting, the alteration from 30l. to 20l. is his writing, I don't think I ever saw it before, I knew nothing about it—the document is signed by the prisoner—I believe I gave him a memorandum to the effect that the increase of salary from 20s. to 25s. a week was remuneration for expenses; it was understood as salary. (This memorandum was put in. It was from the prosecutors to the prisoner, dated April 26, 1884, and said, "We agree in case you do satisfactory business for us to increase your remuneration for expenses to at least 25s. per week, from 1st June, 1884." Another document from the prosecutors, dated April, 1884, was put in and read, agreeing to allow 20s. a week and 1 per cent, commission on the sale of butterine, and 2 1/2 per cent, on matches; this agreement to remain in force for twelve months certain)—I think these alterations were made by my partner—this stamped agreement in August was subsequent to his dismissal. (This was from the prosecutors in reply the prisoner's of the 17th August, and stated that with the exception of the 1 per cent, thy were agreeable to the terms he named)—the prisoner drew on account every week for commission and salary—he was to account for moneys received every Saturday and pay them over—that was a verbal arrangement and was acted upon—the accounts were rendered every Saturday in writing—the last I think is 13th June—he began to collect
on August 12, 1884—I have got the weekly returns between those dates except for Christmas week—the payments to him every week are entered in the petty cash book, the commission based on accounts—he very largely increased our business in butterine and matches, he was a very good traveller in the beginning—we hardly did any town trade at all before we took him, and we sometimes had difficulty in executing his orders, and he drew attention to complaints from his customers that their orders had not been executed, one or two orders were withdrawn in consequence—I charged him in June with the embezzlement of about 140l.—I entered into an agreement with him in August, which he subsequently stamped (The letter from the prisoner on 11th August offering to sell matches and butterine on certain terms, and the prosecutors' reply on the 19th staling that subject to two alterations in commission for two brands of matches they accepted his conditions, were read)—I filled up the form required by the Society, I never heard that unless the prisoner was formally described as a clerk the Society would not enter, into the policy—I do not know Guarantee Societies decline to enter into cases were parties are commission agents—it is the first case of a Guarantee Society I have known—I have seen on the printed form that the person must be a servant and and I knew he must be a servant for the purpose of this policy—we are prosecuting the prisoner—I did not wish to do so if he could have paid us—I had no vindictive feeling and wrote to him, and At last he took no notice, and I told him unless he paid us I should institute proceedings—if the account had been settled up there would have been no prosecution—there has been no settlement between us since June up to this time—nothing was done under the agreement of August, he never sold under it—I was quite willing that he should effect sales for our matches on the terms of my letter of 19th August, if customers had paid us cash at once; we should have taken his commission on account of the money due to us which he had embezzled—I kept the matches and butterine accounts in two separate small books which I have sent for, I only got notice to produce them this morning—our principal trade is export, and for these matches and butterine we only keep small books—they are balanced every week—we balance our accounts half-yearly—I think that would appear from the books—I was not asked about them at the police-court, I will produce them—the prisoner's turnover was about 2,100l. per year for butterine and matches in town—he went to Wimbledon several times, when we paid for his trap specially—I swear he did not tell me in June he had got into confusion with his account—he simply gave me his account and we gave him our account, he never denied having taken the money—the prisoner did not repeatedly ask me to furnish him with accounts of sales effected by him in order that he might calculate his commission, he said he knew he had overdrawn—we entered into a fresh agreement in August after finding out the state of affairs in June.
Re-examined, What is called a fresh agreement wad the prisoner's proposal to work off the deficit; we said we would give less commission—when we were at variance about the amount of commission he never sent in any orders, but stamped our letter—we sent him a copy of the letter of 20th June—he has crossed out "salary" and put "travelling expenses"—at that time we knew that he had received 140l. of which he had given us no account, and it was kept out of the accounts—the sum embezzled was in March, 1885, and he collected down to June—I have all the
weekly accounts he sent in during that period—on none of them does he disclose having got the customers' money—under the new proposal he was to have 1 per cent. for butterine and 2 1/2 for matches, and 1/8 for collecting—I wrote originally in this letter of" the 26th April that his salary would be increased to 25s., and the prisoner re-wrote on the top, "Remuneration for expenses"—I was not aware of anything different at the time—I did not know of his using any part of his time for any other employer than myself—once I told him he was doing very little for us, and asked him if he was doing anything else, and he denied it—I only know the legal difference between agent and servant by this case.
By MR. FULTON. The prisoner had his ordinary round of customers, and if he wanted to call on any one specially he would call on them.
One witness spoke to the prisoner's good character.
GUILTY .— Six Months' Hard Labour.
NOT GUILTY .
MR. LLOYD Prosecuted.
ALICE BERG . I am the wife of Valentine Berg, a confectioner of Arlington Street—on 11th October, between 6 and 7 p.m., the prisoner came in for a pennyworth of cough lozenges and offered a shilling in payment—I gave her 11d. change—I examined the shilling a few minutes afterwards and found it was bad, I broke it and threw the pieces away—on the 26th she came again—I recognised her immediately—she asked for the Clerkenwell News, I had not one—she then asked for a halfpenny paper called The Week, and gave me a shilling—I broke it in her presence—she attempted to leave the shop, I took hold of her arm, she struggled very hard—I said "You have given me a bad shilling, and as this is the second you have given me I shall send for the police"—she said "Give me the shilling and let me go"—she at last got out of my hands and went out, a man who was passing stopped her and brought her back, I gave the pieces of the shilling to the policeman.
Prisoner, I was never in the shop before.
Witness, I am certain she is the woman.
GUILTY .— Six Months' Hard Labour.
MR. LLOYD Prosecuted.
JOSEPH TIMBERLAKE . I am a 'bus conductor—on 3rd October the prisoner got into my 'bus in Regent Street for Oxford Circus, the fare was a penny—he gave me a florin—I asked if he had any smaller change—he said no—I broke it with my teeth, I told him it was bad—a constable was close at hand, I gave him the florin—I asked the prisoner where he got it, he said a gentleman gave it him for carrying a parcel—the constable asked me to charge him, but I could not leave my'bus.
JAMES BALLS . I am an ironmonger at Paddington—on 28th October, between 12 and 1 in the afternoon, the prisoner came for a 4d. pocket knife and gave me a half-crown in payment—I suspected it and sent my boy Cox with it to the post-office, he brought it back broken in two pieces—I told the prisoner it was bad, and asked where he got it—he said he took it the street selling Echos and gave 2s. 5 1/2 d. change.
GUILTY .— Two Months' Hard Labour.
MR. LLOYD Prosecuted.
WILLIAM SHELTON . I am a pocketbook maker, of Victoria Buildings, Farringdon Road—on 9th November, about half-past 12 midnight, the prisoner came with friend named Anderson to the Patriotic Club, Clerkenwell, where I was doorkeeper; he asked for a pot of ale and a quarten of gin, it came to 10d.—I could not swear whether he or Anderson gave me a florin—I handed it to the steward Jones, and the change, 1s. 2d., was given either to the prisoner or Anderson; they were standing at the bar, drinking together—I asked the prisoner his name, he said P. Smith—he was not a member nor was Anderson—about 20 minutes afterwards more liquor was called for and the prisoner tendered another florin—I took that to Jones and he discovered it was bad.
Cross-examined by the Prisoner, I am positive you gave the second coin; a young man named Garrett was with you, but he stood in the doorway, he did not join in the drinking; he and Anderson were taken to the station and wore discharged.
ALFRED JONES . I am steward of this dub—about 12 o'clock on the night ot 9th November Shelton brought me a bad florin, being rather busy I did not notice that it was bad and put it in the till; there were no other florins there—about a quarter of an hour afterwards Shelton brought me another florin, which I immediately discovered to be bad; I broke it, and then looked in the till and found the other was bad—I then went with Shelton to the prisoner—he said, "I gave him the money but I did not know it was bad.
JOSEPH ANDERSON . I am a bookbinder—I and the prisoner live in the same house, on different floors—on 9th November he took me to the Patriotic Club, and asked me to have some drink, which he paid for with a florin, and Shelton gave him the change—Garrett was there—a second lot of gin and ale was had—I did not see what was given for that.
ERNEST ALLCOCK (Policeman G 211). I was called to this club, the prisoner was there—Shelton said, "I have had two bad florins passed within a quarter of an hour; I cannot tell who passed the first, but the prisoner passed the second"—Anderson and Garrett were drinking in company with the prisoner—I asked the prisoner if he had passed any—he said, "No, we are innocent men, and have not passed any bad money"
—on the way to the station he said "It can't be helped, I must put up with it"—when he was charged at the station he said "Very well"—I searched him, and found on him 5s. in silver and 8 1/2 d. in bronze, all good—I produce the coins which I received from Shelton.
GUILTY .— Nine Months' Hard Labour.
NEW COURT.—Monday, November 16th, 1885.
Before Mr. Common Serjeant.
8. EDWIN CHARLES MORRIS (40) to stealing while employed in the Post Office a letter containing 7 orders for the payment of money, and the halves of two 5l. notes, and five penny stamps; also a letter, containing eight post-office orders, the property of Her Majesty's Postmaster-General. MR. COWIE, for the prosecution, stated that 69 post-office orders were shown to the prisoner, all which he admitted were signed by him.— Five Years' Penal Servitude, [Pleaded guilty: See original trial image.]
10. WILLIAM GILES HELLYER (21) to stealing a 5l. note out of a post-packet, the property of Her Majesty's Postmaster-General. He received an excellent character.— Three Months' Hard Labour. [Pleaded guilty: See original trial image.]
MESSRS. LLOYD and WILKINSON Prosecuted.
ADA ALDHOUSE . I am barmaid at the Swan, Covent Garden—on October 8th, about 7.40 p.m., the prisoners came in, and Gray asked for half a quartern of gin and noyeau, price 2 1/2 d.—he gave me a bad half-crown—I said "Are you aware what you have given me?"—he said "Yes, a half-crown"—I said "Are you aware it is bad?"—he said "No"—I said "Where did you get it from?"—he said "A man gave it to me for carrying a portmanteau"—I gave them in custody, with the coin—this is it—they were never out of my sight—they drank and spoke together—Mr. Hillier was present—they remained till the constable came—he is not here.
PHILIP KEANAN (Policeman E 286). On October 8th, about 7.45 p.m., Mr. Milliard gave Gray into my custody at the Swan, for attempting to pass a bad half-crown—a young man was with him who I do not recognise—going to the station he said "I did not know it was bad; I had plenty of time to get away before you arrived"—a penny was found on him—he gave his name Charles White—he was remanded till October 12th, and then discharged—a good florin and fourpence were found on Preston.
New Coventry Street—on October 19th, about 10.80 p.m., the prisoners came in, and one of them asked for some cake, and paid with a florin, which I put in the till, where there were three or four other florins, and gave them the change—they came in two or three times that evening, and the last time I told them that the piece they had given before was bad—I received from them three florins altogether, and weighed the last, and found it was bad—I gave them change for each piece except the last—I returned the last piece, and one of them gave me coppers.
Cross-examined by Gray, I am certain you were in the shop two or three times—I put the first two coins in the till; there were other florins there, and the third I gave back—I picked you both out from about 10 others.
LOUIS ABRAHAM MOSS . I keep a cigar shop, 6a, New Coventry Street—on 20th October the prisoners came in, and I believe it was Sullivan who tendered a florin for two twopenny cigars—I saw my wife give him 1s. 8d. change—we afterwards found it was bad, and I went out—the prisoners had got across the road—I said "You have given me a bad florin"—Gray, I believe it was, said "I don't think it is bad," and asked for it back—I refused; I gave it to the policeman; but I got the 1s. 8d. back.
REBECCA MOSS . I am the wife of the last 'witness—on 19th October, about 12 p.m., the prisoners came in, and Preston asked for two twopenny cigars, and gave me a florin—I gave him 1s. 8d. change, and they left—I found the florin was bad, and kept it in my hand, and gave it to my husband, who followed the prisoners.
CONWAY MORGAN (Policeman C 318). I was at the corner of Leicester Square, and saw Mr. Moss speaking to the prisoners—he said he did not want to give them in custody, but I thought it my duty to take them—he gave me this bad florin (produced)—I found two good shillings and 2 1/2 d. on Gray, and fourpence on Preston—Gray said "I had the money from my master for my wages; I am a printer"—before the inspector Gray said "I am a printer," and gave his address "Soho Chambers"—Preston gave his name, Charles Morgan, 10, Dean Street—I went there; it is a hospital—after the charge was taken he gave his name as Preston.
WILLIAM JOHN WEBSTER . I am Inspector of Coins to Her Majesty's Mint—the half-crown and four florins are bad—two of the three florins found in Mr. Runge's till are from the same mould, and from the same mould as that tendered to Mrs. Moss.
GRAY in his defence denied pasting more than one coin, and stated that he did not know that was bad, and that other persons must have passed the other coins, PRESTON contended that there was great doubt in the case, of which he ought to have the benefit,
GUILTY .— Fifteen Months' Hard Labour each.
MR. WILKINSON Prosecuted.
ALICE NEWMAN . I manage the White Horse public-house, Whitcombe Street—on 24th October, between 9 and 10 p.m., the prisoner came and had some rum—he passed a half-sovereign to Cane, who pasted it to me; I placed it on the change board, there was no other half-sovereign there—a man who was with him had some ale—I gave the prisoner 9s. 5d. change and he left; in about a quarter of an hour he retu ned, asked for
a quartern of rum, and tendered a half-sovereign—I directly found it was bad, and asked him if he knew what he had given me; he did not answer, but took hold of it and said he had got it from his firm—I then remembered that I had taken one from him previously, and went to the change board and looked at the first one and found it was bad, there was no other gold there—I said "You know the other one you gave me just now was bad"—I don't think he made any answer, but left the house directly—this (produced) is the first coin he gave me—I bent it with my fingers easily, it was very light, it was like this one.
Cross-examined by the Prisoner, I don't remember seeing you in the house in the afternoon.
JOSIAH CANE . I am an attendent at baths—on 24th October, about 9.30 p.m., I was in the White Horse—the prisoner came in and called for a quartern of rum, and he asked me what I would have, I said a drop of four ale—he gave me a half-sovereign to pay for it, which I gave to Miss Newman, she put it on the side-board, and gave me 9s. 5d. change, which I handed to the prisoner.
Cross-examined, That was the first drop of ale I had of you, I did not drink with you in the afternoon—you could have reached to put the coin on the counter, there was only one man between you and me—you were not drunk.
EDWARD GASTON . I am potman at this public-house—on 24th October I saw the prisoner there, and received this half-sovereign from Miss Newman, and followed the prisoner nearly a quarter of an hour, and gave him in custody with the coin—he had had a little drink.
Cross-examined, I followed you into a fried fish-shop, they would not serve you, I do not know why—I have known you twenty-five years, you say that you are a harness maker.
HENRY MASTERS (Policeman C 165). On 24th October, about 10.20, my attention was called to the prisoner in Tower Street, Seven Dials; I asked him if he had been in Whitcombe Street, he made no answer—I told him he was accused of passing counterfeit coin at the White Horse, and I should take him in custody—he made no answer—at the station I searched him and found on him four half-crowns, six florins, one shilling, eight sixpences, and 2s. 1 1/4 d. in bronze, all good—he gave his address 21, St. Martin's Street—I went there and found it was false—I received this half-sovereign from Gaston—in consequence of a statement made by the prisoner I went to 15, Great White Lion Street, searched in the back kitchen, and found this bad shilling—the prisoner mentioned to the Magistrate that he took a bad shilling at that same house a fortnight previous, on a Sunday, and that it was on the mantelpiece in his room, and I went there and found it.
JOHN HARDING . I live at 41, Bread Street, Golden Square, and am agent for the owner of 21, Great White Lion Street—in October, the prisoner occupied the back kitchen of that house and had for the last twelve months—four years ago he resided at No. 7 in that street, which was pulled down and he moved to No. 15, opposite—he works at Mr. Isaac's, a naturalist, stuffing birds, I have not seen him at harness work.
The prisoner in his defence stated that on this Saturday morning he took some harness home which he had repaired, and received a half-sovereign, and he
went into this public-house with it and had a drink with the witness Cane, and not being able to reach the counter, he gave it him to pay with, and that he had received the shilling from Miss Newman before, and that when he told her about it she said it was very likely for a man to take bad coins from her, and that this was the only half-sovereign he had.
NOT GUILTY .
NOT GUILTY .
The COMMON SERJEANT considered that the prisoner left the Court without a stain on his character.
OLD COURT.—Tuesday, November 17th, 1885.
Before Mr. Justice Smith.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
HENRY INGRAM . I live at 3, Medland Street, Ratcliff, a lodging-house—on Thursday afternoon, 22nd October, about 2 o'clock, I saw the prisoner and his wife in the Queen's Head, Batcliff, drinking (they lodged in the same house as I did)—they were drunk—he asked his wife to take his boots to pawn—she said "I won't do anything of the kind"—he sat down on the table—we had a drink and walked outside—he hit her with the back of his hand on the right ear and she fell down in the middle of the road—she got up again—I went away and saw no more of her that day—next afternoon, in consequence of something the deputy of the lodging-house said to me, I went up into the prisoner's room and saw the woman lying on the bed, with her head half-way out of the bed, and the prisoner kneeling over her with his arms round her neck saying "Kiss me, Lizzie; kiss me, lizzie"—she never answered—I pulled him away, lifted her up, and put her further into the bed and said "She is dead, Patsy "—she died on my arm.
By the COURT. He struck her with the back of his hand; it was a cuff—she fell on the same side as she was struck.
BRIDGET HAYES . I am deputy of this lodging-house—the prisoner and deceased lived there as man and wife—I did not know they were not married—she was about 35 years of age—about a quarter to 2 o'clock on the afternoon of 22nd October I saw her with her face bleeding behind the ear—I asked her who did it—she said "Patsy"—I offered to bathe it, she would not let me—she went upstairs—I saw the prisoner about two hours afterwards—I said "Patsy, you have done a nice thing"—he said "Oh, she will soon be better"—I asked her afterwards in the prisoner's presence whether I should fetch a doctor—she would not let me, and would not go to the hospital—next day she was very ill, and died the next day—the prisoner seemed to be very sorry—I believe they lived comfortably together; they always drank together and came home in the same way.
MARY ANN WOOLFORD . I live at 3, Medland Street—on Thursday afternoon, between 3 and 4 o'clock, I saw the prisoner and his wife on the landing outside their room—she was half flitting up and half lying
down; she was bleeding from the face and ear—the prisoner was standing over her—he made two or three attempts to kick her about the legs, but none of the kicks reached her; I went down and got some water, and my friend bathed her face—the prisoner walked down and went out—they were both drunk—they had been drinking all day.
BRIDGET BUCKLEY . I live at this lodging-house—on Thursday afternoon, 22nd October, about 4 o'clock, I saw the deceased and prisoner in the passage—she was leaning against the partition, and he was quarreling with her—he gave her a kick in the lower part of the stomach, and she fell down, and after she was down he kicked her twice with the tip of his boot, then he left her there and went out—he was in liquor—I could not say as to the woman, she was in great pain—I picked her up and put her into a bed and gave her some tea, but she was not able to swallow it; she only took a mouthful—I covered her up and left her there—I saw her again at 9 o'clock; she was still in bed; she seemed in great pain—there was a little blood coming from the mouth—I got her into her own bed—afterwards the prisoner came and asked where his wife was—I told him she was in her own bed—he said "She had better not come within my reach to-night or I'll kick her face off"—on Friday morning about 5 o'clock I went into her room—she was on the floor with only her chemise on, and the prisoner was in bed asleep—I helped her into bed and took her a cup of tea, she was in such pain in her stomach, quite doubled up, that she could not sleep—she died the same day.
JOHN QUIN (Police Inspector H) On 23rd October, at 3 o'clock, I was called to 3, Medland Street—I saw the deceased lying dead in a room there—a doctor came and examined her—I told the prisoner I should have to take him into custody for causing the death of his wife—he said "My son, I am welcome to go with you"—he was drunk—he was taken to the station and charged—he said "Her name was Elizabeth Jackson, and she was not my wife; she comes from Staffordshire."
JOSEPH ROSKELLY (Police Sergeant H 6). I was called to the lodging-house on this day, and saw the woman lying dead there—I said to the prisoner "Stand back"—he did so—I said "The woman is dead"—he said "Is she? she told yesterday I had been too long about it"—he turned to the corpse, that was lying on the bed, clenched his fist, looked very savagely at her, and said "I will disfigure her, nobody shall know her"—I caught hold of him and prevented his doing anything—there was a beer-can there containing beer—he took it and drank some—I took the can away from him—he was drunk—I sent for a doctor.
Prisoner. I never said such a thing, it is false; I said "Is she dead?" and I leant over her and kissed her. Witness. I swear that he did say what I have stated; he behaved like a madman.
LOUISA FRANCIS . I live at this lodging-house—on this Thursday the prisoner was wearing elastic spring-side boots with gutta-percha soles, not the ordinary kind of boots that labouring men wear; they looked like seafaring men's boots. (The prisoner handed to the Jury a boot that he was wearing.)
MICHAEL M'COY . I am a surgeon, of Commercial Road—on Friday afternoon, 23rd October, I went to this lodging-house—I saw the woman lying on the bed on her back; she appeared to have been dead about half an hour—I found some old bruises on the face; the right ear was black; at the back there was a lacerated wound about half an inch long,
not deep; it appeared to be recent—it was more likely to have been caused by a blow of the fist than by a fall—I made a post-mortem examination—I found no bruises on other parts of the body—she died from heart disease, accelerated by drink and excitement—a kick in the stomach might happen without leaving any external mark—if she had been kicked there two or three times I should expect to find marks inside; I did not.
Prisoner. She fell down by the edge of the door and cut the baok of her ear. Witness. That might be so.
GUILTY of an aggravated assault. — Six Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. ARTHUR
METCALFE defended, at the request of the COURT.
MARGARET BARRETT . I am 11 years old, and live at 7, Amiel Terrace, Bromley—I had a sister named Bridget; she was the wife of the prisoner, and lived at 17, Amiel Terrace, at the back of our house—on Wednesday, 27th October, I was staying with my sister at No. 17—I was there when the prisoner came home from work about 6 p.m.—he had tea and then went to bed—my sister then sent me out for some fish for supper—she cooked it and took some of it up to the prisoner for his supper—all that evening the prisoner and his wife seemed on very good terms—my sister occupied a sitting-room, a bedroom where they both slept, and a kitchen—on that night I had a bed made up in their bedroom, and about half-past 10 I and my sister went to bed—in the morning my sister called me—there is a clock in the room; it was 7 o'clock—I lit the fire in the sitting-room—my sister then woke the prisoner, and he said that Mr. Keenan would be wild at his losing a quarter, he ought to have been at work at 6 o'clock, and if he was not there then he would lose a quarter of a day—my sister then came down into the sitting-room and commenced preparing the breakfast—the prisoner came down and washed himself and then said there was a nail in his boot, and asked my sister for a hammer; this (produced) is it—I gave it him and he was hammering the nail in his shoe—my sister then sent me out to get a basket of coke—up to that time I had not heard any quarrel between them—I was not out a full quarter of an hour, about ten minutes—when I came back the prisoner opened the door to me; he was dressed, but had not got his hat or coat on—he said "Maggie, go and fetch your mother quick, I want her," and I heard some one groaning inside—I then went over the fence and spoke to my sitter Katie and to my mother—my sister is about 15—she and I then came back to the prisoner's house—we went into the sitting-room and saw my sister Bridget lying on her side in a pool of blood—her head was at the edge of the table and her feet by the fire; her face and neck were covered in blood, she was groaning very much—the prisoner was not there at that time—I saw this hammer and knife lying by her side on the floor, crossing each other—my sister Katie picked up the knife and put it on the window-ledge outside, and put the hammer in the cupboard or fireplace, I don't know which—the furniture and the preparations for breakfast in the room wore just the same as when I left them—my mother then came, then the police and doctor, and then the prisoner.
Cross-examined. When I went out he was hammering the nail in his
shoe—he was not doing it long while I was in the room—he and my sister were both hasty—the hammer and knife were lying in the blood.
CATHERINE BARRETT . I live at 17, Amiel Terrace, Bromley—the prisoner's wife was my sister—on the night before this occurred I was at her house and saw the prisoner and she together; they appeared to be on good terms—I said "Good night" and then went home—the next morning, about half-past 7, my sister Margaret came to me and I at once went to the prisoner's house and into the parlour—I there saw the deceased on the floor—she had been getting the breakfast ready; it was not upset—I saw this hammer and knife crossing each other by the side of her; they were stained with blood—I put the knife on the window-ledge and threw the hammer into the cupboard, and afterwards showed them to the police—my mother afterwards came, and my sister was attended to—she did not speak at all while I was there.
Cross-examined. I do not know that since they have been married there have been frequent quarrels between them—I heard that in the course of one of these quarrels he tried to rip his stomach open—I have never seen them quarrel; they have had words sometimes when I have been there.
Re-examined. I did not see him try to rip his stomach open, it was only what I heard.
ELLEN BARRETT . I am the wife of William Barrett, a labourer, and live at 17, Amiel Terrace—I am the mother of the deceased—she has been married to the prisoner between four and five years—she was getting on for 25—the prisoner worked for a Mr. Keenan, of Tredegar Road, Bow—they had two children, one 13 months and a little girl four years old; I have both of them—on this morning, about 20 minutes to 8, I was called to the prisoner's house, and saw my daughter with those injuries, and then the police and a doctor came—I remained with her all day—after the prisoner was taken away my daughter was conscious for a few moments and spoke to me—the prisoner was then brought back, and the Magistrate came—after the Magistrate had gone the prisoner put his head in at the room door and asked me was she dead—I said, "No, you can hear her breathing"—he did not say anything to that—I was not with my daughter when she died.
JAMES BUCKINGHAM (Policeman K 395). I was on duty at Bow Police-station on this Wednesday morning—the prisoner came there about half-past 7—it is about 500 yards from his house—he said, "I wish to give myself up"—he then took another step farther into the office, and made a statement to the sergeant in my presence: "If you go to 3, Amiel Terrace you will find a job there; I have been knocking my wife about with a hammer, and I believe she is nearly dead"—I then went to that address, and went into the parlour, and saw the mother attending to the deceased—the room was not disturbed in the least—I at once sent for a doctor—my attention was then drawn to this knife on the window-ledge; it is an ordinary table-knife; it was covered with wet blood—I afterwards took possession of this hammer, which was on the floor in the cupboard; it had blood on it—the deceased was lying in a quantity of blood—I was there when the Magistrate came; she then became unconscious again—she was conscious for a time while I was in the room, and I heard the mother say something to her, and she made some reply.
when the prisoner came and gave himself up—he made a statement to me, which I reduced to writing, and he signed it—I read it over to him, and told him as to the seriousness of the statement—this is it (produced) (Read: "If you go to 3, Amiel Terrace you will find a job there. I have been knocking my wife about with a hammer. I believe she is nearly dead. She gave me provocation to do it Signed, DANIEL MINAHAN." ) I examined the prisoner's hand, and found three or four little smears of blood on it—he had his coat on when he came to the station.
RATHBONE WAINWRIGHT . I am a licentiate and a member of the Royal College of Physicians, and I practise at Bromley—on the morning of 28th October I was called to 17, Amiel Terrace, and got there about half-past 8—my assistant had been there before me—I found the woman lying on the floor in the room quite unconscious—I examined her, and found 11 wounds on the head, and also a small wound on the left cartilage of the nose; I thought at the time it was a cut—it could have been cut with a small penknife, but not with this knife—it could have been done with the hammer striking against the edge of one of the nasal bones—they were very serious wounds, and I saw the skull was fractured—at that time she was too ill to be removed to the hospital—I saw her again at 11 o'clock on that morning—she was then conscious for a time, and I sent for the Magistrate to take her statement—he came about a quarter past 1, but she had then become unconscious again—in the evening she rallied a little, and I thought it best to have her removed to the hospital, and she died about a quarter to 2 on the following morning—I was present just after the post-mortem had been finished—I compared the hammer with the wound over the temple-bone, and they corresponded—the wounds on the skull might have been produced by this hammer—the actual cause of death was, I think, internal injuries to the liver; it was lacerated—there were four fractures of the skull—there were four ribs broken; the breaking of them might have caused the internal injuries—it is possible that a fall with violence against the edge of a table might have broken these four ribs.
Cross-examined. They may have been broken by falling against the fender—I don't think it could have been caused with this hammer; it would have required great violence—no injury that I could see was caused by this knife—the cut on the nose was caused more probably by the hammer.
WALTER BLACKSLAND . I am house-surgeon at the London Hospital—the deceased was admitted thero on Wednesday, 28th October, about 9 o'clock in the evening—she was in a state of unconsciousness and very blanched—she had injuries to the head, which had been attended to by a medical man before—she died at a quarter to 2 the next morning—I made a post-mortem examination the next day, and found 11 distinct wounds on the scalp, many running into each other, caused by different blows—in four of these the bone was driven on to the top of the brain, pressing it down—the injuries to the scalp were such as might have been caused by this hammer—I noticed a cut on the nose—when I first saw it I thought it was a wound by a cut from a small knife, but after another examination I came to the conclusion it was caused by the edge of the hammer—the tissues were very much bruised beneath it—the injuries to the scalp were over different parts of the head—four ribs were broken, the 7th, 8th, 9th, and 10th—they would be directly over the liver,
which was extensively lacerated, and there had been much bleeding from it—the fracture of the ribs would not lacerate the liver; some sudden violent blow, or some fall from a height on to a sharp thing, would cause it—the same blow that broke the ribs could lacerate the liver—the ribs were quite recently lacerated—the injuries to the ribs and to the liver, in my opinion, were caused by one blow—the cause of death was loss of blood consequent on those injuries.
WILLIAM BEACH (Police Inspector) From what I was told I went at a quarter-past 8 on the morning of the 28th October to 17, Amiel Terrace—I went into the sitting-room, and found the deceased lying down in front of the fire, and Mr. Wainwright's assistant was attending to her—I was shown this hammer and knife; they had wet blood upon them—there was a quantity of blood on an old mat just under the edge of the table—about half-past 11 in the morning she became conscious—I then fetched the Magistrate, but on his arrival she had again lapsed into unconsciousness—when the Magistrate had gone, about 20 minutes past 1, the prisoner put his head in at the door and said "Can't I see my wife?"—he could see her lying on the floor, and said "Is she not dead vet?"—the mother replied "No, she ain't; can't you hear her breathing?"—I then took him to the station—the charge was read over to him, and he made no reply.
By the COURT. He gave himself up at half-past 7, and he was brought to the house when the Magistrate was there.
ALFRED WILLIAM TURNER . I am clerk and timekeeper to Mr. Matthew Keenan, of the Armour Works, Tredegar Road, Bow, boiler composition maker—the prisoner had been employed there as a labourer from 16th March to 17th October—he was then discharged for losing time—he was taken on again on Monday, the 26th, by Mr. Keenan—I was present when he had a conversation with the prisoner—he told him if he lost more time he would discharge him on the first occasion—the time for coming is 6 o'clock; if a man is not there at that time he cannot go in till 9 o'clock; that is what is called losing a quarter of a day, and besides that they have to pay 6d. fine.
GUILTY .— DEATH .
CLARA HUGGINS . I am the prisoner's wife—we have been married 18 months the 23rd April last—on 14th October, about 6 o'clock in the morning, we were in bed—he awoke me and said in angry words "You kicked me"—I had not to my knowledge—I said "I didn't kick you"—he said "Don't you think I am afraid of you; I could smother you if I like; I could do it now if I took a pillow and put it on to you; I could soon do it"—upon that he took up a pillow and placed it on my face—I moved it, and screamed "Murder"—he replaced it again, and then I moved it again, and screamed "Murder" and "God help me"—the last time he put the pillow on my face he put his hand on each side of my face and I could not move it, and I scratched his face, and then he released me—I had two scratches on my nose; I couldn't say whether I did them or whether the prisoner did—I struggled with him altogether about ten minutes; it was only a few seconds that he held the pillow over my face; he held it quite tight—after I had scratched his face and he
had released me, he sat on the bed for a little while and said a few words I did not notice, but the last he said was "This will be a warning to you; the next time I will finish you"—this is not the first occasion on which he has assaulted me—he started on me two months after I was married, about my money—he took me by the throat, and attempted to strangle me, but he was disturbed by some one coming in the shop—he also assaulted me one Sunday morning—I took a breakfast upstairs, and took it into the wrong room, and he punched me, and the prints of his nails were in my neck for some time afterwards—he said on this occasion he wouldn't strike me or make any marks, but would do for me in another way—when he assaulted me 16 months ago I went to the police-court and made a complaint, and he was cautioned.
Cross-examined. I have not lived happily with him, because he wanted my money in his name, and I would not consent—I think I said before the Magistrate about his trying to strangle me—I was represented there by Mr. Young, a solicitor—I can't say whether I said before the Magistrate About 6 o'clook on this morning I was in bed with my husband; I stretched out my legs and touched my husband's legs"—my husband woke me and said I kicked him—there were five people sleeping in the house besides me; there were two seafaring men sleeping above me; the maid servant slept in the top front room—I screamed out "Murder" as loud as I could, but the prisoner put his hand on my mouth—I did not say before the Magistrate "I think it was for about 10 minutes he placed the pillow on my face and held my nose," I said I struggled for 10 minutes—I signed my depositions as being correct—he pressed the pillow on my face and mouth for about a minute so that I could not breathe—this was at 6 o'clock—-I said nothing of this to anybody till 8 o'clock, when I went to my servant—he left a little after 6 o'clock—I went to the doctor's after I had had a cup of tea, and I got there about 9 o'clock.
Re-examined. I went to the doctor's because I felt bad in consequence of what he had done.
MARY ANN WATSON . I am servant to the prosecutrix and prisoner—on 14th October, from a quarter to 8 to 8 o'clock, my mistress came into my room—I noticed two marks of finger-nails on her nose, and her eyes were swollen, as if she had been crying—I had not heard any one cry out—my bedroom is the top bedroom, two rooms above theirs.
Cross-examined. There were people sleeping in those rooms.
Re-examined. They were only lodgers for the night, two sailors, but, they were obliged to go to Edinburgh.
SELINA PATTISON . I live at 22, Samuel Street, Limehouse; the prisoner is my uncle—on 14th October, in the afternoon, I had a conversation, with him about what had taken place in the morning—he was in the parlour—I said "Where is Clara"—he said "She has gone out; we had a bit of a row this morning"—I said "A row again"—he said "Yes, about 6 o'clock this morning I woke up and happened to turn round and knocked my legs against her, and she turned round and said 'Don't you touch me;' I said 'I have heard that so many times, Clara, suppose I was to touch you;' I then turned round, laid my body over hers, and said 'What would you do?' she began to scream, I lifted up my hand and put it over her face to quiet her, and then walked down the stairs, and she afterwards got up "—he said nothing about the pillow.
Cross-examined. I have always known the prisoner as a quiet man—I knew his late wife.
NOT GUILTY .
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
EMMA MOORE . I lived with William Davey Moore for 15 years at 35, Cromer Street—I was a widow, and passed as Mrs. Moore; the house was his—in June the prisoner was living there with his wife—on the night of 22nd June, between 10 and 11, I heard them quarrelling in their room—I heard screaming and went to their door and opened it—the prisoner said "Mind your own business; go away from my door"—I said "It is not your place, as you do not pay for it"—he owed us some rent—he up with his fist and struck me in the face—I screamed, and Mr. Moore got out of bed and came up in his trousers and shirt—he stood in the doorway and said "If you want to have a row don't kick up so much noise as this, for I want to go to sleep"—the prisoner called him an old b—, and struck him under the jaw with his fist over my shoulder—he staggered back and fell into the room—the prisoner followed him into the room and kicked him at the bottom of the back—I shoved the prisoner out of my room—I picked Moore up with help; he was insensible, or partly so—I got him to bed—he remained partly insensible during the night—in the morning Dr. Smythe came to see him—he was confined to his bed till he died on 8th October.
Cross-examined by the Prisoner. I did not spit in your face or knock your wife down—I did not assault you on the stairs—you told Moore that I had scratched your face.
EMILY BLACKER . I am the wife of Charles Blacker, a house painter, and am daughter of the last witness—I occupy the front room groundfloor at 35—I came home about 11.30 on this night—I heard quarrelling, and saw the prisoner, his wife, and my mother outside the prisoner's room door; he was drunk—he struck mother, she screamed out—Mr. Moore got out of bed and came to the door and said "Don't make such a noise—the prisoner said "You decripidated old b—, if you say anything I will kill you," and he struck him on the left jaw, and he staggered and fell into his room—he seemed quite insensible.
EDWIN CRISP . I lodge at 35, Cromer Street—I heard a noise and went down and saw the prisoner, Mrs. Moore, and Mrs. Clarke rowing—Moore came to his door—the prisoner struck him under the right jaw, and he staggered back and fell between the bed and the mangle—the prisoner was drunk.
JAMIS CALPIN . I heard a disturbance in the passage—I went downstairs and saw the prisoner strike Moore over my shoulder, and hit him at the side of the jaw, and he fell up against the mangle and then on the floor—I helped to pick him up.
Cross-examined by the Prisoner. I did not see you kick him—I should have seen if you had—they were all rowing.
July, on a warrant, for causing Moore bodily harm—I read the warrant to him; he made no reply.
JOHN WALTER SMYTHE . I am a surgeon, of 18, Colebrooke Bow, Islington—on 23rd June I was called to see Moore at his house—he was not conscious; his right side was paralysed—he remained unconscious three days, then slightly recovered, and then relapsed—the right side of his face was very much swollen and bruised, and his right eye very much swollen and effused with blood—he passed blood through the bladder for two or three days—in my opinion the injury was caused either by a blow from the fist or some blunt instrument—the cause of death was haemorrhage on the brain first, and then softening resulting from the haemorrhage—I made a post-mortem with Dr. Pepper—I found softening in the centre of the right side of the brain, and an old clot, and a clot that had occurred a week or so before death.
Cross-examined. I had attended him for 10 or 12 years—he had also been an out-patient at the City Road Hospital and the Royal Free—any mental excitement would cause haemorrhage and softening of the brain—a portion of the kidneys was eaten away—I gave no hope of the case from the first—I never saw him affected with brain symptoms before—he suffered from bronchitis.
AUGUSTUS PEPPER . I am a surgeon, and Lecturer on Practical Surgery at St. Mary's Hospital—I made the post-mortem examination—in my opinion the immediate cause of death was inflammation of the lungs—he had a large bed-sore on the back—I found a patch of softening on the left side of the brain as large as a walnut; that was the result of a previous haemorrhage of several days' standing—the left kidney was entirely destroyed by stone—there was extensive long-standing disease of the lungs—the blood vessels generally were in a weak state—the haemorrhage was of lone standing, several weeks; that might be caused by a blow, and it might not—any great physical exertion, or even mental excitement, would cause it—a blow would certainly be calculated to cause haemorrhage—I do not think that a blow on the jaw alone would cause haemorrhage in the brain.
NOT GUILTY ,
There was another indictment for an assault on the same person, upon which no evidence was offered.
NOT GUILTY .
NEW COURT.—Tuesday, November 17th, 1885.
Before Mr. Recorder.
19. ALEXANDER SWIRLES , Embezzling the sums of of. 1l. 1s. 6d., 1l. 4s., and 1l. 4s. 6d., of John Jacob Schwerzer, his master; also the sums of 19s. 6d. and 25s. of his said master. MR. GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. KISCH Prosecuted; MR. GRAIN Defended.
ISRAEL ALEXANDER . I am a dealer in works of art at 40, Gerrard Street, Islington—on 18th December, 1888, I issued his writ (produced) for dissolution ot partnership, and on April 4th it came before Vice-Chancellor Bacon on my application for appointing a receiver; I alleged that there was between 200l. and 300l. worth of property in the prisoneri's,
possession; the Vice-Chancellor directed the fact to be tried in the Queen's Bench Division whether there was a partnership—it was tried on the 8th, 9th, and 10th of December, 1884—I gave evidence, and the Jury found that such a partnership did exist—I afterwards applied before the Vice-Chancellor and obtained judgment with costs—I was present on December 9th, when Long gave his evidence; he was sworn in the usual way by the officer of the Court; he then swore that he never paid a shilling towards the horse picture by Freemantle, but he gave me 11l. as a present; that I had no further interest in the picture; he swore that there was no arrangement between us as to the horse pictures, but that I was his agent, and that there was no arrangement to go out together as partners, but that I went out with him to buy for him as his agent—that was quite untrue—I had known him for some years before 1883—our arrangement was to go to sales and buy and sell, and share the losses and profits, and we carried that out for a considerable time; we shared the losses and profits in a great many transactions, and that was all gone into at the trial—I received a letter and met Long in Tottenham Court Road in July, 1883, and accompanied him to Freemantle's, where there was a sale; Mr. McFarlane was there; he bought two horse pictures for Long and me; I was present when McFarlane bid for them, and for one or two more of us—there was a knock-out of which we were members—he bought them for us and others, they came with expenses to 30l. 16s. within a shilling or two, and Long took them himself to his premises—they always went to his house—I believe he had a larger connection than I had, and he disposed of them—he made these entries in his book a day or two afterwards: "Horse pictures, paid 15l. 8s., by Alexander"—those words and figures are in Long's writing—there had been several horse pictures between us, but I swear that that entry applies to those bought at Freemantle's—at the time that entry was made Long owed me more than 15l. 8s. on our transactions—I ascertained before August 11th that he had sold the pictures—I saw him on August 11th, and he wrote these figures on this catalogue (produced), showing a balance to me, after taking into consideration a sum of 7l. 8s. 10d., less 1l. which I owed him—that left a balance of 6l. 8s. 10d., as the account had been credited with the 15l. 8s.—this is the receipt (produced)—it is "August 11th, 1883, received of J. H. Long 26l. 2s. for goods bought of Freemantle, including the profit of 11l. "—that is his writing, and the signature is mine—these words "In full satisfaction as it is a gift" were not there when I signed it, they have been added afterwards—I gave it up to him, and it has been in his possession ever since—that receipt acknowledges that I had received 11l. profits—on 11th August he gave me this IOU for 6l. 10s. 8d.—it is in his writing—he had not given me 11l. as a gift, or any sum—I never saw that receipt after signing it till I saw it at the trial—he took up his IOU on the 13th by this cheque for 6l. 10s. 8d., which was duly paid—that closed the transaction—Mr. Sawyer afterwards made a communication to me with reference to the pictures—towards the end of 1883 Long had property value between 200l. and 300l. in which I claimed partnership; he still retains it—I heard that he disputed the partnership, and consulted a solicitor—I afterwards had an interview with Long, who asked me to sign a receipt in full discharge—I refused and went on with my litigation.
Cross-examined. I am not aware that I tried to settle the case—if any
one has suggested that Long should pay me a sum of money, that was done without my authority—Mr. Abrahams was my solicitor first, and Mr. Lazarus afterwards—no offer was made from me for a settlement—this letter of 19th June, 1885, was not written by my authority—it is in Mr. Lazarus's writing—he was acting as my solicitor at that time—I do. not know whether he was acting for Abrahams or for himself—Mr. Abrahams had the case in hand at first. (The letter was dated January 19th, 1885, Alexander v. Long, and stated: "I understand an offer has been made from the prosecutor's former solicitor of 400l., and 300l. for costs, and the delivery up to him of the goods admitted to have been fully paid for by him. Kindly let me know by return whether the defendant will accept those terms, as I am instructed to deliver the brief to-morrow.") I still say that I never endeavoured to settle the proceedings—what he has sworn falsely is that I never paid anything towards the two horse pictures bought at Freemantle's, and that the 11l. was a present, and that I had no further interest in the pictures, and that all the goods there were for him to sell for me—he swore that I was not his partner, but his agent—I said in answer to you at Bow Street that I did net pay half towards the horse pictures; I misunderstood you—the case took three days—I buy goods, and Long does the same—I had money to buy goods with when I started with him; I cannot tell you how much, but I had not quite sufficient to buy all the goods we bought altogether—I did not ask him to make this entry in the books that I should not appear to be a pauper—when we bought goods we used to enter them in this book—nothing was said about a pauper; I know that he swore that that took place—when I signed this receipt it stopped at the word "profit;" this blotch was not on it; he swore that the blotch was there when I signed it, but I swore that it was not—I found 5l. towards paying the auctioneer for the pictures, and they were knocked down—I paid that 5l. to Long—this (produced) is the cheque he gave me for it. (This was dated August 7th.) I found 15l. 8s. towards it, but I paid 5l. first—I did not find any of the money at the time the auctioneer was paid, except the 5l.—these figures on the back of the receipt relate to a picture he bought and sold again, and I paid for it 3l. 17s. 6d.—I got half the profit on that, 10s., and also half my expenses on my journey to Whitby in Yorkshire. (The witness here explained other items at the back of the receipt.) Those sums come to 15l. 8s., and Long said, "I will make this entry in the book, 'Horse pictures, paid 15l. 8s., by Alexander' "—instead of paying me the money he discharged the debt—it is on that entry that I say there was a partnership between us; that is the only corroboration of my statement that there was a partnership.
Re-examined. The letter from my solicitor was without prejudice—I have been put to considerable cost; I had to employ a Queen's Counsel" to defend me—I got judgment against Long with all the taxed costs—I went into a great quantity of transactions on the trial in which I received half profits—the 5l. I gave towards the purchase was a temporary porary transaction, and does not come into this matter at all.
GEORGE WALPOLE . I am a shorthand writer—on December 9th and 10th, 1884, I attended the trial and took notes of Long's evidence—this (produced) is an accurate note of what took place—a question was put to him, "Was it arranged that you should attend sales to be agreed on together? A. I never made any arrangement. Q. And that you were
to take the goods home and share the loss and the profits, was that arranged? A. Never. Q. Did he pay any part of the original price? A. Not a shilling."
JOHN SAWYER . I am a general dealer, of Dartmouth Park Hill—in the beginning of August, 1883, Long had two horses for sale—I had known him for years; he had spoken to me several times, and referred to Alexander; I have constantly met him at sales; he spoke of Alexander as always being in partnership together—I heard that there were two pictures for sale, and subsequently sold them for 120l.—the gentleman who bought them handed me this cheque; I handed it to Long, who said, "When this cheque is paid you will be surprised what I shall give you out of it"—he afterwards gave me this receipt (produced), it is in Long's writing: "11th August, 1882. Received of Mr. Sawyer 60l. for two pictures of horses by Herring, 1834 and 1839"—when he gave me the receipt for 60l. instead of 120l. I told him I did not understand it—he said, "You don't think I am fool enough to let Alexander have half the profits, that is all right enough"—I afterwards met Mr. Alexander, and told him—I afterwards gave evidence before Justice Manisty in the action.
Cross-examined. This is my signature. (Read: "Received of Mr. J. H. Long, two pictures of horses by Herring on sale or return, price 60l. nett cost")—that receipt was given to me the same as he gave me the other one, to make one tally with the other—figures were not gone into to see what the nett cost of the pictures was—the figures on this paper (produced) were not made by Long in Miss Pike's presence, at Long's house, nor in my presence, I swear that—this (produced) is the cheque he gave me for 7l. 17s., it is put down here as 7l. 7s.—no figures were put down before the receipt was given; I never saw the paper before; no calculation was made—when I saw Mr. Alexander and gave him the receipt I said "I have sold the paintings"—he said "Yes, for 60l. "—I said "No, 120l. I sold them for"—he was surprised then, because he had only been told it was 60l.—I said "Long has given me this receipt for 60l., when I returned him a cheque for 120l., "and I gave him the receipt.
Re-examined. This is the first time I have seen this document, it was not given to me at the time.
WILLIAM MCFARLANE . I am a dealer in works of art, in Wych Street—in July, 1883, I attended a sale at Freemantle's, and bid for the Herring pictures; they went, with expenses, for about 30l. 16s.—Mr. Long agreed with me the day before that sale to go there with him, on account of his partner being in the West of England; that is that I should be his partner; as his partner, Mr. Alexander, cold not get home in time—on the day of the sale he told me that I could not expect to be partners with him on account of his partner being there, and I saw Mr. Alexander there—I then bid for the pictures on my own behalf; it was a knock-out, and I was appointed to bid—I am sorry to say that often takes place, and it sometimes takes place at Christie's.
Cross-examined. The arrangement I had with Mr. Long was, that I and he should be the partners, and share the profits or loss—if there is a sale where there are some pictures by different artists, we have a general venture together; one buys, and we arrange the proportions between ourselves—I had never entered into a joint speculation with Long before, but he asked me to do so.
NOT GUILTY .
FOURTH COURT.—Tuesday, November 17th, 1885.
MESSRS. LLOYD and WILKINSON Prosecuted.
ELIZA NAISH . I am the wife of James Naish, who keeps the Black Lion public-house, New Oxford Street—I was in the bar on 12th October a little after 5 p.m., when the prisoner came in with another man and called for two half-pints of fourpenny ale, and gave me a shilling, which I put in the till, giving the prisoner 10d. change—they drank, and the other man called for two more half-pints, and paid with a shilling, which I put in the till, giving him 10d. back—then the prisoner asked for a screw of tobacco, and gave me a third shilling—I detected it at once, and said "The other two you have just given me must be the same"—I went to the till, in which there were no other shillings, and brought these shillings and showed them to him—he said he did not know they were bad; the other man ran away—the prisoner could not get away, there were a lot of people in the bar—I sent for the constable and gave him the coins after I had bent them.
LEWIS ACOTT (Policeman E 106). I was called turthe Black Lion, where I found the prisoner—Mrs. Naish gave me these three shillings, which I have had in my possession and produce—the prisoner said "I met another man outside, in New Oxford Street, I knew by sight, he asked me to go and have a drink; he gave me a shilling to pay for it, and after he had paid for another pint of ale himself he gave me another shilling"—at the police-station, when charged, he said he knew nothing about it, he was innocent of it—I found two good sixpences and 6d. in coppers on him.
Cross-examined by the Prisoner. You were not being held by anybody in the public-house—the people stood all round you—you said you were innocent of the charge, and gave a correct address—I did not receive a bad character of you there.
The prisoner received a good character.
NOT GUILTY .
JOHN BARTER . I am manager to Mr. Baker, grocer, Cavendish Road, Tottenham—on 17th October the elder prisoner came in and made some purchases, and tendered a half-crown—I gave her 2s. in change—another customer came in, to whom I attended—the prisoner remained in the shop, and when that other customer left, she asked for a penny tin of mustard, giving me a bad sixpence—I bent it easily, and found it was bad—I compared it with the one I had previously found—I said to the prisoner "This is a bad sixpence"—she said "Is it?"—I said "Yes"—I returned it to her, and she paid me with a good sixpence and left—on 21st October a little girl, Ellen Williams, came to my shop and asked to be served with some goods which came to fourpence—she gave me a bad sixpence in payment, which I kept and gave to the police—I bent
and marked it with a pair of scissors—this is it—I had known the elder prisoner as a customer.
Cross-examined by Margaret Malone. I never knew you have bad money before that I could speak to—I asked the child where she had got the coin from, and she said from Mrs. Malone.
By the COURT. She has been dealing there on and off for two years—she left the neighbourhood, and came back occasionally.
ANNIE FARRANT . I live at Lordship Terrace, Tottenham—my brother keeps a confectioner's shop, in which I serve—on 21st October, about 5.30, a little girl, Emily Hylott, came in, and I served her with bread—she gave me a sixpence in payment—I saw it was bad, and took it in the parlour, having received instructions to examine coins—I gave her the change although I knew it was bad—I put the coin on the parlour shelf—my brother soon after came, and I gave him the coin—my sister had passed through the parlour in the meantime—I knew the prisoners as customers.
EMMA AMELIA COLLETT . I live at 4, Lordship Terrace, Tottenham, and assist my father there in his business as a stationer—on Wednesday, 21st October, Eliza Williams came in the shop about half-past 1 for a penny periodical—she gave me a bad sixpence—I told her it was so, and gave it to her back; she left—afterwards Lizzie Malone came and said her mother said it was not bad—she had the same periodical which the child had asked for, and paid for it with a good shilling.
WILLIAM FARRANT . I keep a confectioner's shop at Lordship Terrace, Tottenham—on 22nd October Eliza Williams came in for a penny cake and gave me a sixpence, which I discovered to be bad—I spoke to the child, and sent for Murphy—after further conversation the child left and went opposite the shop—there were girls about 30 yards from my shop—about an hour and a half after the girl left, Lizzie Malone came and asked if a little girl had been in with sixpence for some cake—I told her she had, and it was a bad one—she asked me to give it back to her, and I told her I had destroyed it—she said she knew where she had taken it from, and she named Mr. Lance, a cheesemonger—she went out of the shop, and I heard no more; as a fact I had not destroyed it—this is it—I gave it to Murphy—on the previous day I received a bad sixpence from my sister, which was also given to Murphy—he marked them in my presence—I know the elder prisoner.
ELIZA WILLIAMS . I am eight next January—I live with my parents at Scotland Green, Tottenham—on a Wednesday Lizzie Malone sent me to Mr. Barter's shop for a quarter of a pound of sixteen butter, and gave me a sixpence, which I gave to Mr. Baker—I had no other money then—I got the butter and change; I gave them to Lizzie Malone—after that Lizzie Malone sent me to Mr. Farrant's shop to buy a pennyworth of stale cake, and gave me sixpence—I had no cake or change given me—I had no other money—my mother sent me to borrow a penny of Mrs. Malone to buy a paper—Mrs. Malone gave me a sixpence, which I took to Miss Collett's shop for the paper—Miss Collett gave me back the sixpence—I brought it to mother, and then took it to Mrs. Malone, who gave Lizzie a shilling to get the Family Herald—she got it—the prisoners had lived in that cottage a fortnight or three weeks when this took place.
—on 21st October Lizzie Malone asked, me to fetch her a quartern loaf—I said "Why cannot you go yourself?"—she said "I don't like to go, I am too dirty, and the lady knows me"—she gave me 6d.—I went to Miss Farrant's and asked for a quartern loaf and gave her the 6d.—she took it into the back parlour and gave me the loaf and 2d. change, which I took back and gave to Lizzie Malone, who was by the side of our house; Farrant's shop was only just across the road—I have occasionally been on errands for Mrs. Malone.
JANE WILLIAMS . I live at 2, Hope Place, Scotland Green—the last witness is my daughter—the two prisoners live in a cottage at the back of my place—on 21st October I sent my daughter to Mrs. Malone's to borrow 1d. to buy a paper at Mrs. Collett's—she came back with 6d., which I tried; it bent—she went back to Mrs. Malone's and afterwards brought me the paper.
Cross-examined. I have known you three years and never knew you have any bad coin.
ROBERT MURPHY (Detective Sergeant). On 22nd October I was called to Farrant's shop between 1 and 2 p.m.—I saw Mr. Farrant and the little girl Williams; he handed me these two bad sixpences, which I marked—I left Williams in the shop—a few minutes afterwards I saw her come out and speak to the younger prisoner about fifty yards from the shop—on the 23rd I went with two constables, Castle and Hart, to the house 2, Brewer's Cottages, Scotland Green, where the prisoners lived—I called out for Mrs. Malone, she came downstairs—I asked her if she was Mrs. Malone, she said "Yes"—I told her I should take her into custody for uttering and causing to be uttered several counterfeit sixpences—she said "I only had one; somebody gave me that; I should like to know who gave it me, that is all"—I asked if her daughter was in, and said she had better tell her—she called upstairs, and said "Lizzie, they want you as well"—the girl came down—I told her the charge—I took them both to the station—afterwards I searched the house—the fire was out and in the ashes of the kitchen grate I found the remains of a plaster-of-paris mould in a burnt state, dross, and a quantity of metal—the cottage had a kitchen and a wash-house downstairs, and two bedrooms over them—a lodger slept with two other men in the house—at the station the charge was read over to them and they were searched—on the elder prisoner five good shillings and 9 1/2 d. bronze were found—I believe the prisoners have lived in the cottage three or four weeks.
THOMAS HART (Policeman Y.R. 26). I went with Murphy to the prisoners' house and searched—in premises attached to the side of the house I found half a shilling and a 3d. piece in some fresh ashes, just taken out of the fireplace apparently, quite dry—there was a quantity of plaster-of-paris lying in the ashes, I examined it but found no marks on it.
WILLIAM JOHN WEBSTER . These coins are all bad—I saw the plaster-of-paris, molten metal, and unfinished 3d. piece—the plaster-of-paris is used for making coins—some of the coins are from the same mould.
The prisoner in her defence stated that the only 6d. she knew anything about had been given to her in payment for some old clothes, and that she did not know it was bad.
MARGARET MALONE— GUILTY .— Twelve Months' Hard Labour. LIZZIE MALONE— NOT GUILTY .
MESSRS. LLOYD and WILKINSON Prosecuted.
ELIZABETH STURMAN . I keep a milliner's shop at Broad Lane, Tottenham—on 10th October the prisoner came in with her little sister Emily to fetch a hat she had ordered; I gave it her and she gave me half-a-crown, which I tried in my teeth and found to be bad—I said "I believe this is a bad one"—she said "I don't think it is"—she then paid with two shillings and a sixpence—I called in Mr. Eustace, a neighbour, and gave him the half-crown, he gave it to Mr. Keppard I believe—I am not certain to whom I gave it.
Cross-examined by the Prisoner. I have known you five years.
LEONARD KEPPARD . I am a draper of 2, Catherine Terrace, Seven Sisters Road—on 10th October, between 10 and 11 o'clock, Christine Kemmer came to me; we had some conversation, and then I watched the prisoner's sister Emily, who went up the high road to the prisoner and they went down Page's Green—I heard the prisoner ask her sister whether it was a bad or good one—they went into a second-hand shop and then into Mrs. Sturman's, where they remained about ten minutes—Mrs. Sturman showed me a bad half-crown—I asked the prisoner whether she had tried to pass it anywhere; she said "No"—this is the coin.
Cross examined. I left the matter in the policeman's hands to do what he liked, and he went to Mr. Charlotte, who said he would prosecute—you did not go to Mr. Charlotte; your sister did—I do not know you at all.
CHRISTINE KEMMER . I live at 1, Catherine Terrace, Seven Sisters Road, Tottenham, with my uncle, who carries on business as a baker—on 10th October the prisoner's sister came for a half-quartern loaf and gave me a half-crown, which I tried with my teeth and found to be bad—I took it next door to my aunt, who asked the little girl who gave it her—she said "A gentleman"—she gave the coin to the little girl.
ROBERT MURPHY (Detective Sergeant). On 16th October I saw the prisoner in the High Road, Tottenham—I told her I should take her into custody for uttering a bad half-crown down Broad Lane last Saturday night—she said, "I didn't know it was a bad one"—I said, "You were watched that night"—she said, "Oh, yes, a gentleman gave it to my sister"—this is the half-crown which Moore gave me.
NOT GUILTY .
WILLIAM BOWDLER WILSON . I am an accountant, of Dunster House, Mincing Lane—on 26th October I was in the reading-room of the Young Men's Christian Association, Aldersgate Street, and left my overcoat there about 6 o'clock—I came to look for it again about 10 o'clock; I did not find it then—I communicated with the secretary, and next saw my coat at Camberwell Police-station—this is it.
—I saw him go into two pawn-shops, and come out still with the parcel—another man was with him, and he entered a third pawn-shop—on his coming out the prisoner again resumed possession of the parcel from the other man—I met another police officer, and stopped the prisoner—I said, "l am police officer, I want to know what you have got in that parcel"—he said, "I have got an overcoat"—I said, "Is it yours?"—he said "Yes"—I said, "Are you sure?"—he said, "No, it belongs to that gentleman," pointing to the other man; he said it was given to him the night previous by his cousin, who lived with his aunt at 99, Basil Road—I said, "Your answers do not satisfy me; have you any objection to walk up to the police-station?"—he said "No"—I took him to the Camberwell Police-station, where he was detained—inquiries were made, which led to his being handed over to the City police on the 3rd inst.—this is the overcoat the prisoner was carrying—he did not give me the name of the cousin or any one.
WILLIAM CROSS (City Detective). I received the prisoner into custody on the 3rd inst. and said, "You will be charged with stealing a coat from the Young Men's Christian Association on the 26th of last month"—he said, "Yes, I stole it, and I told him so before."
The prisoner in his defence stated that Gustavus Evans stole the coat and promised to give him half if he pawned it.
GUILTY . He then PLEADED GUILTY ** to a conviction of felony at this Court in the name of Robert Davis in January, 1884.— Five Year's Penal Servitude.
FREDERICK HIGLEY INMAN . I live at 70, Central Street, St. Luke's, and am an undertaker—on the night of 20th October I fastened up my house and locked the street door—I was in my bedroom at 1 o'clock, and I heard the street door softly opened and closed, and some one go stealthily upstairs to the next flat—I fancied it was the lodger upstairs—I then heard my lodger above me calling out, "Who is that? who is that?"—I came out of my bedroom on to the landing, and saw the prisoner coming downstairs—I asked him what he was doing—he said he had just been seeing his friends home—I called out to the lodger above; he said the prisoner had been saying he was my brother—he tried to get past me downstairs; I pushed him back—I went downstairs and called out "Police"—a constable in plain clothes off duty came to my assistance; the prisoner struggled—I knew nothing of him.
HENRY KIMBER (Policeman G 22). I was called, and found Inman and the lodger struggling to detain the prisoner in the passage—I was in plain clothes; I said, "I am a police officer"—Inman gave him into my custody—the prisoner made no reply to the charge—I took him to the station, and searched, and found on him a candle, a key, a pawn-ticket for a pistol, and other articles—the key, I found, fitted the lock of the prosecutor's house, so that the prisoner could open the door with it.
The prisoner in his defence stated that he was going to stay the night with a friend, and mistook the house.
GUILTY . He then PLEADED GUILTY to a conviction of felony in February, 1884.— Five Year's Penal Servitude.
26. EDWARD JOHNSON (24) PLEADED GUILTY to breaking and entering the dwelling-house of Benjamin Lucas, and stealing two candles and other articles; also to attempting to break and enter the dwelling-house of John Page, with intent to steal therein.— Twelve Months' Hard Labour.
28. HENRY COLLINS (19) to stealing 13l. 5s. in the dwelling-house of Thomas Francis Worthington Cartwright, and burglariously breaking out.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
29. JOHN WILLIAMS (22) and GEORGE INSKIP (21) to attempting to break and enter, with intent to steal, the warehouse of Claud Thornton Cayley; also to being found by night with housebreaking implements in their possession.— Eighteen Months' Hard Labour each. [Pleaded guilty: See original trial image.] And
MR. HUGGINS Prosecuted.
EDWARD CHARLES SISE . I am clerk to Mr. Taylor, the prosecutor—goods are sold to customers in baskets, which, are charged for at a shilling each, and when returned a receipt is given at the rear of the premises where the baskets are taken to, and that receipt is cashed at a desk in front of the premises—the receipt is a counterfoil, so that it can be identified—I identify this ticket, 3035, as one issued by the prosecutor—this is the counterfoil; it was for 20s., and was presented by the prisoner—neither the word twenty nor the figures 20 is in my handwriting.
Cross-examined by the Prisoner. I had not enough money to pay you at first, and you came a second time.
HENRY ADAMS TAYLOR . I am the prosecutor—on the afternoon of 3rd November I saw the prisoner, who was detained—my clerk told me something—I took the prisoner into the office and showed him the ticket for 20s.—he said he had had the cash for it the previous day, and that there were three others concerned with him in altering tickets, and if I would let him off and send some one with him he would send back the money—it was the only way he had of getting a living—I said the ticket was a forgery, and I should charge him with it, and he said he would let me know something more about it.
JOSEPH BROWN (Policeman E 641). I received the prisoner in custody on Tuesday, 3rd November, for obtaining money by false pretences—the prisoner said "I own to cashing the one ticket, and if you will let me off I will send the sovereign back if you will send some one home with me."
GUILTY .— Twelve Months' Hard Labour.
JOHN PHILLIPS . I am an engine-fitter, living at 6, Wigan Road—on 21st April I was in Marchmost Street, Westminster, coming from the Houses of Parliament—I had a light short coat on, no overcoat—a man
very like the prisoner met me—he came up on my left-hand side and said "Well, Captain, how are you getting on?"—before I had time to reply he snatched my watch, which was attached by a chain through my armhole into my pocket—the chain was parted—he escaped from me—I pursued him; his colleagues, ten or a dozen, followed me—I could not pursue him, and lost sight of him—I loitered about the same place for a considerable time, and then went to my work—I have never seen my watch since.
By the COURT. I can't swear to the prisoner—it was a man very like him.
HENRY HOLIDAY . I live at 69, Millbank Street, and am a poultry man in the service of Mr. Smith—on 21st April, about 12.30, I was standing at the shop—I saw the prisoner go round Mr. Phillips and steal his watch—he then ran across into a little public-house—three men held the prosecutor back, who was trying to follow the prisoner—they said he should not catch him—I saw the prisoner about six weeks afterwards in Smith Street—I recognised him as the man who had stolen the watch, and then I afterwards saw him opposite the shop where the robbery took place—I did nothing—it was no business of mine—I saw him again afterwards, but I had my own business to attend to—the detective inquired if anybody had seen the robbery, and Mr. Smith told him I had seen it—the detective same for me to pick the prisoner out.
JAMES MORLEY (Constable B). On 22nd April I received information from the prosecutor, and made inquiries from time to time—on 21st October I saw the prisoner in the Haymarket, outside Scott's—I followed him for some time, and told him I should take him in custody for stealing a watch outside the Queen public-house—he said "I know nothing about it"—I took him to the station, placed him among 15 others, and he was identified by the last witness at once.
The prisoner in his defence asserted hit innocence
NOT GUILTY .
OLD COURT.—Wednesday, November 18th, 1885.
Before Mr. Justice Smith.
MR. RIBTON Prosecuted.
EDWIN SMITH ADAMS (Police Sergeant). On 28th October, about 12.20, midnight, I was on duty in Harding Street, St. Giles's, Commercial Road East—I heard the noise of breaking of glass in Steele's Lane, and on looking up the lane I saw a man running into the Robarts Arms, Devonport Street—I looked at the Emanuel Mission Hall, and on the north side found several panes broken and a quantity of broken glass on the pavement—I concealed myself for some time—the prisoner came out of the Robarts Arms followed by the manager, who came and spoke to me, and
while we were talking I saw the prisoner put his hand through a broken window of the Mission Hall, on the south side, and strike three matches in succession—he then ran round the north side and I heard another breakage of glass on that side—I then apprehended him—he said "What do you want me for?"—I said "For breaking the windows and trying to set fire to the church"—some gentlemen held him while I went and examined the church—I found three matches on the window-sill on the south side, close to where one of the wheatsheaves were; they were not lighted, the wind being so strong—there had been a Thanks giving Service, and these small wheatsheaves were part of the decorations—they would easily take fire—I found no matches inside the window—altogether 37 panes were broken; they were small diamond-shaped squares—I found eight matches under the next window to where the three were—the prisoner's right hand was cut and bleeding—he was charged at the station and made no reply—he had been drinking, but knew perfectly well what he was about—he gave his address at his mother's; he is well known in the neighbourhood—some straw on one of these little wheatsheaves had been ignited and had blown out—if he had succeeded in lighting these sheaves it is quite probable that it might have set fire to the building, and would have done considerable damage.
Cross-examined by the Prisoner. I did not see you ignite the sheaf—I was watching you for about a minute and a half—you made no resistance—nothing was found on you.
WILLIAM SHEPHERD . I was manager of the Robarts public-house, Devonport Street—a few minutes before 12 on 8th October the prisoner came in and asked for a few matches—I gave him about half a dozen—he afterwards came back and asked for more—I refused, and followed him out—I saw him strike a match close to the window of the Mission Hall; I saw the flare—I then spoke to the constable.
REV. JOHN THOMAS WYATT . This Mission Hall belongs to the London Diocesan Home Mission—I am the clergyman in charge—on 27th October, about 4 o'clock, it was quite safe—some of the windows were broken then, 30 or 40 panes, and about 40 were broken afterwards—about 3l. damage was done—I do not know the prisoner.
Prisoner's Defence. I was going home, my pipe was out, and I got the matches to light it, but the wind blew them out.
NOT GUILTY .
NEW COURT.—Wednesday, November 18th, 1885.
Before Mr. Recorder.
MR. GILL Prosecuted.
his business—on 26th August the prisoner came in and produced this cheque, and asked if we would cash it for Dr. Woakes, who is a doctor in Harley Street, and a customer of my father's my father gave him the money and he left—the cheque was afterwards paid away at market and was brought back, marked "No account." (This was drawn on plain paper on Messrs. Lubbock for 6l. 10s., to W. Smith or bearer, and signed Edward Woakes.) Information was given to the police, and I afterwards saw the prisoner in the street.
JAMES PRATLEY (Policeman D 275). On 4th November, about 12.30 p.m., I took the prisoner in Woodstock Street, and told him he would be charged with forging a cheque—he said "I know nothing about it, you must have made a mistake, I am the wrong man"—I saw young Lepper, and he told me the prisoner was the man—he said "You have made a mistake, I am not the man"—I told him I should take him in custody—he said "Very well"—we went there—I had hold of his right arm; he made a jump, sprang at me, and knocked me against some railings and got away—I followed him through several streets, and recaptured him at the back of a builder's shop, where he tried to climb over a wall—I took him to the station with assistance—he was charged, and made no reply.
ALFRED ROWAN (Police Sergeant D). I saw the prisoner at the station after he was in custody, showed him this cheque, and told him he would be charged with uttering it knowing it was forged—he said "A man gave it to me at a public-house at the corner of Harley Mews to get it changed; I got the money from the butcher and gave it to the man; he stood me two drinks; I had none of the money; I do not not know who the man was.
The prisoner in his statement before the Magistrate and in his defence stated that a man gave him the cheque to get changed for him, that he did change it at the butcher's, and gave the man the money, who made an appointment to meet him next morning, but did not do so.
GUILTY .— Four Months' Hard Labour.
OLD COURT.—Thursday, November 19th, 1885.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and A. H. BODKIN Prosecuted; MR. FULTON
WILLIAM SCHOFIELD . I am a member of the firm of Schofield Brothers, cloth manufacturers at Wakefield, Yorkshire—I knew the prisoner before 28th May, 1883—he had given me orders for goods through a traveller—I subsequently took another order from him in London—goods the subject of two orders were sent to his place at Bow—after I got a third order I heard something about him, and wrote him a letter, and received this reply. (This was dated 29 th May, and after referring to the goods, stated: "With regard to my age, your information is false. If you feel disposed to believe the information of strangers, you must do so. I shall take it as a great favour if you will furnish me with your informant's name. I
am but a young beginner, but none can say anything detrimental to my character.") After receiving that letter I seat goods to the amount of 248l.—that letter induced me to part with them—I believed that he was 21 years of age—I came up to town and saw him at his office in Faleon Avenue, Aldersgate Street—I said I had heard there was something wrong with him, and I wanted to know where my goods were that I had sent him—I don't think I said anything then about his age—I can't remember what passed between us—he did not tell me where the goods were—I asked him if they had ever been in his office—he said "No"—I don't think I said anything about prosecuting him—I was present at the police-court when a press copy of a letter marked "A" was produced; the prisoner acknowledged receiving the original. (This was dated May 28th, 1883, from the prosecutor to the prisoner, stating that they could not send him any more goods without security, as he was not of age.) The balance of 248l. has never been paid—we have never been able to trace the goods—I have tried to do so.
Cross-examined. They were sent to him in 1884—up to May, 1883, he paid satisfactorily, and continued to do so with the exception of a bill for 96l., which was running on 15th October this year—I had an interview with his mother and sister at his parents' house—I did not tell them that I had supplied the goods because I thought he would pay for them and without any reference to his age, I pledge my oath to that—I did not say that at that time I knew he was under 21—I did not tell them and Mrs. Goodwin so at this Court last Tuesday—I never made such a statement to them or to any person.
JOHN OAKS . I am a manufacturer, trading as John Oaks and Co.—I know the prisoner—between January and August, 1884, I supplied him with goods to the amount of 583l., some of which were paid for—between January, 1884, and 18th August, I supplied him with goods amounting to 391l., I have never been paid anything for them—he called at my office before I supplied them in August, 1884—we had had two transactions with him before, which he paid for, amounting to 240l.; he came to ask us to send more goods, which we declined without more knowledge of his position—my London agent supplied him with goods in the first instance—we parted with our goods upon the knowledge we had that he was in business as a woollen merchant in London, and his representing himself to our agent as a proper man to whom we could trust our goods—we brought an action against him for the goods, he pleaded infancy, and on that plea he obtained a verdict—had I known he was not of age I would not have supplied him with one pennyworth of goods.
Cross-examined. I never had any conversation with him about his age at any time—our action was not discontinued, we paid the costs on both sides, 6l. 19s.
HERBERT MARRIOTT . My father is a cloth manufacturer at Birstall, near Leeds—between 5th November, 1883, and the end of 1884, we supplied the prisoner with goods to the amount of 292l., which were not paid for—we have also supplied him with goods which were paid for—on 11th October, 1884, I had a conversation with the prisoner with regard to an acceptance which he had given for 96l. odd, which had been returned dishonoured on 1st October, and also with regard to the account which was then running, amounting, together with the returned bill, to 292l.—I wanted the payment of that account—he promised to see me later on in
the evening at the Queen's Hotel, Leeds, and when I got there he had returned to London—I did not see him again—I parted with the goods partly on account of this letter which we got from him. (This stated: "I have at present 500l. in my business and can get more if necessary")—I believed the contents of that letter.
Cross-examined. He was introduced to us by Mr. Hewett, a local manufacturer, who I had known five or six years—the first goods were paid for—he also referred to Mr. Cookson, an accountant; I have not seen him in connection with this matter; I don't know him.
HERMAN BASNITZ . I am a merchant, at 30, Friday Street, City—we supplied the prisoner with goods to the amount of 32l. 12s. in 1884; we sued him for the account, he pleaded infancy, and we discontinued the action and had to pay the costs—I did not see the prisoner before supplying the goods—our agent called on him afterwards, he is not here.
ROBERT BONDFATHER . I am member of a firm in Huddersfield—between 1st September and October, 1884, we supplied the prisoner with goods to the amount of 79l.—I saw him before supplying them—we had some conversation, merely about the goods; he said he was trading in Falcon Avenue, and that he had been in business some time—I think that was about all he said—he gave as a reference Cookson and Co., we referred to them, it appeared to be satisfactory—I noticed his appearance—I believed him to be 21, decidedly.
Cross-examined. I did not have any conversation with him about his age.
JOSEPH TALBOT . I am a woollen manufacturer at Batley, Yorkshire—between February and July, 1884, I supplied the prisoner with goods amounting to 231l. 13s. 8d.—I saw him before supplying them—he said he was in business in London, and was buying goods—he asked to look at certain things and ordered some; after ordering them of course I asked him with regard to payment—he said he required the usual credit, viz., a clear month, and I took the order on those terms—he also gave a reference to Cookson—I called there, but he had gone—I thought the prisoner was at least 25—I have not been paid—I brought an action; he pleaded minority, and I had to pay the costs, 21l.
Cross-examined. His age was not mentioned.
Cross-examined. I know Mr. Schofield—he called on me on 15th October last and had a conversation with me in the presence of my daughter—he said that when he wrote that letter he knew that Arthur was under 21 years of age; that he had gained so much confidence in him from May to October that he would have let him have anything he wished for out of his place—I had a second conversation with him outside this Court in presence of my daughter and Mrs. Goodwin, and he again said he knew that Arthur was under age when he received the letter in May, and he did not wish to hurt him any more than he could possibly help.
GUILTY on the first Count, NOT GUILTY on the others. — Twelve Months' Hard Labour.
There was another indictment against the prisoner, and it was stated that goods amounting to 3,500l. had been obtained by him in a similar way.
MR. DOUGLAS Prosecuted; MR. HOPKINS defended White.
ARTHUR COX . I live at 262, City Road, and am a hardware turner—on Monday, 26th October, about 3 o'clock, I met Darcy at a public-house—I had never seen him before—we walked about together getting some bills till about 5 o'clock—I saw him again about a quarter-past 6 o'clock in the George public-house, and remained in his company till about 8 o'clock—I then left him, and returned to the George about 9 o'clock—Darcy was there—I did not see White at that time—I was drinking in the same compartment as Darcy, but not with him—there were other persons there—at a quarter-past 9 o'clock I was drinking some soda-water, Darcy was near me, and I discovered his hand in my right-hand trousers-pocket, and at the same moment White put his hand into my left-hand trousers-pocket and took a packet containing six sovereigns—almost at the same moment I was struck very violently in the face by Darcy, who knocked me down—I bled very much, and was partly insensible for some time afterwards—the prisoners made the best of their way out of the house, having got my money—when I got up some friends bathed my face, and I was taken home in a cab—I was very unwell from the effects of the blow, and did not go to the police that night—next night I went to the George, Darcy came in and asked me to have a drink with him, and put out his hand to shake hands with me—I made no reply, but kept very close to him for fear he should escape—I sent some one for a policeman—he must have heard me do so; he remained, a policeman came, and I gave him in charge—on Friday afternoon, the 30th, I saw White at the police-station among a number of others—I did not feel quite certain of him at first, he seemed to be dressed smarter and differently—I saw him again on the 31st at the police-court and then recognised him—I have no doubt about him now.
Cross-examined by MR. HOPKINS. Ashton was present when I was asked to identify White on the Friday; he identified him—it was not in consequence of that that I identified him next day—I had been having a bit of a jollification on the Monday—I had been in four public-houses during the day—the printed bills I had were about the general election with my name on them, "The Great Cox for Finsbury"—I was distributing those bills, Darcy was with me, he called me "Cox" that night, but on the Tuesday he said "Arthur, have a drink, shake hands," as though nothing had happened—Ashton was with me at the George on the Monday; he spoke to Darcy and warned him not to touch me—Ashton then went out to get a cab to take me home—I was not perfectly sober, but I knew what I was about; I was not intoxicated—Ashton was perfectly sober.
Cross-examined by Darcy. My lip was cut inside by your blow—the inspector examined me—I never saw you before the 26th to my knowledge.
JULIUS GEORGE CLAPSHAW . I am barman at the George, St. John's Street Road—on Monday, 26th October, about 9 p.m., I was serving customers at the bar—I saw the prosecutor and both prisoners there—they were there when Cox came in; I saw them, one on each side of him—White was closest to the bar; Darcy was on his right—I saw Darcy strike him in the face with his right hand; that was the first thing that attracted my attention; it was a severe blow, it knocked him down—I did
not see White do anything—I immediately jumped over the bar to stop the disturbance; the prisoners got up and ran out—Cox got up and said he was robbed, and he left some little time after—I knew Darcy for some time as using the house nearly every evening—White was often there—the prosecutor's face was covered with blood after the blow.
Cross-examined by MR. HOPKINS. Cox uses the house—he had had a drop, but was quite capable of taking care of himself; he was not drunk—Darcy was down; I do not know whether he fell or was knocked down—there were several others in that compartment—the prisoners and Cox were together; the others were near the window, three or four feet off—Ashton came in just as Cox was knocked down—Spicer was knocked down in the scuffle—Cox said he was robbed of his money; I saw nothing of any robbery.
Cross-examined by Darcy. I saw you strike the prosecutor in the face, and he was bleeding from the nose—he did not come in with bills stuck round his hat followed by a mob—I did not hear him shout out "Vote for Cox"—Spicer followed him in, and paid for a small soda for him.
WALTER ASHTON . I am an engineer—I went into the George on this evening—I first saw Cox and Darcy together—I asked Cox to come out, I wanted to speak to him; he came outside with me—Darcy followed us, and said he wanted to speak to him—I said, "You can speak to him to-morrow"—he persisted in catching hold of his arm and pulling him back, and he asked him to give him a drink—Cox said yes, and went back with him—I went to fetch a cab to get Cox away—I said to Darcy first if he took a liberty with my friend it would be the worst day's work he ever did—I had not noticed White at that time—I got a cab, and when I entered the door I saw White standing on Cox's left side, and Darcy on his right up against the partition—as I walked up I saw White with his left hand in Cox's right pocket, and Darcy with his right hand in Cox's left pocket, and I saw White draw his hand away—as he did so I caught hold of him and said, "You have robbed him," and I held him, and in the scuffle he got away and ran out—I went to run out after him. when they closed in and kept me back—I went out at the other door and spoke to the cabman—I saw Cox lying on the floor; I did not see the blow struck, my back was turned to him, and I was looking White in the face—Darcy and Spicer were also on the floor—I spoke to the police that night—next night I again went to the George—I saw Cox there; I saw Darcy come in—he said to Cox, "Halloa, old chap, how are you? are you going to have half a pint along with me?"—Cox said nothing to him—Darcy then said to me, "Well, old chap, it is a long while since I had a drink with you, I should like to have it now"—I said, "Perhaps it will be a long while before you do"—he then said, "I'm off"—I said, "No you don't," and I stood in front of him till a policeman came.
Cross-examined by MR. HOPKINS. I have been in the habit of using the George for about four months; I have not seen Darcy there during that time—as soon as I went in on this night I went up to Cox and asked him to come home, because I saw Darcy trying to get his hand into his pocket—there was no hustling going on then—I caught hold of White—I did not hear or see any money; White's hand was closed—Cox did not have bills round his hat; I think I saw one—I did not hear him shout out "Vote for Cox."
Cross-examined by Darcy. Cox did not make any complaint to me about you.
ROBERT SPICER . I am a screw-maker, of 54, Compton Street, Clerkenwell—I was at the George on the evening of the 26th—Darcy was there in the early part of the evening—White was not there till 9 o'clock; they were together then—I have known Cox for the last 20 years—Ashton spoke to me, and I went and took up my position in front of the prisoners—I noticed White put his hand in Cox's left pocket—Darcy was on the right-hand side; I did not see what he did—I did not see any blow struck—I came to the ground; I do not know who hit me—three of us were on the ground, Cox was one, I did not see how he came there—the prisoners got away.
Cross-examined by MR. HOPKINS. I had been having a glass of ale with Cox—I was not sober or drunk—Ashton got a cab to take Cox home—his face was bleeding.
EDWARD GUDGEON (Policeman G 96). On the 27th I went to the George, and found Darcy there—he was given into my custody for being concerned with another man in assaulting and stealing from Cox—I told him he would have to go to the station—he said "All right; I will go with you, but I know nothing of it"—at the station he said "We had been drinking together all day, and I had not been in the house five minutes before he gave me in custody."
Darcy's Defence. I was with Cox all day, getting his bills printed and distributing them—we had drink—if I was guilty of this I should not have gone next day to the George, where I am well known.
DARCY— GUILTY .— Fifteen Months' Hard Labour. WHITE— GUILTY . *— Eighteen Months Hard Labour.
MESSRS. WARBURTON and BODKIN Prosecuted; MR. PURCELL
ROBERT JOHN WESTRUPP . I live at Alexander Villas—on 19th Oct., about 12.30 p.m., I was in the City Road, walking slowly along—at the corner of Wellesley Street a man stopped in front of me, as I thought to address me—at the same moment he snatched my watch and chain, and hit or pushed me in the chest—he then ran up a narrow turning—I ran after him—the prisoner Last was standing at the corner of Wellesley Street, and as I passed him he put his leg out and threw me down—I saw him the next night at the station—I got up and ran after the man with my watch—he ran up two or three narrow streets, and I lost sight of him—I gave 50 guineas for my watch some years ago—I picked out Last at the station from 12 or 15 others.
Cross-examined by MR. PURCELL. I saw no one at the corner but Last—he was alone so far as I could see—I had run three or four yards then—the next day I was taken to the station—a number of men were shown to me—they were a rough-looking sample altogether—Last was not dressed as he is now—some of them were shorter than Last—very few were like
him—I was asked to pick the man out, and I did so immediately—I didn't notice the others particularly.
Re-examined. I have not the slightest doubt that Last is the man.
THOMAS TRUMAN . I live at Chapel End, Walthamstow—on 19th October, between 1 and 2 p.m., I was at the corner of Nelson Street, City Road—the two prisoners passed me, and one said to the other "Now is his time"—they immediately ran across the road, and I saw the prosecutor being hustled by a third man at the corner of Wellesley Street—he ran away, and the prosecutor gave chase—at that time the prisoners had arrived over there by the prosecutor—as he was following, the third man, Last, put out his foot and tripped him up, Arnold giving him a shove at the same time—the prosecutor got up and gave chase, and the prisoners ran away—I followed Arnold to Windsor Terrace, but lost sight of him—I met the prosecutor at the top of Wellesley Street, which leads into Windsor Terrace—on the same day I went to the station and gave information—I identified Last next evening, and Arnold on the following Tuesday, from 12 or 14 others—I have not the least doubt about them—I do not know which spoke, but this remark called my attention to them.
Cross-examined by MR. PURCELL. This is not a very desolate place—a good many people were about—I was standing at the corner of Nelson Street, in the City Road, and I suddenly saw the two prisoners together—the words "Now is his time" have been left out of my deposition—I went into the library at the station first—I believe you have to pass the charge-room to go into the library—I didn't look into the charge-room—the prosecutor was not there then—when I saw these men I picked out the prisoners—I did not take much notice of the others.
Cross-examined by Arnold. You went across the road together, and were together when the prosecutor was tripped up—you pushed him as Last put out his foot—you ran down Windsor Terrace—I lost sight of you by your going round the corner—you were 30 or 40 yards in front of me.
THOMAS COLEBRAN (Policeman G). On 20th October I saw Last in a coffee-shop in the City Road—I told him I should take him in custody for being concerned in stealing a watch and assaulting a gentleman in the City Road the day previous—he said "Make it as light as you can for me, and let me have a fair chance"—I then took him to the station.
Cross-examined by MR. PURCELL. He was placed with eleven or twelve others in the charge-room—the prosecutor was not taken through the charge-room into the library when this man was sitting on a chair by himself—I did not take the prosecutor in; it was Inspector Wallace—he is not here.
EDWARD SPINKS (Policeman G 369). At 6.30 p.m. on 4th November I saw Arnold at a coffee-house in Mile Street, Shoreditch—I told him I should take him for stealing a watch and chain and assaulting a gentleman in the City Road on the 19th October—he said "No, I did not; Mr. Simpkins knows I don't work like that"—I was at the station when he was identified—you cannot go into the library through the charge-room without going through the passage first—there is a door leading from Kingsland Road—you do not go into the charge-room before you get into the library.
fetched to the station I was taken into a room, but not where the prisoners were; no one was in the room I was first taken into.
Arnold in his defence slated that it was a case of mistaken identity; that he told the constable he was at Mr. Simpkins's at the time, and said "Do you know Mr. Simpkins? he knows I don't do any work like that."
GUILTY . Both prisoners then PLEADED GUILTY to previous convictions of felony, Last at Worship Street on 29th April, 1884; and Arnold at Clerkenwell on 23rd June, 1884, in the name of Henry Thompson.—LAST*— Six Months' Hard Labour. ARNOLD**— Fifteen Months' Hard Labour.
OLD COURT.—Friday, November 20th, 1885.
Before Mr. Recorder.
MR. FRITH Prosecuted; MR. GEOGHEGAN Defended.
GUILTY on the Second Count. — Twelve Months' Hard Labour.
MESSRS. WARBURTON and BODKIN Prosecuted; MR. GEOGHEGAN Defended.
NOT GUILTY .
42. HENRY NASH (18) and CHARLES HESCOTT (19) PLEADED GUILTY to a burglary in the dwelling-house of Andrew Wade, and stealing a writing-desk and other articles, both having been before convicted. NASH— Eighteen Months' Hard Labour.
43. CHARLES HESCOTT was again indicted, with MARIA L0UISA COLWELL (18) and EMMA BURNS (19), for burglary in the dwelling-house of Edwin Adam Dana, and stealing a snuffbox and other articles, his goods, and a workbox of Mary Grainger.
MARY GRAINGER . I am servant to Edward Adam Dana, of 253, Mile End Road—on Thursday, 25th October, between 3.30 and 4 a.m., I was aroused by the police—I had been round the house the night before, when it was safely locked up—I examined the flat and found the back door open, drawers and a number of things had been pulled out, and I missed earrings, a silver snuffbox, a pair of mittens and cuffs, and other articles, and this ring (produced).
WILLIAM GILL (Detective H). I was with Clark when Hescott was apprehended in High Street, Stepney, on 4th November—he was wearing this ring—Colwell was wearing this earring when charged at the station.
ALFRED GOULD (Detective H). On the morning of 5th November I went into the room where the two female prisoners were asleep—I found this pair of mittens on the table—I asked Burns who they belonged to—she
said "They are mine"—I asked her where she got them, she said she bought them in a shop in Mile End Road; I asked her where, she made no reply—going to the station she said "Nash has done a nice thing for me"—Nash has pleaded guilty to another burglary—she said "I had only slept there three nights."
Hescott in his statement before the Magistrate and in his defence stated that the ring was given to him by a man at a public-house and that he did not know it was stolen. Colwell and Burns asserted that they knew nothing about the matter.
COLWELL and BURNS— NOT GUILTY . HESCOTT— GUILTY .
44. CHARLES HESCOTT and LOUISA COLWELL were again indicted for burglary in the dwelling-house of Emanuel Crabb, and stealing a pair of boots and other articles, his property, to which HESCOTT PLEADED GUILTY .— Eighteen Months' Hard Labour.
MR. GEOGHEGAN, for the prosecution, offered no evidence against COLWELL.— NOT GUILTY .
The Grand Jury commended Constable Gill for the intelligence he had displayed.
MR. BLACK Prosecuted.
JAMES SOUTH . I am manager at Claridge's Stores—on the evening of 28th October there was a coil of rope, about 120 yards, outside the shop, a clothes line—I received information, went outside and missed it, and saw a constable talking to the prisoner—we went up to the Halfway Houses; the constable looked in at the door there and saw the rope; he then took the prisoner—it was worth 4s. 6d.
THOMAS GASKIN . I am a carman, of St. Dunstan's Road—I saw the prisoner pick up the rope from the front of the shop and go to Halfway Cottages—I followed him, turned my waggon round, met a policeman and told him, and showed him the prisoner coming out—he took him back and found the rope behind the door.
ALFRED CRISPE (Policeman X 56). Gaskin spoke to me; I went towards Halfway Cottages and met the prisoner—I said "What are you doing here?"—he said "I have been to see a friend at the first cottage"—I said "Have you taken any clothes line?"—he said "No"—the shopman came up and called out that he had missed some—we then went to the first cottage and found the rope.
Cross-examined by the Prisoner. You were sober.
GUILTY . He then PLEADED GUILTY ** to a conviction at this Court in April, 1884, of stealing a watch.— Four Months' Hard Labour.
MR. METCALFE Prosecuted.
EMMA WRIGHT . I am single, and live at 13, Ashmore Road, St. Peter's Road—on 22nd October, about 11.20 p.m., I left the Metropolitan Music Hall, Edgware Road, and was at the corner of Harrow Road—Slater spoke to me—I had had a drop of drink; I was waiting for an
omnibus—the two prisoners and another man surrounded me, and I was pushed down on the pavement by the three, and Gordon took my purse from my hand while I was down—they took my umbrella from me, but I saw it and my purse at the station that night—I followed the prisoners, they walked sharply to Praed Street—I gave them in custody.
Cross-examined by Slater. I did not see you in the Metropolitan Music Hall—I had never seen you before—I did not ask you by the Red Lion public-house if there was an omnibus going to Harrow Road—I did not have a glass of ale with a friend at the Music Hall—I went with a constable and saw your landlady next day, and searched your place—I said at the first examination that I had lost 3s., but I could not say to a copper or two—I do not live far from your place.
Cross-examined by Gordon. I was not very drunk, and I did not come up to you and say "Have you seen my purse?"—I said that you had my purse and umbrella—I charged you both, but you got away—the landlord of the Running Horse did not refuse to serve me because I was so drunk; he is a friend of mine—I was not drunk, but I had had a glass—I was not with a lot of conductors, I was by myself.
WILLIAM WELLINGTON . I am a gas fitter, of 39, Devonshire Street, Edgware Road—on 22nd October, about 11.30 p.m., I was near the Red Lion, about three yards from the prosecutrix—I saw Gordon stop her and speak to her—she turned round and walked towards Paddington Green, and then turned back and went to the Red Lion and took out her purse while she stood on the kerb, as if she was going to take some money out or put some in—Gordon then went into the Red Lion and fetched Slater out, and they both followed her; she was then about ten yards round the corner—I followed them and saw her lying on the ground, and saw Gordon stoop down and take her purse out of her right hand and put it into his pocket and walk towards Praed Street—she followed him and said "You thief, I will lock you up"—Slater followed towards Praed Street, and at the corner of Praed Street Gordon passed the purse to Slater, who put it in his overcoat pocket—I did not see the umbrella till they were in custody—she followed them calling "Police" and "Murder"—Gordon said "Go away, woman, or I will give you in charge"—Slater was given in custody first, and she charged him with robbing her—Gordon went round Praed Street and stood by the Running Horse—Slater had the umbrella in his hand when he was taken.
Cross-examined by Slater. I went to the station, but could not get in—I did not see the prosecutrix give you her umbrella to take care of, and I was there when it commenced.
Cross-examined by Gordon. The prosecutrix was neither drunk or sober—she asked you whether you had her purse, and at that time it was in your right-hand pocket—I could pick you out from a thousand, as the man who had the purse.
LOUIS FREEMAN (Policeman D 221) On 22nd October, about 12.30 p.m., I was in Edgware Road, at the corner of Praed Street—I saw the prisoners in front and the prosecutrix behind, shouting "Murder!"—they went back; I stopped them—Gordon said "Constable, I give this woman in charge for annoying me"—she said "These people stole my purse and umbrella"—I said to Gordon "You will have to come with me to the station"—I saw Slater pushing about with his left hand in his left pocket, and the other hand in his breast, as if he had something
under his coat, and attempting to pass behind the crowd—I left Gordon, caught hold of Slater, and said "I take you in custody"—there was another man there who is not in custody—while holding Slater I noticed his hand, and saw a man come behind, who put his hand round my waist, and Slater put up his hand—he attempted to rescue Slater, but I blew my whistle, a constable came up, and Slater made a movement with one of his hands, and the purse dropped on the pavement—I said "There is the purse, you have dropped it," and picked it up—he took it from his left side pocket—when we got close to the station I looked round and saw Gordan speaking to a gentleman—I gave Slater in custody and went back and took Gordon, close to Paddington Station—the prosecutrix was a little the worse for liquor, but she spoke plainly and civilly.
Cross-examined by Slaer. You did not mention having her umbrella when I came up, I noticed it directly I caught hold of you—you said "I shan't run away." but you made an attempt to do so—I did not see a cigar in one of your hands and the umbrella in the other—I do not know whether you smoked the cigar in the cell.
FREDERICK UMBLEBY (Policeman K 429). On 22nd October I was in Praed Street, heard a policeman's whistle, went up, and found Freeman holding Slater, and another man standing near—I saw a man put his arms round Freeman and try to push him away—I took hold of Slater, he pulled his hand out of his pocket and a purse dropped from his hand, which Freeman picked up—I took Slater to the station—both prisoners said they had not stolen the purse.
Cross-examined by Slater. I did not hear any one in the crowd say "There is the purse on the ground"—you did not say "I have got the lady's umbrella"—you had not a cigar in your hand, but you had one in your pocket at the station.
The prisoners in their statements before the Magistrate and in their defences asserted their innocence.
GUILTY .— Nine Months' Hard Labour each.
OLD COURT.—Monday, November 23rd, 1885.
Before Mr. Recorder.
MESSRS. POLAND and WARBURTON Prosecuted; MR. PURCELL Defended.
JOHN O'BRIEN . I am an engineer, of 15, Nottingham Court, Long Acre—on Sunday morning, October 25th, about half an hour after mid-night, I was walking down High Street, Bloomsbury, and was thrown down on my back from behind—I looked up and saw the two prisoners over me; I felt their hands in my pockets—I said "Oh, you thieves, to rob me of my hard earned money"—one of them struck me on my nose and forehead with his fist—I was relieved of 20s., in silver, which I had in my pocket—I got the blow because I shouted out—a constable came up and seized them as they were over me—a struggle took place between them and the constable, a crowd collected and kept me back—I am quite sure about Lane—I cannot positively swear to Keefe; to the best of my belief he is the other man.
Cross-examined. I left home at 9 o'clock; I kept an appointment with a young man at a public-house in Tottenham Court Road, and then went
to a meeting of workmen at the Feathers, Warren Street—I had refreshment there—I did not kick at a door in High Street, saying the man who had gone in there had got my money—the man did not say "Go away, you are drunk"—I was not detained that night at the police-station—I said before the Magistrate "I swear Keefe is one of the two men"—the attack was very sudden and did not last long—I had never seen the men before.
Re-examined. I was not drunk—I had had a glass or two—I was conscious of what was going on—I went to the police-station afterwards without my hat, which I had lost.
DANIEL KIRBY (Policeman E 540). About 12.30 on 25th October I was in High Street, Bloomsbury, and saw Lane loitering about there for some time—I followed him up High Street—he met Keefe; they had a few words, and walked towards Oxford Street, away from me—I saw O'Brien coming in the direction of St. Giles's Church—Lane knocked him on the head with his fist, Keefe tripped him up at the same time, and he fell on his back—I was 10 or 15 yards off—I ran up; Lane was on his right side and Keefe on his left—their hands were in his pockets—they got them out just as I got up—he was struggling to get up—he cried to them not to rob him—I seized them both—Keefe said he would not go, and resisted and got away—I took my whistle out, but before I could blow it a second time, Lane pulled it from me—I threw him to the ground, Keefe came and rescued him from me, and they both got away—I caught Lane after he had gone three or four yards by the back of his coat collar—Keefe came behind him, lifted the coat up from his back, and Lane slipped out of the sleeves and ran away, leaving the coat in my hands—I threw it down and went after Lane, tripped him, and he fell at the corner of Denmark Court—Keefe pulled me down the court—another constable, Fairweather, came and caught Keefe—Lane became very violent, and made several kicks at my privates—I took out my truncheon, and told him I should use it if he showed any violence—a man in the crown held my arm while Lane took the truncheon from me, and struck me twice, once on my forehead and once on the top of my head—I held Lane till assistance came—he was very violent on the way to the station—Dr. Mill saw me—I have been off duty ever since.
Cross-examined. I was on fixed point duty at St. Giles's Church—Lane and Keefe were going in the opposite direction to Mr. O'Brien—they were rather too far off for me to see how they attacked him—they struck him directly they got to him; there is no mistake about that—I had followed them about 20 yards from the church to Denmark Court—Lane said he did not do it, and resisted; Keefe could have got away if he liked; I could not have held two—he remained to help his friend—a crowd of roughs got round us; there was a good deal of struggling and pushing; a man lost his watch in the middle of the crowd—there were a great many not friendly to the police there.
Re-examined. I have no doubt these are the two men—I never lost sight of Lane from the time I caught hold of him till I got him to the station.
JOHN FAIRWEATHER (Policeman E 139). At 12.30 a.m. on 25th I saw Kirby struggling with the two prisoners in the middle of a crowd in Denmark Court—he handed Keefe to me and said "For God's sake, don't let that man go"—I tried to get him out of the court into the street—he
struggled and the crowd helped him—I felt for my truncheon, but found it was taken out of my case—I handed Keefe over to the sergeant, and went back to look for it; my helmet was also gone.
Cross-examined. Keefe asked me what he had done—I said I didn't know—I did not hear him say "Well, I am not going for nothing."
HENRY BARRETT (Sergeant E 40). About 12.30 on this morning I was in Denmark Court, and saw Keefe in Fairweather's custody struggling—Fairweather had lost his helmet—I took Keefe out of the court—an attempt was made to rescue him—when I got him outside the court he went quietly—I took him to the station—he had been drinking, but was not drunk.
Cross-examined. He did not kick me nor ask anybody to rescue him—I said before the Magistrate that he was sober—I don't know if the prosecutor remained at the station all the night; I was only there about a quarter of an hour.
Re-examined. Keefe talked and walked rationally.
FRANK LANCASTER . I am a clerk, of 22, Camden Park Road—I was in High Street, Bloomsbury, and saw Lane and Keefe fighting the constable—Lane was doing his best to get away—the constable drew his truncheon and threatened to hit the prisoner—then some one in the crowd held his arm back—Lane took the truncheon from the constable, and struck him two blows on his head—I was under the impression that he had no helmet on—the crowd came round, and my watch and chain were stolen—I afterwards caught Kirby's helmet as it fell to the ground—I gave it to Fairweather—I afterwards saw Lane at the station.
Cross-examined. When I came up the policeman was surrounded by men fighting and struggling together—I got knocked inside the crowd—I only saw Lane for two minutes; I don't remember Keefe at all.
Witness for the Defence.
GEORGE CULLUM . I am a builder, of 32, High Street, Bloomsbury—on this Saturday night I had been out with a friend, and on going home saw O'Brien standing against my shop, with his hat off, in a very unsteady position—I went in; he began kicking at my door; I came out and asked what he wanted—he said, "You have robbed me of my hat and a sovereign"—I said, "Go away, man, you are drunk"—I shut the door and went in.
Cross-examined. He was standing against my shutters—he appeared very excited—he knocked directly I went in—I saw nothing of the struggle—it was about 12.20 when I went in—he was by himself—my house is about 50 yards from Denmark Court—I afterwards heard a row in the street, but did not go out.
GUILTY . LANE then PLEADED GUILTY ** to a conviction of felony in April, 1882.— Fifteen Months' Hard Labour. KEEFE— Nine Months' Hard Labour.
The Grand Jury commended Kirby for his courage, and the Court ordered him a reward of 3l.
MR. MUIR Prosecuted.
down about 6.50 a.m. into the kitchen, and through a window I saw the prisoner in the bank standing at one of the desks, with his back to me, with a book in his hand—I screamed; he turned and looked at me, and I then heard a crash of glass; he jumped through a window, and I saw him in a policeman's arms.
CHARLES CHURCH (Policeman G 396). On 26th October I was in Hackney Road—I heard glass break, and saw a man fall on to the pavement from No. 195—he got up and struggled with me very violently after I seized him—he threw something back into the bank; it looked like a chisel—I took him to the station; he resisted.
Cross-examined. You said I had made a mistake.
By the COURT. I charged him with breaking out of the bank—when I seized him I said, "All right, keep quiet, we will see whether anything is the matter or not"—he struggled—some one called out, "The police-man has got him"—he was charged at the station.
ARTHUR DAVIS . I am manager of the National Penny Bank, Hackney Road—on this morning I found a window broken in my office—I picked up this chisel in the Bank about six yards from the door, in such a position that it could have been thrown in through the broken window—I had never seen it before.
HENRY FAGAN . I am a cabinet-maker at 76, Weymouth Terrace—on 26th October, about 6.45 a.m., I went to my workshop and found the window open—I had left it fastened at 2.15 on Sunday—one thing close to the window had been moved; I did not miss anything—I believe this chisel is mine; I last saw it before 26th October in the rack where I always keep it—when it was brought to me I missed it from the rack.
Cross-examined. There is a window broken in my shop; they could not take anything without opening the window, but they would not have to break it—this chisel has not been used for any iron.
By the COURT. One window was papered over, and it might be cracked in one place, so that the prisoner could have got the chisel without breaking any window.
GUILTY . *— Six Months' Hard Labour.
Before Mr. Recorder.
MESSRS. GILL and POLEY Prosecuted; and MESSRS. BLACKWELL and
HENRY FRANCIS EBDON . I am a baker of 3, Willow Road, Plaistow Park—I know the defendant—on 7th August, 1885, I was in negotiation for a shop in the Leyton Road, I called on Compton and Smith the solicitors, who had the letting of the shop, who handed me this document. (This was signed "A Well-wishing Tradesman" and stated "I have been informal Mr. Ebdon has taken your shop, &c. I advise you not to let such a man enter your premises, for a greater scoundrel never existed; he never thinks of paying rent, taxes, or anything else, &c. He is always in Court once a month, &c.) I had previously received this letter (produced) purporting to be signed by Mr. Virgo; John Burns gave it to me—I did not get the shop.
Cross-examined. I have lived in Stratford nineteen years—I cannot
say how many executions I have had in my house during that time; I have had a little trouble—I borrowed some money of the money-lenders; they were a swindling lot—I brought an action before Mr. Justice Stephen and got a verdict for 150l., but I never got any money—I have been several times in the County Court on judgment summonses—I have given cheques without having the funds at my bank to meet them—I have been disappointed—I have banked for the last ten years, but I have not banked anything for the last nine or ten months; my last cheque came back about April—I have not paid eight cheques that came back; I have not been able, I have been brought into Court so much, five times before Justice Chitty and last Session here—an action was brought against me by a man named Cleveland, to whom I sold the business—an arrangement was come to that I should give him possession, but an agent sold the business before that—Mr. Lesley had his receipts written out: if Cleveland got possession on Saturday he was to have it ready—I cannot say that I got 40l. from Cleveland for the sale, as he gave me a cheque which was returned dishonoured; he also gave me some cash and a 40l. bill and some flour—he nas never had a farthing for that; the bill was dishonoured—he would have had the shop at 1 o'clock as Justice Chitty ordered if he had paid the money—my land-lord used to sign a warrant for Mr. Bradshaw, a broker; he is not a collector of rates and taxes; he used to take the money as I could spare it—I find I paid over 22l. for taxes when I was in the old shop—I know Mr. Bacon, I remember his coming to my place with an execution some years ago—I do not know that I had got a dummy broker in, saying that he came from the landlord—I have been bankrupt, I think, twice, and have arranged with my creditors once; I think I paid half-a-crown or 3s. 6d. in the pound—I was fined 40s. at the police-court when a man came into my shop, bought a pennyworth of bread, and threw it at my wife; I then threw it back, we had a fight, and I broke his ribs—the Magistrate said that it served him right, but he fined me 40s.—I did not say to Chandler or any one else that I would square the matter for 50l.; that I intended to get 50l. out of the defendant's father—Miss Virgo came to me before the last sessions; I said that I could not do anything, and we went to Mr. Waller, the solicitor—Mr. Virgo's two brothers came to me on a Saturday and offered me 25l. when the case was coming on here, and I was willing to take it, but there was 20l. to pay for costs, and I asked to withdraw the charge; and Mrs. Virgo came to me again last Friday.
JOHN BURNS . I am a baker, of 2, Ashbourne Terrace, Maidstone—on 14th May, 1885, I was with Virgo, and saw him write this note; he told me that it was to Mr. Ebdon—I cannot swear to the writing, but this is the paper—I took it and handed it to Mr. Ebdon—I believe it to be Virgo's writing.
Cross-examined. I do not remember saying at the police-court "I cannot say whether this is the letter or not"—I did not say then that I had seen him write two bills.
JOSHUA WIGLEY . I am managing clerk to Compton and Smith, Solicitors, 45, Lincoln's Inn Fields—this letter was sent to them, and I showed it to the prosecutor—I am a judge of writing, but am not an expert—to the best of my belief these two letters are in the same writing.
Cross-examined. I made inquiries about the prosecutor, and the negotations fell through in consequence.
GEORGE INGLIS . I am an expert in handwriting, employed by the Treasury—to the best of my belief these two letters were written by the same person; I have made a careful examination of them. (MR. BLACKWELL submitted that the letter was a privileged communication, and that there was no proof of any malice. MR. POLEY contended that there was no duty cast upon the defendant to go out of the way to make such a statement. The RECORDER left it to the Jury to say whether it was a privileged communication or whether there was evidence of express malice, but that he would not be guilty if he wrote it bond fide.)
The prisoner received a good character.
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. GILL Defended.
NOT GUILTY .
Before Mr. Justice Smith.
ANN JONES . I am the wife of William Jones, a stevedore, and live at 4, Arkwright Street, Canning Town—the prisoner lodged in that house—I occupied the front room upstairs, and the prisoner had two rooms downstairs, the front and back—on Saturday evening, 31st October, about half-past 6, I was sitting reading, and all at once I heard Mrs. Kelly call out "For God's sake, come down, or you will be burnt alive"—I then remember nothing more until I found myself in the street, the flames and smoke in the house were so bad—after I came to I saw the prisoner throwing water over some burning stuff in his front room; it was a straw palliasse and a straw bed lying on the floor—he put the fire out the first time, and then took a lamp off the mantelpiece and threw it on this stuff which had been burning; it was still smouldering, and that set it all ablaze again—I then screamed "Won't some one go for the police and engine?"—the prisoner then took up his basket and went out, and I saw no more of him till he was in custody—the fireman and police came and the fire was put out—at the time the stuff was burning I was not aware whether three children were in the house—the prisoner was sober, so far as I could see—I had heard him and his wife having a few words, but I took no notice of it.
Cross-examined by the Prisoner. You must have got the lamp from my room, because next morning the glass of it was found all over the landing—I didn't see you go upstairs to fetch it—I don't know how the first fire originated—I pay my rent to your wife—I am your lodger, you are the landlord.
ALICE STYLES . I live at 4, Arkwright Street, Canning Town, and am a widow—on 31st October, about 7 o'clock, my daughter fetched me to 4, Arkwright Street—I went there and found that two of the children
had been taken out of the house by some men, and that my child, aged five, was in bed—I took him by the fingers and threw him to somebody on the stairs, and how I got down myself I don't know, the smoke was so bad—the children's ages were one 8, and one 5, and my own aged 5—there was only my own child in the back room Over the kitchen when I got there, and I ran upstairs and got him out—the firemen put the fire out.
WILLIAM JONES . I am a stevedore, and live at 4, Arkwright Street, Canning Town—on 29th October, between 1 and 2 in the morning, I heard something smash, and the prisoner's wife call for help, and "For God's sake is anybody in the house who can come and help me?"—I never left my bed, and I then heard something break again, or a sound as though something was broken, and the prisoner's voice say "You b—old c—, I will burn you alive"—I live in the room over them—the prisoner is my landlord.
Cross-examined. I know nothing about the fire, I was not in the house at the time.
WILLIAM JONES . I am Superintendent of the Fire Brigade at Barking Road—on 31st October, about 20 minutes past 7, I received a call for Arkwright Street—hearing there were children in the house I did not wait for the engine, and got there as quick as I could—I found the front room downstairs on fire, and I noticed a whole heap of packed-up bed and bedding between the fireplace and the bedstead on fire, I and my firemen put it out—the floor was slightly damaged—if it had not been put out the house would have undoubtedly been damaged—I did not see the prisoner.
GEORGE POMEROY (Police Sergeant K 20). On Saturday, 31st October, about 7 o'clock, I went to 4, Arkwright Street, and saw a fire in the front room—the window wan broken, and I saw bits of bedding smouldering in different parts of the room—there was a strong smell of paraffin—I put the fire out, and the children were taken out—I did not see the prisoner there—his wife made a statement to me.
Cross-examined. She said: "My husband was lying down on the bed; he said 'You b—, I will burn the b—place down about your ears;' he got out of bed, took the pillow from the bed, put the end of it on the fire, and when it was ablaze, threw it on to the bed; he helped with some neighbours and put out that fire with some water; about five minutes afterwards he pulled the contents out from the mattress, straw and things, broke up the bedstead, pulled it all together in the centre of the room, took the paraffin lamp off the mantelpiece, and threw the burning lamp on to the heap, and the whole became in a blaze." The wife said the mother urged him on to do it—she did not say why.
PAUL HALLMARK (Detective). On 1st November, about half-past 3, I went to Woolwich, and saw the prisoner there, and charged him with setting his house on fire—he said "I am an innocent man"—I then took him to Plaistow Station—while the inspector was investigating the charge, he said "I did not throw the lamp; I tried to put the fire out."
ALBERT GODFREY (Policeman K 510). On 2nd November the prisoner was in my charge at West Ham Police-court—his wife came to see him—she said "Well, Kelly, I will get home now"—he said "All right; it is no use your waiting here; come here when I come up and say that you accidentally upset the lamp and set it on fire"—she replied "Policeman,
you hear that?"—I said "Yes," and I made a note of it—then she said "He wanted me to say that when he is brought up on remand to get himself out of it and put me in."
Cross-examined. As I was conveying you to the gaol you said "I am an innocent man; I did not set fire to it"—you did not say your wife set fire to it.
The prisoner in his defence asserted his innocence, and stated that if he had set it on fire he should not have put it out again.
GUILTY .— Four Months' Hard Labour.
The Jury stated that they were of opinion that the prisoner, being drunk, had no motive in what he did.
MR. CULPEPER Prosecuted.
JAMES MILLER . I am a labourer—on 12th October I was lodging at 70, Robertson Road, Stratford, with the prisoner, who slept in the same bed with me—I had a Geneva watch, gold chain, and 2l. 4s. 6d. looked in my box by the side of the bed when I went to bed about 11—next morning the things were gone—I told the prisoner; he did not say anything—I went to the station and reported it—on 20th October I saw the prisoner with two constables in the room—I asked him where he got the street door key from that he had got in his pocket—he made no answer—I asked him where ho got the watch from—he said "That wasn't your watch"—he would not tell me where he got it from.
GEORGE WEBSTER (Policeman K 106). On 20th October, about 10 o'clock, I was called to 7, Robertson Road, and the prisoner was given into my custody for stealing a watch and chain and 2l. 4s. 6d.—I told the prisoner the charge—he turned to the prosecutor and said "It was not your watch I had "—I took him to the station—I found this watch in his pocket.
The prisoner in his defence stated that he thought the prosecutor must have put the chain in his pocket, as it was not there before.
GUILTY .— Eight Months' Hard Labour.
MESSRS. LLOYD and WILKINSON Prosecuted.
CHARLES ROGERS . I am a pork butcher at 237, Old Kent Road—about 7.30 p.m. seven or eight weeks ago the prisoner came for two pork chops, which came to 7 1/2 d.—he gave me a bad florin—I bit it, and cut it in half with a knife—one half I gave the prisoner, and the other was thrown on the floor and lost—the prisoner then gave me a good florin—I saw him at Greenwich Police-court last week, and identified him from nine or ten others.
Cross-examined by the Prisoner. I did not want the bother of prosecuting you at the time—I am subpoenaed now.
Malpas Road, Brockley, and I attend to the bar—about 2 p.m. on 10th October the prisoner came in for a half of mild-and-bitter, and offered a bad half-crown—I gave it to my husband, who questioned the prisoner.
JOHN QUY . I keep the Duke of Edinburgh, Brookley—on 10th October my wife made a communication to me, in consequence of which I went to the bar and asked the prisoner if he had got any more half-crowns like that about him—he said "No"—after putting several questions I got from him where he lodged—I told him I should lock him up—this is the coin.
Cross-examined. You said that you knew nothing of that coin being bad—you said what your business was, and that you were going to Greenwich.
HERBERT BAKER (Policeman R 450). I took Whelan at the Duke of Edinburgh, and told him the charge; he made no reply—on the road to the station he said it must have been given him last week, as he was discharged for keeping bad hours—I found on him a florin and 6 1/2 d. in bronze—Mr. Quy gave me two bad half-crowns.
JAMES HIDER (Detective P). On 12th October I saw the prisoner at Brockley Station—he made a statement to me, in consequence of which I went to the address he gave, and came back to the station, where a further statement was made and taken down.
Cross-examined. You gave a right address—I went to Messrs. Castell and Browne's, and found you had rightly stated it.
The prisoner in his defence stated that he was working at Castell and Browne's till 7 o'clock on the evening the first coin was uttered, and denied any guilty knowledge of the second.
NOT GUILTY .
55. GEORGE GOLDSMITH (19) PLEADED GUILTY ** to burglary in the dwelling-house of Joseph Haslett, and stealing one pair of socks, a guernsey, and 4s.; also to breaking into the same house upon another occasion, and stealing a guernsey; also to a conviction of felony in July, 1885.— Twelve Months' Hard Labour.
Before Mr. Justice Smith.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. LILLEY
ADA SPINSBY . I live at 7, Chadwell Court, Green Street, and am a barmaid in Westminster Bridge Road—I am 18 years old—the deceased was my father; he was 38—on Friday, 23rd October, about 3 o'clock in the afternoon, I went home—my father was sitting by the cupboard door drunk and asleep—my mother was there—during the afternoon and evening my father was to and fro at a public-house—about 7 o'clock he smashed all the pictures—we were frightened of him, and my mother and sister and I went out into the court for the rest of the evening—about half-past 12 or a quarter to 1 o'clock I was at the top of the court alone, and the prisoner, who I knew as a neighbour, came from the
public-house opposite, came over to me, and asked how I was getting on—as he was talking to me my father passed, and then returned and made to strike me—the prisoner said, "If you strike her I will strike you"—father then went in—I wanted to get my clothes and leave the house, and in consequence of what I said to the prisoner he went with me—I went in to get my clothes, leaving the prisoner standing at the door—my father came to the door and pushed him out, and told him to go away from his b—door, and he said I should not have a thing out of the house—the prisoner returned to the door, and my father pushed him out and said, "Come out and fight me like a man"—they went into the court and fought, a stand-up fight—I said to the prisoner, "Bill, give him a b—good hiding for what he has done to me"—my father struck the first blow—the prisoner got his legs round my father's legs and pushed him to the ground; he fell on his back—the prisoner struck him one severe blow over the right eye when he was down—I dragged the prisoner away—he remained with me a few minutes at the bottom of the court, and then went in the direction of his own house—I did not return home that night; I stayed in a washhouse all night with my mother, sister, and brother—my sister Elizabeth picked my father up and took him into the house—we were frightened to go in—I next saw my father on Saturday evening; he passed me as I was standing at the top of the street—I noticed a scar over his eye—I believe he died on the 29th; I did not see him die—he did not know the prisoner; there was no ill-feeling between them that I know.
Cross-examined. We were frightenod of my father; he threatened to set fire to us; he had threatened my mother—I believe he was indoors during the night—he was a great drunkard, and he and my mother lived very unhappily together in consequence; he has been three times convicted of assaulting her—when drunk he was very quarrelsome indeed—the fight took place in the court just outside the door—I was standing there—there was a light in the room which opens into the court; there was no light in the court.
ELIZABETH SPINSBY . I lived with my father, mother, and sister in Chadwell Court—on the Friday night, at a quarter to 1 o'clock, I heard my father tell the prisoner if he did not get away from the door he would push him outside—he struck the prisoner and said, "Come out and fight like a man"—they fought outside the door; they exchanged blows—the prisoner caught my father round the neck, and pushed him down, and struck him three times on the face as he lay on the flat of his back—I could not see anything in his hand, because it was very dark—I helped pick my father up; I took him indoors, and saw that he was pouring with blood from over the eye—he turned us all out, and would not let us go in—I did not see any more of him till he came out into the court and said if we came in he would set us all on fire—I saw him next morning; he had a little bit of blood over his eye, he had not washed himself—he became ill, and died on the following Thursday.
Cross-examined. On the Thursday he was quite sober, on Friday he was drunk—there was no scratch over his eye on Wednesday—there was no row till Friday—my sister Ada wanted her hat and jacket to go out—we were out all night without hat or jacket, and were in the washhouse—I did not wash my father's eye, I left it as it was.
of the deceased—he had been using bad language to me on this after-noon—about a quarter to 1 o'clock I saw the prisoner outside the door, my husband told him to go away—he came a second time, and my husband pushed him away and struck at him—when they got outside, my husband struck the first blow, then there was a fight—I saw the prisoner put his leg round my husband, and he hit him a severe blow; he fell to the ground, and he punched him a severe blow in the eye when he was down—one of my daughters assisted him up and took him in; he was bleeding from the eye—we passed the best part of the night in a wash-house—we were afraid to go in—next day I saw my husband, he was out and about the streets; he went out several times to the public-house—he then had a cut over his eye—he took to his bed on Sunday and died on the Thursday following—on the night this took place he was not drunk, I think he had been drinking.
Cross-examined. All Saturday he continued to go backwards and forwards to the public-house—he has been three times convicted of assaulting me—he had frequent quarrels with myself and daughters—there was no light in the court, there was a small paraffin-lamp on the table in the house.
GEORGE SELMARS (Policeman M 342). On Saturday, 24th October, about 1 p.m., I was on duty in Green Street—I heard a disturbance in Chadwell Court—I saw the deceased standing at the bottom of the court bleeding from a cut over the eye—he spoke to me—I saw that he was very drunk indeed—shortly afterwards the prisoner came down the court with Ada Spinsby—I asked him if he was the man that had struck the deceased—he said "Yes, he struck me and I struck him back"—he appeared to be sober; he might have been drinking a little—I afterwards went to the house, and found that everything that was breakable was broken.
Cross-examined. I said before the Magistrate that the deceased was mad drunk, and he had a cut over the eye, which was bleeding a little—I have seen the prisoner once or twice before—I have always heard that he was a respectable young man.
JOHN JOSEPH STACK . I am a surgeon, at St. George's Circus—on Sunday morning, the 25th, about 12 o'clock in the day, I saw the deceased at his house—he had erysipelas, beginning in the forehead; there was a clean cut wound over the left eyebrow, with some matter cozing from it, that was the cause of the erysipelas—I attended him till he died, on the following Thursday.
Cross-examined. The wound was more than a scratch—a rough man's finger-nail might possibly have caused it—in a person habitually drunk erysipelas would be more likely to supervene.
JOHN ALEXANDER . I am a surgeon, of 45, Trinity Square, Southwark—on 29th October, about a quarter past 11 at night, I was taken by Sergeant Harvey to see the deceased—he was sitting up in bed, slightly delirious—he was suffering from erysipelas of the face—I did not notice the wound at that time—his right eye was completely closed, the left eye was a little red, and there was a slight discharge from both eyes—I felt his pulse, he was evidently sinking rapidly—I asked him his name; he said "Spilsby" at first—he was sufficiently conscious to understand what I said—I said to Harvey "This man is dying; if he is going to make a statement he had better do so at once"—he sent for Inspector Robinson,
who came and took down his statement—I said to the deceased "Can you tell us how this happened?"—he said "Yes, I think I can"—the sergeant asked him if he believed he was dying—he said "Yes"—the statement was read over to him and he made his mark, and I signed it, and so did Harvey and Robinson—he was in a sinking state when I left, and died very shortly after—I made a post-mortem on the 31st—death was due directly to erysipelas, caused by the wound over the eye—it was three-quarters of an inch long on the surface of the skin, and half an inch through the substance of the scalp—it was a clean cut incised wound, and oblique—it could not have been caused by a blow of the naked fist, or by the knuckle—if the man was wearing a ring, that might have done it; or it is not impossible that a labouring man's strong nail might have done it.
Cross-examined. His words were "I believe I am dying;" not "I am afraid I am dying"—I don't think I said so before the Magistrate.
GEORGE HARVEY (Police Sergeant). I went with Mr. Alexander and the inspector and saw the deceased—the prisoner was there—I took him in custody, as the doctor said the man was dying—he came into the room, sat down on the bed, and put his hands to his face—he appeared to be very sorry—before the deceased's statement was taken I said to him "Are you afraid you are dying?"—he said "I am afraid I am dying"—I then said "You may tell us all about it;" and the inspector took down the statement, and the man put his mark to it, and I signed it—I did not know the deceased before—I have known the prisoner for some years as a respectable labouring man.
Cross-examined. I first asked the deceased his name, age, and occupation, and then if he was afraid he was dying—I did not ask him questions as to the occurrence—I let him make his own statement, and it was taken down as he said it.
GEORGE ROBINSON (Police Inspector). I was present, and took down the statement which the deceased made—I read it over to him, and after he had made his mark I asked him if he knew what he had done—he said "Yes, Sir"—he became delirous just as I finished writing down.
MICHAEL DONALIN . I live at 4, Chapel Court—I knew the deceased by sight, but never had any conversation with him till the night of his death—I was by his bedside when he died—I was there before the doctor and police came—I said to him "Cheer up, old chap; by God's help you will get over this"—he said "No; they have done for me; I am dying"—that was not above three or four minutes before the doctor and police came—I then left by tho doctor's orders—he died about five minutes afterwards.
MR. LILLEY submitted that the evidence did not warrant the admission of the statement as a dying declaration. Mr. Justice Smith being clearly of opinion that it was, it was read as follows: "Frederick Spinsby, age 45, rag sorter. I am afraid I am dying. About half-past 9 or a quarter to 10 on Friday Ada Spinsby rushed up and said 'I will b—well get some one to pay you to-night;' and this fellow I don't know came up outside my door. On Thursday night he had struck me with some sharp instrument, and on Friday night ho rushed up and struck me twice in the same place with his fist. He then went away. On the Saturday morning my head began to swell."
NOT GUILTY .
There was another indictment against the prisoner for a common assault, upon which no evidence was offered.
NOT GUILTY .
57. JOB LEIGH (18) PLEADED GUILTY to a burglary in the dwelling-house of Arthur Lynes, and stealing a coat and waistcoat value 30s., and to having been before convicted. Several other convictions were proved against him. — Eighteen Months’ Hard Labour .
MR. LILLEY Prosecuted.
GUILTY. — Ten Years’ Penal Servitude.
Before Mr. Recorder.
59. EBENEZER MATTHEW REYNOLDS (32) and FLORENCE WAKEMAN PLEADED GUILTY to unlawfully conspiring to obtain a situation as barmaid for Wakeman by false representations; Reynolds also PLEADED GUILTY to stealing a ring, value 7s., of Frederick Higley Inman.— Judgment respited.
NOT GUILTY .
WILLIAM BRIDGES . I am a labourer, of 110, Compton Street, Walworth—on October 6th, about 10 p.m., I went into a public-house in the Brough Road—I had been drinking, but I knew what I was about—the prisoner and another man were there—they asked me to stand a quart of beer—I did so, and left shortly afterwards—I had two half-sovereigns in one pocket and 8s. in another safe 10 minutes before I left—I was tripped up as soon as I got out, and the prisoner fell upon me, and struck me on my face, causing a bruise, which I felt for two or three days afterwards—he took the money out of my waistcoat pocket and my overalls pocket—I held him, and the others ran away—I gave the prisoner in custody.
Cross-examined. I gave evidence at the police-court next morning—the case was not put back for half an hour that I might be sufficiently sober to give evidence; nothing of the sort occurred—I had a little drink on the day I was robbed, but only ale—I was not ordered out for creating a disturbance—I don't think I told the Magistrate that the prisoner struck me a violent blow—I had precisely 8s. in my trousers pocket—I counted it 10 minutes before—it was the prisoner who tripped me up; I saw him and held him.
AMOS UNDERHILL (Policeman M 253). On 6th October I was on duty in the Borough Road, and saw the prisoner and a man not in custody attack Bridges, who resisted—I crossed the road—Bridges was on his back, and the prisoner had his hand on his breast holding him down; the man not in custody was standing about two yards from him—the prisoner had his back to me, and I put my arms round his waist, and saw him take his right hand out of Bridges' left-hand trousers-pocket—he
looked up and said "What is the matter?"—I made no answer—Bridges said "Hold him, he has robbed me," and got up and gave him in custody—he said that he was picking Bridges up—Bridges was under the influence of drink; the prisoner was quite sober—2 1/2 d. was found on him—the other man ran away.
Cross-examined. I was in uniform—I was fifteen yards off when I first saw them—the other man was not attacking Bridges.
The prisoner, in his statement before the Magistrate, said that he had been drinking all day with Bridges, and assisted him to walk, as he was very drunk, and fell, and he fell upon him, and that he only had 10d. when he came into the public-house.
GUILTY of robbery without violence. He then PLEADED GUILTY to a conviction at Newington in October, 1884.— Fifteen Months' Hard Labour.
MR. BESLEY Prosecuted; MR. FILLAN and MR. BLACKWELL appeared for
Burkhill; and MR. RICHARDS for Seymour.
WILLIAM STRICKLAND . I am general manager to John Rose, the owner of more than three public-houses, two of which, the Holywell and the Jane Shore, at Deptford, I superintend—Seymour has been in Mr. Rose's employ four or live years, first at the Holywell and then the Jane Shore—he went there about two years ago—I then told him he was not to give characters to barmen, but to refer them to me—I have an office at 48, Whitechapel—Seymour was manager of the Jane Shore—Burkhill was employed at the Holywell for a week or two—this book (produced) is kept in the ordinary course of business and under my control—Burkhill entered the service at the Holywell on 6th December, 1882, as barman, and on 21st December he was transferred to the Jane Shore—he left there on 23rd January, 1883, and went to the Pilot, another of Mr. Rose's houses, and was there until 15th February—after that he was at no other house of Mr. Rose's—he was not employed at the Jane Shore after 23rd January, 1883—no reference was ever made to me for his character, either by Seymour or Burkhill himself.
Cross-examined by MR. RICHARDS. During the time Seymour has been in our employ he has only managed the one public-house; he was not allowed to answer any inquiries as to characters—he was allowed to answer inquiries as to what goods were required—I gave him instructions eighteen months or two years ago not to answer questions as to servants under him—he was not allowed to engage potmen—if he found any fault with them he would have to refer to me before discharging them—one of the managers who has not been there so long as Seymour answers inquiries as to the servants—during the time Seymour was in my employ he was a faithful servant—there was no imputation against his character.
Cross-examined by MR. BLACKWELL. Burkhill was at three houses altogether in a little over two months—he was at the Holywell fifteen days, and was moved because they wanted assistance at the Jane Shore—he was there a month and two days, and he was then transferred to the Pilot—he was there till the house closed on 15th February—we then had no more employment for him—I don't remember telling him we
would give him another situation when the alterations were completed if there was room for him—I won't swear I did not.
THOMAS JOHN WAKLEY . I keep the Black Horse and Crown, High Street, Borough—at the end of December or beginning of January I advertised for a barman, Burkhill answered—he gave the name of Frank Burkhill, and said he had been living at Mr. Rose's house, the Jane Shore at Shoreditch—I said "I know the manager at the Jane Shore, and will go and hear what he says"—he said he had been there seven or eight months—I asked him when he left, and he said two or three months ago—I asked him the reason for his leaving, he said it was on account of the death of his father; he wanted to go down and settle up the affairs, mentioning some place in the country—I said I would go to Mr. Rose—he was to call again in the evening—I went and saw Seymour at the Jane Shore, and told him I came with reference to a barman's character—he said he had seen the advertisement in the paper and had told him to call and see me; he thought he was just the sort of man for me, and that he was very sorry to part with him—I said "How long was he with you?" he said "Between seven and eight months, and he left to go into the country two or three months ago at his father's death "—I said "Have you given him any other character?" and he said "No"—I saw Burkhill in the evening and told him to come in next day—but for the statements made by the two I should not have engaged him—he came on 4th February, and on the 25th I told my manager to discharge him—he was paid two weeks' wages in lieu of notice, as when we took stock there was a great deficiency, and the receipts were considerably short.
Cross-examined by MR. RICHARDS. I knew Seymour long before this as a manager of one of Mr. Rose's houses; I had a brother of his as barman—when I went to see him I did not use the word "reference"—I said "I come for Burkhill's character"—I can positively say that he did not say that he had left two or three years—this conversation was over the bar, and lasted about ten minutes—I made a record of it on a paper, which was afterwards thrown away.
Cross-examined by MR. BLACKWELL. I think Burkhill applied to me in January; it might have been quite at the end of December, it was after Christmas—I was in Wardour Street when he applied, standing at the bar; two or three customers were there besides, and two or three other persons were serving—I had no intention of sending him to my house in Wardour Street, and never mentioned it to him—I am quite sure he said he had left two or three months, and not two or three years.
Re-examined. I should not have thought of going for a man's character if he had left two or three years—I advertised for a man, and the applicants had to come to Wardour Street.
GEORGE HOCKLEY . I keep the Swan, Old Kent Road—about 10th July I advertised in the Morning Advertiser for a barman; they were to apply at the Swan—Burkhill came, and gave his name Frank Burkhill—I asked him how long he had been out of employment—he said three months—I then asked him how long he had been in his last place, and he said eight months—I said "Where?"—he said "At the Jane Shore, Shoreditch," he had left on account of his father's death—he did not mention Mr. Wakley's name—I asked him who I was to see about his character, and he said Mr. Seymour, manager at the Jane Shore—I said
I would write to him if his character was satisfactory—I went and saw Seymour and asked him how long Burkhill had been in his employ—he said "Eight months"—I asked him how long ago he left, and he said three months—I asked him if he would give him a good character for honesty and sobriety—he said he was very good in every respect, and that he left on account of his father's death—on that I engaged Burkhill—he entered my service a few days after, and remained with me one month; I then discharged him without notice—he asked why—I said "You must have made a mistake, I advertised for a barman, not for a partner; here is a week's wages in lieu of notice"—three of my men had seen him robbing me, and I saw him putting my money into his pocket instead of putting it into the till.
Cross-examined by MR. RICHARDS. I visited Seymour in the afternoon; I might have been with him about ten minutes—this conversation took place in front of the private bar, no customers were there—I am sure he said he had left two or three months—I did not know that Mr. Rose had any other house besides the Jane Shore.
Cross-examined by MR. BLACKWELL. After I was informed that Burkhill was robbing me I waited to see him myself, and I saw him take money of a customer, and instead of putting it in the till he put it in his pocket—I did not then ask him to give the money up; I cherged him then and there—I had a manager named Gill, he left me and is in my employ again—he was one of the men who told me.
Re-examined. If he had said he had left his last plane two years ago I would not have taken him.
Cross-examined by MR. BLACKWELL. I was with Mr. Hockley four months the first time; I then left him and was out of employment, and since then I have been taken on again—I have seen Burkhill taking money frequently; I can't say every day, or how many times a week; he commenced it about a fortnight after he came—I do not remember when he was discharged—I told him to go into the parlour and see the governor, he did so, and was there and then discharged—the parlour is at the end of the bar—I don't think anybody was with Mr. Hockley in the parlour; he was there about five minutes—there were three other barmen with Burkhill besides myself.
HENRY ELEMING . I am manager to Mr. Fleming, of the Hercules public-house, Westminster Bridge Road—at the beginning of August we were in want of a barman—Burkhill called on me; he gave the name of rank Burkhill, and said he had come after my situation—I said, "Where have you been living last?"—he said, "At the Jane Shore, Shoreditch"—I said, "How long have you been there?"—he said, "Eight months"—I said, "What did you leave for?"—he said, "On account of the death of my father"—I said, "How long is it since you left?"—he said, "About eight weeks"—I asked him if I could call at the Jane Shore for his character, and told him I would write alter I had been—I went there and saw Seymour, and told him I had come for a reference of a man named Burkhill—he said, "Step round"—I did so, and he then said he had left a few weeks ago on account of his father's ✗th—I said, "Is he thoroughly honest and sober? as I want him as
head barman over four more"—he said, "He is a thoroughly good man, just fit for the job"—upon that I engaged him—I did not know that he had been at Hockley's or Wakley's—he entered my employment on 13th August—Mr. Whiting, a licensed victualler, made a communication to me about 5th September, in consequence of which I went to the police, and some marked money was passed over the bar—on 10th September the prisoner was called in and asked to turn out his pockets—he did so, and had 5s. or 6s. in them, but none of it was marked—I then said to him, "I have been robbed to a considerable extent, but you are too clever for me; I have been trying to catch you; I shall discharge you to-morrow morning; as I am already a hand short, go and finish your work to-night"—after that he brought an action against me in the County Court for wrongful dismissal, which was adjourned in consequence of the criminal proceedings—while he was in my employ the takings fell 50l. or 60l. in one month, and after he left they went up 52l., going back to their original amount.
Cross-examined by MR. RICHARDS. I knew Seymour by sight before this; I had a brother of his in my employ—I believe some managers do give references.
Cross-examined by MR. BLACKWELL. I did not when he first came complain about the takings falling off, and say I thought it was because so many people were at the seaside—I put some detectives on, and marked some silver coins—I found none of them on Burkhill—another man was also asked to turn out his pockets—I discharged him and Burkhill the same morning—Burkhill then commenced an action in the County Court against me, and I told the Judge that he had entered my service with a false reference, and that I had a detective waiting for him—he was taken there, and then a warrant for his apprehension was issued—when I got to the station I did not hesitate to charge him—I said he would be charged with stealing copper money—he was seen to take two handfuls of copper money out of my till and hand it over the bar—it was not a mere coincidence that I arrested him at the County Court, I had made up my mind to do so a week before—the inspector at Kennington Road Police-station said he could not detain Burkhill without a warrant—I then obtained one at Lambeth Police-court, and he was arrested by Detective Gray—the officer said he could not detain him without a charge, and I charged him there and then.
Re-examined. Mr. Whiting's information was with reference to the copper money on September 5th.
HENRY WHITING . I keep the Station Tavern, Beresford Street—about the first Wednesday in September I went into the Hercules, Westminster Bridge Road—Burkhill was behind the bar—directly I entered I saw Burkhill pass to a woman what appeared to be some port wine warm, and as no money was passed in payment for it I watched, and saw Burkhill go to the copper-bowl and arrange what appeared to be at least 4s. worth of coppers in his hand and pass them over the counter to the woman; as he did so I noticed it was bronze money—I afterwards gave information to Mr. Fleming—he arranged the coins consecutively in his hand, and as soon as they were in a row he passed them over the counter—no counting was done by the woman—I am quite sure she had not given him any money.
Cross-examined by MR. BLACKWELL. I live over a mile from Mr. Fleming's
house—I am no friend or acquaintance of his—I am in the habit of going opposite there for oysters for my wife, and then I go into the Hercules—this was between 10.30 and 11 p.m.—several persons were in the bar—this arranging of the money was done in a few seconds; if they had not been put into shape he would have dropped them in handing them to her; she concealed them as quickly as possible—she might have given him some money before I went in, but it is not the custom to pay for goods before delivering them over the counter.
FREDERICK GRAY (Detective L). I was first spoken to about Burkhill on 4th September—some money had been marked on September 2nd and passed over the counter—on 10th September I was present when Burkhill was asked to turn out his pockets—five shillings and ten six-pences had been marked, and out of that 5s. 6d. was missing from the till—no marked money was found on him—I took him in custody on 19th October, about 11.30, at the County Court—there was no warrant out for him then—I said "I shall take you in custody for stealing, about seven weeks since, a quantity of coppers, the property of Mr. Fleming, and you will also be charged on a warrant with Seymour, for conspiring to obtain situations by false characters"—he said "All right, I can prove where I got my character from"—on the way to the station Mr. Hockley was outside, and Burkhill said "What is the landlord of the Swan, Old Kent Road, here for? he don't know me, I was never in his house in my life"—I said "He is here to prove you were his barman, and he discharged you for stealing money"—I afterwards went to the Holywell, at Shore-ditch, found Seymour, and read the warrant to him—he said "It is a bad job, we have got no one to blame but ourselves"—the warrant mentioned Burkhill's name and his own—the charge was read over to him at the station—he made no reply.
Cross-examined by MR. RICHARDS. I did not say as I was getting into the cab with Seymour "I am very sorry for a young fellow in your position to get into this trouble; it is not for me to advise you what to do, but I should throw myself on the mercy of the Court and plead guilty"—I had not been instructed by Mr. Wakley, Mr. Fleming gave Burkhill in custody.
Cross-examined by MR. BLACKWELL. I was taken to the County Court by Mr. Fleming and arrested Burkhill—I had no warrant then, I arrested him for a felony—I had been to the Court to speak about the warrant in the morning—Mr. Fleming intended to lock him up a week before, but as we did not know where he was living, we allowed him to go and state his case before the Judge—there was a charge against the woman Newman of receiving the money over the counter—I arrested her, and she was discharged by the Magistrate—while I was keeping observation I saw her in Mr. Fleming's house.
GUILTY on the first, second, seventh, eighth, thirteenth, and fourteenth Counts. BURKHILL— Twelve Months' Imprisonment. SEYMOUR— Four Months' Imprisonment.
MR. CARTER Prosecuted; GEOGHEGAN Defended.
house, and no one else that I know of—a person was employed to work for them, but I do not know that she was in the house at the time—we rented our rooms of the prisoner's husband—I have paid her money for rent, and received these two receipts (produced)—this post-office under is not signed by me—comparing it with the receipts, I believe it to be the prisoner's writing—I have seen her write several times—we removed from there on 21st Oct., to Lewisham, and on the 22nd I received a letter from Mr. Wood, in consequence of which my husband went to inquire about the post-office order, but we never received it.
Cross-examined. This signature is not the least like my writing; I should say it is the prisoner's, slightly disguised—she has often seen me write, and knew my writing—she had none of my writing in her possession Mrs. Dixon was the person who came to work—I do not know that one of the windows in the breakfast-parlour was broken—I used to leave my letters and things about.
JOHN JAMES ROWLEY . I live at 117, Algernon Road, Lewisham—I have seen the prisoner write, and believe the signature to this post-office order is her writing—it is not my wife's—we had apartments in the prisoner's house, and when we left only the prisoner and her husband were living there—I heard through Mr. Wood that a letter with a post-office order had been posted to the old address, and called at the prisoner's house and said "Have you seen a letter addressed to my wife?"—she said "No, my husband has been to call at the post-office about it, and has not heard anything about it"—she denied having seen it, or knowing anything about it—I met her on the 30th in the street, and asked her again if she had seen the letter—she again denied it—I said that I should have to give her in charge, and did so—she said "I have been to the house on several occasions," meaning the house in Mostyn Road—after she was given in charge she said "I went to the post-office about the letters, my husband did not"—the order bears the stamp of the 23rd.
Cross-examined. I was not in Court while my wife was examined—the prisoner may have slightly disguised her hand, but not much; this receipt is very much like her writing, especially the capital letter "R" and the "w"—I do not think those are disguised—I understood that the house was empty after the prisoner and her husband left, but I do not know whether it was empty at the time the letter was supposed to have been delivered.
WILLIAM HENRY WOOD . I am a joiner, at Park Street, Woolwich—I obtained an order for 6l. 19s. 4d. at the District Post Office, and enclosed it in an envelope with a letter to Mrs. Rowley, 73, Mostyn Road, Brixton, supposing that to be still their address—I afterwards received a letter from Mrs. Rowley, and then became aware that their residence had been changed—I then wrote a letter informing her that I had sent the order to her old address—this is the order (produced)—it is stamped as paid on the23rd—it is not signed the same as I made it payable.
JOHN SEAR . I am an accountant, of 23. Holborn Viaduct—I have had a good deal to do with handwriting in bankruptcy—I am the owner of 73, Mostyn Road—the prisoner and her husband were my tenants there—before the 20th October I could not get my rent—I knew that they were in very great poverty at that time, and I had much communication with them—on 5th October I put in a distress, which left the
house bare of furniture, and they removed, keeping the keys—I do not know to this day where they went, and I do not think the police do—I received these papers (produced) from the prisoner—I have selected them—they are in her writing—the signature to this post-office order resembles her writing very much indeed, and I have no doubt in my own mind that it is hers—I know her husband's handwriting; it is not at all like his.
Cross-examined. I saw the prisoner write once, and I have compared it with this signature, and it leaves no doubt in my mind—a bill, "To let," was put up at the house—I am subpoenaed—I went to see Mr. Bailey, and from what he said to me, he was subpoenaed—I did not know that there was a broken window in the house—I believe there is a person in possession now—I do not know how they got in—I do not know that the keys were missing.
JOHN FOUNTAIN BAILEY . I live at 98, Lothair Road, Camberwell—I know the prisoner—on 22nd October I met her in Camberwell New Road, and said she owed me some money, and having seen that the house in Mostyn Road was to let, I asked her address—she said "73, Mostyn Road"—I said "You are wrong"—she said that she still lived there—I said "It is impossible; the place is to let, and I am determined to follow you home"—she said that she would go back and sleep there—I said "You can't do that; there is no furniture"—she said "I will sleep on the bare boards"—I gave her in custody—she then gave her address at Bessborough Gardens, Pimlico—she was then about a quarter of a mile from Mostyn Road—I have been subpoenaed.
Cross-examined. I wanted to get her address to get money from her husband.
GEORGE HAMPTON . I am overseer in the Stockwell Sorting Office, Brixton—on 17th October, about 1.30 p.m., the prisoner came there and told me the house had the words "To let" written on it, and she was afraid, in consequence of that, that letters would be sent to the return office, to avoid which she wished all the letters to be still delivered to the house—I acted on those directions, and letters were still delivered there.
STANLEY SHEPHERD . I was clerk in the post office, 193, Brixton Road—this order payable at that office, and bearing the stamp of the office, October 23, was brought there by a woman about the prisoner's height—she came alone—the signature was filled up—I handed her the cash, and she went away.
Cross-examined. I was asked to identify the prisoner at the police-court, and picked out another woman—I do not remember that the person who cashed the order was shorter and stouter than the prisoner—I said "I cannot identify the prisoner as the person who cashed the order"—the person who I picked out the police-court was shorter and stouter than the prisoner.
Re-examined. I paid the money, And made no particular observations.
THOMAS BROOKS (Police Sergeant). On 30th October, about 7.30 p.m., I saw the prisoner in Mostyn Road—I said "I want to see you respecting a letter containing a post-office order for 6l. 19s. 4d. addressed to Mrs. Rowley at your house, 73, Mostyn Road, posted at Woolwich on the 21st"—she said "I have not seen any letter; I have occasionally visited the house since then; no letter has been left there; I have the keys of the house, and no one else has keys"—I told her she would be charged
with stealing the letter and forging; the name of Mrs. Rowley—she said "You must take me then; I am innocent of it; "and in answer to the charge at the station she said "I know nothing about the letter; if I had seen it I should have given it to Mr. Rowley, the same as I have done with other letters"—she said that she left the house last Monday week; that would be October 12th—there is an aperture in the door for letters to go in, and they drop down on the floor—there is no letter box.
Cross-examined. There was a warrant out against her husband for an assault, I believe, and he was keeping out of the way—he was afterwards arrested and fined 10s.—I was at 73, Mostyn Road on the 7th; there was no one in possession; I got in with a key which was found on the prisoner—there was no broten window on my first visit except one at the back of the house, but that was boarded up—the warrant was out before October 21st.
GEORGE INGLIS . I am an expert in handwriting, and am much employed by the Treasury—I have compared this post-office order with these two receipts and with the letters produced by Mr. Sear, and I believe it is written by the same party.
Cross-examined. The person who wrote the admitted writing has been taught to write in a school, and had a very good education—the "R" in "Mostyn Road" resembles the "R" in "Rowley" in the receipt; I do not expect a stereotyped resemblance—I have made mistakes—I believe the writing is slightly disguised—the space in which to write is small, and therefore it is more contracted.
Re-examined. I have no doubt that the hand which wrote the other documents wrote this signature.
NOT GUILTY .
NOT GUILTY .
MR. MUIR Prosecuted.
FRANCIS JOSEPH FORD . I am a commercial traveller of 90, Drakefield Road, Nunhead—on 23rd October, at 2 a.m., I was walking home, as I was unable to get a cab—I had crossed London Bridge and got about opposite the London and County Bank when I was pounced upon by four men and thrown down; one held my throat while they rifled my pockets and took my watch and chain and scarf-pin, and something over 1l. in money, and my keys—they decamped—a Hansom's-cabman helped me up, took me in his cab, and followed them—when they got to Borough Street two of them went towards the hospital and two towards the bridge; we followed the two down Thomas Street till they came to the cross-roads, when one went to the right and the other to the left—at the top of Thomas Street the cabman told a policeman what had occurred—he ran after us—we followed the man to the left, and a little way down on the right of that street there is a urinal; as we could
not see the man we stopped at the urinal till the policeman came up—four policemen came up very shortly afterwards, and they searched the urinal and found the prisoner there; directly they brought him out I said "That is the man that had me by the throat"—I did not have a long look at him when he had me by the throat, it was done almost immediately, but his face was straight in front of me and close to me—to the best of my belief the prisoner is that man.
Cross-examined by the Prisoner. The policeman did not say you were one of them—I did not hear the cabman say whether you were one of the men.
ROBERT SAVAGE . I am a cab-driver of 20, Chapel Street, Islington—I was in my cab in High Street, Borough, and saw four men knock a gentleman down and take his watch—I was not so far off then as the length of this Court—directly I got by his side they ran—two went over London Bridge, two turned down St. Thomas's Street; I took the prosecutor up in my cab and went after them—I met a policeman, said something to him, and he sounded his whistle—I followed the two down St. Thomas's Street; one went down by Guy's Hospital, one to the left, whom I followed—I never saw his face—some more constables came up and I went with them into a urinal in Joiner Street, where I saw the prisoner.
Cross-examined. I cannot swear to you—I saw two men running down the street, and one turned to the left, but when I got to the corner I could not see him—you were sober.
By the COURT. I do not know if the prisoner is the man I saw running—I saw no other man thereabouts.
JAMES FARRER (Policeman M 185). On 23rd October, about 2 a.m., I was in High Street, Borough, and saw a cab drive past—the driver made a communication to me, in consequence of which I followed his cab down St. Thomas's Street into Joiner Street, where in a urinal I found the prisoner—his clothing was not undone; he seemed as if he had been running—I told him he was one of the men who had been robbing this man in High 8treet—he said (I took it down a few minutes afterwards) "What are you taking me for? I know nothing about anything"—I brought him out of the urinal—the prosecutor was in the cab outside; he said "That is the man that had me by the throat"—going to the station the prisoner said he had been with his sister in Bermondsey drinking; he was sober—the prosecutor had been drinking, but he knew what he was doing; he was not drunk—I cannot say how far 23, Vauban Street is from the place where the prosecutor was robbed.
By the COURT. I have not mentioned about his being out of breath till to-day.
Cross-examined. You did not ask me to walk slowly, as your boots hurt you—I found 1s. 5d. on you in coppers.
ERNEST FREEMAN (Policeman M 320). About 2 a.m. on 23rd October I heard a whistle and went to Joiner Street, where in the urinal I saw the prisoner—his great-coat was unbuttoned, his trousers buttoned up; he was breathing very heavily—the prosecutor said when he was brought out "That is the man that had me by the throat."
Cross-examined. I mentioned you being out of breath at the last remand, when I was first called.
The Prisoner's Statement before the Magistrate. "I am innocent."
Witness for the Defence.
SUSANNAH CHAPPLE . I live at 23, Vauban Street, and know the prisoner—I lend him money to work with—four weeks last night he came to my place at a quarter to 8 and stayed till a quarter or half-past 1—I said it was too late to lend him money then, but I would get him some by Saturday—I lent him 1s. 6d., which I had in my pocket.
By the COURT. I should think it would take him 20 minutes to get from my house to High Street, Borough.
GUILTY . He then PLEADED GUILTY ** to a conviction of felony in March, 1876, in the name of John Powers.— Nine Months' Hard Labour.
MR. MUIR Prosecuted; MR. WARBURTON Defended.
GEORGE WALDOCK (Detective Sergeant L). I produce copies of two certificates of marriage which I got from Somerset House—I have compared them with the registers there; they are correct—the first certifies the marriage on 15th September, 1866, at the Parish Church, Farnhurst, Sussex, of Alfred Curtis to Martha Veness; and the second a marriage between Alfred Curtis and Elizabeth Bowden at St. Stephen's, Westminster, on November 25, 1883—on 16th October I arrested the prisoner—I told him I was a police officer, and was going to take him in custody for intermarrying with Elizabeth Bowden at St. Stephen's Church, Westminster, on 25th November, 1883, his wife being now alive—he said "It is quite true, I will give you no trouble; I shall have it cleared up now; I didn't see my first wife for five years"—I said "She says she saw you several times in three years"—he said "I have got a wife now; she was not worth calling a wife"—going to the police-court next morning he saw Mr. Grimble, who was present at the second marriage, and is a witness; the prisoner said "I did not see her for about six years before I got married; she left me."
Cross-examined. I have ascertained that the prisoner visited his first father-in-law, and knew perfectly well that his wife was alive—I have not been able to ascertain that his wife ran off with another man—he did not tell me he believed she was drowned in the Princess Alice.
Cross-examined. I had heard she had gone down in a boat—I don't remember the time.
Re-examined. She did not go down in the Princess Alice—she is alive now.
DANIEL VENESS . I am a sawyer, of Hendon Hill, Sussex, and am the father of Martha Curtis, the prisoner's wife—I was not present at the wedding, but I was at the dinner at my house—my daughter has been to my house several times between 1878 and 1883—she came there last Christmas—the prisoner came to my house to dinner three years ago last Christmas—he came down once or twice a year generally—I have often spoken to him about his wife, and tried to make peace between them—I have said lots of times between those dates that she was alive, and have showed him her letters.
Cross-examined. Three years ago last Christmas the prisoner came
and lodged at my house, I don't know if he read his wife's letters then, and in 1883 he came and wanted to know about his wife, and we showed him her letters—I did not say at the police-court "I don't recollect when I said to him about his wife"—I saw her three years ago last Christmas, and about six months afterwards—the prisoner came once or twice a year to me; he came to look at the hoops for Mr. Barnes—a year or two years might have passed without my seeing him—he came to a sale about two years ago—in 1882 he came, and I had a long conversation with him about his wife—my daughter was in service, I believe, from her letters—I never went to see her—I did not know she was living with a man she ran off with—I cannot tell you where her letters came from—I have none of them with me.
Re-examined. I had a conversation with the prisoner about his wife, and the fact of her being alive was mentioned—about Good Friday, 1882, when the sale was, I showed him the letters from his wife—there is a sale of wood every year the end of October or beginning of November near our place; the prisoner generally attends it—he did so in 1883—I then had a conversation with him about his wife and son; I won't say that the fact was mentioned that she was alive—I did not talk about her being dead, nor did he—he never said a word in his life about her being drowned in the Princess Alice.
GEORGE FREDERICK GRIMBLE . I live at 130, Vauxhall Bridge Road—I was present at St. Stephen's Church on 28th November, 1885, when the prisoner was married to Elizabeth Bowden—I signed the register—the prisoner is the man.
Cross-examined. He did not tell me his wife was drowned in the Princess Alice.
The Prisoner's statement before the Magistrate. "I fully believed my wife was dead; that she had gone down in the Princess Alice."
Witnesses for the Defence.
ELIZABETH BOWDEN . I live at 7, Radcot Street, Kennington—I was married to the prisoner on 25th November, 1883, at St. Stephen's, Westminster—I had known him three years—I heard from my cousin that his first wife had left him, and gone to live with a married man, and was afterwards drowned in the Princess Alice; that was the common talk in the neighbourhood—the prisoner told me about his first wife, and that he believed she was drowned—I first heard she was drowned about a year or not quite a year before I married him—he kept the child by the first marriage—I have always known him as a steady, sober, honourable, hard-working man; he has been very good to me, and I have been very happy with him—the first time I saw his wife was in Court—the first time I heard she was not drowned was the end of last January or beginning of February.
Cross-examined. I first became acquainted with the prisoner in 1880, when he was living in Hercules Buildings, Westminster Bridge Road—I knew his wife had left him.
ELIZA WATSON . I live at 9, Durant Road, Dartford, and am the wife of John Watson—I knew the prisoner and his first wife—in April, 1878, I heard she went off with Mr. Elsey, a married man, and after the Princess Alice went down in August, 1878, I heard from more people than one that she was drowned—she was a very bad woman, drunken, and sleeping with men.
Cross-examined. The prisoner lived with his wife in Hercules Buildings about three weeks—I lived at 2, China Walk—she left him there—he continued to live there for 12 months, and then he moved a little farther up still in Hercules Buildings.
Re-examined. He remained in the same neighbourhood—she never came near the place afterwards.
CHESTER WYLES . I live at 57, Bramber Road, Fulham, and have known the prisoner about eight years—he and his wife lived for about three weeks in Hercules Buildings—she was a very drunken, dissipated woman—I saw her occasionally about the neighbourhood with another man, with whom she went away—the prisoner lived with me 12 months after that—he is a very industrious, hard-working, respectable man—I have not seen the first wife since she left—I have a slight recollection of hearing she was drowned on the Princess Alice.
Cross-examined. The wife left on 23rd April, 1878, and I saw her with this man next day, the 24th—I have never seen her since—the prisoner stayed at my place about six weeks after, and moved to a place farther up in Hercules Buildings, where he lived five years.
THOMAS FORD . I live at 14, Walnut Tree Road, and am foreman—I knew the prisoner when he lived with his wife, from the end of 1876 to the end of 1877, next door to me—she was a fearful drunkard—I heard from the Masons' Arms, at which she used to drink, that she had gone down in the Princess Alice—it was general talk about the place—I never had any conversation with the prisoner about it—he has borne a very good character, and been in constant employment, always at his work.
Cross-examined. They went from China Walk to Hercules Buildings, not 200 yards away—the prisoner never used a public-house.
Re-examined. I never saw anything of her after she went away.
DAVID WHITEHEAD . I am a miller, of Romford, Essex—I knew the prisoner's first wife, and wrote this letter to him at her request. (This was dated from 3, Richmond Street, and requested the prisoner to make her a reasonable recompense, when she would not trouble him further, but threatened unless he did so to inform the authorities.) He would pay nothing.
GUILTY.—Strongly recommended to mercy by the Jury. — Eight Days' Imprisonment.
67. HENRY ENEFER (57) was indicted (with J. PRICE JONES not in custody) for unlawfully obtaining goods by false pretences. Other Counts for conspiracy, and for that he and another, being factors and agents, and entrusted with hops, transferred them in violation of good faith.
MESSRS. GILL and MARSHALL HALL Prosecuted; MR. BESLEY Defended.
EDMUND LAUTZENBERG (Interpreted). I am one of the firm of Lautzenberg Freres, hop merchants, of Dijon, Burgundy—in October, 1884, Mr. Jones introduced me to the prisoner—at that time they were carrying on a business together at an office in the Borough, and I had some conversation with them upon the subject of entrusting them as factors with the sale of hops, and my firm sent them hops—the first lot in October and November was 66 bales, in July 75 bales, and a little while after that another 75 bales—soon after the first lot was sent I received, this document from Enefer and Jones. (This was dated 87, Borough, 19th
November, 1884, and stated that they accepted their conditions to represent their house in London on a commission of 3 per cent. on all hops they sold; commission to be due on invoice; all sales to be made in the name of Lautzenberg Freres; invoices to be written in London on Lautzenberg Freres' forms; all cheques to be sent to Lautzenberg Freres the same day as received by them; first-class houses to have no more than one month's credit, other sales for cash; the agreement to terminate at the end of June, 1885.) In the July this year I came over to London—before coming I had received a telegram announcing the sale of 66 bales—I came over on 1st July, and saw the prisoner at his office—I received this copy of the invoice and this document on route—Jones came every day to my hotel while I was staying in London—I first heard the name of Norwood when Jones showed me this little piece of paper. (Dated July 9th, 3.30, to Mr. Jones: "I must go early to-morrow with samples to Aberdeen. Try and persuade Mr. Lautzenberg to open account. Hope to see you on Monday. I shall call on Bund in Glasgow.") I went to the office in the Borough next day and saw Jones; he was alone—he told me I was to give him a sample of hops to take to the firm of Wiggins and Cosher, and said, "I believe I can make 65s. or 66s."—I said that in order to do business with these people he could give it at 65s.—Jones then went out of the office, and came back and said, "I have sold 75 bales at 65s.," and wrote out this document in my presence. (This was a sale note to Jones by Lautzenberg Freres of choice hops 75 LF Burgundy at 65s., to be delivered as soon as possible.) He then wrote a duplicate, put it in an envelope, and said, "I am going to take this agreement to Mr. Wiggins's office," and went out with it in his hand, and came back again—I then sent a telegram to my firm to send over 75 bags—I returned home to Dijon on 12th July—some correspondence then took place, and I sent over the third lot—the price of them was fixed on the 18th. (The correspondence between Enefer and Jones and Lautzenberg Freres was here read.) I have never seen Mr. Andrews, and have never been paid for his lot—after that correspondence, and getting no satisfaction, I came to London, and went to the prisoner and told him I wanted the money for the invoices that was due—he said he had not received any money for them from Andrews or Wiggins—I asked where the 57 bales were—he said they had been sold in the country—he showed me no "account sales," and did not tell me the names of the customers—I asked him two or three times why Wiggins and Cosher had not paid, and his answer always was that he had not received the cheque—I then made inquiries, and having ascertained how my hops had been sold, went and saw a solicitor.
Cross-examined. Most of the letters were written by Mr. Jones in French—I had one or two from Enefer; his were always in English—this letter of 22nd July, about the seventy-five bales, samples of which were held at the disposal of Messrs. Wiggins, reached me in due course—I have known Price Jones since 1882; he was first at Denekers,' and then for a short while at Mr. Lamey's—Denekers were dealers in foreign hops—I had known him to be for a number of years there—I don't know if Lameys became bankrupt about September, 1884—Jones did not tell me of their failure, nor that he had gone into Enefer's employment at a weekly salary—there is a circular in which he styles himself the prisoner's partner—he sent me a telegram in which he said he had left Lamey's employment, and was going to be Enefer's partner—in my
opinion he was a partner, although I did not know on what terms the partnership was carried out—my arrangement was with both of them—Price Jones spoke very good French—I did not invite him to go for a holiday with me—when I left London on 11th or 12th July he offered to come as far as Dover; I said I did not want him—he did not go as far as Calais with me—he came to my place abroad in August, 1884, for Mr. Lameys in order to inspect the hop gardens—the signatures to these documents are in the writings of Enefer and Jones—the agreement came to an end at the end of June, 1885; there was no other agreement—when I came over Enefer said "I have given Jones 100l. to bring to you"—I went to the bank myself with Enefer and satisfied myself that a bill for 100l. had actually been taken out—I cannot say what Jones did with it in Paris; he was in Paris, because he sent me a telegram to Dijon from there—I did not sue Jones for a portion of this money—I have not been told of any civil action in this country—to my knowledge no lawsuit has been entered and none is pending in respect of goods sent over to Enefer—I can swear that with regard to Andrews's parcel, the first one,—I do not know that I have got judgment for that very amount—I did not say that if 400l. was paid by his friends I would not prosecute him—I cannot speak English—I was never told that efforts were made to get 400l. to avoid a prosecution.
Re-examined. The total value of the whole three lots was about 1,600l.—I consulted Mr. Richies, a solicitor, and later on saw Mr. Wontner—when I found the goods had been pledged I commenced to prosecute.
JOHN NORWOOD . I am one of the firm of Wigans and Cosher, hop merchants, 15, Southwark Street, Borough—I know the prisoner by sight—I do not know Mr. Jones at all—our name is well-known among people who deal in hops—I at no time had been in the office of Henry Enefer to try to do business with him—I had no interview with him at his office or anywhere at any time—I did not purchase seventy-five bales at 65s.—I know the firm of Gaskin and Co. and do business with them—I bought a parcel of LF brand Burgundy hops from them about 22nd August at 35s. per cwt. I believe; I don't remember the exact quantity—the London terms of payment for foreign hops is a month from the Saturday following the sale.
Cross-examined. In July and August the prices of incoming hops vary a good deal—in the early portion of July this year a large crop was expected—we are a large firm—I should say the full value of the choice Burgundy hops was not 35s. but 50s.—another brand fetched 65s. in another year—the first bale of 1884 that arrived in the market sold at 85s.—seventy-five bales of 1885 are worth from 40s. to 50s.—by August they had gone down to 35s. or 36s.—I don't know Mr. Jones at all—I may have seen him in passing through the market—we have a business place in London and one in Liverpool—I have known Enefer in the Borough, but not to speak to.
Re-examined. Undoubtedly he would know who I was.
DENNIS HINTON GASKIN . I am a hop factor carrying on business as Dennis Hinton Gaskin and Co. at 521, Borough—I knew Enefer, and Jones as his manager—we have had transactions with Enefer—this is a statement of the account I rendered to Enefer—on 24th July I got a delivery-order on the South-Eastern wharf for seventy-five bales of hops✗
marked LF 527 to 601—I got them from that wharf—Enefer owed us 82l. 1s. then, and we were to sell the hops on commission and make an advance—on 4th August I received fifty-two more LF bales directed to our warehouse by a firm of Henry and Co., I think, for Enefer—I made Enefer advances of 50l. 15s. 11d. on 24th July, another 50l. on the same date, and another 50l. on the same date; on 27th July, 15l.; on 31st July, 9l. 19s. 4d.; on August 5th, 85l.; on 6th, 21l.; on 21st, 10l.; on 24th, 5l.; and on 28th August, 180l.—on 15th September there was a balance of 27l.—those sums, with 82l. owing, and charging a small sum of 1l. 15s. 11d., amount to 560l. 19s.—I sold both the lots of hops and accounted to Enefer for the results of the sales, and paid a balance of 27l. to Enefer—I produce the different cheques referring to the amounts.
Cross-examined. The balance of 82l. 1s. owing us arose from seed I told him—Pryce Jones came to me with regard to the value of the hope—I believe the first lot was sold at 38s., my commission was 2s.—that was a parcel of twenty, part of the seventy-five, and was on 6th August—I got the full market price of the day—they averaged 35s.; that was their true worth; they would be worth less than that now—perhaps I could not get 1l. now—the last sale was made a few days after the first sale, about the beginning of August—there were only two sales—the remainder of the seventy-five and the fifty-two went together to Messrs. Wiggins and Cosher, they gave full market price—I have known Enefer many years—he was manager for many years, perhaps ten, to Mr. Kitchen, who is as well known as Wiggins and Cosher—the prisoner undoubtedly enjoyed a good reputation for honesty in Kitchen's service—I think it was not usual for persons to whom hops are oonsigned in the Borough to bring them over for commission and take advances on them—I made advances in this case—the principal part of the business was done by Jones.
Re-examined. Most of the cheques were paid to Jones in Enefer's name to Enefer's order—our commission for selling is 2s. per cwt.
GEORGE HARVEY (Police Sergeant M). At 11.30 on 1st October I took the prisoner on two warrants which I read to him; one was for conspiring with Jones and the other for being in possession of the hops as a factor and making a transfer of them—I read them, and he said "I am very sorry; it is a bad job; I will give you no trouble, if you let me write two notes. I may as well tell you the truth about it: I gave Jones some money to take to Mr. Lautzenberg; I suppose he has bolted to America with it"—I took him in custody, and found some documents, which I handed over to Mr. Wontner.
Cross-examined. Some of those I found on him, some at his office—I was not present at the police-court—he wrote the two notes he asked leave to—he gave me no trouble going to the station; he walked in front of me voluntarily and posted the two notes.
The prisoner received a good character.
GUILTY .— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
MR. BODKIN Prosecuted.
JOHN PHILIPS (Policeman V 47). On 2nd November I was on duty in Balham Road about 6 o'clock, and had been watching the prisoner for about hall an hour; he was loitering about in a suspicious manner, which caused me to follow him—in Balham Broadway he took something from his trousers pocket and put it in his breast pocket—I asked him what he had got there—he said "Do you wish to know?"—I said "Yes"—he threw something over into a front garden—I got hold of him with the assistance of Constable O'Brien, and got him into a shop and then to the station—when charged he said "It is the first time"—he was searched; I did not find anything else on him.
Cross-examined by the Prisoner. You did not tell me to catch another man; when we first saw you there was another man with you.
MICHAEL O'BRIEN (Policeman V). I was on duty in Balham Road with Philips and saw the prisoner and another man there—Philips arrested the prisoner; I went to his assistance—the prisoner tried to throw him over his back—we took him in custody and to a shop—I then went to the corner of Bedford Lodge, where I found four half-crowns, two wrapped in paper, with paper between each, and another two about two feet away—I showed them to the prisoner, who said "I know nothing about them."
Cross-examined. You did not tell me they were in the garden—I was watching for the other man when I saw Philips struggling with you—the other man disappeared about a minute before—you did not point him out to me.
The Prisoner's Statement before the Magistrate. "I was looking at them under a lamp before the policemen came up, and I had thrown them away before they came up; if they wanted to they could have caught the other man."
The prisoner in his defence stated that another man asked him to do a job, and had only left him half a minute when the constables came.
GUILTY . He then PLEADED GUILTY to a conviction of felony at Bow Street in February, 1885.— Twelve Months' Hard Labour.
MR. MEAD Prosecuted; MR. GEOGHEGAN Defended.
WILHELMINA HEYWOOD . I am barmaid at the refreshment rooms, Waterloo Station, which you have to ascend steps or an incline to reach—on 29th October, about 6 o'clock, the prisoner asked for a glass of beer, and gave me a half-crown, which I tried in the tester and found to be bad; it bent—I gave it to Miss Cunliffe, the manageress; she broke a piece off it and asked the prisoner if he knew what he had been passing—he used rather bad language and said it was not his half-crown—Miss Cunliffe asked the waiter to fetch a policeman and she kept the half-crown in her hand—in the meantime a gentleman came in and asked for some drink; she served him—he put a half-crown on the counter, and when the prisoner saw that he said it was his half-crown.
Cross-examined. The bar is on the platform where trains leave for Twickenham and up the river—it is nothing unusual for outside people to come and have a drink there—very likely the prisoner said "The half-crown is not the one I gave you; I had not a bad half-crown"—he was not reading a paper in the bar; there were very few people there—I had an opportunity of seeing what he put on the counter and took up—the counter is round—the waiter was outside; he was called and went for a policeman—the prisoner stood at the bar the whole time; he could see what was going on—he heard the policeman sent for and did not offer to run away—he was rather indignant when charged—he might have been drinking; he did not appear very excited—he was a little indignant when I said it was a bad half-crown.
ANNIE CUNLIFFE . I am manageress at this refreshment room—on 29th October, about 6.30 p.m., the prisoner came there—Miss Haywood brought me this half-crown, which I broke in the tester—I told the prisoner he was passing bad money—he said it was not his half-crown; I said it was, and I sent for a constable and gave the two pieces to the manager.
FREDERICK WILLIAM TOWFIELD . I am manager of the refreshment department at Waterloo Station—I was called by a constable, and found the prisoner in custody of a railway policeman, who is not here—I asked his name and what he was—he said he was a barman, and had been out of employment three weeks—I received this half-crown from Miss Cunliffe.
GEORGE MILMAN (Policeman L R 11). About 6.30 on 29th October I went to the Company's police-station at Waterloo, and found the prisoner in custody of one of the South-Western Railway Company's constables, charged with uttering a counterfeit half-crown—he said it was not him that tendered it, it was another gentleman—I searched him, and found two good half-crowns and 1 1/2 d. bronze; no railway ticket—he was sober—as I was taking him down the steps I noticed a man standing on the steps; I thought the prisoner moved his hand towards him—I at once sent a railway man to follow that man—I had seen the prisoner before—I did not know him—he was a barman—I knew the other man as well, he was also a barman, at the Sailor Prince, Waterloo Road.
Cross-examined. I am on fixed-point outside the station—any person can go into the station without a ticket, and a number of people do so to meet people coming by trains—I thought his motioning to the other man a suspicious circumstance—I mentioned it at the station, but not to the Magistrate, nor to the railway company's solicitor; I did not think it mattered, because I had not the other man in custody—I found out Mrs. Thirlby—she gave a half-crown to the police in Court—detectives and inspectors have come to give the prisoner a character as a respectable young fellow for 16 years, but not including the last two years.
Re-examined. I did not know when I saw the man wave his hand that Wilson could give evidence.
ERNEST WILSON . I am a barman at the Rising Sun, York Road, Lambeth, nearly opposite Waterloo Station—on 29th October the prisoner came in with two others—I did not know him before—one of them called for drink, and offered a bad florin—I showed it to the cashier, and she to the landlord, who came out and broke it, and said if he had not known
the prisoner he would have gone further into it—the prisoner paid with other money and left.
HARRIET SARAH THIRLBY . I keep a general shop at 30, Cornwall Road, Lambeth—on 29th October, or the 19th, I am not certain which, I gave a man change for a half-crown, which I found was bad—I caught him; he gave me back the change, and I let him go, after some conversation—I gave the half-crown to the police—I know the prisoner and had seen him with this man—afterwards the prisoner came in and said "Mrs. Thirlby, you have had a bother here"—I said "I have; and had there been a policeman I would have given him in charge for his insulting me in the manner he did"—he said "I will let you know where he is if I can find him"—I gave the prisoner the threepennyworth of eggs he wanted, and his change—I do not know what employment the prisoner or the other man were in, but I have seen them frequently opposite my house at a collar dresser's; I should not have known him, but he said "You know me"—I said "No, I have no dealings with you, I only know you by sight"—he asked me if I had the half-crown—I said I had not—the policeman marked the coin in my presence.
Cross-examined. Lloyd lives opposite to me—the policeman called on me to bring me to give evidence fast night—I have no recollection if he told me Lloyd had been at Waterloo Station on the 29th.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury on account of his character. — Six Months' Hard Labour.
Before Mr. Justice A. L. Smith.
WILLIAM HOLLOWAY . A few minutes after midnight on 25th October I was in York Road with the prisoner and Exhall—the latter was in fighting garb, stripped to the skin, with his trousers on, and he and the prisoner fought—I had previously been in the Nag's Head with them, when Chubb, in calling for some beer, accidentally shoved Exhall—Exhall asked him where the f—h—he was shoving—Chubb told him to get out of the way; he did not want anything to do with him—Exhall got rowing and using very offensive language, and would insist on having a row with him—they got him out, and the deceased and his friends went outside—the prisoner asked me if I was going—I said I was going up the road, I would meet him perhaps up the road, and he went out—a few minutes afterwards, when I got outside, Exhall, who had gone out with all his clothes on, was stripped to the skin except as to his trousers and boots, and was challenging the prisoner to fight—the prisoner told him four or five times distinctly to put his things on and go home—Exhall would take no notice, but insisted on fighting him, and hit the prisoner in the eye—they then fought a few rounds—Exhall was knocked down by Chubb, and did not pet up again; he was carried away—I went away with the prisoner, whose friend I was.
Cross-examined. All this row occurred outside the Nag's Head—the prisoner and I always wear the same kind of boots, with gutta-perchasoles,
in which you cannot wear nails—I did not see Chubb kick the deceased—I heard Chubb repeatedly ask the deceased to go home.
KATE KELLY . I live in Townmeade Road, and am single—on Sunday morning, 25th October, I was in the Nag's Head with Exhall—the prisoner came in, and as we were standing at the bar he shoved against Exhall, and shoved me after him—Exhall shoved him back, and asked him what he did it for—five minutes after was closing time—I, Exhall, and my sister went out, and were going home, when the prisoner ran after Exhall and called him back—I and my sister stood talking—he went back six yards with Chubb—I saw Chubb strike him, and he fell down—Exhall got up, pulled off his coat, and put up his hands to protect himself—Chubb caught hold of him and chucked him down, and kicked him in the head when he put up his hands—Exhall was sober; he had only had a share of one pot of six ale.
Cross-examined. There was no fighting—I came out of the public-house with Exhall—he had got about six yards from the public-house when Chubb came after him—I did not hear what they said to one another—I and my sister stood talking, and Exhall and the prisoner went towards the Nag's Head—I did not see the commencement of the scrimmage between the two men—I only saw him strike him—I did not notice the prisoner's boots.
By the COURT. We had got six yards from the public-house when Exhall went back to meet Chubb, who had run after Exhall about the space of five minutes' walk—we were only six yards from the public-house before I saw anything of Chubb coming after us—Chubb came up, and he and Exhall went back six yards to the door of the public-house—I did not notice Holloway there.
LILY LYNES . I live at Battersea, and was at the Nag's Head on this night—I saw Exhall and Kate Kelly going home, and the prisoner run after Exhall, who went back; then the prisoner struck him in the face, and knocked him down—Exhall got up, pulled off his coat, and put up his hands to protect himself—I saw the prisoner take him up and bash him down on the tram lines, and then kick him on the head—Exhall was carried into a house opposite the Nag's Head.
Cross-examined. When Exhall was smashed down by the prisoner he had his shirt and waistcoat on—after calling him back the prisoner hit him—I did not see Holloway there—I do not know Castle; I did not notice him nor Target there; they might have been—there was rather a crowd there—there was no fight between the men; there was not time for one—the prisoner deliberately seized, threw, and kicked Exhall—I did not notice what sort of boots the prisoner had on—I did not hear the prisoner ask Exhall to go home—I did not hear what occurred inside the Nag's Head, nor outside when the prisoner ran after Exhall—I was some little distance off, because it was a fight.
ARTHUR HAYSMAN . I live at 13, Etherington Street, Wandsworth—on 25th October I was in York Road about 20 minutes past 12, and in consequence of something I heard I went across the road and saw the prisoner and deceased stripped fighting—the latter had just a flannel shirt on with half the sleeves out—the prisoner had a guernsey and waistcoat on—they had a round, closed together, and he chucked Exhall down on his back—when he got up the prisoner kicked him on the crown of his head—Exhall laid there some time—he was picked up by
two bystanders, and carried into a cottage—the back of his head was bleeding, and some of the blood ran down his forehead.
Cross-examined. Exhall's head fell on the other side of the tram-rails, close to the metals, but not on them; I noticed that because it was just under a lamp, and I could see by the light—I am sure Exhall had no waistcoat on—I am sure they had some rounds, a free fight—there was a good congregation of people there—I did not see the commencement of it.
MARY KELLY . I am a factory girl—on this Sunday, 25th October, I had been in the Nag's Head—I, Exhall, and my sister were going home, when the prisoner came after Exhall and said he wanted to speak to him—Exhall went back—I saw the prisoner hit Exhall and knock him down—I ran up to where a lot were standing, and there I was knocked down, and saw no more of it.
Cross-examined. The prisoner pushed Exhall away from the bar of the Nag's Head, and knocked my sister after him—Exhall had his coat and waistcoat on when the prisoner hit him first; I did not see at the time of the fight if he still had them on—I remained talking to my sister when the prisoner and Exhall went back towards the Nag's Head—I did not see what passed between them, and was not within hearing distance—we had gone about the length of this Court from the public-house before the prisoner came after us.
Cross-examined. I have made inquiries about the prisoner's character; I do not think there is anything against him—I have made no inquiries about the deceased's character.
HENRY GEORGE (Police Sergeant). At 2 o'clock on 26th October I found the prisoner detained at Battersea Police-station—I told him he would be charged with causing the death of George Exhall by striking him with his fist in the York Road—he made this statement, which I wrote down: "I went into the public-house and had half a pint of beer. I accidentally pushed against Exhall. When I went outside the house Exhall was stupefied and wanted to fight me. I told him to put on his clothes, I did not want to fight him; with that he struck me in the eye. We had several rounds together, and he fell down. They took him into the house opposite, and I went home, and I am very sorry he is dead."
Cross-examined. I arrested him on Monday—he had on a pair of light boots with gutta-percha soles and leather uppers—he is a hard-working young man—a short time ago the deceased came out of a reformatory after five years' for stealing lead—he was rather inclined to be noisy.
BERNARD HELTON . I am house surgeon at St. Thomas's Hospital—on 25th October the deceased was brought there; he was alive then—he had a black eye, and a scalp wound on the left side of the back of his head, which might have been caused by a kick or a fall—it would cause a good deal of blood to flow probably—he died about 2.30 on Tuesday morning—I assisted in the post-mortem examination on the afternoon of the day he died—he died from displacement and fracture of the spine, which was caused by violence to the back of the neck—it could be caused by a fall from some height, but not by just falling to the ground unless against something prominent—I do not think a fall on tram-lines would
do it—I do not think if two men were wrestling, and one took the other off his legs and threw him down, it would cause this—I should think it was caused by excessive kicking, two or three kicks—several of the muscles were full of extravasated blood—-one kick might have caused the displacement of the spine—he complained of it before his death—he was about 20 years old, and slightly smaller than the prisoner.
Cross-examined. If the tram-line projected above the ground the fall with extra weight above might have caused the injury—or the kerb might have caused it.
By the COURT. I was present when the deceased's deposition was taken—no Magistrate was present.
Re-examined. I knew he was bound to die, and I told him there was no means of his recovery; he understood me, because before he made his statement he was asked whether he knew he was going to die, he made no answer, but seemed to understand it thoroughly.
HENRY GARLAND (Re-examined). I produce the dying man's statement—I took it down and read it over to him; he seemed to understand it, and put his cross to it. (Read: "I, George Exhall, believing I am going to die, state that about 12 o'clock last night, the 24th, I was outside the Nag's Head public-house where a man called Chubb was—there was no quarrelling. Chubb pushed me, I asked him what he was doing that for, when he struck me in the face. I put up my hands to defend myself, when he caught hold of me and threw me backwards. My head came in contact with the tramway rails. I was stunned and recollect nothing till I found myself in bed this morning. Kate Kelly was there the whole time; she did not know what happened. I never quarrelled with Chubb before, or had an angry word with him before he pushed me. He was not sober. I had only a pot of six-ale between four of us. I know nothing of the persons present but Kate Kelly and Chubb."
Witnesses for the Defence.
EDWARD DIGMAN . I am a labourer of 88, York Road, Battersea—on this evening I was in the Nag's Head and saw the prisoner and Exhall come in—the prisoner went up to the bar to get a pot of beer and accidentally pushed up against the deceased, who turned round, started swearing at him, and told him he would fight him—the prisoner said he would have nothing to say to him; he did not want to have nothing to do with fighting—Exhall left the public-house first; shortly afterwards I went out with Chubb, and found Exhall with his coat and waistcoat and hat and tie off—Exhall said he would fight him, and started pulling off his shirt—the prisoner said he did not want to fight—Exhall said he would fight, and struck the prisoner in the eye—they had three or four rounds—the deceased fell on the tram-lines, which are laid in stones on the middle of the road—I did not see the prisoner kick the deceased—the prisoner had gutta-percha boots on.
Cross-examined. The prisoner never attempted to kick the deceased—I was in the York Road, but did not go before the Magistrate.
GEORGE CASTLE . I am a lath-seller at 138, York Road, Battersea—on this evening I was in my house, just opposite the Nag's Head, reading the paper—I heard a disturbance outside—I went to the door, and saw a large mob; I went two or three doors up the road—I saw the deceased stripped, with only his guernsey on, waiting ready to commence fighting—I saw them have one or two rounds—I could not say who began—the
prisoner threw the deceased down; I saw Exhall fall down across the tram lines—I did not see the prisoner kick him, nor did anybody say he was kicked at the time—I did not notice the prisoner's boots.
Cross-examined. I might not have seen him kicked, there was such a large crowd—I have lived there 19 years, and I know the place well—where he fell is the branch of a junction, my impression is, of the tram lines—when he fell another disturbance arose, and a rush was made, and two or three people fell over him, and if he got a kick it is my impression that was when he got it—I did not stop to see him picked up—during the time I was there I heard no mention made of any kicking—after he had fallen I did not see the prisoner go up and kick Exhall on the crown of his head.
MR. WILLIAMS stated that after this evidence he should not press the case against the prisoner.
NOT GUILTY .
ADJOURNED TO MONDAY, DECEMBER 14TH, 1885.