CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 11TH, 1885.
MINUTES OF EVIDENCE.
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OYER AND TERMlNER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 1lth, 1886, and following days.
Including cases committed to this Court under Order in Council and Winter Assize Act.
BEFORE the RIGHT HON. JOHN STAPLES, LORD MAYOR of the City of London; the Hon. GEORGE DENMAN, one of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN, Knt., Sir THOMAS SCAMBLER OWDEN , Knt., and Sir HENRY EDMUND KNIGHT, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS, Knt., Q.C., Recorder of the said City; JAMES WHITEHEAD, Esq., HENRY AARON ISAACS, Esq., PHINEAS COWAN, Esq., and STUART 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 De1iverY, holden for the said City, and Judges of the Central Criminal Court.
DAVID EVANS, Esq., Alderman,
THOMAS CLARKE, Esq.,
GEORGE ROSE INNES, Junior, Esq.,
WYNNE EDWIN BAXTER, Esq.,
CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have bee more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 11th, 1886.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and CHARLES MATHEWS Prosecuted; Mr. MURPHY, Q.C., defended Morton, MESSRS. HORACE AVORY and LOWE defended Morris.
HERBERT GEORGE MUSKETT . I am an articled clerk to Messrs. Wontner, solicitors to the prosecution—I produce two exhibits showing the banking account of Morton with Messrs. Barker, and affidavits verifying them—the banking account purports to have been opened by Morton, of Leaden-hall Buildings, Leadenhall Street, on 20th December, 1884, with Barkers, and to go down to 30th June, 1885—between 6th February, 1885, and 30th June, 1885, the balance remained at 10s. 1d. the whole time, with one exception of 11 guineas paid in on May 20th and drawn out on 22nd May—between 6th February and 27th May, 1885, 16 cheques were presented, and four of those twice over, all of which were returned dishonoured—they amounted to something like 112l.—between 17th March and 4th April eight were presented, amounting to a considerable aggregate—the account was opened originally by a cash payment of 1501.—down to the end of 1884 222l. had been paid in to the account—on 1st January, 1885, the balance stood at 68l. 12s. 11d., and between that date and 6th February it was gradually drawn down to the sum of 10l. 1s.
JOHN HOLLIDAY . I am a butcher, of 238, Coldharbour Lane, Brixton—I know S. A. Letts, who lived at 233, Millbrook Road, Brixton; he had been a customer of mine for some two years before 17th March, 1885; on that day, at his request, I cashed this cheque (Dated 17th March, 1885, on Messrs. Barker, for 6l., ,in favour of S.A. Letts or bearer, endorsed S.A.
Letts) for his daughter, who brought it—I paid that into my bank; it was returned dishonoured—on that same day I sent a messenger to Letts, and he returned to me with a sum of 3l. 1s. out of the 6l.—the matter remained over till November, when criminal proceedings were taken against the two prisoners—after they had been once remanded before the Magistrate I received a further payment in relation to the cheque of 3l. from Mr. Letts.
Cross-examined by MR. MURPHY. Letts lived two turnings from me—I had known him about two years, during which time he had dealt with me—he continued to live there through the summer, and I believe his family live there now—I served him with goods, which he paid for.
FREDERICK GUNTRIP . I am manager to Messrs. Todd Brothers, grocers, of 310, Coldharbour Lane, Brixton—on 21st March, 1885, I lent 5l. 2s. to Mr. S.A. Letts on a cheque for 6l., similar to this one—he owed Messrs. Todd a small account of 17s. or 18s. at that time—I paid the cheque into Messrs. Todd's account; it was returned dishonoured—I saw Letts about it, I got no money from him till 3rd November, 1885, when the cheque having been handed to Messrs. Todd's solicitors, some money was paid to meet it—that was just after the time Morton and Morris had been taken into custody.
Cross-examined by MR. MURPHY. Todd sued Letts, who called on the solicitors and paid the amount—I had not known Letts long, only his daughter and son-in-law—they continued dealing with us between the time the cheque was cashed and the amount being paid.
JOSEPH HICKS . I am a butcher, at 235, Seven Sisters Road, Islington—Morris was a customer of mine—on 28th March my son handed me this cheque, dated 28th March, for 10l., drawn by Morton, in favour of Letts or order, and endorsed by Letts—I heard Morris say to my son when he handed him the cheque that he had just received it from one of his tenants at Finchley, "as it is as good as gold"—at that time he owed me 3l. 8s.—I took the cheque in payment, and gave him 6l. 12s. change—he endorsed the cheque in my son's presence—on 1st April the cheque was returned to me marked "N.S."—I then sent my son Alfred to Morris—in consequence of what passed between me and my son I passed the cheque through the bank a second time—it was again returned, and I then took civil proceedings against Morton, Morris, and Letts, and obtained judgment against them—I proceeded to execution, but got nothing, and never have.
Cross-examined by MR. AVORY. When the cheque was returned and I did not get my money I sued Morton first, and then Morris and Letts—I put executions into Morris's and Morton's houses—I had known Morris for two years living not far from me—he represented himself, and I understood him to be, a builder, and the owner of house property; I do not know that he is—I saw Morris on the same day as the cheque was returned, and that night or next morning I received a letter, which was unsigned—I think it was from Morton; it was from some one other than Morris—in consequence of that letter I paid the cheque into the bank the second time—my son received the letter—I believe it came by post—the cheque was paid in on 2nd or 3rd April, and it came back on 7th April.
Cross-examined by MR. MURPHY. Mr. Weatherfield was my solicitor in the proceedings I took against Morton—he did not receive 2l., 3l., and 4l. on his account that I am aware of—I know nothing about those three
Third Session, 1885—86. 209 receipts—I have never seen or heard of them—he never acknowledged anything of it, and he denies it; he says he never received any money at all, only for expenses—I don't know that he has received a farthing of the cheque—I sued Letts in the County Court—I don't know that I only got judgment against Letts for 4l. odd.
Re-examined. I don't know what has become of the letter.
ALFRED HICKS . I am the son of the last witness—I was present on the 10th March when this cheque was brought to my father's shop by Morris—I took it to my father and asked him if he would take it—my father told me to go and ask him where he had it from—I asked him, and he said he took it from one of his tenants at Finchley, and it was as good as gold; that he had had several, and he had had one only last week for 6l., and it was perfectly good, and I might depend on it as much as if I had the gold—I cashed the cheque which Morris endorsed—I next saw the cheque at 3 o'clock on the 1st April, when it was returned dishonoured marked "N.S."—I then went with my brother to Morris—I did not see him the first time, but the second time he was just going into his house—I said "I have come about this cheque; it is returned dishonoured"—he appeared rather surprised, and said he would come down to the shop the same evening—he came but brought no money—he said his son was outside; he was just going to send him to Finchley, as he had two good tenants there who owed him rent, and he would let us have the money that night or next morning—he did not keep that promise—there were about 20 promises to pay I should think between then and the 13th April—on the 13th April I went to 12, Crown Court, Threadneedle Street, with my brother, being asked to go there by Morris for an explanation of the matter—Morris said Morton and Letts would be there, and I expected they would, and that there would be an explanation—at Crown Court I saw Morris and Letts but not Morton—Morris and Letts said Morton was very ill, poor fellow; that he had a severe attack of bronchitis, and was at home ill in bed—Morris said he had got property, and could not get in his rent, and had not received half-a-crown out of 20l., it being holiday week, but he would make up 5l. by Wednesday—Letts said the same thing, that he could not get his rents in on account of Bank Holiday week, but he would get 5l. to make up the 10l.—that was all the explanation we could get, and I and my brother left, and we went across to Morton's office, Leadenhall Chambers—he came out smoking a cigarette—I said "I have a cheque drawn by you for 10l., what are you going to do about that?"—he said "I will pay you by Wednesday certain"—that was the day the others had mentioned—he seemed in perfect health at the time—as I and my brother came out we met Morris and Letts going in at the other door of Morton's office.
Cross-examined by MR. AVORY. Morris said he had had several previous cheques from the drawer, and they were perfectly good, and one the week previous for 6l.—I cannot say if he said he had had several previously from Letts and one from Morton the week previously—when the cheque was returned and I saw Morris he did not say he would go and see Morton; he said nothing about Morton then—the following day I received a letter by post—I don't know from whom it came; there was no signature—I think it was from Morton—it had a City post-mark on it—in consequence of that letter the cheque was paid in a second time
the same evening, 2nd April—it would reach the bank on Saturday morning on account of Good Friday coming between I suppose—I cannot say if I said at the police-court that Morris seemed much surprised when I told him the cheque was returned—I think Morris only hires the office at Crown Court now and then to suit his own purposes, to meet people there—I cannot say how long he has had that office; no one seems to know him there—I found him there according to appointment—Morris and Letts confirmed one another about Morton being ill; I cannot say who said it first; both said it—I cannot say if Morris's name was up at the door of Crown Court—I have seen another man's name on for that office—I have not seen Morris's name.
Cross-examined by MR. MURPHY. I was present on the first occasion of my father's action against Morris and Letts, but it was adjourned, and I was not present when the amount was finally fixed.
Re-examined. I made inquiries about him.
EDWIN GUYOTT . I live at 162, Highbury Hill, and am a booking clerk in the service of the Great Northern Railway Company—I have known Morris for some time as a season ticket holder on that railway—on 24th February he came to me at the booking office, and at his request I lent him a sovereign—he promised to come and repay me that evening; he did not come—I called at his place several times without being able to see him; I never saw him again till 2nd April—I called at his house in the evening about 7.15, and asked him for the 1l.—he then showed me this cheque. (Dated 28th March, 1885, drawn by Frank Morton on Barker and Co. for 5l., payable to No. 42, and endorsed "F.T. Smythe.") He asked me to cash it—I asked him if it was good—he said yes, it was perfectly good, or he should not ask me to cash it, that he got it from one of his tenants—he told me to deduct his debt of 1l. and 2s. 6d. for my trouble in calling six times for it—I gave him 3l. 17s. 6d.—the cheque came back marked "N.S."—on 10th April I called at Morris's house—I said, "I suppose you know the nature of my visit?"—he said, "No, I do not"—I said the cheque had come back marked "N.E."—he said, "No, not N.E., it is N.S."—he had not seen it, I had not taken it out of my pocket—I said, "How do you know that?"—he said, "It must be a mistake at the bank, as Francis Morton is one of the firm of Morton Brothers, proprietors of the electrical railway at the Alexandra Palace; it is a large firm, and had 11 clerks in their office when I went in"—he said, "I am going into the City"—I said, "I will go with you; it is very important I should have this money, as I have paid it in through the Company's office"—he said he would get the money from Morton, and would call at Highbury Hill by 3 o'clock in the afternoon—he did not come—I called again on Saturday evening, April 11th, and asked how it was he had not called—he said Morton was ill and out of town, and he was unable to see him, but he had pushed his own business, and had an open cheque for 180l., and he had simply to take it to the office and the money would be coming, and he would come with the 5l. on the Monday morning by 11 o'clock—he did not come—I called again on the evening of 13th April—he then said by an oversight the cheque was made payable to the payee, therefore he did not get it cashed, but he would then go and obtain the money—he did not show me the 180l. cheque—he took some papers out of his pocket, but I did not see their contents—he said he would go out and get the 5l., and bring it to the
Third Session, 1885—86. 211 office by Tuesday morning—he came at 9.30; he said he had no money then, but he would be back again that morning—I afterwards received this note from him. (This requested that the matter might stand over till the morning, when he would call at 10 o'clock.) I went again on Thursday—he then said he had seen Mr. Morton, and Morton said he drew the cheque for his own private use, unknown to his brother, and he told Mr. Smythe not to pay it in for a few days, as he knew there was not sufficient cash to meet it—he came again on Sunday, the 19th—he then said he had the 5l. locked up, and no one could touch it, but he would let me have it by 12 o'clock on Monday—on the 20th I received this post-card from him. (Stating it should be paid to-morrow.) It did not come—I then got a judgment summons against him at the County Court on 18th September—on 25th September I went to the police-station at Kentish Town and lodged a complaint there—on the 28th I received this letter: "Dear Sir,—Will you attend at the Mansion House to give evidence as to the cheque you hold from Francis Morton that was paid by me to you? Shall I take out a subpoena summons for your attendance, as I am determined to show the world who is the thief? Yours, MORRIS "—on 6th October I went and saw Morris again—I asked him who this Smythe was that had endorsed my cheque, that I might see him—he said he was the stepson of Letts, that Letts had passed the cheque on his fraudulently—I said, "You have taken proceedings?"—he said "Yes"—I said, "Then it is useless my going on"—he then took a copy affidavit that he said he had sworn at the Mansion House, and read it out to me—on the 8th I went with him to Cannon Street to see Morton—we did not see him there, and we went'to his house, 64, Elm Park Road, South Kensington—he was denied at first, but after a lot of inquiries he came out of a room close to my elbow; he could have heard all the conversation—I went in and said I had come about the cheque, and asked for the 5l., and Mr. Buzzard's 5l. 10s., and my expenses that I had paid at the County Court, 2l. 4s. 8d.—he promised to pay it if I would give him two days' grace—I said, "Why do you want two days' grace when you have had seven months?"—he said he would procure it by Saturday, and he gave me a letter to that effect, and he handed me an American, share certificate, but I thought I had already too much of his paper in my pocket, and I handed it back—he then wrote this memorandum undertaking to pay on Saturday at 3 p.m.—on Saturday, 10th October, I went with Bassett and Hicks to 64, Elm Park Road at about 3.25—we did not find him—the servant said he had waited till half-past 3, and then went out to keep an appointment—on 12th October I received this letter in Morton's handwriting. (This stated that he would call on Thursday at 12.30 to take up the cheque.) I never saw him afterwards till he was before the Magistrate—on 27th May I met Morris accidentally in Finsbury Park—he said, "How about Your cheque.?"—I said, "It is in the hands of my solicitor"—he said he had nine cheques of Morton's to the amount of 75l., and he had heard nothing about him, and he had indicted him because he had served him so badly.
Cross-examined by MR. AVORY. It was on 6th October that Morris said he had been swindled by Morton, and he said he had taken proceedings against him and Letts; that was not the earliest day that I heard of it; he said he had indicted Morton on 27th May—on 6th Ootober he said he had received this cheque from Letts, and that Letts had swindled him—
when I went to the station on 26th September I simply told the facts I knew to the inspector; I did not know much, and he took it down in writing—I did not commence any proceedings then, I could not—on 6th October Morris took the draft information from his bag and read some of it—this (produced) looks like it; I do not know that he read it all; it appears the same—he also showed me a bundle of letters which he said he had received from Morton on the subject of those cheques.
Cross-examined by MR. MURPHY After the criminal proceedings had been taken against Morton and Letts a gentleman called on me to offer payment of the debt on behalf of Morton—being one of the prosecutors I could not receive it; it would have been very acceptable—he said that Morton was an honest man; he did not say that Morton had had no value for the cheques—I sued him in the County Court—I did not recover anything.
By MR. AVORY. Morris showed me a letter that he had received from the Hon. Mrs. Morton, and said it was an answer to one he had written to her—he gave it me to prove that he had taken proceedings—it is dated the 15th, the same day that I was seen going into Mr. Hicks's shop respecting a cheque that I heard of.
JAMES HAREBOOTH GRESHAM . I am Chief Clerk at the Mansion House—applications for summonses and warrants in relation to criminal proceedings taken there, are in the first instance made to me—I have not the slightest recollection of any criminal proceedings being commenced there in the form of an application by Morris against Letts or Morton—informations upon which applications are based are invariably filed—I have searched the file for the last year and have found no affidavit or information by Morris, or any document tending to show than any criminal proceedings had been taken by Morris against Morton or Letts.
Cross-examined by MR. AVORY. Persons sometimes come without having ready written informations—I give them a form and send them away to fill it up—it is not unusual for verbal applications to be made—I had a holiday last year from the end of July to the middle of August—the second clerk would then be in attendence—if the proceeding had taken place out of the City I should advise the party to apply where the proceeding took place.
Re-examined. I was in town in September; if an information is filed in my absence I should find it there; none such has been found—I searched myself and the clerks have also searched.
EDWIN GEORGE JACKSON . I am a coal merchant, of 14, Stroud Green Road—I know Morris—on 2nd April he was in my debt between 3l. and 4l.—he came to me on that day and brought a cheque for 3l.; it was on a form similar to this produced—I applied 1l. to the part payment of the debt and handed him 2l.—on the 4th I paid the cheque in to my bankers, and it was returned dishonoured—on that I sent my clerk with it to Morris; he returned with this memorandum in Morris's writing: "Dear Sir, I am sorry to say I cannot send the 3l. until between 1 and 2 to-morrow, when I will call with it"—he did not call next day—no money was paid, and on 9th April I received this letter from him: "If you will let me take the cheque up to town with me I will see the drawer and try to bring him to book. I enclose an I O U for you to hold till the evening"—the I O U was enclosed—he called in the course of the day and I had a conversation with him, and I handed him the cheque that he might see the drawer about it—the money did not come,
Third Session, 1885—86. 213
and I wrote him a letter threatening criminal proceedings—on 21st April I received this letter from him, and another on the 30th promising the money next day—I received the 2l. a few days afterwards.
HENRY BASSETT . I am a corn dealer, of 185, Seven Sisters Road, Holloway—Morris was a customer—on 28th March last he was in my debt 1l.—he called on that day with this cheque for 5l. 10s., signed F.A. Letts—he asked if I could cash it and take the small amount he owed me out of it—I said I had paid all my cash into the bank, but if he would call later I would do it—he called about 6 and I gave him 4l. 10s.—I asked him who Letts was; he said he was a tenant of his living at Finchley, and the cheque was for rent—I paid it into the National Provincial Bank of England, and it was returned dishonoured on 4th April marked N S—I sent a note to the prisoner by my man, and he brought me back this letter (Promissing to call and make payment)—he did not call—on the evening of 7th April I met him in the street and asked him who the drawer of the cheque was, Francis Morton—he said he was one of the firm of electrical engineers at Leadenhall Chambers, Gracechurch Street—he said he had had a great many cheques of Letts previously, and that they had always been good; that he should be receiving some more rent in the course of the week, and he would come round to me with the money and take the cheque—he said he would not Take the cheque from Letts until Letts had taken him to Morton's office and shown him that there was such a place and such a man—on 7th April I received this letter asking me to let the matter stand over till 5 next day, when I should have it without fail—I saw him from time to time after that; he promised payment but never paid—about four months afterwards I heard of something that had occurred with Mr. Guyott and Mr. Hicks—I went to Mrs. Morton, the prisoner's mother, but I never had the money.
Cross-examined by MR. AVORY. There was an office of Morton Brothers, the name was up on the door—I went to Elm Park Road, to a house that I understood was occupied by the Hon. Mrs. Morton—Mr. Guyott told me that he had been there, and he gave me the address, but I knew it previously through Mr. Hicks—Morris told me on 10th October that he had cashed the cheque for Letts, and that Letts had received, it with other cheques as commission for raising a loan for Morton Brothers.
Cross-examined by MR. MURPHY. Just previous to the last hearing at the police-court I was offered my money, but I did not feel justified in taking it.
ARTHUR SYRETT . I am a carman, employed by Mr. Bassett—I took a letter from him to Morris in April last year—I saw Morris; he took the note and looked at it—he said "I have had a good many from this man, and they have always proved very good."
WILLIAM HILL . I am housekeeper at Leadenhall Buildings, Gracechurch Street—it is a large building, let out in offices—Morton had offices there in the name of Morton Brothers, bank agents—I have seen his brother there, calling occasionally—the prisoner was the tenant; he was the only person we recognised—he had some clerks, not so many as 1l.
Cross-examined by MR. AVORY. There may have been 11 persons in the office sometimes.
Cross-examined by MR. MURPHY. He has been the tenant two years—
the rent was always paid—we looked on him as a respectable tenant—I never saw Morris till I saw him at the police-court.
WALTER TARGETT (Detective Sergeant). On 29th October I arrested Morton on a warrant at 64, Elm Park Road, Chelsea—I read the warrant to him, and told him he would be charged with being concerned with Morris, who was in custody—he said "Have you got Letts?"—I said "No; his name is not on the warrant"—he said "Oh, I thought it was"—on Saturday afternoon, 5th November, I received a warrant for the arrest of Letts—I went to 33, Millbrook Road, Brixton, where he was residing—I could not find him, and I have not been able to find him since; I have made every endeavour to do so.
WILLIAM CLIFFORD (Police Sergeant). I apprehended Morris on 29th October at 22, Ennis Road, Finsbury Park—I read the warrant to him—he said "Have you got Morton and Letts?"—I said "No; we have a warrant; we are going to get Morton, but we have no warrant for Letts"—he said "Oh, he is the worst of the lot."
Cross-examined by MR. AVOBY. I found Morris at his house—I don't know how long he had lived there; I knew nothing of him till I took him into custody.
MR. AVORY called
WILLIAM ROBERT PHELPS . I am a solicitor, and am acting for Morton—I have received some letters from his friends—I handed copies of them to the solicitor for Morris—I produce the originals—among them is a letter dated 14th September, addressed to the Hon. Mr. and Mrs. Morton purporting to be written by Morris, and there are some letters from Morton to Morris.
Cross-examined. I have represented Morris, but not in reference to this case—I have also represented Letts. (MR. AVOBY read a number of these letters to the Jury, with a view to show that Morris had been imposed upon by Morton.)
Morris received a good character.
GUILTY . MORRIS— Four Months' Hard Labour. MORTON— Six Months' Hard Labour.
NEW COURT.—Monday, January 11th, 1886.
Before Mr. Common Serjeant.
170. GEORGE GREENLAND (49) PLEADED GUILTY to feloniously forging and uttering receipts to postal orders for 10s. and 5s.; also the endorsement to an order for 34l.; also to stealing while employed in the Post Office a post packet containing a cheque-book; also a letter containing an order for 35l., the property of Her Majesty's Postmaster-General .— Ten Years' Penal Servitude.
171. RICHARD RICE (22) to stealing while employed in the Post Office two post letters, one containing postal orders for 4s. and 2s. 6d. and the other a piece of brass, the property of Her Majesty's Postmaster-General.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
172. GEORGE WIDDOWSON (19) to stealing while employed in the Post Office a letter containing two half-crowns and 120 postage-stamps; also a letter containing a silk handkerchief and 121 postage-stamps the property of Her Majesty's Postmaster-General .— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]And
173. JOHANNA CONROY (20) to unlawfully uttering counterfeit coin twice within 10 days.— To enter into recognisances to come up for judgement when called on. [Pleaded guilty: See original trial image.]
174. JAMES WILLIAM WEDGWOOD (40) , Stealing while employed in the Post Office a letter containing orders for 10s. 6d. and 2s. 6d. and CAROLINE CRAWFORD (26) stealing and receiving the said orders, to which CRAWFORD PLEADED GUILTY .— Six Months' Hard Labour. MR. COWIE, for the prosecution, offered no evidence against WEDGWOOD NOT GUILTY
MESSRS. CRAUFURD and LLOYD Prosecuted.
JOHN HENRY WILKINS . I am 11 years old—on 22nd December, between 6 and 7p.m., I met the prisoner in Farringdon Road—he said "Tommy, will you go and get a quartern of gin in a bottle and get change," and gave me a florin—I took it to the Eagle public-house across the road and asked for the gin—the barmaid looked at it, and then Mr. Saddington looked at it, and said to me, "Look here, if you come in again with bad money I shall give you to the policeman, and have you locked up," and gave it me back—I went out to look for the prisoner, but could not find him, and threw the coin over into the ruins where the workhouse is.
JOSEPH SADDINGTON . I keep the Eagle public-house, Farringdon Road—on 22nd December, between 6 and 7p.m., Wilkins came in and asked the barmaid for a quartern of gin in a bottle, and tendered a bad florin—she brought it to me and said she thought it was bad—I tried it with a tester; it broke very easily—I said to him "Look here, if you bring this bad money in again I shall give you to the policeman"—the boy is a regulat customer; his parents live right opposite my shop—next morning when I counted up my silver I found another one there—it was similar, and I kept it—I had found similar bad floprins a fortnight previous.
ERNEST CHARLES SMITH . I am 11 years old—on 22nd December I met the prisoner against a public-house in Bowling Green Lane—I had seen him before—he asked me to go to Mrs. Brown's and get a half-quartern of flour, and said to Mrs. Brown, "If you please, there is a man outside wants to change bad money," and handed the coin to her—she tried it against the box, and made a mark upon it and kept it—I then went out to look for the prisoner, but he was gone.
By the COURT. I knew it was bad, because I was with the other boy when he tried to do the same with him.
who has sent us boys round with bad money; I think this is bad"—I tried it with my teeth; it grated, and I found it was bad, and marked it on the edge—I threw it down on the counter, and he picked it up—I said "Give me that," and go and tell the man to come here, and before I could get to the door he was gone—I took the coin to the police-court—I had found two others in my till previous to that, and showed them to my husband, and in his temper at my taking them he threw them on the fire, and they melted at once.
WILLIAM TRAFFORD . I am 11 years old—on 26th December, about 9 p.m., I met the prisoner in Goswell Road; I had not known him before—he said "Tommy, go and get a quartern of gin in a bottle at Mr. Bruce's public-house," pointing it out, and gave me a florin—I went there and gave it in payment for the gin—Mr. Bruce came up to me and asked me who gave it me, and kept it—I went to look for the prisoner, but could not find him—he then took me to the station—before I went there the prisoner was brought in by two detectives.
GEORGE BRUCE . I keep the Wellington public-house, Goswell Road—on 26th December, about 9 o'clock, the last witness came and asked for a quartern of gin in a bottle, and put down this florin—feeling it was light I put it in the tester, found it was bad, and detained the boy—shortly afterwards the prisoner was brought in by two policemen, and the lad recognised him at once as the man who had given him the coin—the prisoner was searched, and another bad florin was found on him and three bottles with my labels on—after searching the till I found three more bad coins there—I had sold three bottles that evening—the coin found on the prisoner and the one passed by him are both dated 1878.
WILLIAM PEEL (Detective Inspector G). In consequence of a communication I had from the last witness, I went to Goswell Road with another constable and saw the prisoner standing with his back to a lamppost on the opposite side of the road watching Mr. Bruce's shop; we rushed up and caught him; he commenced kicking and biting, and we had to carry him into a public-house—I searched him there and found this counterfeit florin and three quartern bottles of gin with Mr. Bruce's labels and two good shillings and four sixpences—the boy immediately identified him—I told him the charge—he said "All right"—Mr. Bruce identified the bottles as having recently been sold.
WILLIAM JOHN WEBSTER . I am Inspector of Coins to Her Majesty's Mint—this coin uttered to Mrs. Brown is bad; it is a clear sign that the two coins that were thrown on the fire and which immediately melted were bad also—these two pieces broken by Mr. Bruce are also bad and from the same mould as Mrs. Brown's—these three coins found in Mr. Bruce's till, two dated 1878 and one 1873, are bad; the two dated 1878 are from the same mould as the one passed to Mrs. Brown, and the one of 1873 is from the same mould as the one found on the prisoner.
GUILTY .— Eighteen Months' Hard Labour.
OLD COURT.—Tuesday, January 12th, 1886.
Before Mr. Recorder.
176. GEORGE EDWARD EVERETT (26) Pleaded Guilty to unlawfully attempting to obtain and obtaining goods and money from George Sampson and others by false pretences.— Eighteen Months' Hard Labour. There were other indictments against the prisoner.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN
After the case had commenced the prisoner stated that he wished to withdraw his plea of not guilty, and to plead guilty to indecently assaulting the two last-named children, upon which the Jury found him GUILTY .— Eighteen Months' Hard Labour.
MR. BROXHOLME Prosecuted.
JOSEPH JACKSON (Policeman D 301). About 12.15 on the night of 5th December I was on duty in Paradise Street, Marylebone—in consequence of cries I went into North Street, and saw the prosecutor lying on the pound surrounded by five or six young lads—I got within ten yards of him; he shouted out "Police, I have been assaulted and robbed"—I recognised Wallace as one of the lads; he was getting off the prosecutor when I came up—he was on the top of him—he got off the prosecutor and ran away—I chased him through North Street into Barlow Street, where I caught him and tool; him back to the prosecutor, and he said "That is one of the men concerned in robbing me, I will charge him"—I took him into custody—on the way to the station Deners came up and caught hold of Wallace's tunic, and said "Jim, you b—fool, don't go with him"—seeing another constable in the street I shouted out "Stop him!" and he ran away, and he was eventually caught by the constable—the prosecutor was a little excited; he was drunk, but knew what he was about.
Cross-examined by Deners. I saw you all in the street about a quarter of an hour before this took place—it was in North Street that you caught hold of Wallace—I can't recognise you as being with the others when the prosecutor was on the ground.
JAMES LAWRENCE (Police Sergeant D 18). I was on duty on 5th December at 12.15, and saw Deners running from Little Barlow Street into Great Marylebone Street—he ran past me, and I heard some one say "Stop him"—I pursued him through several streets, and eventually stopped him in Beaumont Street—I took him to the station—the prosecutor was there, and identified him—he said "That is the man that was with the other one that knocked me down"—he said he had lost about 30s.—he was intoxicated; he knew what he was about.
Cross-examined by Deners. I did not see you near the prosecutor—the prosecutor did not start fighting you at the station; he got up from his seat and the officer told him to sit down—he was very excited.
By the COURT. I searched Deners; I found nothing on him—three halfpence was found on Wallace.
RICHARD COOK . I live at 30, Little Marylebone Street—on Saturday, 5th December, about 12.15, I was walking up North Street, I was knocked down from behind; I did not see who did it—when on the ground I saw Deners; he hid his hand in my right-hand trousers pocket
—I also saw Wallace there; he was on the top of me—I called out, the police came and took him off—Deners ran away before the constable came up—I am positive these are the two men—I was hurt on both sides and on my head, although the blow came from behind it caught me on the temple—I had about 30s. or 35s. in my pocket—when I got to the station I had only 8d.—I charged Wallace with assault and robbery—Deners was not there at first—I don't recollect seeing him—I had had a drop that night—I do not recollect anything that occurred before I was knocked down.
Cross-examined by Wallace. I did not stand out in the middle of the pavement and say I would fight any number of militiamen like you—I did not knock you down—there was no fight or struggle—it was Deners that robbed me; not you—I was exasperated at the station—a good job I did not get hold of you.
By the JURY. I had 35s. when I started from home—I live not 100 yards from where this happened—I never saw the prisoners before to my knowledge.
The prisoners in their defence alleged that the prosecutor, being drunk, first assaulted them, and in the struggle they fell; they denied any robbery.
NOT GUILTY .
HENRY ALFRED STAGEY . I am Superintendent of Records in the Bankruptcy division of the High Court of Justice—I produce the file of proceedings in the bankruptcy of Ezra Blackaby—the petition was presented against him on 27th February, 1885—Mr. Klotgen was the petitioning creditor, he was adjudicated bankrupt on 29th April—the public examination was fixed for 3rd June—he did not surrender—the matter was adjourned sine die—there was a private examination on 12th May—the transcript of the notes then taken are on the file—in the statement of affairs the prisoner returns his liabilities at 1,057l. 7s. 9d. all unsecured, and the assets 5l. 9s. 4d.—an order was made for substituted service, on the ground that the prisoner could not be found; he is described as of 64 and 65, Bread Street, Cheapside, trading as a trimming seller, trading as Ezra Blackaby and Co.
Cross-examined by the Prisoner. Three of the debts were contracted in 1882 and one in 1880.
GEORGE BLAGRAVE SNELL . I am one of the official shorthand writers in Bankruptcy—I took a short hand note of the defendant's examination on 12th May last—the transcript of my notes now on the file is correct.
WILLIAM JOHN HUGO KLOTGEN . I am a commission merchant of 16, Watling Street—I have known the prisoner some years—I knew him for a number of years before he started in business for himself in July, 1884—soon after that I supplied him with goods—on 27th October he owed me money for goods supplied shortly before that—I had a conversation with him in my office; he wanted more goods; I said "I have never yet asked you what money you had when you started in business;" he said that he had either 200l. or 300l. when he started, and that he expected 500l. more, in which case he would be able to pay cash for all that he bought—on 26th and 27th October I supplied him with 382 1/2 down of
feather trimming at 7s. 0 1/2 d. per dozen yards, amounting to 130l. 13s. 11d.—I got this receipt for the delivery of the goods signed by a man in his service named Hunt—on 22nd November I supplied him with a further quantity of 336 1/2 dozen of feather trimming, of which two dozen were allowed as short—they were invoiced to him at 9s. 9d. per dozen yards, amounting to 162l. 17s. 4d.—this delivery receipt was signed by his traveller Gatti—the prisoner first had samples of the goods; both the price and the quantity were then fixed, a day or two before delivery—this memorandum dated October 27th has reference to the goods I sold on that day. (Read: "Gentlemen, have sold the feather trimming, kindly deliver the same tonight.") This other memorandum is dated November 21st, 1884. "Gentlemen, I have sold the 262 pieces of marabout trimming; please send them in this morning, as I have to deliver them in the afternoon; if you can possibly give me a turn in the price please do so"—that refers to the goods supplied on the 21st at 9s. 9d.—the prices were marked at that time—a day or two after 22nd November he came and said that his customer objected to the quality of the goods as not up to sample—I asked who his customer was; he declined to tell me—I said "What kind of a firm is it?"—he replied "A good suburban house"—a day or two afterwards he brought back 22 of the pieces he said his customer objected to—I went through them with him and compared them minutely with the sample, and we found that they were fully and fairly up to sample—I said "Your customer has no right to make a claim, and I myself cannot make a claim on the goods upon any one"—he said that his customer had no right to make a claim, and that he would settle the matter with him; and he took them back—a day or two afterwards he sent me this memorandum (This stated that he had persuaded his customer to take the lot)—that was the last I heard of it—in addition to those two parcels I supplied other goods between that time and January, 1885—ultimately, on 27th February, I presented a bankruptcy petition against him, that was after I had obtained judgment for one month's account, amounting to about 170l.; at that time he owed me about 367l. including these two amounts; they have never been paid.
Cross-examined by the Prisoner. I am a German by birth—I have been in this country 17 years—I have known you about 15 years—I was an agent in Friday Street, in partnership—I knew you then in a large firm, and considered you a respectable young man—I knew you with other highly respectable firms—I looked upon you as a man who knew his business well—I did not tell you in August, 1883, to come to my warehouse, and that my object was to start you in business—you never asked me to lend you 200l.—I would not have lent you money—if I had thought you wanted money I would not have let you have my goods—the end of November was the fag end of the season—the goods you bought were not bad or inferior and under sample.
HERMAN LOUIS ENTHORPE . I carry on business with Mr. Sadleir as commission merchants, in Hamsell Street, City—I know the prisoner—on 26th November I sold him a quantity of beading gimp (prior to that day I had given him some samples)—he said he had sold the goods and he wanted us to send them in immediately—we arranged to allow him 17 1/2 percent., that brought the net price of the parcel to 93l. 15s. 10d.—this is a copy of the invoice that was sent to him—he said he had sold them to Mr. Owen, of Westbourne Grove, and he asked me to date them forward,
as he had to date his goods forward, and we agreed to it, and dated them 20th December—he has not paid us anything on account of those goods.
Cross-examined. I am a German by birth—I understood your connection to be principally with mantle houses—it is the custom at that time of the year to date forward.
DIGBY SADLEIR . I am partner with Mr. Enthorpe—I supplied the prisoner with the samples of this gimp—I saw him on 26th November, and had some conversation with him about the price, and ultimately I agreed to take 17 1/2 per cent, discount off the invoice, which brought the price to 93l. 15s. 10d.
Cross-examined. Your room was a very small one—I asked you for references and you referred to Mr. Klotgen.
ROBERT HEPENSTALL . I am buyer to Mr. William Owen, 12, West-bourne Grove—I know the prisoner's traveller, Gatti—he called on me at the end of November and showed me some boxes of feather trimming—he afterwards sent 334 yards of feather trimming, which I bought at 6s. 11d. a dozen—on 26th November he handed me this invoice—it exactly corresponds with the description in Mr. Enthorpe's invoice—I have not the slightest doubt they are the same goods.
Cross-examined. I have been a buyer about 12 years—I made Gatti an offer for these goods—I don't remember seeing the invoice; it was about 100l.—I told your traveller when he called on 22nd November that they were not up to sample—I came to prisoner's warehouse about it—I saw the size of it—I concluded that it was not big enough to contain the parcel of goods—you took some of the boxes away—you Drought them back and tried to convince me that they were up to sample—I said they were there at the prisoner's risk, because I had not signed for them—you saw me once or twice after you sold me the goods—I told you to take them back, that they were not good enough for me—I can swear they were not up to sample—I did not know that you wanted money—you did not say that you sold them at that price to avoid bankruptcy.
Re-examined. The prisoner asked me if that was the best price I could afford, and I said yes, and I should expect them fully up to sample if I kept them—when they were delivered they were not up to sample—he had agreed to take 6s. 11d.
By the JURY. This was a job lot—I did not consider them worth 9s. 9d.—I should consider them very dear at that price, I should not have entertained it.
EDWARD WASON FREESTONE . I am clerk and cashier to Mr. Owen—I made out this cheque for 52l. 18s. 9s., crossed it, and sent it to the prisoner through the post—I made it out from the statement after the invoice was passed—I checked the statement with the invoice—it was for the feather trimming—I got back a receipt by the prisoner—on 28th November I made out this cheque for 50l. 8s. for the gimp after discount had been deducted.
WILLIAM WALTER PARTRIDGE . I am a partner in the firm of Hare, Partridge, and Co., of Falcon Street—on 28th October, 1884, I purchased of the prisoner 412 yards of feather trimming at 6s. 6d. a dozen, amounting to 122l. 14s. 10d.—the invoice is for 134l. 1s. 10d., but some of the goods not being equal to sample were returned—I paid him a cheque on the 28th for 122l. 14s. 10d.—this is his receipt.
Cross-examined. I did not know who they came from—I have been many years in the trimming trade.
ROBERT GATTI . In October and November, 1884, I was in the prisoner's employ as traveller—in October I took some sample boxes of feather trimming to Hare and Co.—they were given to me by the prisoner to sell the bulk—he had not got the bulk in his possession—I got an offer from Hare and Co. of 6s. 6d. a dozen—I went and reported that to the prisoner, and he went with me next day and accepted the offer—our intention when we went was to see if we could not get 7s. 6d.—I went out with the samples with the idea of getting 7s. 11d.—I could not say positively if he gave me instructions as to the price before I started; I wanted the best price I could get; I believe he instructed me 7s. 11d.—I believe after accepting the 6s. 6d. the goods first of all came to the prisoner; they came from Mr. Klotgen—in November, 1884, I took some patterns of feather trimming to Mr. Owen; the prisoner gave me the patterns; he had not the bulk in his possession—Mr. Owen said the best price he could give was 6s. 11d.; I reported that to the prisoner, and he went and concluded the bargain with Mr. Owen—I had been instructed to ask 9s. 11d.—I asked Mr. Hepenstall 9s. 11d., and he said his best price would be 6s. 11d.—I fetched the goods in a van from Mr. Klotgen's and delivered them at Mr. Owen's.
Cross-examined. Mr. Hepenstall complained that they were not up to sample—Mr. Partridge said some of his parcel was bad.
The parts of the prisoner's examination in bankruptcy were read.
The Prisoner's Statement before the Magistrate. "I have a complete answer to all these charges enumerated against me. I beg to reserve my defence. I will call my witnesses at my trial."
MR. KLOTGEN (Re-examined by the Prisoner). You asked me at the Mansion House whether you had been in a lunatic asylum for eight months.
GUILTY . The Jury stated that there was great laxity in the purchasing of the goods.— Six Months' Hard Labour.
The alleged libel was contained in a letter written by the defendant to the prosecutor. MR. BESLEY submitted that there being no publicity given to it the doctrine of privilege applied to such a communication. THE RECORDER was of that opinion and directed the Jury to find a verdict of NOT GUILTY .
In this case the alleged libel was contained in a letter from this defendant to the prosecutor in the last case, and the RECORDER held that the same rule applied, and directed a verdict of NOT GUILTY .
NEW COURT.—Tuesday, January 12th, 1886.
Before Mr. Common Serjeant.
MESSRS. LLOYD and WILKINSON Prosecuted.
Street—on December 11th, between 7 and 8 p.m., a man came in, and in about three minutes the prisoner followed him, and said something to him in a low tone, but he took no notice of her—he had half a pint of fourpenny ale, and paid with this sixpence—I said "This sixpence is bad"—he gave me a shilling; I gave him 11d.—he went out first, and the prisoner followed him in about two minutes—I went outside, and saw her join a man—I communicated with the police—I watched all three of them for ten minutes—Johnson was one of the men.
Cross-examined by the Prisoner. I believe you paid with a penny, not two halfpence.
JOHN BATEMAN (Policeman H 318). On 11th December, about 8 p.m., I watched a man named Johnson; he was taken before a Magistrate, remanded, and discharged—I saw another man with him and the prisoner—the last witness gave me information, and I watched them coming from her house—they passed me, and I followed them to the corner of Hungerford Street, where the prisoner gave the other man, not Johnson, something, and he went away, and returned in seven or eight minutes, and gave her something, and she lifted up the front of her dress and put it down again—she then gave something to Johnson, who went away, and returned, and they walked together to the corner of Buross Street, and stood opposite Bell's, the confectioner's—the man who is not in custody returned, and I saw a constable speak to him, and we went over the road together—the man not in custody ran directly he caught sight of us—Vokes, who was with me, is ill, and not able to come here—I took Johnson, and Vokes took the prisoner, and as we got to the kerb the prisoner said "Cop," and placed her hand to her mouth—cop means "Look out"—Vokes tried to catch her hand, but she held her breath, and something went down her throat—she had that muffler round her neck—I found on her a counterfeit shilling, the sixpence which had been tendered to Mrs. Payne and marked by her, a good shilling, seven good sixpences, a threepenny piece, 3s. 11 1/2 d. in bronze, a box of pills, a postage stamp, two pieces of cheese in separate papers, and a packet of foreign black stuff which blackens money—the third man ran away—both prisoners were violent—I saw the packet taken from under her dress.
Cross-examined. I saw you give Johnson something—I did not see you stoop in Commercial Road.
WILLIAM HENRY BULLOCK (Police Inspector H). The prisoner and Johnson were brought to the station in custody—the prisoner was waiting for the female searcher; I saw that she was fidgety, and said "What have you in your hands?"—she said "Nothing"—I tried her right hand, there was nothing in it—I tried her left and found 1s. 6d. in bad coin—she pulled up the skirt of her dress and handed me a bag—I emptied it on the table, and found 3s. 11 3/4 d. in bronze and 4s. 9d. in silver, a packet of powder, a box of pills, and some stamps—Vokes is ill with bronchitis.
WILLIAM JOHN WEBSTER . I am examiner of coins to Her Majesty's Mint—this shilling and sixpence are counterfeit—I think this powder is a species of lamp black; it is of Swedish manufacture—it can be used to rub over coins to give them tone—the coins are wrapped in paper, and as each is taken out it is rubbed with a rag which is wetted by the mouth to make the powder adhere.
The prisoner in her statement before the Magistrate and in her defence, said
that she picked up the powder, the pills, and the coins, and told the inspector so, and was asking Johnson to sell some flowers for her when they were taken.
ROSA PAYNE (Re-examined). The prisoner had half-a-pint of ale independent of the man; she paid with a penny, I believe, and he with a shilling—I am quite certain that this sixpence found on the prisoner is the sixpence I returned to the man; I know it by this nail mark across it; I noticed that before it was bent in the tester and again afterwards.
GUILTY . **— Eighteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EDWARD HUGHES . I am a dairyman, of 29, Queen Street, Edgware Road—on 9th December, about 5.45, I served Smith with a penny egg; he gave me a shilling, I put it in the till, and gave him sixpence and five coppers—Sellers came in directly afterwards, and I looked at the shilling and found it was bad—Sellers went after the prisoners and brought them back, and I charged them—I had not seen Allen—I am sure this is the shilling.
WILLIAM BRAGG . I am a tobacconist, of 104, Seymour Place—on 9th December, a little before 6 o'clock, I served Smith with half an ounce of tobacco—he put down a shilling; I put it in the till, and soon afterwards a policeman came in, and in consequence of what he said I looked in the till and found it was bad—there was no other shilling there, only sixpences and coppers.
JAMES SELLERS (Policeman D 141). On the evening of 9th December, about 5.30, I was on duty in Crawford Street, Edgware Road, in plain clothes, and saw the prisoners with another man and followed them—Smith went into Mr. Bragg's shop and bought some tobacco—he came out and joined Allen and the other man, who were standing about 50 yards from the shop, and handed something to Allen; they went to 39, Queen Street—Smith went in, and came out and joined them again, and handed something to Allen—I then went into Hughes's shop, who handed me this shilling (produced), and into Bragg's shop, and this other shilling was handed to me, and in consequence of what Hughes said I followed them again; they were all three together; they went to the corner of George Street and I entered Mr. Humphrey's shop, and asked him to assist me—he and a man named Plunkett came out with me; Smith was then gone—I then took Parker, the other man, in custody, and Humphreys and Plunkett took Allen—when we had gone about six yards Smith came up and I took him—I then had one in each hand; a struggle took place and Parker got away—on the way to the station I heard two separate shillings drop from Allen—Mr. Plunkett got a match and found these two shillings—I searched the prisoners, and found on Allen 9s. 6d. in silver and three packets of tobacco, one of which bore the name of the Argyle Restaurant and another of Boswell, a public-house in Oxford Street—I found on Smith a packet of tobacco and a pennyworth of snuff; there was no name on the packet—Parker has since been given in custody on another charge, and is here to take his trial. (See next case).
Cross-examined by Allen. I looked round this spot, but could find nothing—you gave me your right address—it was between the time that Mr. Plunkett left your arm and the constable taking hold of you that you dropped the coins—there were several persons round the spot at the time.
Cross-examined by Smith. You were not coming round the corner when I took you—you did not fall off the kerb—I got you on your back in the struggle—you were coming round to join these men when I took you—I passed you when you were in Mr. Briggs's shop buying some tobacco, but I didn't know then you were uttering counterfeit coin, but when you left Queen Street I thought you were, and took you—no money was found on you.
REGINALD PLUNKETT . I live at 1, Coleherne Road, Earl's Court, and am an assistant to the official agent to the Exhibition—on 9th December I was in Mr. Humphreys' shop—the detective came in, and in consequence of what he said I and Humphreys went and assisted him in taking Allen—Humphreys afterwards left me to go and assist in taking another man—I then went across the road with Allen and met a constable, and asked him to take him in custody—as I went to the constable I heard something jingle on the stones in the gutter, and lit a match and found these two shillings there.
Cross-examined by Allen. I first saw White when I turned round and saw him struggling with Sellers before I crossed the road—between the time of my leaving go of you and giving you to the constable I heard the shillings drop—I looked on the ground with the constable and could see nothing; he did not wait a minute, it was so dark, so I lit a light and found two shillings—I did not see any lamp on the opposite side of the road.
Re-examined. The two shillings were just by the place where I handed over Allen to the constable.
ROBERT HUMPHREYS . I am a silversmith, of 52, Seymour Street—what the last witness has said is correct—I had hold of Allen's right hand—he had a small ticket-pocket on the right side of his coat, and was fumbling in it—I said, "Keep your hand out of there, old man"—he said, "I only want to get my pipe"—I said, "Well, get your pipe"—he got it and put it in his mouth—I had hold of his coat sleeve—he still fumbled about there, and I said, "I wish you would keep your hand down, I won't let you put it there again"—at the cor✗ner of Nutford Place I heard Sellers shouting, and turned round and saw him on the ground with two men—the first man, or rather boy, got away, and I said to a man who was passing, "Take hold of this man's arm, he is in custody"—he did so in a very casual way—I ran to Sellers's assistance, and saw the other man run away—I then assisted to arrest the one on the ground, but he was very violent although he had the use of only one arm—we got him on his legs and walked him up the street after the other prisoner—when we had got about 60 yards I said to Sellers, "There is money dropping"—I did not then know what they were arrested for—I saw Plunkett give Allen into the custody of another constable just before that—we looked about the ground, but it being dark we could see nothing, but Mr. Plunkett remained behind and got a light, and came on afterwards and brought two shillings.
as I took hold of his left hand I heard a sound as of two separate coins falling from his right hand on to the stones—they were afterwards picked up by Plunkett.
Cross-examined by Allen. I did not look for them because I had hold of you, and it was impossible to see them without a light; it was very dark.
The Prisoners Statements before the Magistrate. Allen says: "I never passed any bad money. When the constable said I dropped something they searched the spot where I was standing and found nothing." Smith says: "When I came out of the shop I walked to the corner of the street. I was in the act of turning the corner when I saw the detective coming round with two men in custody. I was walking by the detective when he said, 'I will charge you with uttering.' I was standing on the kerb, and I slipped off into the road. I was taken to the station and searched; no coppers were found on me. I had never seen the other men in my life."
The prisoners repeated the same statements in their defence.
JAMES SELLERS (Re-examined). It was three-quarters of an hour between the time of the man passing the coin at Bragg's and my going there—I saw these men together about half an hour before they were apprehended.
GUILTY . ALLEN.— Nine Months' Hard Labour. SMITH.— Twelve Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
HENRY MELTON . I am landlord of the White Horse Tavern, Long Acre—on 31st August, about 9 p.m., the prisoner came there and my wife served him with half an ounce of tobacco—he gave her a half-crown—she passed it to me—I tested it, found it was bad, and said "Who gave you this?"—he 'said "A man"—I said "What man, do you know him?"—he said "No"—I said "You don't know him?"—he said "No"—I said "Where is he?"—he said "Just outside"—I jumped over the bar, seized the prisoner, and sent for a policeman—when he came we went outside but could see no one—I then gave him in charge—he was remanded at Bow Street Police-station and subsequently discharged.
THOMAS PARTRIDGE (Detective Sergeant E). On the evening of 31st August I went to the White Horse public-house, Long Acre, where the prisoner was detained by Mr. Melton—I said "You will be charged with utttering this half-crown, knowing it to be counterfeit"—he said "A man outside, who was standing in Neale Street gave it to me, and asked me to come in and get half an ounce of tobacco for him"—I left him with another constable who came up and went into Neale Street, but could see no one, and said to the prisoner, "There is no man there"—he made no answer—I took him to the station, where he was charged with uttering this half-crown—he gave his name "Henry Johnson."
POLIXENE PAXAMOS . I am barmaid at the King's Head, Little Queen Street—on 10th December, about 6 p.m., the prisoner came in and asked for a pint of four ale in a can, price threepence, and put down a half-crown—I gave him the change and he left—after he had gone I looked
at it and found it was bad, and put it on the side of the till, and showed it to Mr. Sharpe—I had kept it in my hand all the time—on the following Saturday, December 12th, about 4.30, the prisoner came in again and asked for a pint of four ale in a can—I immediately recognised him—my master came in at that moment and detained him—these (produced) are the two coins.
Cross-examined by the Prisoner. I did not give you in charge on Friday; I waited to see if you gave me another.
THOMAS SHARPE . I keep the King's Head, Little Queen Street—on 12th December I saw the prisoner there and heard him ask for a pint of ale and put down this half-crown—I saw the barmaid look at it—I examined it and found it was bad—I said to the prisoner "What do you want?"—he said "A pint of ale in a can"—I said "I shall detain you"—he said nothing—I gave the two coins to the constable—the first one was in the bar on the dummy where we kept the money.
ISAAC DOWDING (Policeman E 198). I was called to Mr. Sharpe's shop on 12th December about 4.30 p.m., and saw the prisoner standing at the bar—I told him he would be charged with uttering two bad half-crowns—he made no reply—I searched him there, but only found this good shilling and this letter from Conny Smith in the House of Detention—this is the envelope; it is addressed in the name of Andrews—I know nothing of the writer of that letter—the prisoner made no answer either when he was charged or at the station.
Prisoner's Defence. These are the three coins I had.
GUILTY .— Six Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EMMA DWELLY . I manage a sewing machine shop at 366, Oxford Street, kept by Mr. Coleman—on 7th December I sold the prisoner a sixpenny bottle of oil; I do not know with what coin she paid, but at the end of the week I found I had a bad half-crown—each day's takings are kept in separate parcels—she came a✗gain on 11th December for a sixpenny bottle of oil, and gave me a half-crown—I gave her a florin change, and she left—I put the half-crown on a desk, I had no other money there, and in the evening I found it was bad, and gave information to a constable next morning, Saturday, the 12th—on 21st December the prisoner came again for a sixpenny bottle of oil, and gave me a half-crown—I sent for a constable and gave her in custody—I then told her she had been there three times, and I had received three bad half-crowns, and I charged her with two—she made no answer—I gave the two coins to the constable.
she said "Nowhere"—the third half-crown was brought next morning, that was passed on the 7th.
Prisoner's Defence. I was never in the shop till the 21st, when I was given in charge. I did not know the half-crown was bad.
GUILTY .— Nine Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALICE HALE . I am a barmaid at the Cleopatra public-house, Beaufort Buildings, Strand—on 19th December, in the evening, I served the prisoner with half a pint of ale, twopennyworth of bread and cheese, and a stick of celery—they came to 5d.—he handed me a half-crown—I felt it and said, "I think this is a bad one"—he said, "I don't think it is"—I showed it to the barman, who confirmed me—the prisoner said, "Give it to me back"—I did so, as I knew him as a customer, and he gave me a good one from his purse—I gave him the change, and he left with the goods—this is the half-crown (produced).
ROBERT WARE (Policeman E R 10). On 19th December I received information, and about 8.30 p.m. went to a tailor's shop, 99, Strand, where the prisoner was employed as a porter, and found him there—I said, "I have reason to believe you tendered a bad half-crown in payment for some refreshment at the Cleopatra public-house to-night"—he said "Yes," taking it out of his pocket and handing it to me—I said, "Have you any more about you?"—he said "No"—I searched him, and in a purse with some good money I found a second half-crown—the one identified by Hale, and which I found in his purse, was dated 1874, and the one he handed to me was 1880—I said, "How do you account for this?"—he said, "I had better tell you all about it"—I said, "I had better tell you that whatever you say may be used against you"—he said, "I will tell you all about it; I bought them of a man in Crown Street last night"—I said, "What did you pay for them?"—he said, "Sixpence each"—I said, "Do you know the man?"—he said, "No, I was introduced to him by a lad named Johnny Anderson"—I took him to the station—he said that Anderson called a man from a public-house in Crown Street, and got the coins from him—he made the same statement at the station.
HARRY HILLMAN . I am manager to Mr. Carlish, a tailor, of 99, Strand—the prisoner was a porter there—on 19th December I sent him to the Cleopatra for twopennyworth of bread and cheese, half a pint of ale, and a portion of celery, and gave him a good shilling to pay for it—he brought me back a sixpence and a penny change.
The Prisoner's Statement before the Magistrate. "I bought the two half-crowns, but not with the intention of changing them. I meant to make a present of them."
He repeated this statement in his defence.
GUILTY. Recommended to mercy by the Jury .— Discharged on his own recognisances.
MESSRS. CRAUFURD and LLOYD Prosecuted.
JAMES COX . On 28th December, about 3 o'clock, I was barman at the Seven Stars, Whitechapel, and served the prisoner with some rum—he gave me a sixpence; I broke it clean up in the tester, showed it to Miss Hewitt, who is employed there, and returned it to the prisoner, who gave me a good sixpence—it was greasy—he came back about 7.30, when Miss Hewitt served him, but I saw him there.
ADA HEWITT . I am barmaid at the Seven Stars—on 28th December, about 3.30, I saw the prisoner there, and Cox showed me a bent sixpence—the prisoner left, and returned about 8 p.m.—I recognised him, and served him with half a quartern of rum, price 2 1/2 d.—he gave me a shilling—I told him it was bad—he said "Give it to me back, and I will give you some coppers"—I did not give it back—I called the manager, who sent for a constable.
HENRY ALLUM . I am employed at the Seven Stars Tavern—on 28th December, about 8 o'clock, the prisoner came in—the last witness gave me a bad shilling, and I said to the prisoner "This is a bad one, have you any more?"—he said "I did not know it was bad, give it to me back, and I will pay with this, "showing about fourpence or fivepence in copper—the liquor had been drawn, but not given to him—I sent for a policeman—I said "You were here this afternoon and tendered a bad sixpence, you have now tendered a bad shilling, and I shall gave you in charge"—he said "I did not know it"—this is the shilling.
CHARLES BULLEY (Policeman H 404). On 28th December I was called to the Seven Stars, and the manager gave the prisoner in charge—he said "I did not know it was bad"—I found six pennies on him—next morning he showed me a good sixpence, which he said he had found in a hole of his coat where the lining was torn—he put it in his pocket.
The prisoner in his statement before the Magistrate and in his defence denied knowing that the shilling was bad.
GUILTY .*— Twelve Months' Hard Labour.
FOURTH COURT.—Tuesday, January 12th, 1886.
Before Robert Malcolm Kerr, Esq.
MR. HUTTON Prosecuted.
MARY DAVIES . I am the wife of James Davies, but I have not lived with him for some time—I have lived with the prisoner; but during the last six months I have not lived with him, but I have seen him occasionally—about 9.30 on 2nd November he came to my house—I had cheques for 16l. and 12l., and I said to him "I wish to go to the Birkbeck Bank," where I have an account "to pay in these to my account"—he said "Shall I go with you?"—I said "Yes, if you like"—he went with me—I handed in the two cheques and 4l. in gold—we went home together, and when there he said "You are often ill; suppose I show you how to draw up one of these cheques"—I said "Oh, some other
time will do"—he said "I will show you how to draw it up"—I said "If you like"—he drew up this paper, and said "What shall I say you wish to draw, 16l., 14l., or 10l.?"—"Well, say 10l.," I said, "anything you like"—he made it out for 10l., and said "Suppose you sign it now"—I said it was not necessary—he said "Let me see you do it"—I signed it and put it in my desk—I did not know but what it was still there till 1st December, when the prisoner came to my house much the worse for drink—I told him he should not stay—I saw his coat hanging up behind my kitchen door with papers sticking out of it—I said "I believe you have been tampering with my papers"—he said "I would not do such a thing, you have been far too good a little woman to me"—I said "Shall I live till Monday morning I will go to the Bank"—I went to the bank on Monday morning, and in consequence of what I heard there I went to the police-office next morning—I then went with Atkinson to the bank, where I saw three cheques, and I recognised this one as the one I wrote and which the prisoner stole from my desk—I returned, looked in my desk, the cheque was gone—the prisoner came to my house two or three times—I do not think he was alone in my room; he may have gone in; it was my breakfast-room—I saw nothing more of him till he was in custody—the cheque was not dated nor stamped when I wrote the signature; the prisoner must have added that—I wrote nothing but the signature; it was all the prisoner's—I authorised him to write it all except the signature.
Cross-examined by the Prisoner. You went to the bank because you understand business better than I do—I did not ask you to go—you said "Shall I go?"—you had accompanied me there on former occasions—you have conducted my business at the bank—you accompanied me on this day because I had a small account in the bank, and I wanted to pay cheques in and to transfer an account from a Bristol bank, and I wanted you to explain it—I swear you wrote out this cheque on 2nd November after returning from the bank—I did not sign a letter to the Bristol Permanent Building Society on that date—you wrote out no more cheques on that date—there is no other blank cheque in my box—I was not in the habit of keeping papers in my desk downstairs—I placed that there because I knew I should not require it—I put it in my box and thought nothing of it—I had my bank-book on the table when the cheque was made out—you left the cheque ready for me to stamp and date whenever I wished to draw money—I did not practise signing my name before I signed this cheque—you kept away from the house from the 6th November; you were always drunk—I asked you where you got money, and you said you had been voting, and had got 4l.—you stayed one night in my house because I could not get you out—I sent round to your landlady saying I wished to see you at 5 o'clock—you failed to appear, but called to see me two or three days afterwards—I sent out word I would meet you; I had my collars with me to take to the dressers—we went into a public-house then—I never promised you 50l.—we were together in a business which was purchased for 85l.—we sold it for nearly 200l.
By the COURT. I opened my account at the Birkbeck seven years ago—I have had no cheque-book, and have drawn no money out by cheque—it was a deposit account.
had a deposit account there—I see I paid this cheque dated 7th November—I cannot remember who brought it.
HENRY THORNTON . I live at 13, Hilton Terrace, Fulham Road—I know the prisoner to speak to—on 7th November I went to have a glass of beer about 9.30, and met him—he said he was going to town, and that we would go together—my business was in Oxford Street, his in Chancery Lane—I went with him into the Birkbeck Bank, where he presented a piece of paper and drew some money—I believe he said it was his sister-in-law's cheque.
Cross-examined. We had no conversation about going to town the previous evening, it was arranged the same morning.
AMOS ATKINSON (Police Sergeant). I went to Liverpool, where I found the prisoner in custody—I said, "You will be charged with stealing a cheque for 5l., the property of Mrs. Davies, and uttering the same on the 6th or 7th of last month"—he made no reply—I said he would be charged further with uttering two cheques for 10l. on or about the 23rd and 30th of last month—he made no reply—I brought him to London—on the way he said, "Did you say I should be charged with stealing the cheque?"—I said "Yes"—he said, "That is wrong, I did not steal it; she has been a good little woman to me, and I will speak the truth; I forged three cheques and passed them at the bank; I will not try to put the blame on any one else's shoulders; it was all through the drink, and I must have been out of my mind to do so to her; she has always been a good little woman to me"—at the police-court he begged of her not to charge him.
The prisoner in his defence stated that he had lived in adultery with the prosecutrix, and that he had left her under an agreement that the should pay him 50l., and that this cheque was given him as a part of that.
NOT GUILTY .
Cross-examined by the Prisoner. I swear this is not my signature—I have never authorised you to use my name unless when you have written when I have been ill—I always signed letters to my bankers—I said before the Magistrate I did not know till two months prior to 7th December that you had used my name—we took a public-house together, and you passed as my cousin, George Davies.
The prisoner in his defence stated that this cheque he was authorised to draw when he wanted it, as the second portion of the money due to him.
GUILTY. Recommended to mercy by the Jury on account of the relations between the parties.—Judgment respited.
130. JAMES THOMPSON (38) PLEADED GUILTY to breaking and entering a certain dwelling-house and stealing therein a bracelet and other articles, after a conviction of felony in July, 1877, in the name of John Magrath .— Twelve Months' Hard Labour. And
131. WILLIAM WILSON (34) to forging and uttering two orders for the delivery of chamois leathers and knives and forks, the goods of the Decorative Mirror Company, Limited, and obtaining the same goods by false pretenccs, with intent to defraud; also to a previous conviction in May, 1881, in the name of Henry Jones.— [Pleaded guilty: See original trial image.] Judgment respited.
OLD COURT.—Wednesday, January 13th, 1886.
Before Mr. Justice Denman.
132. ROBERT STROUD (53) PLEADED GUILTY to feloniously casting and throwing a corrosive fluid upon William Swainton, with intent to disfigure and to do grievous bodily harm.— Five Years' Penal Servitude.
133. JOHN MAGEE (23) , Feloniously sending on December 5th a letter to His Royal Highness the Prince of Wales demanding money with menaces, without any reasonable or probable cause. Other Counts for threatening to kill and murder the Prince of Wales.
MESSRS. POLAND and MONTAGU WILLLIAMS Prosecuted; MR. BESLEY, at
the request of the Court, appeared for the Prisoner.
After MR. POLAND had opened the case, MR. BESLEY stated that the prisoner was desirous of withdrawing his plea of not guilty, and pleading guilty to sending the letter with the intention of obtaining money; and the prisoner himself so stating to the Jury, they found him GUILTY on the First Count. —Seven Years' Penal Servitude.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
ALICE HARRISON . I am the prisoner's wife—on 22nd November I was living with my mother, Mrs. Hall, at 1, Liddiard Road—my husband had been away from me for about six months—on 22nd November, about 10.50 p.m., I went out for the purpose of getting some milk and beer—I went for the milk more especially for the baby—I had two jugs in my hand—I had parted from my husband that night on very good terms, but he had expressed a wish that I shouldn't come out again that night, and I said I would not, but I did to fetch the beer and the milk—after I had got the jugs filled and was returning from the Whittington public-house, as I turned the corner I saw my husband—I did not see where he came from—I went up to him—he said "I thought you was not coming out again"—I said "I had to come out"—he said "I am afraid you are deceiving me"—I said "I am not"—we were standing still when that was said; we then went on—our house is in the brickfields, which I had to cross—he continued to walk with me there—he seemed suspicious of me, and said he thought I had been talking to a man at the Whittington—I said "I have just left Mrs. Cashbold at the Whittington"—we continued to walk along the brickfield, and he hit me with his hand, and I
fell down, and I think I then lost my senses—I don't know what he struck me with afterwards—I next remembered my mother coming and taking me to 1, Liddiard Road—I was within hearing of her—I remember screaming to her before she came—before he struck me he said "If I thought you were deceiving me I would do for myself and you too"—I was taken from my mother's house the same night to the Great Northern Hospital, and remained there three weeks as an in-patient, suffering from the injuries I had received.
Cross-examined. We have been a very affectionate couple—when he struck me and I fell down the jugs fell from my hand; one was broken and one was not—they were both pint jugs—there were a lot of broken bricks lying about there—when I met my husband I told him he had been drinking—he seemed to be rather under the influence of drink.
MARY ANN HALL . I am a widow; the last witness is my daughter—on 22nd November last she was living with me at 1, Liddiard Road, Archway Road, Highgate—on that day between 1 and 2, as we were going to see a little girl at the hospital, I saw the prisoner standing near the Railway Tavern—on that same night, about 10 minutes to 11, she went out with the prisoner—I gave her two jugs; they were then on friendly terms for anything I know—she went to fetch some milk for the baby—some time after she had gone, when it was quite time she was back again, I heard a noise as of dogs barking or a man shouting, which attracted my attention—I went into the brickfield, and heard my daughter's voice, and went towards the place, which took a very little time—I saw her lying on the ground, and the prisoner either kneeling down or stooping down close to her, and I heard her say, "He is killing me," or something to that effect—I said "Oh, you villain; it is you, is it?"—he said "Yes, it is me, and I will serve you the same," and ran towards me—I ran away, and called "Police"—the prisoner turned and went Highgate Hill direction—my daughter was still lying on the ground covered with blood, which was streaming from the head down the side—I assisted her home, and afterwards got a cab, and took her to the Great Northern Hospital—I then saw the police, and they went and saw her in the hospital—I saw a white hat and jug near the place where my daughter was lying, but took no heed of them.
Cross-examined. I saw a broken jug lying alongside of her—I can't remember whether I told the Magistrate about her saying "He is killing me," nor did I say that he said "I will serve you the same"—I did not wish to say it, but I was told I must.
JOSEPH CHANDLER (Police Sergeant Y 24). At half-past 2 on the morning of November 23rd I went to 1, Liddiard Road, Islington, and into the brickfield where Mrs. Hall's house stands—about 40 yards from the house on the footpath I saw two pools of blood about two or three feet distant from each other; I also saw these pieces of a broken jug about two or three feet from the nearest pool, and this other one was afterwards handed to me by Mrs. Howell, the landlady of the house where she was living—this piece of brick I also found with stains of blood on it, about two feet from the pools of blood.
JAMES HOBBS (Policeman Y 253). On Tuesday evening, 24th November, about 8 o'clock, I was on duty near the Archway Tavern, Highgate, and from what I heard I went to Mrs. Hall's and found the prisoner sitting there with a man in a back room—I said "Which is William
Harrison?"—no one answered—I then said to the prisoner, "You are the man according to the description"—he said "Oh"—I said "I shall take you in custody on a charge of violently assaulting your wife"—he said "All right"—I then took him to the station—on the way he said "I am very sorry, I have forgiven her several times, but on Sunday night I had a drop of beer and I couldn't resist, as she aggravated me to it; there is no man knows my feeling"—he was charged in the usual way, and made no answer.
WALTER THOMAS STRUGNELL. I am house surgeon at the Great Northern Hospital—on Sunday night, 22nd November, a little before 12 o'clock, Alice Harrison was brought there by her mother, and I attended her; she was bleeding profusely from the head—I examined her head, and found 11 scalp wounds and several bruises, the wounds being of two descriptions, some incised and some lacerated—I mean 11 bleeding points; there were about five wounds I should think which cut through both skins—there were also several bruises on the face and two bruises on the neck, about the distance of a finger and thumb, as of some one grasping the neck—I washed some particles of apparently brickdust from the contused wounds—she was conscious—there was no appearance of concussion—she remained under my care as an in-patient from the 22nd November to the 10th of December, and attended once or twice afterwards as an out-patient—they were serious injuries at the time, because they might have resulted in erysipelas—she is now I believe quite recovered—the incised wounds might have been done with the blow of a jug.
Cross-examined. Some were torn and some clean cut wounds—I should think there were three incised wounds out of the five—an incised wound might be caused by falling on a clean cut edge, a lacerated wound would be caused by suddenly falling on a rough surface—they were absolutely distinct wounds, all separate from one another
GUILTY of unlawfully wounding .— Eighteen Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN
JOHN WILLIAMS . I live at 8, Sheridan Street, Weston Street, St. George's-in-the-East, and am a net-maker—the prisoner is my son, and is 18 years old, and works at the same trade; he has been a volunteer between six and seven months—he followed his trade up to the time this matter occurred—I had also living with me a daughter Ellen, aged 16—we three occupied the same back room, on the first floor—on Wednesday afternoon, 2nd December, about 5 o'clock, my son went out—he went out in the morning and brought home some bags to work—when he went out at 5 o'clock he was all right—he returned at 20 minutes after 12; he was then drunk—I was in my room, but had not undressed—my daughter was in bed—he said, "Are you waiting up for me, father"—I said, "No, Jimmy"—he said, "Go to bed, father"—I said, "No, you go to bed"
—with that he began to undress himself—he again said, "You go to bed, father"—I said, "Did you bolt the door when you came in, Jimmy?"—he said "Yes"—I said, "Mr. Warby is not in;" that is the landlord—he said, "I don't know whether I bolted it or not, you had better go down and see, father"—he was then undressed, and when I came up I undressed myself—the door was fastened—the prisoner was sitting at a table writing on a piece of paper—he said to the deceased, "How do you spell Casen?"—that is the name of the lodger downstairs—she said, "Oh, you know better how to spell it, Jimmy, than I do"—he said, "Hush, there is somebody in the passage"—I said, "It is Mr. Warby"—the prisoner then went down in his shirt into the yard to see who it was—he was away about a minute or a minute and a half—he then said, "Are you going to bed, father?"—I said, "No, Jimmy, I am not going to bed yet"—he then picked up a rifle from behind the door; as soon as he did so it went off—I sung out, "Murder, murder; you have killed your sister; Warby, Warby;" and got hold of the gun and wrestled with him, trying to get it away from him, but he was too strong for me—he said, "I have shot my sister, I know I have shot her, and if you had been in bed as you were on Monday night I should have shot you first, and then Ellen, and then have done for myself"—I held the gun till Mr. Warby came to my assistance and pulled it out of his hands—I took this cartridge from his left hand, and took it downstairs—the prisoner said, "You have got it"—I saw three cartridges in a drawer five or six weeks before this, and afterwards I saw only two, and I said, "Jimmy, you have been shifting these things out of here, there is only two"—he said, "Yes, I gave one away to the man who gave them to me"—the rifle was never loaded—the prisoner and the deceased used to play with it, and she used to help him clean it—after the landlord came he was taken to the station—this was the second piece of paper he had written on; the first one he tore up—my daughter was taken to the hospital, and died at 8 o'clock the same morning—she never spoke from the time she was shot—a letter came for Williams on the Tuesday mornning before this happened, and I took it in and thought it was for me, and said to the prisoner, "Here is a fine order here for some work"—he read it to himself—I said, "Jimmy, who is it from?"—he said, "It is not for you, it is from Cork"—with that the deceased sat up in bed and said, "It is my letter"—I said, "Well, if it is I will have it read first," and took it down to her sister, and afterwards gave it to her—when she was dead I took it from her pocket with another letter—I could not read them; I put them in the cupboard, and afterwards gave them to the police.
Cross-examined. I have been married twice, and have had 19 children altogether; the prisoner was the sixteenth or seventeenth child—as you come into the room her bed lay on the left—it is not a very large room—the prisoner and the deceased have always been living with me—he was always a very good son and very fond of his sister, and used to buy her things out of his own earnings—he did not put the rifle to his shoulder and take aim, he fired it at random in a careless kind of way—he was very drunk, and staggered about the room—on the Monday before this he stopped out very late, and I went down to unbolt the door for him—he has told me at times that he has seen persons coming into his room and worrying him, and I have laughed at him—some years ago a girl he was very much attached to died, and ever since then he has been very
different in his manner; people have told me so, and I have noticed a great change in him—16 of my children have died—I have left him with his sister before this—he helped to support the home.
Re-examined. He had a disappointment in love—he has attended to his work ever since—he used to say that somebody was worrying him after he had been drinking, and sometimes before he had had any drink—I used only to laugh at him—he ceased to go to school a little before he was 16—I cannot read or write myself—he is a very good writer.
By the JURY. The bed was on a bedstead; not on the floor.
THOMAS WARBY . I am landlord of 8, Sheridan Street—the last witness and the prisoner and his sister Ellen lived there between 18 months and two years—I got home on this night about half-past 12, and was having my supper downstairs, when I heard some one come downstairs in a shuffling sort of manner as if they were drunk—I then saw the prisoner in the yard, and heard the father talking to the deceased upstairs—I then heard the prisoner return upstairs, and I went and bolted the backyard door, and went upstairs to my own room on the same floor as theirs, and was undressing myself to go to bed when I heard the report of firearms, and heard the father call out "Murder; Mr. Warby, come and help me"—I was putting on my boots when I heard the prisoner say, "Yes, this was meant for Monday night; if you had been in bed to-night as you were on Monday I meant to kill you first and kill my sister afterwards, and then have done for myself"—I went to their room and saw the prisoner and his father struggling with the gun—I got in between them and got it away from them—the prisoner then said "I have killed my sister Ellen"—nothing was said to him before that—I said "I will go for a constable,"—and went for one and gave him the gun, and brought him back to the house—I did not excitable and drunk at the time.
ELLEN CASEN . I am the wife John casen, and live at 8, Sheridan Street—I have a brother named Maloney, a soldier, who used to walk out with the deceased—I was asleep on this night when this occured—I was woke up; the prisoner came down to my door and said to my husband, "Mr. Casen, I have shot my sister; will you go for a constable and take me?" and said to me, "Mrs. Casen, I have shot my sister; will you go up to her?"—I went up, and found her injured and bleeding—a constable came while I was there—the prisoner came up after I was there, and I heard him say to his father, "Father, I owe Mrs. Casen 5s., take the bags home and pay her"—he gave an address which I don't recollect—he did owe me 5s., which I had lent his sister for him—he had made these bags, and his father was to take them home and get paid and pay me my 5s.—I do not know the prisoner's writing—my brother, the soldier, went away to Cork—these letters and envelopes are in his writing.
Cross-examined. I have lived in this house about three years—I was there before the prisoner came, about a year ago—I was rather intimate with his sister, and so far as I saw he has been a very kind and affectionate brother to her.
THOMAS BOND (Policeman H 365). About quarter to 1 on the morning of 3rd December I was called by the landlord, who was carrying this rifle, to 8, Sheridan Street—I met the prisoner outside the door; I was
in uniform—he said "I throw myself in your hands; I have just shot my sister"—nothing more was said then—I went with him to the back room on the first floor, and saw the deceased in bed—I spoke to her but got no answer—I turned to the prisoner, and said "Why did you do it?"—he said "I had a cause to do it; I meant to do it on Monday; I brought three rounds from the butts; one I gave away and the others I kept; I did not like a letter that came here last Monday"—I then said to him, "You will be charged with attempting to murder your sister by shooting her with the rifle"—he said "I hope she is dead, and I will be hung for her"—he was drunk and very excited at the time—some one gave me an empty cartridge-oase at the top of the stairs.
JOHN QUINN (Inspector H). About 1 o'clock on this morning I went to 8, Sheridan Street, and found the deceased in bed in the back room on the first floor; a doctor afterwards came and saw her; she was quite unconscious, but alive; she was removed to the hospital—I saw the prisoner, and said to him "You will be charged with attempting to murder your sister, and probably with murdering her"—he said "Wilful murder; yes, I meant to do it"—I then had him taken to the station, where he was charged with attempting to murder Ellen Williams, his sister; it was read over to him by the inspector, and he said "Quite right, governor"—the same morning I went to the London Hospital, and heard of the death of this girl—I afterwards saw the prisoner at the station, and told him that his sister was then dead, and he would be charged with murdering her—he said "Yes, sir"—when I first saw him he was excited and the worse for drink—I took possession of the rifle, and the father handed me this cartridge; it is a rifle-ball cartridge stamped with the Government mark—I searched the bedroom, and found a hole at the head of the girl's bed, and about 3 1/2 feet from the partition—the bullet was embedded there; I took possession of it—the surgeon who came first was Mr. Michael McCoy; he was examined before the Magistrate, and the prisoner had an opportunity of examining him—his evidence was read over to him in the usual way.
WALTER BLACKSTAND . I was late house surgeon at the London Hospital—I was examined befor the Magistrate—I know Mr. McCoy, surgeon—I did not hear him examined—I heard his depositions read over to him after he had been examined—I have seen him to-day; he is ill in bed, spitting blood, and unable to come here to give evidence; it would be dangerous for him to do so. (The deposition of MR. MCCOY was here read as follows: "I live at 300, Commercial Road, and am a surgeon—I was called to 8, Sheridan Street about 1 o'clock this morning—I found Ellen Williams lying in bed on her back, unconscious—I found a deep lacerated wound on the right side of the temple; the bone was fractured; her face was covered with blood; there was a wound on the back and forearm such as would be caused by a bullet passing through the arm; the wound on the temple was such as would be caused by a bullet—the prisoner was, in my opinion, drunk, and appeared to have been drinking for some time." I saw this girl when she was brought to the hospital; she died at a quarter-past 8; she remained unconscious and unable to say anything—a post-mortem examination was made afterwards—I found a wound through the right hand and through the middle joint, coming out through the palm, and then through the forearm, shattering it, and another through the side of the
right temple region, lacerating the brain—the skull was extensively fractured; that was the cause of death—a bullet from a rifle would have caused that.
Cross-examined. The direction of the bullet was slanting; it did not enter the skull; death was caused by the shock to the brain.
By the COURT. The bullet did not enter the brain; it smashed the skull, evidently hitting it in a slanting direction, the fragments of bone injuring the brain.
JAMES MARLEY . I am sergeant major in the Second Tower Hamlets Rifle Volunteers; the prisoner belonged to that corps since July last—on 29th August he passed what is called class firing; that is, according to the regulations, each volunteer has to fire 20 shots and gain 40 points; he had done that—this is one of the Government cartridges—the volunteers are not allowed to take away any cartridges—previous to the practices the guns are examined, and again at the conclusion the pouches and guns are examined—they ought not to take any away.
Cross-examined. The rifles served to that corps are the MartiniHenry; there is no half cock to them, only one motion and it goes off—the prisoner was posted to a company, but he was still at recruit's drill.
JAMES MALONEY . I am a private in the 1st Battalion of the West Surrey Regiment, stationed at Cork—I went there on the 17th November—Mrs. Casen is my sister—I knew the deceased girl Ellen Williams and used to walk about with her and I took her to places of amusement twice—before I went to Cork she asked me to write to her and I wrote these two letters of the 21st and 28th November—I do not know the prisoner; I have never seen his face—in the letter of the 28th I speak of some little "blot," I means "bloke"; that does not mean the prisoner.
Cross-examined. I used to go in uniform quite openly to the house—in that letter there are some expressions which I heard on the stage.
HENRY CHARLTON BASTIAN , M.D., F.R.C.P., F.R.S. I am one of the physicians at the University College Hospital and at the National Hospital for the Paralysed and Epileptic—since the prisoner has been in custody I have been requested by the Treasury to go and see him—I saw him on the 1st and 7th December with Mr. Morgan, the resident surgeon of the gaol—I examined him to see the state of his mind, and could find no evidence that he was not of sound mind—I asked him questions with a view to testing his mind—I was with him nearly two hours on the first occasion.
Cross-examined. He is distinctly of a low mental type and probably not a very strong brain—I spoke to him about this occurrence—he spoke on one occasion about people coming into his cell, and said he thought on one occasion he saw two of his companions playing at bagatelle in the prison cell at night—if he had been sleeping before, that might have been a dream—I heard his father say that he had said people were coming into his room—I can account for that in no other way than that of his suddenly waking out of sleep, or that he was not sober at the time—a month would remove the effects of drink from him—I saw in the depositions that were sent to me by the Treasury that he had twice attempted to commit suicide while intoxicated; the first was two years ago and the second on the Monday previous to this occurrence; the first time he was only 17; notwithstanding these two attempts at suicide I still adhere to my conclusion. Q. Supposing this man of a low mental type, who had been drinking, would you say he would be in such a condition as to know
the nature of his acts? A. That is a question whether a drunken man knows the nature of his acts—supposing a man has been brooding over an act for some time, after the deed has been carried into execution there is a great mental relief, and in some cases he might write a letter or give an intelligent account of it.
By the COURT. I did not tell the prisoner the object of my visit or that I was a medical man—he was brought in to me to the medical officer's room and I examined him about the events of this day—I said "Do you recollect loading the rifle?" he said that the rifle was not loaded and was never kept loaded—I said "Don't you recollect about the report?" and he then said he recollected firing the rifle and hearing his sister scream.
LLEWELLYN MORGAN . I am surgeon of Her Majesty's gaol at Clerkenwell—I first saw the prisoner on the 3rd December; I have seen him daily since; in my opinion he is a man of sound mind and understanding—I was present when Dr. Bastian examined him—I have asked him to describe the occurrences of that day and he has told me that he came home and remembers firing the rifle, but nothing more than that—he has always said he was drunk at the time.
Cross-examined. There are on an average between 300 and 400 persons waiting for trial at the House of Detention—I look in at them every day, but we have special cases to attend to—the longest time I have spent with the prisoner is about an hour—during the time I have seen him he has been treated for something else—a little beer would upset his brain, but I can't say whether it would have more effect upon him than an ordinary man, it would sooner affect him—I only came to the conclusion that he was of poor mental type by examining him—he appeared when he spoke to me to give me his full confidence.
Re-examined. In all these special cases in which we have to give evidence we go to see the state of the person's mind.
Witnesses for the Defence.
SARAH ISAACS . I live at 25, Cecil Street, Commercial Road—I have known the prisoner all his lifetime—about two years ago a girl who was my servant, to whom he was very much attached, died—I saw him on Boxing day about two years ago, he came and shook hands with me and said "Good-bye, you will never see me again"—I said "Oh yes I shall, if I only see your body"—I dealt with it as a joke—next day I heard he was in custody and that he had jumped over Old Gravel Lane Bridge—I have noticed a very great change in him since this girl's death—he has told me that he has seen such a lot of men come into his room to trouble him—I have seen him and his sister together frequently; they have been very affectionate together, they always called each other by pet names.
Cross-examined. It was shortly after the girl had died that he said he would make away with himself; he was low-spirited about her—he has got his living since then at the net trade—I have not seen him the worse for drink.
Re-examined. That was simply manual labour with the hands.
HENRY BROWN (Policeman H 311). On 26th September, 1883, Boxing day, I had the prisoner in charge for drunkenness and attempted suicide over Old Gravel Lane Bridge—I took him out of the water—I saw him with five or six others coming over the bridge, and the prisoner wanted to fight; he said "If you don't let me fight I will jump over the bridge"
—numbers of suicides have taken place there—he was fined half-a-crown for drunkenness.
Cross-examined. He appeared to be drunk—all his companions were drunk and pushing each other about—I got a rope and threw it to him, and he said hold of it—I heard him tell the Magistrate that he never intended to drown himself, that he could swim—he appeared to be able to swim.
Re-examined. He was on the criminal charge of attempting suicide then, and in his defence he set up that he did not intend to drown himself—this was about 9 o'clock, and very dark—he saw me on the opposite side of the road, but he did not know I had the rope.
By the COURT. He was out of his depth and he swam.
FREDERICK MATTHEWS . I live at 87, Weston Street, Haggerston, and am a waterside labourer—the Treasury have seen me and taken my proof—I was with the prisoner on the Monday night before this occurred, we were crossing London Bridge; the prisoner was drunk—when we were about the middle of the bridge he suddenly ran away from me and tried to get on the parapet; I pulled him down; he then made a second rush and got up there again, but I pulled him down—it was all done of a sudden—there had been no quarrel between us.
Cross-examined. This was about 2 o'clock on Tuesday morning—formerly the prisoner used to drink beer, but he has drunk spirits lately; he said something was the matter with him, and he drank gin; I have seen him drinking it night after night, and was nearly every night drunk—I was with him on this Wednesday night, 2nd December, at a public-house about 7 o'clock; he was not sober then—I left him there at half-past 11; he was drunk—he had played bagatelle on the Tuesday night—this public-house is about 10 minutes' walk from his house.
Re-examined. It did not take much to make him drunk, the stuff got very quickly up to his head.
GEORGE HENRY SAVAGE . I am medical superintendent of Bethlehem Hospital—I have had great experience in insanity and mental diseases—I have examined the prisoner at the instance of the defence, and I have heard the evidence in Court to-day—I have formed a judgment of my own from my examination wholly independent of what I heard from others—my judgment is that without being actively insane he is distinctly of a low intellectual power—excess of drink would probably disturb him rapidly and unduly, more so than a person of average intellect.
Cross-examined. I saw him last Monday for the first and only time—I was with him 20 minutes—I do not say that he is of unsound mind; I say he is of low intellectual power, not such as to prevent his getting his living by work—I spoke to him about the act itself—he said he did not recollect doing it—he said he was drunk, and had been drinking for some days—I asked if he had seen any men or strange things in his room; he said he had seen men's faces at night—that might occur to a man who having been accustomed to beer had taken to spirits in excess.
Re-examined. I heard that his business was that of a bag-maker—there is scarcely a lunatic asylum where the patients do not work; the mere fact of a man working at manual labour does not prove him to be perfectly sane—my 20 minutes' interview was quite sufficient to satisfy
me of what I have stated—he had been in custody from 3rd to 11th December when I examined him.
By the COURT. He spoke of seeing strange faces soon after his admission; I do not think he was able to mention the day, but he told me he had seen men's faces at least on one occasion in his cell soon after—he only mentioned one occasion to me—I did not see anything to induce me to think that he was labouring under such defect of reason as not to be capable of knowing the nature and quality of such an act as purposely firing off a rifle; the only thing that struck me was his apparent indifference to his position.
JOSEPH WILLIAMS . I am a step-brother of the prisoner and also of the deceased girl—they were very fond of each other—I did not live in the same house, but at 3, Queen's Buildings, Whitechapel—I have been to the house about twice—I have seen them together—he was engaged to a young woman—I remember her dying; that made a change in him, and he said that he wished he was after her; he would be dead soon—he was fetched home by some lads one afternoon—I lived in the same house then, Roberts Buildings, Commercial Road; I said "James, take my advice and go to bed"—he took his boots and coat off and said "All right, Jim, I will go upstairs and go to bed" and I opened the door—I heard a shout and he was half way up the court; he must have jumped out of the window.
Cross-examined. That was a little while after he tried to jump over the bridge at Gravel Lane—it is two year ago—he had been drinking.
GUILTY of manslaughter .— Fifteen Years' Penal Servitude.
THIRD COURT.—Wednesday, January 13th, 1886.
Before Mr. Common Serjeant.
MESSRS LLOYD and WILKINSON Prosecuted.
FRANCES TYNDALL . I keep a confectioner's shop at 15, James Street, Oxford Street—about 8.45 on the evening of 3rd January the prisoner came in for a quarter of a pound of sweets, price twopence, and put a florin on the counter—I gave it to a little girl next door to go for change—I went to the door to look after her—the prisoner was just outside the door by my side—Mr. Mathews came from next door and said "Who gave you that?"—I said "That young man"—the prisoner said nothing, but ran away—Mathews ran after and caught him—when the prisoner tendered me the florin I asked him if he had any smaller change: he said "No." (A little girl was brought into Court.) That is the little girl I sent for the change, she is four years old
Cross-examined. I was on the step of the door—Mathews did not come inside the shop.
HENRY MATHEWS . I am a fruiterer at 17, James Street, Oxford Street—on the 3rd January a little girl came between 8 and 9 with this two-shilling piece—I discovered it to be bad as soon as she handed it to me—I went to Mrs. Tyndall's shop and saw the prisoner outside the door and Mrs. Tyndall on the doorstep immediately in the doorway—I had the coin in my hand—the prisoner could see it—I said to Mrs. Tyndall "Where did you get this money from? it is bad"—the prisoner did not speak, but ran away
—I followed—he ran into a constable's arms about 100 yards from the shop—I gave the coin to the constable.
CHARLES SQUIRE (Policeman E 537). I was coming out of Duke Street, about 150 yards from Mrs. Tyndall's shop, and saw the prisoner running towards me—I heard cries of "Stop thief"—a crowd was following—I stopped him—he said "Let me go, sir; I knew it was bad"—I was in plain clothes—I saw Mathews, who handed me this coin—I took the prisoner to the station; he was searched, and on him was found two shillings, two sixpences, and 5 1/2 d. bronze, all good—when the charge was taken the prisoner said "That is the same florin I tendered."
Cross-examined by the Prisoner. I am quite sure you said "I knew it was a bad one."
Re-examined. He asked me no question on that at the police-court—I made the same statement then.
The Prisoner's Statement before the Magistrate."The witness Math did not go into the shop; he stood at the door."
The prisoner in his defence stated that he got the florin in his wages, and did not know it was bad.
CHARLES SQUIRE (Re-examined). I know the prisoner by seeing him about; he is a very respectable hard-working young man, and has been employed at Mr. Russell's and at Mr. Emery's, and was at Mr. Russell's at this time, but unfortunately he has got mixed up with bad company.
GUILTY. Recommended to mercy by the Jury on account of previous good character .— Discharged on his uncle's recognisances to come up for judgment if called on.
MESSRS. LLOYD and WILKINSON PROSECUTED.
WILLIAM ALEXANDER HEWITT . I am barman at the Gladstone, 65, Bishopsgate Street Within—shortly after 7 o'clock on the morning of 12th December the prisoner came in for twopenny worth of rum and coffee and put down a shilling on the counter—a gentleman at the bar took it up, broke it in his teeth, and told him it was bad—I said "It is a bad one"—the prisoner only laughed, picked up the bad pieces, and put them in his pocket, and gave me twopence for the coffee and rum—the gentleman who broke it came in occasionally; I know him by sight—the prisoner remained in the house for over half an hour—Eatley, another barman, came down—the prisoner asked him for twopennyworth of rum and coffee—Eatley served him—the prisoner paid with a shilling—I looked at it and told him it was bad, and told the lad to take back the coffee and rum—the prisoner said nothing—I called up the landlord, and the prisoner was given into custody.
Cross-examined. When I first saw you it was about a quarter-past 7; you called for rum and coffee, not for half a quartern of rum hot—you appeared sober—I was by myself behind the bar till the other barman came down—the man that broke the first shilling is a stranger to me—he comes in the house very seldom.
By the COURT. The prisoner might have been half drunk when I gave him in charge, but he had not got so at our house.
By the JURY. The customer was not in the house when he tendered the second shilling—the prisoner made no attempt to run away—I called up to the governor before sending for the police.
SAMUEL EATLEY . I am barman at the Gladstone—on 12th December I saw the prisoner at 7.30—about 10 minutes to 8 he asked me for twopennyworth of rum and coffee and put down a shilling in payment—Hewitt had spoken to me—I took the rum and coffee from him—I did not give him any change.
Cross-examined. You were at the bar when I came down—I saw you offer nothing but the shilling.
ROBERT DEACON (City Policeman 910). I was called to the Gladstone about 20 minutes past 8, and the prisoner was given into my custody—I took him to the station and searched him, and found in his waistcoat pocket loose a shilling, a sixpence, and 5 1/2 d. coppers on him, all good, and a broken shilling in his trousers pocket—he was told the charge at the public-house—he said "If I have got any bad money Frank must have given it to me"—he meant the witness Hewitt—he said the same when the charge was read over to him at the station.
Cross-examined. You were drunk, and staggering—when I brought you out of the cell at 10.30 the inspector said you were too drunk to go before the Magistrate, and you were put back again.
The prisoner, in his statement before the Magistrate and in his defence, stated that he got drunk and did not know what happened, but that he believed the customer had substituted a bad shilling for the one he had put down.
NOT GUILTY .
JEMIMA WRIGHT . I am general servant to Mr. Nicholas Sanine, of 125, Blenheim Crescent—on 16th November I closed the doors and windows of the house at 20 minutes past 10 p.m.—the kitchen window was closed—between half-past 2 and 3 on the morning of the 17th I was awoke by a noise—I heard my master's bedroom door unlocked.
NICHOLAS SANINE . I am a wine merchant, and live at 125, Blenheim Crescent, Notting Hill—on 17th November, about 2 a.m., I was awoke by a noise, and went down to the front door, where I found a constable—when he left me I heard a noise in the area—I threw a flowerpot down, and then saw something like a shadow go past me and escape—one of the other men gave himself up—Clare and Boswell, the other two men, were tried here and convicted of burglary.
Cross-examined. I did not see you; I only saw a shadow.
WILLIAM BAMBER (Policeman X 558). About half-past 2 on the 17th November I was in Blenheim Crescent—I saw a light in the front window of 125—I looked and saw the window was two inches open at the bottom—I knocked at the front door; Mr. Sanine came down and opened it—I went into the kitchen, where I saw two men getting out through the window—I turned my light on, and saw the prisoner was one of the two—he turned and looked at me as he got through—I seized a third man behind the scullery door, and Sanine seized one of the two who got through the window—the prisoner got away—I examined the house, and
found marks on the window corresponding with the knife found on Boswell—on the night of this burglary, about half-past 11 or 12, I had seen the prisoner with Boswell and Clare in Elgin Crescent, the next turning to and running parallel with Blenheim Crescent.
GEORGE BOSWALL . I come from the House of Detention, Clerkenwell—on 16th November I was lodging at 66, St. Ann's Road, Notting Hill; Clare was not lodging there—I, Clare, and another one broke open this house; the other one is not here—I said before the Magistrate: "On 16th November I was lodging at 66, St. Ann's Road, Notting Hill—the prisoner and another man, Clare, were lodging there—I went out for a walk that evening—I remember the prisoner told me to borrow a knife—I did not know what for—I borrowed the knife produced and gave it to the prisoner—afterwards we all three went to Blenheim Crescent, and there we all went down and put back the catch of a window—I was afterwards taken into custody."
Cross-examined. I never knew you; you were not in company with me—I said before the Magistrate what has been read—you are not the Jones I spoke of—you are innocent.
Re-examined. I saw the prisoner at the police-court when he was charged, and said he told me to borrow a knife, and that I went out for a walk with him; that was not true—this is the statement I gave to the Solicitor for the Treasury; I made my mark to it—Morgan the constable told me to say it; he said I would get penal servitude if I did not (MR. WILLIAMS read this statement. It was to the effect that he lodged with Clare and Jones at 66, St. Ann's Road on 16th November; that Jones said he could get into any house with a knife; that he (Boswall) borrowed one, and bought a few matches, which he gave to Jones; that they then went to Blenheim Crescent, that Jones opened the window by pressing the catch back, that the constable came into the kitchen as soon as they were inside, and Jones got out through the window; and that he (Boswall) would attend and give this evidence as he had stated it to Morgan.) I put my mark to it; it is the truth—the prisoner is not the Jones—I had never seen the prisoner before he was in the dock before the Magistrate—I said then the prisoner was not the man—he is a perfect stranger to me.
ROBERT MARKHAM . At a quarter to 8 on 16th December I saw the prisoner in the Globe public-house, St. Ann's Road, Notting Hill—I told him I should take him into custody for being concerned with George Boswall and a man named Clare in committing a burglary at 125, Blenheim Crescent on the morning of 17th November, and also failing to make his monthly report—he made no reply.
Cross-examined. I and another officer took you out of the public-house—I told you of the robbery in the public-house.
ROBERT JACKSON , M.R.C.S. I examined the prisoner's head after he was taken into custody on 24th December—I found a scar on the top of his head towards the right side—I put a hat which was given to me by Bamber on the prisoner's head; I found a hole in the hat corresponding with the place where the wound was—I called the prisoner's attention to it—he said, "It was done by the staff of a warder when I was in the punishment cells at Portsmouth."
Cross-examined. If the bow of the hat came at the back of the head the cut would be on the left side slightly, at the top—the cut on your head was on the right side.
Re-examined. It would depend which way the hat was on—the scar was very near the centre of the head, slightly to the light, sloping from behind forwards.
DANIEL MORGAN (Police Inspector X). Boswall made this statement to me which was read just now—I took it down in writing—this is the mark he made in my presence—I called a warder in, read the statement over to him in the presence of the warder, and asked the prisoner if he had any comment to make; he said "No," and the warder signed it as a witness on each page.
The Prisoner's Statement before the Magistrate. "The witness Boswall says I am not the man and he never saw me before. I have witnesses to prove that during the time that burglary was committed I was in bed and asleep. The prosecutor says he does not know whether he struck the man that got away with a flowerpot or not."
Witness for the Defence.
Cross-examined. That was at Mark Davis's—I did not see Boswall there; I know him as a lodger there—I do not know if the prisoner got up or not—I do not exactly know what day of the week the 16th was on—I went away next morning after fern roots and flowers—I went to bed and slept right through the night, and did not wake till 8 or 9 o'clock; he was not there then—I had my supper about 9 o'clock, and sat up a little more than an hour, and went to bed about 10 or half-past.
GUILTY . The prisoner then PLEADED GUILTY * to a conviction of felony in September, 1879.— Five Years' Penal Servitude.
OLD COURT.—Thursday, January 14th, 1886.
Before Mr. Justice Denman.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. RIBTON
Defended at the request of the Court.
GEORGE BASE . I am a carpenter—the prisoner is my sister-in-law—about a quarter to 8 in the morning I was on the first floor of my brother's house, 31, Talbot Grove, Notting Hill—she had on her knees her baby, named Henry, nine months old—she got up in a very excited condition and rushed to the window with the intention as I thought of jumping through the window—the window was shut, but she threw the child out through the broken glass before we could stop her—she kept shrieking "I have done it!"—she said that several times—the child was afterwards brought back into the room apparently dead—the prisoner had been very excited all the night; I was there all the night with her—she fancied she was bound in the bed, and wanted to get up; she asked us to let her get up and go out—she was not bound, it was an entire delusion—she
said "They want to take the baby from me, and they shan't"—she kept saying that in an excited manner—it was altogether a delusion—she was very fond of her child; it was her only child.
Cross-examined. She was passionately fond of it—it seemed her fear through the night that some one was going to take the child from her—it was the bottom sash of the window that was broken; it was a large window with only two squares—the child was thrown through the breakage.
By the COURT. If we had not held her back I believe she would have gone out with the child—she had been very much depressed for some time—she had had no drink that night or morning, there was none in the house—she was not drunk.
JOHN COONEY . I lodge at this house—about 7.30 in the morning of 6th December the prisoner's husband called me—I went into his room and there saw the last witness and the prisoner—she said "I have done it"—I saw the child alter it was brought up, it appeared unconscious—I have known the prisoner about two months—on 3rd December, between 1 and 2 o'clock in the morning, she rushed out of the bedroom screeching murder—I jumped out of bed and ran to her assistance—when I got into the passage her husband was trying to get her upstairs—she had the child with her—she said there was some one in the room wanting to murder her and her baby—I said "Nonsense, come upstairs," and she went up in a few minutes—she was quite sober—she appeared to be terribly fond of her child—she was frightened that some one was going to injure it.
ERNEST WILLIAM WHITLOCK . I am a registered medical practitioner at Kensington—I know Mr. John Harding, a medical man, who was examined before the Magistrate—I saw him yesterday at his residence, 140, Cromwell Road, Notting Hill; he was in bed suffering from severe sprained ankle—he is not able to come here.
MICHAEL MALONY . I was present when the prisoner was before the Magistrate—Dr. Harding gave evidence—the prisoner had the opportunity of cross-examining him. (Mr. Harding's deposition was read at follows: "The child was brought to me about 8 o'clock on the morning of the 6th—it was then dead; the brain was smashed in, apparently by a fall, which caused death—I have seen the prisoner twice—when I saw her she was not accountable for her actions.")
DR. WHITLOCK (Re-examined). I saw the prisoner on 4th December, about 8 a.m., at her house, the friends had sent for me—she was in a very excited state—she said she had been cruelly treated, and they wanted to take her child away—I did not see the child—I examined her as to the state of her mind—in my judgment she was suffering from delirium tremens—in my judgment she was not accountable for her actions—she had not sufficient reason to know the nature and quality of such an act as the murder of her child—she would not understand what she was about—I advised her husband that she should be watched as a person of unsound mind—I had made out a certificate to that effect, but had not signed it
GUILTY, being insane at the time .— To be detained till Her Majesty's pleasure be known.
MR. POLAND Prosecuted; MR. MONTAGU WILLIAMS Defended.
THOMAS EDWARDS . I am an engraver, and live at 65, Poland Street, Oxford Street—I have know the prisoner personally for some four or five months; he was introduced to me by Mr. Glanville, an engraver, carry-on business at 13, Tottenham Court Road—I gave him several jobs to do for me as an engraver—he is a silver heraldic engraver, and is very skilful—on Tuesday, December 8th, he called upon me, and asked if I could give him employment—I told him I could not—he said "I am in great distress, I don't know what I shall do, I am almost tempted to commit a forgery"—I said "What for?" meaning for what reason—he said "For 1,200l.," and said "I will bring the drawings down, and show you"—I told him I could not be bothered then, and he said he would come another time—the moment he was gone I communicated the facts to Mr. Glanville—the prisoner came next day about 1 o'clock—Mr. Glanville was there; he seemed rather confused—he had a portfolio under his arm—Mr. Glanville went out of the shop—the prisoner then produced from the portfolio this plate, and four copies of notes of 1,000l., 100l., and two 50l.—I saw they were copies by the texture of the paper, otherwise I should not have known but what they were notes—I thought they were samples—I said "What are these?"—he said "They are bank notes," and said "I have drawn them with a pen and ink"—I said "This is a very mad trick you have been doing"—he, whispering, said "They are worth 1,200l. "—I said "They are worth nothing, they are simply a specimen of penmanship"—he said he should like to put them in a place of safety—he said he had made them to make up deficiencies of money he had been robbed of by his lawyers—I, wishing to get hold of them, said "You can place them in my iron safe if you like"—he did so in the portfolio, and went away—when he had gone I showed them to Mr. Glanville and then locked them up in my safe again—on the next day, Thursday, the 10th, when I came home I found the notes had gone—my wife had the key of the safe, and she had given them to the prisoner—I then went and saw the prisoner at Mr. Glanville's shop, and we took him to the Bank of England—he went willingly—we said "We had better take these to the Bank of England"—he said "Ah, yes, perhaps we shall get some money"—we saw Mr. Bailey, the deputy cashier, there, and I showed him the four notes in the prisoner's presence, and told him that the prisoner had brought them to me, and I thought that he seemed very strange in his manner, and it was a very dangerous thing for him to have them in his possession, and thought it to be my duty to take them to him—Mr. Bailey then asked the prisoner if he had any tracings to give them up and he would have the notes destroyed, and would forgive him, and he would hear no more about it, and asked me if I would undertake to deliver up the tracings to him and get them from the prisoner—I told him I thought it would be better if he sent some one with us and save me any further trouble—he then called in Wolsey, a police officer, and showed him the notes, and told him to proceed to the prisoner's lodgings and bring away anything appertaining to them—the prisoner had given his address 7, East Street, Theobald's Road—we four then left the bank together; on the way to his lodgings the prisoner said "Will they destroy the notes?"—I said "It is just possible"—he then
commenced crying, and said "They will never have another engraver like me in the Bank of England"—at his lodgings he produced of his own accord these three tracings, one of which is of a 10,000l. note, and two of 50l.—we then asked him to produce the tracing for the 100l.—he couldn't find it at first, but after a little delay he found it amongst about 30 other tracings in this book—Wolsey then asked him if he had any more about him—he answered "No"—we then told him if he did not deliver everything up we would get a search warrant, and they would search themselves—he then went to a box and produced this plate—we asked him when he had done that—he said "I engraved that three years ago when I was in my father's house at Murray Street, Hoxton"—we then asked him if he had taken any prints from it—he said "No, it has never been out of my possession, I have taken a rubbing from it"—that is simply filling it in with ink or charcoal and then seeing how the engraving comes out—he said the rubbing had got destroyed—I found no tracing from this plate—the officer took possession of all these things, and we then returned to the Bank of England—on the way there the prisoner said "I did the 10,000l. note for His Royal Highness the Prince of Wales"—I know the prisoner's writing—this "J. Green, 90, Murray Street, Hoxton" on the top of this cancelled 10l. note is in the prisoner's writing to the best of my belief.
Cross-examined. I have only known him about four months—I have had about 14 or 15 interviews with him—I used to casually see him when I called on Mr. Glanville, where he was employed by him—he appeared very strange indeed in his manner.
By the JURY. He did not say what amount when he said "Some money"—nothing was said to him to lead him to suppose that we were going to change these notes into money.
ALBERT FRANCIS GLANVILLE . I have heard the last witness give his evidence; it is quite correct—I have known the prisoner for about eight years—four or five years ago I lost sight of him, and then six months ago I saw him again—two or three days before I went to the bank with him he said he had been robbed of 4,000l. by his lawyers—on the Wednesday when I spoke to him about these printed notes, the 1,000l., 100l., and two 50l., I asked him to write down what he thought he was going to get for them, and he wrote these figures: 1,000, 100, 50, 50, summing it up as 1,200l.—he said he wanted to get ten 100l. notes for the 1,000l., and ten 10l. notes for the 100l.—I don't recollect what was for the two 50l.—after I had got possession of these notes I told him to go and fetch Mr. Edwards—he went out, and ran back in two or three minutes and told me if any one asked me where I got the notes from I was to say they belonged to the West London Imperial Benefit Building Society—they had offices at my establishment at one time.
Cross-examined. I said before the Magistrate that for the last six months I was of opinion he was mad; that is rather a strong word—when I lost sight of him for some years I did not know he was a lunatic in Bethlehem Hospital.
WALTER JOHN COE . I am superintendent of the printing department of the Bank of England—I have looked at this copper plate and have made this copy from it, which is correct—it corresponds exactly with this cancelled 10l. note except the letters and numbers at each end—I can see the outlines of the figures on this plate, over the words "I promise"
—the numbers on the notes as we print them are done by a second process, by a second cylinder—this plate, I should say, was done with a graver—these four notes are not printed, they are done with pen and ink; they are a very good specimen of penmanship.
JOHN WOLSEY . I was the officer called into the bank—I went to the prisoner's lodgings—I saw the plate produced and the other things spoken to by the other witnesses—when he returned again to the bank I told him he would be charged with having these notes in his possession and this plate at his lodgings—he said "I engraved the plate myself at 90, Murray Street, Hoxton, my father's house"—he was afterwards detained at the station, where he was charged—he said they were specimens of his handwriting, referring to the four drawings.
Witnesses for the Defence.
GEORGE HENRY SAVAGE , F.R.C.P. I am senior physician at St. Bartholomew's Hospital, and lecturer on mental diseases at Guy's Hospital—I know the prisoner; I saw him daily while he was in Bartholomew's Hospital; on two occasions in 1871 and from 1872 into 1874—he was admitted on both occasions of unsound mind, and on both occasions he improved sufficiently to go on trial, and was then discharged as recovered—I last saw him in 1874.
Cross-examined. On both occasions be began with depression, then he became excited and talkative, and generally maniacal; this was followed by further depression and silliness in mind, but without delusion—I have seen him twice in the House of Detention—he appeared to me to be silly, but without delusions—I saw him last on 1st January; at that time I should say he was weak, but of sound mind.
THOMAS TURNER . I am a lunatic attendant—in the years 1865 and 1870 I was in the employ of the late Dr. Forbes Winslow, at Sussex House, Hammersmith—the prisoner was under restraint there as a lunatic during the time I was there.
THOMAS EDWARDS (Re-examined by MR. MONTAGU WILLIAMS). Since the prisoner has been in custody I have received this letter from him. (This was dated 4th January, 1886, and stated that he had never forged or uttered a single bank note or taken any impression from the plate, which had been in his possession far years; he could not understand his cruel imprisonment, and appealed for mercy on account of his starving wife.
GUILTY, but not being responsible far his actions at the time he committed the act .— To be detained till Her Majesty's pleasure be known .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. CHARLES
MATHEWS defended at the request of the COURT.
GUILTY of endeavouring to conceal the birth .— One Month's Hard Labour.
MR. RIBTON prosecuted; MR. CHARLES MATHEWS defended Kenealy at the request of the COURT; MR. WARBURTON defended Hayes, also at the request of the COURT.
KENEALY— GUILTY .— Twelve Years' Penal Servitude.
HAYES— NOT GUILTY .
Hayes was also indicted for a robbery on the same person . No evidence was offered. NOT GUILTY .
THIRD COURT.—Thursday, January 14th, 1886.
Before Mr. Common Serjeant.
144. HENRY WATTS (29) PLEADED GUILTY to attempted burglary in the dwelling-house of Henry George Grubb, with intent to steal; also to a previous conviction** of felony at this Court in May, 1884, in the name of Joseph Clark.— Eighteen Months' Hard Labour.
MR. PARKES Prosecuted; MR. BROXHOLME Defended.
GUILTY. Recommended to mercy on account of his previous good character. The friends of the prosecutrix joined in this recommendation .— One Month's Imprisonment without Hard Labour .
MR. BURNIE Prosecuted.
GUILTY .— Four Months' Hard Labour.
MR. POLEY Prosecuted; MR. GEOGHEGAN Defended.
HARRY CORNISH . I am a builder, and live at 17, Hatton Wall, Holborn—on Christmas night I went to bed about half-past 8 or a quarter to 9, having locked up my house safely and put my dog down below in the workshop—outside my place I had two long ladders reaching up above the top of the house, 60-step ladders—next door to my house is the Hat and Tun public-house—I was sleeping on the first floor—I was awakened by my wife, and jumped out of bed—the gas-jet was just alight—I saw the prisoner stooping down on the couch as if he had just come in through the window—there are two windows in front of my house, which open both top and bottom, and are about 2 feet 6 inches by 6 feet—I ran and caught him by the throat, while my wife turned the gas up—I had a good look at him, I knew him well—we had a scuffle, and he got out of the window—his coat came open because the pin gave way and scratched my hand; I saw the pin—I had seen the prisoner every day before for months—he escaped down the ladder at the front of the house—he got jammed between my name board and the ladder, and I tried to get hold of him, but he slipped down like a boy with his legs—there was a new lamp outside the public-house, and I had a good look at the man I am positive he was the prisoner—it was 20 minutes to 10 when I looked at my clock—I afterwards gave information and a description of the man to the police, and I went in company of Bendell to one or two public-houses, and then to the Hat and Tun public-house, where we found the prisoner—that must have been about 10 o'clock—among other places before that I had gone to Mrs. Gobie's, where the prisoner was
employed; we did not find him there—on the road to the station the prisoner said, "You have made a mistake; it ain't me at all"—he hesitated till the policeman put his hand on his staff, and then he went—a little boy ran out of the public-house and two women, who said, "You have got the wrong man, policeman; there is a little boy that has seen all about it"—the policeman said, "Come along with me, my little man," and the boy went with us—at the corner of Hatton Wall and Hatton Garden the policeman said to the boy, "What do you know about it, my little man?"—the boy said, "A big tall man with a black coat ran out of the front door"—the policeman said, "You don't know anything about it, my little boy, for the man came down the ladder"—the man in my room had on a low hat and a long overcoat with no buttons on it, which came down to his knees, and long pins—if it had buttons I could have held him when I caught him in my room—one of the pins ran into my hand; my wife saw the wound, and gave me a handkerchief to wrap round it—I did not show it to any one at the station, but I said, "See what he has got in his coat, something has run into my hand"—subsequently I was present when the policeman examined him at the station, and this pin was found in his coat.
Cross-examined. Hatton Wall leads down to Farringdon Road—four days out of the week the ladders are in front of my house—I instructed a solicitor to prosecute, and gave him certain instructions—the pin was not in the prisoner's coat-tails—I did not mention to the Magistrate about the pin in the prisoner's coat, I was not asked about it—the first person I spoke to about it was Inspector Oulet at the station—I forget if I spoke to the constable who took the man into custody about it—I prosecuted a man named Brownie for an assault on me—the Hat and Tun is about the distance from here to the wall from my shop—since I prosecuted Brownie I have not seen him twice in four months—I have not seen him since this burglary—previous to it I did not see him constantly about the yard—he has not worked for me—I have not driven him—the boy gave the constable his name and address, the constable asked for it—a woman and a boy both cried out that I had got hold of the wrong man—the woman was half drunk—the constable did not get her name and address, she ran back into the public-house again—as the prisoner got down the ladder I said, "I know you, I will have you"—I afterwards found him in a public-house within 10 yards of my house drinking—I know nothing about where the prisoner works; he was always sitting in Mrs. Gobie's stable, and I naturally supposed I should find him there; he is always there, and has been for six or seven months—some person tried to break into my house about six months ago—right opposite to my house are model dwellings—the prisoner slid down the ladder into the front of my house.
Re-examined. Brownie is twice the size of the prisoner.
ELLEN ELIZABETH CORNISH . I am the prosecutor's wife—on Christmas night I went to bed and to sleep, and was awakened by a noise; I heard the window slid up and saw the blind move, and I called out to my husband—we jumped out, and I turned the gas up—there was a very short struggle between my husband and the man—I did not see his face, only his form—he was dressed in a long coat and a sort of Oxford low hat—I saw him as he twisted round the ladder—my husband was at the window too—I know the prisoner and Brownie—it was not Brownie, he
it a much bigger and broader man, and could not get round the ladder in that manner—my husband showed me his hand, which was bleeding; he had scratched it.
Cross-examined. Brownie used not to work for my husband that I know of—he used to hang about our place for more than a twelvemonth up to within the last two or three months—since this occurrence I have only seen him once, and that was the Monday after Christmas—as far as I can tell, when I turned up the gas the man was outside our room; I turned to look at my baby, and when I turned again the man was going down the ladder—he had just got out of the window when I turned the gas on—I did not go close to the window—my husband called out "Police! thieves! I know you, I will have you"—I have known the prisoner a long time about the neighbourhood—I only know Mrs. Gobie as living in the neighbourhood, I do not visit her.
Re-examined. I went to the police-court on Saturday, the 26th, not the Monday.
By the JURY. I saw a man go round the ladder and down it; he had along coat and hat on—I do not identify the prisoner—the ladder was straight up flush with the wall.
HENRY BENDALL (Policeman G 253). At 10 minutes to 10 on Christmas night the prosecutor came to me in Hatton Garden, and I went with him to his house, against which two ladders were lashed—he made a communication to me and gave me a description of a man—in consequence I went with him to Mrs. Gobie's and to one or two public-houses, and afterwards to the Hat and Tun public-house, adjoining the prosecutor's house—there is a new lamp there and a good light—I found there the prisoner, another man, a woman, and a little boy in the front of the bar—the prosecutor picked him out as the man that had entered his house through the window—the little boy came up to me, but the woman and man stayed behind and shouted out "You have got the wrong man"—I told the boy to follow me to the station and tell the inspector all about it, but he did not go there, but followed close behind me and shouted "You have got the wrong man, policeman, he was a tall man with a long coat"—I saw the prisoner's hand after the charge was taken the same night, it appeared as if it had been pricked by a needle—I examined the prisoner at the station, and found on him 1s. 4d., a pocket-knife, and a large pin which he had in the breast of his coat to fasten it together, as he had no buttons on it—the pin was two or three inches long—it is the same coat as he has on now—at the station he said he did not know what they wanted to bring him there at all for.
Cross-examined. When taxed with it by the prosecutor in the public-house the prisoner said he knew nothing about it—he said that inside—I have been two and a half years in the force—I did not say to the boy "You know nothing about it, go about your business"—I did not prevent the boy coming to the station and giving evidence; nothing I said prevented his going there—a woman did not follow us part of the way to the station—I did not ask her her name and address; I had the prisoner in custody and could not—Inspector Oulet was at the station, and he went with me to examine the place afterwards—a sergeant was at the station when the boy was charged—the prosecutor did not then show his hand to me—I first saw it when I was going back on duty after I had been to his house—I have heard the constables at the station talk of
Brown as a man of bad character, I think—I don't know that he has disappeared since the prisoner has been in custody, nor that he was always hanging about the Hat and Tun—I have heard him spoken of as Brownie—I know Mrs. Gobie went to the police-court the day the prisoner was charged—I do not know if Walsh and Bannister were there—Mrs. Gobie has stables in a yard near Mr. Cornish.
Re-examined. Mrs. Gobie said at the police-court that her son was in the prisoner's company in the fore part of the evening, and she did not think he could be the man because he had gone away at 7 with the other men who worked for her, and it was 11 o'clock when I and the prosecutor went to the house to make inquiries concerning him, and gave a description and she denied all knowledge of the man—the Magistrate told her she was telling a falsehood.
Cross-examined. It was simply an overcoat—I did not know Brown.
The Prisoner's Statement before the Magistrate. "I was not there, and I know nothing about it."
Witnesses for the Defence.
WILLIAM BANNISTER . I am a harness maker, and live at 80, Saffron Hill—on Christmas night I was near the Hat and Tun, and saw a man who went by the name of Brownie slide down the ladder outside Mr. Cornish's shop and run away—I knew the man—I have not seen him since; he has disappeared—I have known the prisoner by sight doing for Mrs. Gobie; I will swear he was not the man who slid down the ladder; I was about four yards off—I, Mrs. Gobie, and Walsh went to the police-court to give evidence the next day, but we were not allowed to go in by the sergeant; there was no remand.
Cross-examined. Our names were not called out as witnesses—I am a harness maker for myself—I live in lodgings—I only know the prisoner by sight—I have known him for the last six or seven months—I have known Mr. Cornish since he has been in the neighbou✗rhood—he has taken me into his house and shown me his pots and different articles, Freemasons' scarves and apron—I had stood four yards off only a few minutes, looking at children playing—I had only just come out of the public-house—I heard no cry of thief nor a scuffle; I did not see the window open; I heard no cry—I did not try to stop the man who slid down the ladder, because it is a common occurrence to sea lads go up the ladder and slide down—Brown is about 18 or 19, stiffish made, with broad shoulders—I was waiting not more than four or five minutes altogether—I did not go to the station, I went home—I did not know a burglary had been committed till next morning, when a man in Hatton Yard told me a certain man had been locked up, and I knew it was not him—I don't know if Mrs. Gobie was called as a witness; she was called into Court—they would not let me in and I came away—I have seen Mrs. Gobie since; she did not tell me she had given evidence, nor that the Magistrate had ordered her to sit down—she told me nothing beyond that the young man was committed for trial—I have no information about Brownie—I could swear to the man if I was brought before him—the prisoner is not the man who came down the ladder.
Re-examined. I have lived on Saffron Hill in the same house for five
years—I did not know the prisoner was in custody till Mrs. Gobie came to me—the prisoner did not know I was able to give evidence for him—it was about 9.30 when I saw the man come down the ladder—I was not waiting outside to receive the proceeds of the burglary, but to look at children playing—the ladders are generally against the house, and it is unusual thing for children to be sliding on them.
By the JURY. I know the prisoner's name, and I knew him personally before the case came on—I have had a drink with him many times, and I am sure about his identify.
THOMAS WELSH . I live at 72, Saffron Hill—on Christmas night I was near the Hat and Tun, and saw Brown sliding down the ladder outside Cornish's house—I am certain it was not the prisoner—next day I went to the police-court to give evidence that the prisoner was not the man, as I heard this young man was locked up—I saw Bannister coming home—the constable at the Court door would not let me in—I am a coal merchant; I have a small shop and have been in business about three months.
Cross-examined. I am 21—I know the prisoner well and have had drinks with him—I have not worked with him—I have not worked for Mrs. Gobie; I know her—she has not asked me to give evidence—no one asked me—I heard about the burglary—I had not been in the Hat and Tun—I am a friend of Bannister—I had no conversation with him about giving evidence at the police-court; I did not go there with him—people often side up and down the ladders—I see them every night—I do not slide down—I was outside the Hat and Tun six yards off, when I saw the man slide down—I saw Bannister there, and told him I was going home because I felt sleepy—Bannister said nothing to me when he saw the man slide down—I did not see the window thrown open—I heard no cries or else I should have tried to stop the man—I did not run after him—I saw Brown's face as he ran along; he ran past both me and Bannister—I did not see Cornish at the window—I did not look—I knew Browine as working for Cornish and have seen him riding in Cornish's trap; that is all I know about him—this was 9.30.
Re-examined. I heard the prisoner was in custody on a charge of burglary, and went to say he was not the man—I have known Brown several years—I have not seen him since this occurrence—before 26th December I used to see him in the Hat and Tun.
SOPHIA GOBIE . I carry on business as carman and contractor in a yard near the prosecutor's—I have known the prisoner between ten and eleven years as an honest and respectable young man with not a stain upon his character—he had been working for me for twelve month as a carman up to Christmas—I have trusted him with goods up to the value of 200l. or 300l., and always found him strictly honest—I first heard he was in trouble on Boxing morning, the 26th—I then went down to the police-court—Welsh and Bannister were there—I was called to give the prisoner a character—the Magistrate asked me some questions. then he said he would not take my evidence, as I knew nothing of the case, as I came to give him a character—I know Brown; he has been in the habit of loafing about the Hat and Tun, and working for one neighbour and another—before this affair he was about every night—since this I have not seen
him—he worked next door to Mr. Cornish for some weeks—these ladders are in between the two windows of the house, about six or eight inches away at the bottom.
Cross-examined. The prosecutor came to my house on this evening at the stroke of 10 o'clock, and said "There is somebody broke into my house"—I said "When?"—he said "Just now, I have just put on my coat"—he did not say it was Bakewell, and I first heard it was the prisoner next morning from one of my men who had been to the Hat and Tun, and who said he was locked up for breaking windows—I said "Cornish was at my place last night"—Bannister did not come into Court; Welsh did, but the policeman directly pushed him out—I did not say before the Magistrate that it could not be Bakewell, because he was in my son's company from 8 o'clock to 11 o'clock—I stated he left my place at 8.30 after he had done my horses, and I believe he joined my son after that, but at what time I could not tell, as I had not seen my son—the Magistrate did not refer to the charge-sheet—he ordered me to stand down—the prisoner did not know any witnesses were there for him—I am on friendly terms with Brownie—his and the prisoner's statures are alike, but not the colour of their hair—I met Bannister before I went to the Court, and said "Did you see anybody come down Cornish's ladder?"—he said "Yes"—I said "They have locked him up"—he said "I will come down to the Court and clear it"—I did not tell the Magistrate there were witnesses to prove he was not the man, because I was told to get out of the box—I am a widow in business on my own account—my son is not here.
Re-examined. I have carried on the business eight years—I have lived in the neighbourhood of Clerkenwell all my life, and am known to a number of people in the neighbourhood there—I had never been to a police-court before—the prisoner gave my name as that of his employer when I was called in—he was working with me on Boxing Day—I trust him as much as any of my sons, and will take him back if he is discharged.
The prisoner received a good character from another witness.
Witnesses in Reply.
HENRY BENDALL (Re-examined). The prisoner was asked at the police-court if he called witnesses—I think he did not know if there was any one there—Mrs. Gobie came forward—I did not see any one with her, nor any attempt made to exclude witnesses—I was at the back of the Court with the prisoner, and saw no one come in—Mrs. Gobie said the prisoner was in the company of her son from 8.30 till 11 o'clock, and he could not be the man, and that it was 11 o'clock when Mr. Cornish went to her house to make inquiries—the Magistrate referred to the charge-sheet, told her she was wrong, as it was marked 10.30, that she was telling falsehoods, and had better say no more, then she stood down—she mentioned nothing about other witnesses coming forward.
Cross-examined by MR. GEOGHEGAN. I know nothing against Mrs. Gobie's character—there is a large partition between the passage where prisoners are kept waiting and the door by which witnesses come in, so that witnesses might be refused admission there and I not know it—there were not a great many charges on the 26th—Mrs. Gobie's name was mentioned by Mr. and Mrs. Cornish—I will swear Mrs. Gobie said the prisoner was in her son's company from 8.30 and it could not be the
prisoner—I was about five yards from her—she said he was in her son's company from 7.30 or 8 till 11 o'clock.
THOMAS WILLIAM GOBIE (Examined by MR. GEOGHEGAN ). I am Mrs. Gobie's son—on Christmas night I went into the Royal Midshipman, Skinner Street, with the prisoner—we stayed there 35 minutes, and I left him there at 25 minutes to 10 by the public-house clock—it is about half a mile from Cornish's—I can swear to the time because I was fetched out of the public-house by my wife.
Cross-examined. I did not tell my mother I was with him from 8 to 11—I told my mother about 4 o'clock on the afternoon of the 26th that I was with him.
FREDERICK OULET (Re-examined by MR. POLEY ). I heard Mrs. Gobie say at the police-court that the prisoner was in her son's company about half-past 7, and that the constable and Cornish went to her house about 11 o'clock to make inquiries—the Magistrate looked at the charge-sheet, and told her to stand down, because of the mistake she had made in the time.
By MR. GEOGHEGAN. The prisoner was brought to the station at 10.20.
NOT GUILTY .
NEW COURT.—Wednesday and Thursday, January 13th and 14th, 1886.
Before Mr. Recorder.
208. HENRY WILLIS PLUMMER (30) PLEADED GUILTY to unlawfully conspiring with one Rennison, and inciting him to steal from Messrs. Copestake and Co. 4,200 hats value 450l., and aiding him in making false entries in their books.— Twelve Months' Hard Labour.
MR. PURCELL Prosecuted; MR. LYNGH Defended.
HENRY CRIMUS JONES . I now live at Brackfield, near York—on 7th September, 1884, I joined the British ship Tyburnia as purser—she was bound for Gibraltar and other ports—the prisoner was the commander—we arrived at Gibraltar about 5th November, and remained there till the 13th, when the steward came to me in the morning and gave me a message, and about 7.30 a.m. the defendant came to me in my berth and told me to get on my clothes d—d sharp and get out of the ship, as he did not mean to carry me any farther—I remonstrated with him, as I had goods on board for which I had a bill of lading for about 2,000l.—he hit me about my face and head outside my berth, and afterwards placed me in the boat—he ordered the steward to pack my things up; a hamper was fetched from the hold, and my clothes and uniform, papers and documents, were put into it, and a great many of them were lost—the prisoner ordered the chief officer to put me in the boat, and asked me if I meant to go—I said, "Not without force"—the prisoner ordered the boatswain to bring some hands and place me in the boat—he said that it was not his duty, and he put me in the boat himself by force, and went in the boat with me and landed me at Gibraltar, and rowed back without
me—I applied to the port captain at Gibraltar, and afterwards went to the Seaman's Home there—I afterwards came back to England.
Cross-examined. A good many of the crew were present when Captain Kennerley struck me—he struck me severely, and my face was marked—I do not think he can strike hard—I was treated by the doctor in Gibraltar afterwards—he never complained of my conduct as purser on the passage out—I had charge of all liquor and spirits on board—I do not remember Captain Kennerley complaining of my supplying his chief officer with drink while on duty, but I may have done so—it was not my duty to look after the officers—the captain was very particular about liquor—I had charge of it until he broke the bond and broke into the spirit-room, and there was no way of locking it up—I do not know that I ever saw the chief officer drunk on that ship—liquor was always supplied by a wine card—I do not know who supplied liquor to officers on duty—there were several stewards on board, and I supplied it to them—Captain Kennerley did many funny things; he told me to stop all drink, and he told me 10 minutes afterwards not to do so—he never said that he had 70 lives on board, and he would not have drink given to his chief officer while on duty—I believe the goods were bought by Mr. Mills, and I believe I said "I object to say to say whether those goods were paid for by Captain Kennerley's acceptance"—he made use of my name, and there is an action pending—he said he did not want me to ruin him—the acceptances were not backed by me; I mean that Captain Kennerley signed my name, and he had no authority whatever—there had been an arrangement between us previously, but we both signed our own names—he paid back 1,000l. to my nominees when he owed me about 3,000l.—I cannot say that he owed me that as purser; I was half owner originally with Captain Kennerley—he paid me my money back after using it, but not my full money—he did not complain to me on the way out, and tell me that he would leave me at Gibraltar—after I was landed there I saw one of the passengers, Mr. Arthur Fitzroy Somerset—he was not left behind in the same way that I was; he was too late for the ship—the ship was there some days, but this was all prearranged—the Tyburnia is not a steamer—I did not look after the wind—I do not know that if we had not sailed at the last moment we should have been bound up for five or six weeks—the port captain sent a steam launch after the vessel, seeing her make sail—Tangier is some considerable distance down the Gut of Gibraltar—I received a verbal roundabout message late on Saturday night about 10.30 when I had gone to bed; I was then under orders—I did not state after I had been left ashore that no assault had been committed, but that I intended to make an assault out of it—Mr. Arthur Fitzroy Somerset was one of the passengers, and I believe he is part owner—I never made such a statement to him—I swear to-day that I was very badly assaulted and marked—there was no possibility when I got that message, of my joining the Tyburnia—there are not two lines of steamers running across daily; there is constant communication between Tangier and Gibraltar, but there is no regularity; they are only tug boats—Mr. Barstow came there, and I saw him purchase some paraffin oil, but I swear he did not tell me that he had been sent by Captain Kennerley—I did not go with him because I was not ordered by the captain of the port; how could the captain of
the port refuse to allow me to join my ship at that time of night? I I refused to disobey his orders.
Re-examined. It was not in consequence of my complaint that the launch was sent after the Tyburnia—she did not came back—he sent a lame excuse.
JOHN ALFRED MILLS . I live at Hammersmith—I was storekeeper on board the Tyburnia; she is a British ship—on 13th November, while lying off Gibraltar, I heard the prisoner say to the prosecutor "You must leave the ship," or something to that effect; "will you go by force or peaceably?"—he said that he would elect to go by force, and Captain Kennerley asked the boatswain to remove him, and the boatswain said "I beg your pardon, Captain Kennerley; it is not my duty"—Captain Kennerley said "I must do it myself," and placed his hand on Jones's collar and led him to the gangway—that was the last saw; I did not go ashore in the boat—a steam launch afterwards came alongside.
Cross-examined. I did not notice any mark of violence on Mr. Jones—I did not see Captain Kennerley assualt or strike him—I heard the captain complain to Jones on the voyage, of his supplying his officers with drink, but only once—I have said that I saw Jones drunk at Gibraltar; that was before he was put off the ship—I said "Captain Kennerley did not use any force, but merely put his hand on Jones's collar"—I gave seen the chief officer drunk in charge of the ship—Captain Kennerley was a most careful captain; I never saw him touch liquor—I know that he sent Mr. Barstow across from Tangier to bring Mr. Jones back—I cannot say whether he gave him his fare; all I know is that Mr. Barstow left the ship and came back without him.
HENERY LOWRY . I was passenger on board the Tyburnia—I was on board at Gibratlar on November 3rd, and occupied the same cabin as Jones on that night—the door was closed, but Captain Kennerley came, and I heard him say "You must get your things together, Jones, as we are going to sail"—Jones said that he had no intention of leaving the ship unless force was used, but eventually he got his things together, and they went out of the cabin together, and I afterwards saw them on deck together—the captain ordered the first officer to put him off the ship, to treat him as gently as possible, and not use force—the chief officer went up and said that he had such instructions, and he hoped he would comply and not give trouble—Jones said he would not leave, and the captain ordered the boatswain to put him off, who said that he had done something of the kind before, and got 14 days' imprisonment for it—it the captain advanced to Jones, put his hand on his shoulder, and they walked to the boat.
Cross-examined. I saw no assault—there was a mark on his forehead—I do not suggest a black eye—the captain's right hand on Jones's shoulder was all the force used as far as I saw—I know that Mr. Barstow left the ship; Jones did not return with him.
JOHN BOATIMAN . I was boatswain on board the Tyburnia—on the morning of 13th November I saw Captain Kennerley and Mr. Jones having words on deck—I cannot say the words as I was busy getting the steam launch in the captain ordered me to put Mr. Jones in the boat—I told him it was not my duty; I would not do it—he said that he would make me do what he liked—I said "It is not my duty"—he said "You are a friend of his"—I said "No, I am not a friend of Mr.
Jones or yours, or anybody on board the ship"—I saw t✗me captain strike Jones on some part of his face, and afterwards put him off the vessel—the vessel got under way in the afternoon, and a Custom House steam launch came alongside, and I believe some one came on board and an officer spoke to him—the Tyburnia then went on her voyage, but there was not much wind.
Cross-examined. If the wind veered round from the west that would have been a nasty place for the ship—there is not a regular communication between Tangier and Gibraltar—I did not know that Mr. Barstow left the ship—I swear that the captain struck Jones in the face just before he left the ship.
Witnesses for the Defence.
ARTHUR FITZROY SOMERSET . I joined the Tyburnia as a passenger at Plymouth, and went to Gibraltar—the prisoner was captain and the prosecutor was purser—I have frequently seen Jones under the influence of drink—I have not heard him complained of—I was not there when he was sent ashore; I was ashore—I saw him ashore, and he said that he was going to pull Captain Kennerley for an assault, but it was not exactly an assault; he said his hand on him—I rejoined the ship, and was on board at Tangier when Mr. Barstow left the ship—I volunteered to go back because I had been speaking in a friendly manner to Mr. Jones to induce him to rejoin the ship because I was acquainted with the Police Magistrate if he came to any trouble there, but Mr. Barstow, who is Jones's cousin and friend, said that it was not necessary, and he would go, and he was sent by the captain to fetch him back.
Re-examined. I saw Jones at Gibraltar before Mr. Barstow had conveyed a letter to him, but he told me at Bow Street the other day that he received it—Captain Kennerley said that he would give me money to give to Jones, but I did not go—I had been at Gibraltar about a week on the day that Jones was put ashore—it was at Plymouth that I saw Jones the worse for drink; about a week before we got to Gibraltar.
FLETCHER GRAVES . I was a passenger on board the Tyburnia—Captain Kennerley was a remarkably careful captain—scarce✗ly a day passed on the passage to Gibraltar but I saw some of the officers buying drink, and the captain came to me and said "I don't know what to do, there are always some of the officers drunk"—I have often seen Jones under the influence of drink—I was not on deck when he left the ship, but I understood the captain was going to land him there.
Cross-examined. I do not think I saw Jones under the influence of drink from the time we started—I do not know whether they could get drink on credit—there was a good deal of drinking among the offi✗cers.
Re-examined. The drink was under the charge of Mr. Jones as purser.
The prisoner received a good character.
GUILTY. Strongly recommended to mercy by the Jury, believing the provocation was extreme .— Fined 5l.
MESSRS. BESLEY and ABRAHAMS Prosecuted; MESSRS, LOCKWOOD, Q.C.,
and MONTAGU WILLIAMS Defended.
sale of 9th October—I sent it to the auction, and wrote on the back of it "Hutchings lot"—it was deposited with me on 22nd November, 1884, with other goods for a loan of 30l. by a gentleman living at Sydenham—the name of the artist was on it "R. Gallon"—it is very much lighter now than it was then—we sell by auction all pledges above 10s. when not redeemed, and employ Messrs. Johnson and Dymond for the purpose—I sent this picture there as an unredeemed pledge, and previous to the sale I had a catalogue sent to me similar to this (produced)—the picture was sold in my presence for 6l. 15s.—I did not notice the name when the auctioneer called it out.
Cross-examined. A plated tea service and five paintings, not by the same artist, were pledged with this picture—one picture was by Neimann and another by Payne.
Re-examined. The next picture I belive sold for 5l. 15s., or rather was bought in, another pair sold for 3l., and I bought in another pair for I put a reserve price on them—there was not sufficeient realised to pay the advance and interest.
GEORGE ALBERT ALLEN . I am an auctioneer at Johnson and Dymond's, 34, Gracechurch Street—they are extensively employed by pawnbrokers to sell pledges—Mr. Hutchings sent in goods for sale on October 9th—this is the catalogue by which I sold them; my writing is on it—this picture was Lot 2399—I knocked it down to Mr. Salmon, who purchased one other lot for 13s.—he paid me 7l. 8s. for them, and cleared them away on October 14th—the name "Gallon" was on this picture; it is Gallow in the catalogue, but that is a misprint.
ROBERT GALLON . I am an artist, of Alma Square, St. John's Wood—I painted this picture 1877, and put my name on it—I did not see it again till it was in Salmon's possession in Sun Street on 15th October—I have known him about four years—he has bought pictures of me—he had a place in Gracechurch Street and in Holborn, and latterly at 91, Sun Street, where he asked me to brighten it up—my name was on it then—I generally put my name on and the date—I had had a letter from him the day before asking me to go and see him—I agreed to brighten it up, and he sent it to me, I think on Tuesday, and I took it back myself on Saturday morning, 31st October, and gave it to Salmon—I made this entry at the time, in my memorandum book—we had some conversation in his room, during which he said, "Is there any peculiarity about Leader's signature?"—I said, "No except that the 'eights' are rather peculiar," and he took up a pen and began writing—I then took up the pen and wrote "B.W. Leader 188"—he said, "Go on, finish it"—I think he said "Put a 1," and I put a "1"—the tops of the letters were flattened—he then asked me to put it on the picture—I said, "No, I would not do such a thing"—he said, "We must have it on the picture"—I objected, and said it was not right to do so—I did not see the piece of paper taken away, but he went out of the room two or three times—towards the conclusion of the interview he said "Go upstairs and see how it was going on," and I went upstairs and saw Mr. Meadows sitting in front of the picture, and "B.W. Le" was on the picture: so much was painted—Mr. Meadows is an artist—I had seen him there a few times—I went away and felt very much digsusted—I went in and out, I could not have remained in the room above a few seconds—I knew nothing about the sale, but a few days after the sale
I received a letter from Mr. Permayne, who is connected with McLean's, asking me to call at the gallery, which I did on 20th November, and he showed me the picture as it now is, with the whole sentence "B.W. Leader 1881"—I afterwards saw Mr. Salmon, and told him I had seen the picture and identified it as mine, and given a memorandum to that effect to Mr. Permayne—I do not think he said anything, but he seemed annoyed—I did not see him again till he was before the Magistrate.
Cross-examined by MR. LOCKWOOD. If this picture was in the Academy I should charge 75 or 100 guineas for it; it is difficult to say the price—I have a picture now in the French Gallery, and I have sold pictures at 120l. smaller than this—I suppose 100l. would be a fair price for it—I say that the date was 31st October because I have looked at my book; the entry is on page 51, "Repainting Welch landscape on the Gladys, 5l."—I wrote the first part of that up to the price, on the 31st—that meant that I had done the work and returned the picture the same day—that was the day the picture was delivered and when the money was due—that entry was made that day—I did not get the 5l. that day—the entry was not all made at the same time; I remember writing it perfectly well—this is the only book I keep—I put it down as having delivered a certain work; the payment would be on the other side—I got a cheque on the 31st—when Mr. Salmon began to talk to me about Mr. Leader's signature I thought it might be that he was going to buy a picture; I did not inquire, but made it out—I should think the signature on this picture was copied from my paper—I know Leader's signature very well, and on the paper I did my best to imitate it—I had not the slightest notion that there was anything wrong in what I was doing—when I was asked to go upstairs and see how it was going on I said "What?" and he said, "Come up and see," and when I got up I saw Mr. Meadows sitting at the easel—he had done "B.W. Le," and my presence did not prevent his going on—I saw what he was doing and went away; I did not stop to look whether he was copying from the paper which I had written, but I have not the slightest doubt of it, and never had—this is my signature to this information—I suppose it was read over to me—I was sworn before I signed it—the latter part of it is not true—I swore that I did not know who painted the name on the picture because I did not want to get Mr. Meadows into trouble—I am sure the picture did not go back on the 30th, it went back on Saturday and not on Friday evening, the 30th—I do not know who let me in when I called at Mr. Salmon's on the 31st, bat very likely a man called Sillito, junior—I don't remember his going upstairs, but I went up—I had not had a conversation with Salmon in Mr. Meadows's presence as to a gentleman requiring a copy of a Leader—I do not remember calling at Mr. Salmon's and seeing him with four of my pictures before him, Mr. Meadows being present—he did not say "Bob, I want a copy of a Leader, which will make the best of these pictures?"—there was no conversation of that kind, nor did I sit down on a chair and point to this picture, nor did Mr. Salmon say "That is the one Meadows and I thought"—Salmon did not ask me if I knew Leader, but I said that I did—that was on the day I took the picture home—he said "Will you put the name on?" and I said "I know Leader, and I will not have anything to do with such a thing as putting the name on"—he did not ask me if I could get one of Leader's pictures in order to make a copy from it; nor
did I say "No, I know what I can do, I can go to M'Lean's, in the Haymarket, where I have several pictures, and there is one of Leader's there"—I do not know whether there was one of Leader's pictures there—I had no picture there, and I was not in the habit of going there—I did not go there shortly before 30th October and see a picture of Leader's there and examine it before I did anything to the picture—I did not take the picture away with me on the first occasion from Mr. Salmon's, because I had to go elsewhere—it was sent—I did not leave it at Mr. Salmon's, go to M'Lean's gallery, and then go and fetch it away myself—if my information states "He asked me to brighten it up, I took it away with me," I suppose I swore it, but it is not true—I made a mistake, I had a picture which I took away, but not on that date, and I mistook it; I took away a picture from Mr. Salmon's a short time after, and when I took the picture down on the morning of the 31st it was wet, and it was packed with another canvas, and when I was at Mr. Salmon's I unpacked the picture in question and wrapped the other canvas which I took as a protection, in paper; and when I said I took the picture away it was the recollection of having taken the canvas away; that is the only explanation—on Saturday, the 31st, I went to Mr. Salmon—I cannot say whether Sillito let me in; I did not go straight up to Mr. Meadows's painting-room immediately I entered the house, nor did I produce to Mr. Meadows a piece of paper with Leader's name on it, and the figures 1881—I will not be sure whether the picture had my name on it when I brought it on October 31st; my name was on it when I received it on the Tuesday before, when I began to brighten it—in the course of brightenning, my name may have got out—the picture was not in the room when I was talking to Mr. Salmon, and when I went upstairs I did not stop to look, I went away at once—brightening up is putting on lighter and darker colours, and my name might have been painted out in the process—I will not—I did not ask Mr. Meadows to put my name on the picture as I had not got my colours with me—I certainly did not hold the paper I had written, while he copied it—he did not begin to write it slanting, nor did I correct him—I do know that Arthur Gordon, a nephew of Mr. Meadows, was painting in an adjoining room—I know him by name.
Re-examined. I have no interest in this prosecution—my deposition is very likely in the solicitor's writing—these words were not painted by me, or by my authority, or to my knowledge—the name was not on to my knowledge, though it was party on—I never saw it on till I saw it at McLean's—at the time the solicitor prepared this information I had not told him about Mr. Meadows—Tuesday, 27th October, was the first time I saw my picture since I parted with it—I never had an interview with Soloman with four of my pictures before him—I had sold this picture to a dealer in 1877; I got about 20l. for it, I can't say exactly.
BENJAMIN WILLIAM LEADER , A.R.A. I am a landscape painter, and live at Worcester—I have painted many painted many landscapes of Welsh scenery—Mr. Permayne knows my pictures well—I usually sign them; one varies in one's signature in the course of a few years, and I think for the last two years I have put flat tops to the eights—this picture is not mine, nor is this my signature, nor did I authorise any one to put my name on it—the value of a picture is what it will fetch at an auction; a picture of
mine at Christie and Manson's would brine; 300 or 350 guineas, according to the temper of the buyers and the merit of the picture.
Cross-examined. My pictures have brought 400 guineas, but that is exceptional—I have never sent a picture of this size to the Academy.
Re-examined. I think this is a deliberate attempt at imitating my signature.
RICHARD STAFFORD CHARLES . I am in partnership with Mr. Tulls as auctioneers at 17, Fenchurch Street—I have known the defendant three or four months—our first transactions with him were a sale of furniture privately, and another by public auction—he called at our office early in October, and said that he had purchased some pictures and marble statuary and bronzes from the collections of the Recorder of Essex, and Colonel Constable, and asked if I would sell them; I agreed, on the usual terms, and the sale was fixed for November 5th and 6th—he sent me the advertisement of the coming sale and this poster (produced)—Mr. Leader's name is not in it. (This mentioned pictures by Gallon, Meadows, &c. ) On October 23rd we received this letter: "Gentlemen,—Please advertise in the Cannon Street sale a fine landscape by Leader. Yours truly, J. SALMON." In accordance with that letter I caused Leader's name to be inserted, and it appears in this draft—I received this document from Salmon for the purpose of preparing the advertisement—that was after the preliminary advertisement appeared; it mentions the names of the artists—Salmon prepared the catalogue; this is it (produced)—Lot 60 is "B.W. Leader, A.R.A., A Stream in Summer Time, in South Wales"—that refers to this picture—he gave me some figures which I have in the margin, saying that those were the prices he paid for them, and he could not let them go for less—the figure against this lot is 90l., which he gave me with other sums, as the cost of the various articles, including pictures—the sale took place as advertised on November 5th and 6th—there was much bidding for this picture, and before it commenced I read the description of it from the catalogue, and then the bidding commenced—I know Mr. Meadows; I cannot say whether he bid—the picture was sold to Laporell, a broker, who I had never heard of before—I did not then know that it was not a Leader—this is the delivery note for it, and this cheque for 154l. 2s. was paid—that included other lots, as appears by the delivery note. (The delivery note and cheque were read. ) I endorsed the cheque, and paid it to my account at the Alliance Bank, and it was honoured—the sale realised over 800l.—I handed this cheque to the defendant as the proceeds of the sale. (Dated November 10th, 1885, for 500l. to the order of J. Salmon, signed Charles and Tulls, and endorsed "J. Salmon.") That was paid, and a balance of about 182l. w✗as left, to make up which I gave him this cheque. (Dated 13th November, 1885, to order of J. Salmon, 182l. 11s. 11d., Charles and Tubbs, endorsed "J. Salmon" and marked "orders not to pay this cheque.") That cheque was not paid, as after seeing Mr. Gordon I gave orders not to pay it—Salmon afterwards called and asked me to allow the cheque to go through, as he had parted with it—he asked why I stopped it—I said "Mr. Gordon has called on me and asked me not to pay, as it is not a Leader"—I refused to let it go through, and he said he would put it in Lumley the solicitor's hands—it was returned unpaid in consequence of my orders—Mr. Meadows brought it back to me, and I gave another cheque for
82l. 11s. 11d., for which Salmon gave a receipt—I have since paid the 100 l. into Court.
Cross-examined. I have never paid Mr. Salmon any money in respect of the sale of that picture—this (produced) is the manuscript from which I prepared this poster; this states "Oil paintings by the following old and modern masters," and my instructions were, "By and after the following old and modern masters"—that is a mistake—I do not know Salmon's writing very well, but I believe this to be his—a gentleman did not ask before the pictures were put up whether they were guaranteed or not, nor did Mr. Salmon come up and tell me that they were not, or say "Certainly not"—I had no conversation with him about it—he did not state so at the sale in my hearing—I did not read the conditions aloud before the sale—I presumed that they had been read, and I asked if anybody had any question to put on the conditions.
Re-examined. I had nothing to do with compiling the catalogue, and never saw the manuscript—the front page says "By the following old and modern masters"—I did not give the order to the printer, Mr. Salmon said he would prepare it, and he had it printed; I had nothing to do with it—he did not say a word about it not being a Leader, and I sold it as a Leader.
PANMURE GORDON . I am a member of the Stock Exchange; I have in office in the City, and live at Brighton—my attention was first drawn to this sale, by an advertisement in the Morning Post—I went to the view on 4th November and looked particularly at Lot 60—Laperell was introduced to me as a broker—I noticed the signature on the picture—I was not there when the sale commenced—my attention was not drawn to the conditions—I began to bid at first, and then told Laperell to go on; he was close to me, acting as my agent—several were bidding against him—I never heard of Mr. Salmon or Mr. Meadows—the picture was knocked down at 100l.—I had bought two small lots, 32 and 56, before that—I paid for them altogether 146l., 15l. for the auctioneer, and I gave Laperell 7l. 7s.—this is my cheque; it has passed through my banker's; it includes the 100l.—I would not have bought this picture if I had not believed that it was an undoubted Leader—the picture was sent down to Worcester for Mr. Leader to verify it, and on the day, or the next day after it came into my possession I saw Mr. Permayne—I did not know of Mr. Gallon going to McLean's—I consulted my solicitor—a civil action was first brought, and I afterwards gave instructions for it to be proceeded with criminally, but not so much for the loss to myself.
Cross-examined. I never heard of Mr. Gallon—I did not hear his statement before the criminal proceedings, but I heard that he had painted the picture; my information came from Mr. Permayne—I have heard for the first time to-day that as soon as he discovered that the name was not in the catalogue, he gave orders that the money should be returned to me—I hear to-day for the first time that Mr. Gallon said that the words "by and after" were in the catalogue—no offer was made to pay the money and damages and costs, before the criminal proceedings—I was told that Mr. Salmon always refused to acknowledge the justice of my claim, but after the criminal proceedings were taken I understand that he offered to pay 1,000 guineas if I would stop proceedings and give it to any charity; my solicitor, Mr. Abrahams, told me that—I heard that Salmon refused to assist me—I have said,
"On November 20th the solicitor called on my solicitor and offered to give up all claim to the 100l. on my delivering to him back the said picture, but I refused that offer and declined to part with the picture"—I do not think that was before the criminal proceedings—I have had three kinds of proceedings about Mr. Salmon, and was served with a subpoena—criminal proceedings had been commenced then—Mr. Abrahams managed everything for me—my first step was swearing the information on 21st November—I have no recollection that that offer was made to me the day before—the reason was not given to me that Mr. Salmon was willing to do that because he had discovered that the words "by and after" were left out of the catalogue—I cannot have forgotten so important a matter.
Re-examined. It was Mr. Leader's statement that it was not his painting, which influenced me—I never knew any of the other people—I had never heard of Mr. Gallon till Mr. Permayne mentioned him—I did not go to the Mansion House myself, I left that to Mr. Abrahams—I believe the attempt to get hold of the picture was made after the proceedings.
MICHAEL ABRAHAMS . I am Mr. Gordon's solicitor—this (produced) is the summons delivered to Lumleys in the civil matter; it is dated 24th November, three days after the Mansion House—I went to the Mansion House on 20th November; I think it was a Saturday—nothing was said about willingness to pay the 100l. because the words "or after" were omitted from the catalogue, but Messrs. Lumley called on me on the 20th, after I had had Mr. Gallon's statement, and after I had received instructions from Mr. Gordon to prosecute criminally, and said that Mr. Salmon would not contest the case any further, but not a word was passed about any mistake in the catalogue—it was not suggested at the Mansion House that the words "or after" were omitted; I have heard it for the first time to-day—10l. damages were offered and the costs, and 100l. to be returned, and that was opposed because criminal proceedings were pending—at the time of getting process upon the information, I had no idea that Mr. Meadows was mixed up in it by painting the name.
Cross-examined. Mr. Albury is the clerk who came—it was not a longish interview; it was not a quarter of an hour or 20 minutes; he did not tell me that he had missed the train in consequence of it—he did not tell me that Mr. Salmon had been looking into the matter and found that certain words which he had requested might be put in the catalogue were not there, and that Mr. Gordon might have been damaged, and he was willing to return the 100l.—the writ was on the 17th, and the defendant had till the 25th to appear, and before the time elapsed at which he could appear this interview took place.
Witnesses for the Defence.
WILLIAM GEORGE MEADOWS . I am an artist, living in Theobald's Road—I have known Mr. Salmon many years and have painted pictures for him on various occasions—he showed me four pictures in the middle of last October and said "I have got an order for a Leader picture, which do you think will make the best?" meaning which was most like Leader's paintings; this picture was one of the four, and I said that that picture would—I was present next day when Mr. Gallon called at Mr. Salmon's; Salmon said "Bob, I have got an order
for a Leader picture, which do you think will make the best subject?"—Gallon said "That is the best subject for it," or words to that effect, and Salmon replied "That is the one Bill picked out," meaning myself, "I think I will send it up for him to make it as much like Leader's as he can," meaning sending it to Gallon's house—he said "Can you get a picture of Leader's to copy?"—Gallon said that he could not do that, but he could see one at McLean's gallery—McLean is a picture dealer in the Haymarket—I am not acquainted with him—Gallon said that he had several of his pictures there hung on the line, but that Leader's picture was in a corner, and that either McLean or the manager made the observation that it was not a good picture, and that Gallon's pictures were worth more money in proportion than Leader's—I think I was there when the picture was sent to Gallon's, because I remember it by taking it—I was at Salmon's on Saturday, the 31st, and heard Sillito bring a picture upstairs, but I did not see him—when I went into the room Gallon set the picture up somewhere, I forget whether he put it on the easel—this is the picture—Gallon handed me this piece of paper (produced, with "W.B. Leader 1881" on it, and flat tops to the eights. )—he was standing against my easel—he did not ask me to do anything with the picture, but I knew what he wanted me to do, to put the name on, but I had no colours there—he held the paper a portion of the time while I was copying it—I was then writing it across and not straight as it is written now, and Gallon said "No, no, that it not the way, Leader always signs his pictures straight," and he took the paper in his hand—Gallon's name was not on the picture then, it had been painted out, but it was on it when it went away—he remained in the room until I had completed the signature on the picture as it now stands, and when it was finished he said "That will do capitally"—Gallon gave me express directions to put the name there, and when I had written three or four letters in a slanting direction I rubbed them out and wrote them in this way—before he went away I think he said that he wanted some money from Salmon's—he left before I did—I left about 4 o'clock that day, which was earlier than usual—I have been an artist nearly all my life—Salmon was not there on the day the name was put on the picture; that was on Saturday—I think he had come in when I left at 4 o'clock, but I am positive he was not there when Gallon left—he was not there at anytime while I at Gallon's request was painting the name on the picture.
Cross-examined. Saturday, October 31st, was the day I l✗left at 4 o'clock—to the best of my recollection it was eight or nine days, or not so long, before that that Salmon gave him directions to make it as much like Leader's as he could—I am at Mr. Salmon's every day, I have a painting room there—I was not there when the pictures bought at Johnson and Dymond's were brought in—after Salmon and I had picked out the picture as most suitable, Salmon wrote to Mr. Gallon, but whether he wrote to him to come or not I don't know; he came somewhere about the next day—the three other pictures were Gallon's; I think Mr. Salmon had them from Gallon, he had had them some time—they had Welsh names, which are very difficult to remember—I do not know whether they went to the Cannon Street sale, or whether this (produced) is one of them—I went to the sale one day, not the view day—I bid for this very picture—I had a marked catalogue; I had to keep
the price up to a certain figure on behalf of Salmon: you can't sell pictures at a loss—it had a large gold frame, but that was of no value—I can't say whether I heard the auctioneer read from the catalogue "Lot 60, A.R. Leader, A Stream in Summer Time, South Wales"—I believe he read the actual words of the catalogue—I was to protect Salmon's property up to 60l.—I can't say that the auctioneer was to protect him up to 90l.—I went to the Mansion House three times, each time Salmon was up—nobody called on me to produce this piece of paper—Mr. Lumley asked me if I had got it, and I told him I had—Mr. Lumley did not say that he had been called upon to produce it—I have had no conversation with him about it or with any of his clerks—I did not tell him about the Bob and Bill interview—Salmon had it from me before he was committed for trial—I heard Mr. Gallon swear before the Lord Mayor to the manner in which he came to write this paper—I was not present at an interview between Salmon and Gallon on Saturday—he came out of the street when he came up into my room—I did not see him come in, but I heard the door; I did not see him till I came into the room and found him there before me—I swear he was there before me—I was in the room adjoining, I heard him come upstairs after the noise of the door—I think Sillito brought up the picture—I was not in Court when Mr. Williams examined him—I did not know that not a single question was put to Mr. Salmon about the Bob and Bill interview—I have not been to Mr. M'Lean's gallery—it was at the Bob and Bill interview, about 10 days before October 31st, that Gallon said that his pictures were on the line and the Leader was in the corner—I did not see the picture after it had been touched up or brightened till Saturday, the 31st.
Re-examined. I have been from time to time in the habit of making copies of pictures of celebrated artists, and when they are made it is usual to put the artist's name on.
By MR. BESLEY. I can't say that the persons who buy copies with such names on them have no cause of complaint—I am not aware that it is fraudulent—whether the buyer of a copy of a Millais, with Millais' signature on it, and finds it is not his, has any cause of complaint depends upon what he gave for it, and upon whether he buys it as a copy or as an original.
GEORGE SILLITO, JUNIOR . My father and I are in Mr. Salmon's employ—I took this picture to Mr. Gallon—I remember it coming back on a Friday between 6 and 7 o'clock—I opened the door, and Mr. Gallon went upstairs—he called again next day, and I opened the door to him—Mr. Salmon was not in, and I told him that he had not arrived yet—he went upstairs into my father's room, where he does the gilding; that was between 11 and 12 on the Saturday—Mr. Meadows was there; he asked my father to bring the picture up, and my father took it into Mr. Meadows's painting room—Mr. Salmon was not in the house then, nor was he there when Mr. Gallon left, nor had he been there between the two times—we worked till 5 o'clock on that Saturday, and then left.
Cross-examined. I remember the pictures coming from Johnson and Dymond's sale—I saw Mr. Gallon on the night they came—I do not know whether any of them were his pictures—I took the picture to Gallon's house on October 20th, and I saw him on the 30th and 31st—he came with a picture on the 30th—I do not think he was there more than an hour on the 31st; he only came once to see the picture—I don't know whether he came afterwards; he was only there once; that
visit was not more than an hour—he came soon after 11—the rooms where I work are upstairs on the second floor—Mr. Gallon's room is on the first floor and Mr. Salmon's office is on the first floor—I did not go to Cannon Street Hotel, only when there was a van to carry the things up into the sale; there were two vans full—Mr. Salmon was not there; I left him at Sun Street.
Re-examined. I should say there were nearly 100 pictures there when I took the pictures up—Mr. Salmon gave me half a railway ticket; not the money for it—my father took the picture up when Gallon brought it on Wednesday.
GEORGE SILLITO . I am a gilder in Mr. Salmon's employ—I remember this picture coming back from Mr. Gallon on Friday evening, October 30th—I am sure that was the day—Mr. Gallon brought it himself and left it—he did not go away directly the boy let him in; he went into the office—he came again next day between 11 and 12, and Mr. Salmon had not arrived—he came up in the shop and said "Good morning, Sillito"—I said "Good morning"—he said "Is Meadows upstairs?"—I said "Yes"—he said "Bring the picture up"—I took it up, and Meadows was in the front room, not the room into which I took the picture—he was with his nephew, young Gordon—I said "Here is Mr. Meadows," and left them together in the front room—Gallon was there I suppose not quite 20 minutes—Mr. Salmon had not returned at that time.
Cross-examined. I remember the picture coming back from Johnson and Dymond's; it was put downstairs—Gallon came before my son took it away—the picture came home on Friday—Mr. Salmon was not there on the Saturday when Mr. Gallon called; he came late, after Mr. Gallon had been gone three or four hours—he did not come till between 3 and 4 o'clock—when I took the picture upstairs there was no name at all on it—I did not see the name afterwards put on.
HENRY ISAACS . I live at 3, Caxton Road, Bow—at the end of September or beginning of October I had a conversation with a man named Joel with respect to my wanting a copy of a Leader, and in consequence of that conversation I went to see Mr. Salmon about getting me a copy, and I subsequently saw this picture at Mr. Salmon's—I told him I wanted a copy of a Leader, and he said "I think this would make a good copy"—that was previous to it being done up—I said "I think it will; what would you take for it when you have had it done up?"—he said "60l.," and he made out an invoice in the event of my selling it—I had at that time in my eye a customer who wanted a copy of a Leader—I only went to him for that reason; if I had not had a customer for the picture I should not have gone to Mr. Salmon or any one else—my customer went abroad, and I said, to Salmon "You have a sale going to take place at Cannon Street Hotel, if I were you I would put it in that sale; you had better reserve it, because it is a very good copy of a Leader, at 90l. "—I was at the sale; the picture was knocked down for 100l.—I went to Salmon after the sale and made a claim for the difference—I heard Mr. Barnes, an agent, at the auction say before the sale "Do you guarantee anything in this sale?"—the auctioneer said "No; I refer you to the conditions"—the conditions were posted up in front of the rostrum.
Cross-examined. I have got the invoice, but it is in my pocket at home;
I had it yesterday—I did not pay anything—I saw Mr. Meadows at the sale and Mr. Salmon; nothing was said about guaranteeing the genuineness of the picture after Mr. Barnes spoke—I heard the auctioneer read out "Lot 60, G.W. Leader, a Stream in Summer Time, North Wales."
CHARLES MANSFIELD . I was employed by Mr. Salmon to copy out this catalogue; for that purpose he gave me this other catalogue (produced)—he told me to copy the artist's name out of this, and make a catalogue similar to this (The catalogue used as a copy had the words "by and after" certain artists, ) and these pictures which are ticked here are what I copied by his directions—I unfortunately forgot to put the words "by and after" and he blackguarded me for it—he told me that this was a copy of Leader's sold to Isaacs, and it was going to be put into the sale—all that I did was from this manuscript—I was present at the sale—this back sheet was made from the poster—I heard a broker ask if anything was guaranteed, and the auctioneer said "I refer you to the conditions of sale."
Cross-examined. That was said before the china or any single lot was sold—this copy is the catalogue of a sale at a gentleman's house; I had it to copy from—I noticed that some of the pictures were without the words "by and after" and some with—the words "by and after" are only printed at the top, but that applies to all the pictures following—I did not read the words "Including examples by and after"—I commenced making the catalogue on Saturday the 31st, although the view was on the 4th—he did not tell me that he had given the auctioneer written instructions to put in a picture by Leader, but he said "There is a picture by Leader to go in"—I never saw this letter stating "Please advertise a fine land-scape by Leader."
By the JURY. Mr. Salmon made a row about my omitting to put in the word "after."
THOMAS GEORGE PHILLIPS . I am a printer, of London Road, Southwark—I printed this catalogue of the sale of November 5th and 6th—I got the particulars from the auctioneer, and he supplied me with this poster for the first page, the rest of it I printed from this manuscript.
Cross-examined. I did not commence printing the catalogue till the Saturday before the sale.
ROBERT MORGAN ALBURY . I have been a clerk in the employ of Mr. Salmon's solicitor, about twenty years—our firm was instructed by him with regard to the first action brought by Mr. Michael Abrahams—the writ was brought to our office on the 18th, and an undertaking to appear was given—the time to appear would be the 25th, but on the 16th Mr. Salmon brought the letter which our firm had written to him and gave it to me and said he did not know who Mr. Panmure Gordon was, and he would make inquiries and see if we would accept service; he went away for the purpose of making inquiries, and came back on the evening of the 18th and made a communication to me, in consequence of which I went to Mr. Abrahams on the evening of the 19th—he was sitting alone—he appeared to be signing some letters; I had my bag in my hand and wanted to catch my train—I said "I called at Gordon's, and Salmon, our client, has instructed me to consent to the auctioneer returning 100l. to settle the matter"—he looked astonished and said "Dear me, I am surprised; my son saw young Mr. Lumley, and he said that he would be sure to beat us"—I said "Young Mr. Lumley?"—he said "Yes, I am sorry it is likely to be settled, I had
hoped to have a nice little action out of it"—I said "But you are busy now, and I want to catch my train, I will come in the morning"—he said "You know your man has got no defence to this"—I said "He gave instructions to have certain words put in the catalogue which were not there, and they copied some of the conditions of the sale, which I have"—he said "That is no answer"—I said "I had a similar case before the Lord Justices, and they decided that the words "by and after" were a caution to the parties to be on their guard"—he said "As those words were not there his instructions were to pay the money"—Mr. Abrahams said "He is sure to beat you"—I said "By and after, is left out of the catalogue which he gave instructions to put in, and he discovered that"—I said "Have you read the conditions of sale?"—he said "Yes, they won't protect him"—I was there some time because I missed my train, and I always get home at a certain time—I went again on the 23rd and made the same proposal, and he said that his client would not settle—I had not the slightest idea that criminal proceedings were about to be taken—the summons was served on the 25th—there were three, and I was to settle before the summons was served—the offer states "On payment of 100l. and 10l. damages and costs the action be stayed"—they would not do that.
Cross-examined. I have had the matter in my hands to defend at the Lord Mayor's Court, not entirely, but under the supervision of my principal—November 19th was the first day I saw Mr. Michael Abrahams—I said that I was going to bring an action against Charles and Tulls, the auctioneers, if they did not settle—he said "Suppose we do not settle?" I said "Then we shall bring an action against the auctioneers for the 100l., the money in their hands, if the matter is not settled"—I did not say that we should bring an action for 182l. 11s., the amount of the stopped cheque, I never knew it was stopped—I said that the auctioneer had no right to retain the money unless he got an injunction—that is what made me argue the point—I said "No, I had a similar case argued "—he did not say "You had much better pay the money into Court, and let the action be tried between Gordon and Salmon;" I swear he did not—I did not say upon that "I will consult our client, and let you know" he said "The auctioneers have agreed to hold the money"—it was on the 18th, I think, that I said I would consult our client—I do not know that on the 20th Mr. Gallon had informed our client Salmon that he, Gallon, had written an admission of the painting being by his own hand and not by Mr. Leader—I did not get the information myself that Gallon had signed and handed to Mr. Permayne an admission that the painting was his and not Mr. Leader's—I am certain I did not see him on the 20th—I swear that I did not personally know before the summons was taken out to pay damages and costs and 100l., that it was not taken out in consequence of what Mr. Gallon told me—I offered to pay damages, and Mr. Abrahams said "What damages?"—he said "I suppose he paid the broker 5l."—I had instructions from Salmon on the 18th to settle the matter—he said I should have taken out a summonse then—I have got a draft of the summons drawn long before—this is my writing on the back of this exhibit—this is not Mr. Salmon's writing on the front—I wrote this when I was sitting down there yesterday; Mr. Lockwood asked me to write what Mr. Abrahams said to me; I suppose your client has instructed you that it was not written yesterday—I did not write on it before it was
put in at the Mansion House—I never saw it till yesterday—I find the stamp of the Mansion House on it—when I wrote on it yesterday I thought it was waste paper—Mr. Lockwood asked me to write on it—Mr. Montagu Williams cross-examined Mr. Gallon at the Mansion House, but not a single question was put to him about the interview at which Bob and Bill were the familiar titles by which they were spoken of—Mr. Williams said that he would reserve his defence—I believe a notice was served on the defendant to produce a certain piece of paper with the words and figures "B.W. Leader, 1881"—it was produced at the Mansion House—I saw it there, and saw Mr. Lumley hand it to Mr. Montagu Williams—it was not produced for the Lord Mayor to see while I was there, but I was not there the whole time—Mr. Meadows was never called as a witness till to-day.
Evidence in Reply
BENJAMIN WILLIAM LEADER (Re-examined). I have paid attention to the evidence in this case—I have never before heard of having a copy of an artist's picture, and afterwards having his signature put on it—I have seen seven or eight pictures with my name on them—I never knew a respectable dealer sell a copy with the name of the real artist, and when a picture is sold with another artist's name on it it is always pronounced a forgery—I should no more think of putting another man's name on a picture than I should of putting another man's name to a cheque—the name on the picture indicates the actual painter—a copy of a picture means a copy of the style as well as the subject, and sometimes the style is the important thing—I do not see any resemblance in this to the style of my pictures; it is similar in subject but not in execution—it could not be called a copy of a Leader unless the signature was there—it is not a copy of any work of art of mine.
Cross-examined. The execution is very much below mine—I do not always paint my signature in quite the same colour; if it is a light picture I use a light colour, and if it is dark, dark colour—in a grey landscape I should not use a tint which would warm the picture—I generally use the left-hand corner—the practice of most artists is to write their name in dark brown or black, and that will harmonise with all colours; a brick red was used some years ago—some of the old masters, such as Durer, worked their signatures or initials into the landscape, and it was part of the picture; therefore you could not copy Durer without painting the signature; but I know of no modern instance—I have never painted copies since I was a student, and then I never put the signatures.
Cross-examined. With regard to living artists, I should say that the name is never put on a copy, except for the purpose of frau✗d—Albert Durer painted 400 years ago.
By the COURT. I said that I never knew of copies being made and the original names put on, but I do not call this a copy of a picture of mine, it is somebody else's picture with my name on it; it is like mine, and some people say that there is a similarity, but I do not see it—it would be a stretch of the imagination to say that it was after me—it would be noticed that it was not by the artist, but a picture painted to imitate it; just as a man might write a literary work in imitation of Swift.
WILLIAM PERMAYNE . I represent Mr. McLean, and am acquainted with Mr. Leader's style of painting—about 10th November I received this picture from Mr. Gallon—I had not seen him before—there is no original of such
a subject, and there can be no copy without an original—I know of no object in putting an artist's name on a living artist's picture except for the purpose of fraud—we never had one of Mr. Gallon's pictures until after this case, and did not know him—any statement that we had a number of Gallon's pictures on the line is perfectly untrue.
Cross-examined. We have not had dealings with Gallon before, but we have had two of his pictures since this, we have one on sale now—we generally have one of Leader's, and I should say we had one at this time—I have seen copies of pictures with the artist's name on them, but only spurious ones—I know nothing about the tone of the signature harmonising with that of the picture.
THOMAS MCLEAN . I am proprietor of a gallery in the Haymarket—the word "copy" is applicable to cases where there is no original to copy from; they imitate the style from recollection; but the actual artist's name in the corner is only imitated when a fraud is intended, no respectable dealer would do it—Mr. Gallon never had any picture at my place before this matter, here is a catalogue of all the pictures that were in my gallery at that time, nor had I any of Leader's—it is all imaginary about my having a row of Gallon's on the line and a Leader in the corner.
Cross-examined. I thought Mr. Gallon's picture rather clever, and I bought one and sold it, and he left another—I understand what is meant by a copy of an artist, although it is not a copy of a particular subject and there is no actual original—it would be signed by the man who painted it, but it would not be after Millais—as a rule with the old masters a copy of a Tintorelli would be called "After Tintorelli because they are in our public galleries—artists usually choose colours for their names in keeping with the tone of the picture.
ROBERT GALLON (Re-examined). I am quite certain that the interview was on Saturday, the 31st; it was not on Friday—I do not remember being there 10 days before, when Salmon had four pictures before him—at no time before or after the picture was bought at Johnson and Dymond's was it put with three others and submitted to me—Salmon did not say, "Bob, which do you think will make the best Leader? I have got an order for a Leader"—he sometimes called me Bob—he did not say that he had an order for a Leader, nor did I say "That is the best subject nor did Salmon say "That is the one Bill picked out meaning Meadows—he said he would send it up to me, but nothing about making it like a Leader—I did not say, "I have several pictures at McLean's hung on the line, and there is one of Leader's in the corner;" that would not have been true—Mr. Meadows was sitting in the roon when I went up, and I did not go up when I first went into the house—this is the piece of paper—I did not have it in my hand at all while Meadows was painting—it was about 10.30 on Saturday morning when I went there—I have never known of copies of pictures having artists' names put on them.
Cross-examined. I have never known it done till this occasion—I recognise this as the piece of paper I wrote—I wrote it in Mr. Salmon's room because he asked me—I did not know what he wanted it for, and I did not think much about it.
GUILTY .— Fifteen Months' Hard Labour.
211. WILLIAM CUTLER (19), HENRY BRETT (35), BARNET MOSS (45), and ABRAHAM MICHAELS (31) , Stealing 2lb. of saffron, and within six months two other pounds of saffron, and within six months 11b. 10oz. of saffron, 1 1/2 lb. of oil of peppermint, and one bottle, the goods of Julius Syracks. Other Counts charging Brett, Moss, and Michaels with receiving the same. CUTLER PLEADED GUILTY . MESSRS. GRAIN and WOODFALL Prosecuted; MR. MONTAGU WILLIAMS
appeared for Brett; Moss and Michaels were also defended by Counsel.
FRANCIS SMITH (City Detective). I received instructions, and on December 2nd I saw Michaels in Petticoat Lane, and followed him to London Wall, where he joined Moss—they both walked to Fore Street—Moss went to Moorfields, and Michaels went up Fore Street and came back to the Four Bells in Little Moorfields and joined Moss—they remained there drinking a little while—Moss then came out, and I followed him to Coleman Street, almost opposite Messrs. Burgoyne's premises—in about five minutes he joined Michaels—Brett then joined them; they went into the Wool Exchange public-house, Moorfields—Brett looked very bulky when he came out—he then went into the Plough—I continued to watch the prisoners with Austin on succeeding days from December 1st to the 15th, and on the 15th about 9.20 a.m. I saw Brett come out of Mr. Burgoyne's yard—he looked very stout—I followed him to the Wool Exchange public-house, where he had a drink and came out and I followed him to Blomfield Street to the City Arms, where he joined Moss and Michaels—I saw Brett communicate with them through a window, and about five minutes afterwards Moss and Michaels came out—I followed Moss across the Road—he was carrying a parcel—I said "I am a police officer; what have you got there?"—he said "I don't know"—I said "Where did you get it?"—he said "I picked it up"—I said "Where?"—he said "Round the corner"—I said "What were you going to do with it?"—he said "Take it to the station"—I said "What station?"—he said "Great Eastern Street"—I said "I shall take you to the station, where you will be charged with others in custody for stealing drugs from Mr. Burgoyne"—Sergeant Wright examined the parcel at the station—it contained 1 lb. 10 oz of saffron—on the same day when Brett came out I said to him "I am a police officer; who are you looking for, Horney?"—that is a nickname I used—he said "Who is Horney?"—I said "The man you gave the parcel to this morning; I shall take you to the station"—Austin was with me.
Cross-examined by MR. WILLIAMS. When I said that Brett looked stout I mean that he had something in his coat pocket—I saw him meet the other prisoners a dozen times and perhaps more; some days twice a day and some days three times—he was not in the service of the firm; he was employed at the coopering.
Cross-examined for Moss. I saw Moss every day from the 1st to the 15th; he lives at Dirty Dick's—I was acting under Sergeant Wright's instructions, and when he told me to apprehend them I did so—Moss said he picked up the parcel—I said "Where?"—he said "Round the corner."
(MR. M. WILLIAMS here stated that BRETT would withraw his plea.)
Cross-examined for Michaels. Michaels was bulky on the 9th, and I suspected that he had stolen property, but I did not take him because I
was acting under Wright's instructions—Michaels said he went to the Plough for the purpose of making bets, but I find that he did not, from the landlord.
Re-examined. I have known Moss and Michaels a long time—I do not know Brett; I am very sorry for him.
JAMES AUSTIN (City Policeman). I was acting under Sergeant Wright—I watched the premises from December 3rd to the 15th every day—I saw the prisoners together at different public-houses—on the 15th, about 9.30 a.m., I saw Brett leave the premises; he had a bulky appearance; he went to 24, Coleman Street, then to the City Arms, Blomfield Street, where he remained five minutes, and came out, looking bulky, and in five minutes Moss came out carrying a parcel—Michaels followed him; I stopped Michaels, and said "I am a police officer; I want you"—he said "What for?"—I said "I want to see what you have got about you"—he said "All right; I have got nothing"—he was taken to the station, and afterwards charged—I searched him there, and found this bottle of oil of peppermint in his breast pocket—I said "What is in this bottle?"—he said "Oil of peppermint"—I said "Where did you get it from?"—he said "I bought it of a man last night in Houndsditch, and paid him 14s. for it"—I said "Who is the man?"—he said "I don't know his name, but I have seen him before"—this parcel of saffron was on the table—I said "What is this parcel?" Michaels said "I know nothing; I do not know that man pointing to Moss, who was alongside of him," but I have seen him before down the Lane meaning Petticoat Lane—the bottle weighs about 1 1/2 lb.—I have known Moss since December, 1883.
Cross-examined for Moss. I have often seen Moss in the neighbourhood of the Woolpack up to the 15th.
Cross-examined for Michaels. Michaels said that he used the Woolpack for the purpose of betting, and the Plough also, but I do not believe him.
WILLIAM WRIGHT (City Police Sergeant). I have had charge of this case and ordered my subordinate officers to do what they have described—on December 6th I was in Coleman Street and saw Brett go to the prosecutor's premises about 12 o'clock—he remained a short time and I saw him go to London Wall and join Moss; Smith followed them—I was at Moor Lane Station on the 15th when Moss and Michaels were brought in—Moss and Michaels recognised me—I asked them if what Smith and Austin had said was all the explanation they had to give—they said "Yes"—I said they would be charged with others for stealing and receiving, well knowing the goods to be stolen from Messrs. Burgoynes, in Coleman Street—Brett was brought in by Smith about 12.30 and charged with stealing; he pointed to Michaels and said "That man has drawn me into this, some time ago I had some betting with him and could not pay him"—Michaels did not contradict that, but he said "Some time afterwards he gave me a piece of paper to take into the warehouse, to the two" men referring to Cutler and Brett, "and another man"—I said "Who is he?"—he said "Charley"—he afterwards pointed out Bill the porter—I charged Cutler at the warehouse with stealing the saffron and the bottle of peppermint—he said that he had stolen it and given it to Brett to take out, and he ought to have brought the money back—I have known Moss eighteen or nineteen years and Michaels six or seven years.
Cross-examined for Moss. In answer to the charge Moss made a statement which I afterwards put down; this is it—he said "You see these robberies going on every day and yet you don't stop them, but allow the people to go at large"—I said "That is a matter of discretion"—he did not say "And so innocent men are trapped."
Cross-examined for Michael. Michael made no statement—I instructed the officers not to take the prisoners till I told them: I knew we could not identify the goods, and I wanted to get the surrounding circumstances before I arrested them.
Re-examined. I wanted to find them with something on their persons, and I have not now got the larger machinery which I should have liked to have had.
CHARLES JOHN CHILDS . I am clerk to Messrs. Burgoyne, wholesale chemists—this oil of peppermint is worth about 2l. and this saffron 4l., they are to the best of my belief their property; they had articles exactly similar, in a department to which Cutler had access—we have found deficiencies in our stock.
Evidence for Moss's Defence.
HENRY BRETT (The prisoner). I wish to give evidence for Moss—I several times made him a present of food—I have given him dinners wrapped up in parcels, and I gave him an old waistcoat once, but I never gave him any goods belonging to Burgoyne's; the only man I gave goods to was Michaels, and they were given to me.
Cross-examined by MR. GRAIN. I have given saffron to Michaels when he was with Moss, and he might have given it to Moss—I have never stolen things, they were given to me by Cutler—I do not know whether he bought them from the firm or not, I never asked him.
MOSS and MICHAELS— GUILTY . They then PLEADED GUILTY to previous convictions, Moss at Lincoln in April, 1884, and Michaels* at Clerkenwell in November, 1884. Brett and Cutler received good characters. CUTLER— Six Months' Hard Labour. BRETT— Nine Months' Hard Labour. MOSS and MICHAELS— Eighteen Months' Hard Labour each.
OLD COURT.—Friday, January 15th, 1886.
Before Mr. Justice Denman.
MESSRS. POLAND, MONTAGU WILLIAMS, and CHARLES MATHEW ✗Prosecuted;
MR. LOCKWOOD, Q.C., with MR. BESLEY, Defended.
The details of this case were unfit for publication, one of procuring abortion.
GUILTY of manslaughter. TURNBULL— Ten Years' Penal Servitude.
NOTTAGE— Eighteen Months' Hard Labour.
NEW COURT.—Friday, January 15th, 1886.
Before Mr. Recorder.
MR. HUTTON Prosecuted.
GUILTY on the Second Count .— Nine Months' Hard Labour.
214. ALEXANDER COOMBS (30) , Stealing one brooch, the property of George Jones and others, his masters. Second Count, Stealing within six months, 48 watches, 70 chains, 19 brooches, 18 sleeve links, 140 pins, and other articles, of his said masters.
MR. GRAIN Prosecuted; MR. FRITH Defended.
ERNEST JONES . I am one of the firm and Jones and Son, of St. Paul's Churchyard—the prisoner was our porter up to 15th December, we had a character with him when he came about nine months before—it was his duty to take out things which were given to him—he slept on the premises every night—we began to close on Saturday at 4.30—we have three establishments—we had a stall at the Inventions Exhibition, which closed on November 9th, and on November 10th a portmanteau containing among other things this little brooch (produced) was given to the prisoner—it is worth a guinea—it is exactly similar to the ones in the parcel—he had no authority to deal with the portmanteau in any way, he was a mere porter, he had no right to open it—it was strapped but not locked—I have a brother in partnership with me.
Cross-examined. No list was kept of the contents of the portmanteau—stock would not be taken when it got back to my brother's place—it was opened when it arrived, but I was not there—I believe the prisoner is a pensioner—I do not know that he has served four campaigns, two in Afghanistan and two in Egypt—I do not know that he has four medals—we get these brooches from Miller Brothers; they supply the trade—there is no mark on the brooch by which I can swear to it—most houses in the trade deal with Miller's, they are in a large way—I should not say that there were many thousands' like it—I cannot swear to this particular brooch.
Re-examined. It is exactly like the one we put in the portmanteau.
HENRY LESLEY BATT . I am manager to Mr. Mead, of Newgate Street, manufacturer of fancy goods—I know the prisoner by sight—I occasionally take my lunch or dinner at the King's Head, Gannon Alley—I was there on 10th November, the day after the Inventions Exhibition closed, and saw the prisoner there at lunch between 1 and 2 o'clock—he had a portmanteau full of jewellery with him, and before he left the table he opened it, took a portion of the contents out, and put them on the table—there was a general conversation—he said that he had brought the portmanteau from the Inventions Exhibition as the stock from Messrs. Jones's stall—I knew Messrs. Jones by name—I saw some bracelets and brooches, a large number of guitars, and other articles—I purchased this brooch of him for 8s. or 9s.—he took it from a parcel containing a large number of brooches in white tissue paper, which he produced from the portmanteau—I paid him for it—he said that the portmanteau contained jewellery to the amount of about 2,000l.
Cross-examined. I knew where to find him if there was anything wrong in the transaction—he did not mention his employer's name then, but he said he had brought it from the Exhibition, and I knew he was in Jones's service.
AMBROSE JONES . I am a partner in the firm of Jones and Son, of St. Paul's Churchyard; we have several establishments—we had a stall at the Inventions Exhibition, where we exhibited jewellery—the prisoner was our porter—the Exhibition closed on 9th November, and the portmanteau was sent to St. Paul's Churchyard on the 10th—the prisoner
brought it there that day about 5 or 6 p.m.—it was strapped up—I examined the contents and checked them the day after—I did not find this brooch there—I took the articles out and put them into stock—this was the only one of these brooches we had in stock—the prisoner slept on the premises—on Saturday, 21st November, we closed at 4.30—this is a plan of the premises (produced)—they are open, with a gas light inside—there is a Hobbs lock on the door, and this bar was up, and a brass disk covers up the keyhole—the prisoner was in when we closed, and the padlock and bar would go over the lock of the door, but when he was inside, the padlock would not be on—he had full charge of the premises from Saturday night till Monday morning, and had strict orders to let no one in—he was allowed to go out, but I said, "You must be home by 10.30 every night, and if you are found out a minute after 11 at night you will be immediately discharged"—he ought to have been there at 10.30 on this Sunday night—when he went out he would put on the padlock and bar, which would show the policeman that he was out—the gas in the shop would be left alight—the door is always locked, and the bar is padlocked with another Hobbs lock, and then the police have to look out—there is an electric apparatus behind the counter, and a trap on the floor, which is covered with linoleum, and in walking over that spot a person would strike the electric apparatus, which would set an alarum going which would go on for 48 hours, and there is no way of stopping it unless you know where the little handle is which is called a switch, the handle of which is also concealed—the handle is at the side of the trap, and in setting it we have to step over the trap—the same alarum is also attached to the glass case of the window, so that if anybody steps over the carpet and goes to the window that would also give an alarm—the window has a casement, the door of which must be opened to get to the goods, and directly it is opened off goes the alarm—I left between 4.30 and 5 o'clock on Saturday, leaving 20 gold watches, 28 silver watches, 70 gold chains, and 56 gold brooches safe and in their proper places, and all the articles mentioned in the indictment, amounting roughly to about 1,000l.—the 30 gold watches hung on brass rods—there was a tray containing some bracelets in front of the window and inside the second alarm—one case was made just too high, and it reached over another shelf, and this tray of bracelets was put so, and the easiest way to bring that tray out was to draw it, but this one was too high, so we had to reach over the window to get it, because a glass shelf on top contained jewellery, and if it was lifted up it would upset all the articles—the prisoner was in the habit of cleaning the windows, but h✗e had not to deal with that tray—he had heard me say that there was a particular way of removing it without disturbing the stock—I found the tray containing the bracelets had been removed on the Monday morning in the only way in which it could be properly removed, therefore it must have been removed by some person who was well acquainted with the mode of doing it—I saw the prisoner on the Monday morning before I saw the premises—he was brought to my private house by a detective—he said, "You have been robbed of a lot of jewellery, Sir"—I at once went with him and the detective to the shop—we got there about 7.30 or 7.45—the large padlock was then missing which was on the bar, and I found the bar not in its place, but in the shop—there was not the slightest sign of tampering with the street door; there was no forcible opening or
signs of chisels or anything of the sort—the first thing I saw on going inside was a hammer, a screwdriver, and a file belonging to me, which had been taken out of a drawer—I went to the safe and found that perfect—I then went to the electric apparatus and found that in perfect order, but the switch had been turned off so that the bell would not ring—I always looked to see that the bells were set; it was Hennessey's duty to set them—I examined the window case and the bracelet tray—that had been taken out of the window in the way that it is usually taken out, and all the bracelets were gone—just behind that tray there was a glass shelf which had held studs and other things; they were left, the goods were in order as when I went away—I found the brass rods left, on which the watches had hung, but the watches were gone; the little hooks were all in order; three or four watches were left.
Cross-examined. I have had the electric apparatus it may be two years—I have had more than one porter during that time—it was Hennessey's duty to set the apparatus, and the prisoner had to unset it—the previous porters had the same duty—I should have no difficulty in finding them—I gave them good characters, and they have both got situations—the prisoner was allowed to go out for the day on Sundays provided he returned by 10.30—he would not be discharged if he did not return till 11, but I should speak to him about it—the prisoner had to take a portmanteau and a big stool from the Exhibition—my brother and I brought back the gold goods, and I believe the prisoner had the silver ones and the cheap articles—I could tell by my book how many articles were in the portmanteau—I think the brooches are Vienna goods.
Re-examined. I have never seen my other two porters near the premises since—the prisoner was merely to carry the jewellery from Kensington to St. Paul's Churchyard; he was not to deal with it, and he ought not to know what it contained.
TURLE EUGENE HENESSY . I am assistant to the prosecutors—on Saturday afternoon, November 21st, I set the electric apparatus, and left it and the stock in good order, leaving the prisoner in sole charge of the premises—I was the last person to leave—we should commence business again at 9 on Monday morning—the prisoner had the keys of the door; they were patent locks—as far as I know no one else had a key—he had the control of the padlock and bar from Saturday to Monday—I saw the premises on Monday morning; there were no signs whatever of a forcible entry.
Cross-examined. I set the electric bell on Saturday night, and I imagine the prisoner saw me do so—I have never gone away without setting it—Messrs. Jones only employ the prisoner and myself—it is the business of Mr. Jones and I to put the stock in the cases, and it is my business to arrange the electric apparatus—on the Sunday before the robbery I was coming from St. Bartholomew's Hospital about 3.30, and was going into St. Paul's Cathedral with my brother-in-law, and I know that I was seen outside the shop at that time—I am a Roman Catholic—I have been to St. Paul's before—I have never gone and stood outside my masters' shop on a Sunday afternoon before—my brother-in-law is not here—he lives at 31, Osborne Street, Southwark—I could not before the Magistrate remember the name or number, although I have been there 20 times—I never had occasion to write there—my
brother-in-law nevex came to Mr. Jones to see me; he is a respectable gentleman.
By the COURT. The shop is nearly opposite the north entrance of St. Paul's—my brother-in-law was taken iff with fever in Paris, and was sent home to St. Bartholomew's Hospital, and I went to visit him, and certain information happening a short time before this case led to my goining to St. Paul's with my brother-in-law: it is his brother who was in the hospital—as I went to St. Paul's I thought it right to see that No. 62 was all right—the bar was off at that time, and there was no padlock on; that indicated that there was somebody in the house—I then went on the Cathedral.
CHARLES WILSON (City Policeman 241). My beat takes me opposite 62, St. Paul's Churchyard—on 23rd November, about 1 a.m., I saw the prisoner at the shop—he appeared as if he was coming to the shop—he addressed me first, and said "I think I shall go and get a cup of coffee at the coffee-stall"—I said "You can't, because it is not there to-night," and I left him talking to a young woman just by Mr. Jones's shop—I had seen the shop door when I went away at a few minutes after 10 on Saturday night—the padlock was then on, and it was all secure—it was there all through the night till 1 on Sunday morning—when I saw the prisoner I was not on duty in the day time—when I saw the padlock on Sunday night at 10.10 the bar was standing in a corner outside, in a recess of the doorway—I tried the door; it was locked, and apparently all safe—I have been in the force 15 months—I had had instructions, and that indicated to me that somebody was inside—a light was burning in the shop, and everything was safe and in order—I saw the prisoner on the Monday morning about 2 a.m. with Sergeant Dice at Mr. Jones's shop—Sergeant Dice asked me if I had seen the padlock off the door—I said it was not on when I came round the first time—he said "Have you seen the bar?"—I said "Yes; I found it lying in the corner," and I shoved it through the grating of the door, thinking the prisoner was in bed, for him to come out and fetch it in, as I had previously found it in the same place."
Cross-examined. I knew him before—I was in uniform—to my knowledge the prisoner was the first to give information of this robbery to the police.
FREDERICK JOHNSON (City Policeman 14). I am on day duty—on Sunday, 22nd November, about 11 a.m., I was on duty and saw the prisoner at the eastern end of Paternoster Row—it is my duty to look after the prosecutor's premises—the prisoner was coming from the direction of the prosecutor's shop; he had a woman with him—I considered that he was recovering from the effects of drink—he looked in a very dirty state—I saw him get on an omnibus and go away—I went up afterwards and found the premises secure and the padlock on—there was nothing to attract my attention.
WILLIAM HARVEY (City Policeman 408). On Sunday, 22nd November, I was on duty from 6 a.m. to 2 p.m.—it is part of my duty to pass the prosecutor's premises; they were all safe and sound, and the padlock on in the ordinary way during that time.
every twenty minutes—everything was safe, the padlock was perfectly secure.
SIMEON HATCHWELL (City Policeman 262). I was on duty on this Sunday from 11.30 p.m. till 6 a.m. on Monday, the 23rd, and about 11.30 I was at the corner of King Edward Street and saw a Hansoms cab drive up with two men in it, who got out; they were three or four minutes' walk from Mr. Jones's premises—the prisoner was one of them—I did not know him before—he said "How do you do, officer?"—I said "How do you do?"—he said "You know me, don't you?"—I said "I fancy I do"—the other man came forward and said "This is a brother of mine"—they went back to the cab; the brother got in; the cab turned round and went away with him alone and the prisoner went on towards St. Paul's Churchyard.
Cross-examined. I should think the prisoner had been drinking heavily and was recovering from the effects—he said that his brother had come to see him home—I will not undertake to say that he did not say "as I am thoroughly boosey," but I did not notice that.
JAMES DICE (City Police Sergeant). On Monday morning, 23rd November, I was on duty about 100 yards from the prosecutor's premises and heard a noise, and saw the prisoner, as I thought, in the act of closing the door; he then came towards me and said "Where is my padlock and bar?"—I said "I don't know, what about it?"—he said "I put it on my door this morning about 11 o'clock"—I said "You mean Sunday morning"—he said "Now I have just come home and find it is off and gone"—I said "You were not here at all last night," meaning Saturday night—he said "No, I slept out by the Elephant and Castle with a woman"—I went with him to the prosecutor's shop, and on the way I said "Have you been inside the shop?"—he said "Yes"—I said "Did you find anything wrong there?"—he said "No, but there must be something wrong because the padlock and bar are gone"—I said "How did you find the door?"—he said "That was fast and all right and I unlocked it"—we then got to the shop, and Wilson, who was on the beat, came from the opposite direction and met us there—I said to Wilson in the prisoner's presence "Do you know anything about the padlock and bar being off, Wilson?"—he said "Yes, sergeant, I found the bar off and standing in the corner of the doorway"—the prisoner said "What time was that, Wilson?"—he said "A little after 10, just as I came on," meaning 10 on Sunday—the prisoner said "I was not near here then," and unlocked the door with the key and went into the shop—the gas was alight in the usual way—when we got in I said "Where do you usually keep your padlock and bar when you take it off?"—he pointed to a glass counter on the inside of the door on which I saw this hammer, and said that was where he usually said it when he came in—I said "Now do you see anything wrong?"—he said "No, but the padlock and bar are off"—he was going behind the counter, and I said "Stop a minute, you have an electric alarm bell there, we don't want to spring that bell now to cause an alarm outside"—he said "That won't spring, it was out of order on Saturday night"—I looked behind the counter and said "There is no one there"—I found the door of the show case unfastened, and found this little brass bar on the floor which fixes four doors at the corners, and there in a padlock—I said what is this?"—he said "That goes on here"—I said "What fits
this?"—he said "A padlock" that was lying on the floor close to the show case from which a large quantity of these articles were taken—some rods were lying on the floor, but the watches were gone—I had previously been into the back room where he pushed open the mirror door and said "Oh, my God, what is this?"—I said "What is the matter?"—he said "Oh, my poor master; he will be ruined"—a small gas jet was burning—a number of jewellery cases were lying on the floor and on a table empty, and mixed up with a quantity of papers about the floor was a shirt, and some collars, socks, bed clothing, and a counterpane—two jackets were lying on a table on top of some of the jewellery—I said "Do you know anything about these jackets?"—he said "Yes, they are mine; they have been taken down from a peg," and he hung them up again—he went to some folding doors, pulled them open, and said "Oh, good God, all my things are gone"—I said "What have you lost, then?—he mentioned socks, collars, shirts, and a pair of trousers—I asked if those were his things lying on the floor—he said "Yes; but I do not see my trousers"—I went down to the basement with him, and he said "Some one has been down here and turned out one of the gas jets; I left two burning when I went out"—we then returned to the shop—I said "Where is this bell situated?"—he pointed to the left, to the side of a case, and said "The bell is there, and part of the battery is there, and the other part is under the counter," pointing to the place—I said "It is a pity it should have been out of order"—he then showed me the floor, where if a person stepped on it it would ring—he stepped on it, and said "If it was in order it would be ringing now"—he put his hand under the case and made it ring—I said "It is ringing all right now"—he said "Yes, when I put my hand there"—I told him to stop the ringing as it would alarm people, and he stopped it—I then said "Now will you show me your case?"—I picked up this chisel, file, and hammer from the floor, and said "Do you know anything about these?"—he said "Yes, they belong to the place," and showed me where they were kept—I also picked up a gold watch and other jewellery—he gave me a door key and padlock key tied together; they were both patent keys—I then examined the front door, and locked and unlocked it several times—I looked with my lamp but could find no marks of any forcible entry—I said "Have you not been here since you left yesterday morning?"—he said "No"—I said "Then who has had your keys?"—he said "No one; they have not been out of my possession," and he undid his waistcoat and showed me the pocket where he kept them—I said "Just tell me where you have been, just account for your time since you left yesterday morning"—he said "I left here about 11 o'clock and saw a sergeant in Paternoster Row and spoke to him, and he saw me get on an omnibus; I rode as far as Chancery Lane, and then walked back and went to my brother's house, 12, Omega Place, Ford Square; I arrived there about 4 o'clock; I had a steak for my dinner there, and we then went out for a walk and met Jim Berry, and walked about till we met another friend called Charlie; we spent our time walking about and in public-houses; when I came home I found the padlock and bar off"—I said "What do you think is the cause of its being off?"—he said "I thought the governor was here, as I ought to have been in by 4 o'clock"—I said "When you came in did you expect to see Mr. Jones here?"—he said "Yes; I stamped with my foot on the
floor"—I said "Did you look in the back room"—he said "Yes, but I could not see him"—I said "How is it you expressed such surprise at the state of the room when you came in with me, and how is it you did not discover anything wrong?"—he hesitated for a moment, an✗d then said "You must excuse me, as I am very much excited; I will ✗o and inform Mr. Jones of what has taken place"—I sent Cox there with him to Mr. Jones.
Cross-examined. I took no note of the conversation, but I paid particular attention to what he said—I did not know that he would be tried; he was not accused, and I was endeavouring to find out something about the robbery.
JOHN DAVIDSON (City Detective). On 23rd November I was with M✗r. Ambrose Jones and Detective Palmer at St. Paul's Churchyard, and sai✗d to the prisoner, "I am a police officer; what do you know about the robbery?"—he said "I know nothing about it"—I said "Did you sleep here last night and Saturday night?"—he said "I came home between 12 and 1 midnight on Saturday; I left again about 1.15 a.m.; I walked down Ludgate Circus and met a prostitute; I stopped with her in a street near the Elephant and Castle, and left her about 9 o'clock on Sunday morning, and came to the shop, and arrived here about 10.15; I left again about 11 a.m. and walked up Paternoster Row, and met a sergeant of police; I spoke to him, and walked to Smithfield, and then to Holborn Circus, where I took an omnibus, and got down at Berners Street or Newman Street, Oxford Street; I went to several places in the neighbourhood, and then to 12, Omega Place, Blandford Square, which is my brother's address; I had something to eat there; I then met a man named Charley, with a man named Burke, who lived next door to the Perseverance public-house; my brother was with me; we walked to various public-houses and ultimately arrived at the Duke of York, at the corner of Circus Road; we then went to the Duke of York, Portland Town; I saw Johnson and his wife, who keep the public-house; I do not remember where I was afterwards, I was very drunk; I left my brother and Jim Berry; I had some coffee from an old woman who keeps a stall; I walked and got home about 2 a.m."—I put several questions to him—he said "I cannot account for the bells not going off; I do not know the name of the woman I was with"—Jim Berry is a fighting man; Mr. Jones gave him in custody—I found on him at the station 1l. 5s. 3 d.—he said to the prosecutor in answer to the charge "You say this jewellery was worth 1,000 l. and you charge me with stealing it."
Cross-examined. Not one particle of the jewellery stolen on the 21st November was traced to his possession—I have no proof that he has been dealing with it.
EDWARD WILLIAM BROWN . I am a porter at Messrs. Jones's other establishment at Shoreditch, and have known the prisoner since he has been in their service—he said to me last July "Have you made any money down the Well?"—I said "No"—he said "I can tell you how you can make some money"—I said "How?"—he said "By buying wool in Worship Street cheaper than you can get it down in Clerkenwell"—the wool is used to wrap jewellery up in—he said "I could make fourpence or fivepence a pound by buying that"—about a month before the robbery I saw him come out of the St. Paul's Churchyard place—he told me he had a bracelet to deliver, and he delivered it and it got mislaid, and could
not be found, and afterwards, it was found, and instead of going in for small things like that he would go in for a large one—I asked him if he intended doing anything in the matter, because there was a row about it, and his character would be affected—he said that he would let it drop, and would not interfere, as the bracelet had been found—he said that he should get less imprisonment for taking a large quantity than a littlel—I said "What is the use of that? you must be found out before you get to Australia or New Zealand"—he said "I shall stop and face it out, and then go to America," and that he would get somebody to mind what he took-after hearing of this robbery I made up my mind to communicate with the prosecutors—I shall have been there 12 months in February.
Cross-examined. I made the communication on the evening of the robbery—I was not called at the police-court—I was first asked to make a statement yesterday morning and it was taken down—the police did not see me with regard to this matter—the bracelet was afterwards found at the customer's house—the firm was about to charge him with stealing it, but it turned out that it was a mistake of the customer, and the bracelet had duly reached him—I was on friendly terms with the prisoner—it was in a sort of chaffing way that he said "I should go in for something big"—we were chaffing and joking.
Re-examined. The moment I heard of the robbery I thought the conversation of importance, and immediately made a communication to my master.
ROBERT WILLIAMS . I am in the service of Messrs. Hobbs, safe manufacturers—this lock and key were made by them, and as far as I know no duplicates have been made—the lock could not be unlocked except by the key made for it—it has not been tampered with any way.
Cross-examined. Messrs. Hobbs have a large number of men in their employment—they have been long established, and some of their men have gone no doubt—this is four-lever rim deed lock; they are largely used, and are made in large numbers of the same size, but not the same combination—no lock is like another—if the key was lost another could be made, but we do not make duplicate keys for any one.
Witnesses for the Defence.
Cross-examined by MR. GRAIN. I have had two years' imprisonment with hard labour at Westminster Sessions House for an assault on a police constable in the execution of his duty, but got it innocently—I have also had two months for stealing a jacket some years ago—the Jury found I was an accessory to the fact of being in the man's company who stole it—I have also been fined for drunkenness.
JOHN COOMBS . I live at 12, Omega Place, and am an hotel manager—on Sunday afternoon, about 4.30, my brother, the prisoner, came to me, and had something to eat—we then went out as soon as the public-houses opened, and met a friend, and had some drink, and we went from Earl Street as far as the Swiss Cottage; previous to that we went to a public-house—from the Swiss Cottage we returned to the Eyre Arms and had a drink there, and from there we went to the Duke of York, High Street, St. John's Wood, and left there as the houses were closing at 11 o'clock—about 11.15 I went in the cab with the prisoner, and saw him
as far as the corner of Newgate and King Edward Streets, where I left him speaking to a constable who recognised him, and I immediately returned home in the same cab—the prisoner has been in the Army, and has four medals and a pension.
Cross-examined. The prisoner has been tried here for uttering counterfeit coin and acquitted—I have been secretary of Claridge's Hotel—I have been out of employment since last September—I have been abroad since—I was not dismissed from Claridge's—I was managing a restaurant in Lord Street, Liverpool—I left there to better myself—I will swear I was not dismissed—I was managing an hotel at British Honduras before that—it it four years since I was at Claridge's Hotel—I did not see the prisoner in possession of any jewellery either on Saturday or Sunday—he gave me a silver watch on the Saturday night—the detectives and Mr. Jones have seen it and have not identified it—I did not pay him for it; there is no name on it—he said he got it from a man, I think, in the employ of Purcell's, a sweetstuff shop in St, Paul's Church-yard—it is in pawn now for 15 s. in Church Street, I think—my wife pawned it—he had no reason for giving it to me—I took him home on the Sunday night because he was the worse for liquor—he was with me the greater part of Sunday evening—I swear I have never been convicted or charged—my brother had been spending money—he was not with a woman to my knowlege.
Re-examined. It is utterly untrue to say that I have been convicted.
WILLIAM JOHNSON . I live at 106, St. John's Wood Terrace, and am a licensed victualler—on the Sunday night before the prisoner's arrest he was at my house between 10 and a quarter to 11—he remained there about three-quarters of an hour—he was with his brother and a man who I understand is named Berry—I have seen him here.
Cross-examined. I have not the slightest idea that Berry is a thief; I have been told he is a fighting man—I had not seen the prisoner for three months—I have never seen him showing jewellery.
JAMES BERRY . I am a labourer, of 45, Devonshire Street, Lisson Grove—I know the prisoner—I saw him on the Sunday before he was arrested, about 5.45, he was with his brother John—we went to the King public-house and had a drink, and then went to the Aberdeen Arms and sat in the parlour; from there we went to the Eyre Arms, and then to the Swiss Cottage, and then back to the Eyre Arms and had another drink, and then to a public-house in Portland Town—I came away from the public-house with them and went to the bottom of Alphonso Road, where I saw them into a cab—that was the last I saw of them—I defy anybody to say that I have ever been convicted.
Cross-examined. I am not a fighting man—I have been charged once with drunkenness and twice with assault—I have never been charged with stealing—I will swear that—I have never been charged with fraud.
GUILTY.— Judgment respited.
THIRD COURT.—Friday, January 15th, 1886.
Before Mr. Common Serjeant.
For cases tried this day see Kent and Surrey cases.
OLD COURT.—Saturday, January 16th, 1886.
Before Mr. Justice Denman.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. WARBURTON
defended, at the request of the Court.
The Jury not being able to agree, were discharged without finding any verdict. The prisoner was subsequently tried on Tuesday, the 19th, for the same offence and acquitted . He was further indicted for a like offence with James Bradshaw .
GUILTY .— Ten Years' Penal Servitude.
NEW COURT.—Saturday, January 16th, 1886.
Before Mr. Recorder.
MR. FULTON Prosecuted; MR. POLAND Defended.
The facts of this case were not disputed, but from medical evidence for the defence it was contended that the prisoner was suffering from uterine disorder, which, under certain conditions, had tended to impair her mental powers and to render her irresponsible for her actions. NOT GUILTY .
217. EDWARD SMITH alias OLIVER (24), LEONARD ANDREWS (30), CHARLES MORRIS (31), and JOHN ABEL (22) were indicted for stealing a mare, a van, a set of harness, and two cases containing 699 purses and other articles the goods of Henry Foster. ABEL PLEADED GUILTY .
MESSRS. FULTON and ERNEST BEARD Prosecuted; MR. PURCELL defended
Andrews, and MR. BURNIE Morris.
THOMAS PEGRAM . I am a carman in the service of Henry Foster, a carrier, of 64, Pelham Street, Mile End New Town—on 4th December I went out with a one horse van to deliver goods—I had a case for Marcus Ward and Company and another for De La Rue and Company—about 11.15 a.m. I was delivering goods at 15, Charterhouse Street, and on coming out my horse and van were gone—the prisoner Morris spoke to me, and said that he saw two lads go away with the van up Holborn way—I had left the two cases in it—he accompanied me as far as Hatton Garden—we could not see anything of it—he said he would meet me again, but did not say where—I did not see him again—I went to Snow Hill Police-station and then to my employer's—I have seen part of one of the deal cases since; it was similar to this (produced)—the other was a little larger.
Cross-examined by MR. BURNIE. I was absent less than five minutes.
RICHARD CRAWLEY (Inspector Great Eastern Railway). On 4th December I received information that two cases which had been carried by railway from the Continent had been stolen from Foster's van, one consigned to Ward and Co. and the other to De La Rue—on the evening of the 8th I went with some officers of the G division to 15, Smith Street, Northampton Square, Clerkenwell, where Andrews keeps a small working jeweller's shop—he occupies one room, the first-floor front—Sergeant
Marony cautioned Andrews, and told him we were in search of two cases which had been brought there on Friday evening, and he produced samples of the contents, a lady's companion, a purse, a memorandum-book, and a card case—I said "Have you received the cases?"—he said "No, I have not, and I have never seen similar articles before"—Marony looked under his work bench, and pulled out this empty case; it only had some loose paper in it—I searched Andrews's overcoat, which was hanging on a nail, and took from it this cigar case, which he said was given to him by a man named Oliver—Smith is known as Oliver—it corresponded with the missing property, and has been identified—we also found a lady's companion, a tin case, and nine articles in all, which Andrews said were given to him by Oliver and another man—they have been identified—I went into the adjoining room occupied by D'Algnew, who is here—Andrews went with us—we found there a quantity of common card boxes broken up—I found a number of pieces representing 150 boxes, some of which bore the name of Marcus Ward, but not Delarue's—I asked Mrs. D'Algnew how she came by them—she said they were given to her husband by Andrews to light the fire with—Andrews said "That's right"—these card boxes correspond exactly with the boxes missing from the case; here is one which not only contains Marcus Ward's label, but inside "New patented Mascoid process"—there were a number of cases in the consignment—Andrews was taken into custody.
Cross-examined by MR. PURCELL. This was a front room on the ground floor, directly off the pavement—there was no shop front; it is like an ordinary dwelling-house, a small room with a workman's bench in the middle—the other room in which I found the boxes was occupied by another lodger—the only part occupied by Andrews was a workshop—Marony spoke first—he said "We are police officers, and we are come to ask you about two cases left here on Friday night"—Andrews said "I know nothing about it"—Marony said "Now, Andrews, be careful, because we have information; this is the chief inspector of the railway company's police, and he will show you the goods which those cases contained," which he did—Andrews said "I have not seen similar goods before"—this is all the property I found in the workshop, but there are other articles to be produced—this tin case was on his work bench, and some other articles upon it.
STEPHEN MARONY (Detective G). On the evening of 8th December I went with Crawley and Boultby to Andrews's shop—I said "We are police officers, and have called to see you respecting two cases of goods brought to your place here last Friday"—he said "I don't know anything about it"—I repeated the question several times, and advised him to be very careful—seeing this case there I said "I believe that to be one of the cases"—he said "Two cases were brought here by a man named Oliver and another man who I do not know"—I know Smith as Oliver—Crawley produced some articles, and I told Andrews that they were the kind of goods which the case contained, and said "Have you any of the contents of that case in your possession?"—he said "No, I have not"—Sergeant Bailey produced several things which he found in a tin box and in his great coat, and I said "We say that these goods are the contents, or part of them, of this case; what account have you to give of these?"—he said "Oliver gave them to me"—I was present at the finding of the cardboard boxes—Andrews was taken into custody—on the morning
of the 10th, at the police-court, Andrews said "After the goods were brought to my place Lee went out, the other two men remained, Oliver and the man whose name I do not know; about three-quarters of an hour afterwards Lee returned with a man whom Oliver called Brown (Lee is Morris), both these men then passed by Oliver and Lee; Brown gave Oliver 6l. 5s. in gold and silver, which he shared with the other two; Oliver gave me 8s., and then they all left; Brown returned about half an hour after, and put the contents of the cases in a bag and a parcel"—he was about to say some more, but I was called into Court—I took that statement down in writing—I have also a statement on blue paper, that is not what I have been reading from—that statement was made in Andrews's workshop—Oliver's statement is attached to the depositions; that was made at the police-station on the night he was arrested—I reduced it into writing, this is it—he said "At 10.20 p.m. I went to 20, Pitfield Street; I called on Andrews nearly every day; I was in his place about 12 at noon last Wednesday, just as I was going out I saw a man on the opposite side of the street, his name is Lee or Morris; he asked me if I had a stable or any place where he could leave some cases; I replied that I had not, but a back store room, that I would ask Andrews if he had any place; I went and asked Andrews if he had any place where he could put any cases, he said 'I dare say I have if I am paid fer it;' while I was in Andrews's shop I saw a barrow pull up the court opposite, Andrews opened the door and let them in; they were left there, and the two men brought the cases and went away; I stayed some time with Andrews and then left; I went to Andrews again the same morning, he owes me money; I then saw a lot of empty cardboard boxes lying about the place, which he was burning; I stayed there with him I think about three minutes; he gave me no money; I called last night and he was out; I called again to-night, he gave me no money; I believe the young man who pulled the truck up the court, is called Jack, and lives down the court, in Wynyard Street."
Cross-examined by MR. PURCELL. I took down the notes on this blue paper in Andrews's place—when Crawley produced the articles, Andrews said "Yes, I had two cases brought here last Friday by a man named Oliver and another man who I don't know; they were left here for a short time, and they took them away"—he was about to say more, but I was called into Court—I saw the other man Brown the next morning, but I have not seen him since—I have been looking for him—he is the man who bought the articles and gave 6l. 5s. for them—Smith's father lives almost opposite Andrews.
Cross-examined by MR. BURNIE. The statement made at the police-court was in Morris's absence.
WILLIAM COOPER (Policeman G). I went with Boulby to 19, Victoria Road, Holloway Road, on December 9th about 10.30, and saw Morris—I told him he would be taken into custody for being concerned with two men in custody for stealing a horse and van and some fancy goods from Charter-house Street on the previous Friday—he said "I know nothing about it"—I took him to Old Street, and next morning to King's Cross Police-station, where he was confronted with Smith, or Oliver—I said to Smith "Do you know this man?"—he said "I know him as being implicated in the case I am charged with; he carried the largest case into Andrews's shop, and left them there, and then both men left"—Morris said "Yes, but he is
not on his oath"—I then brought out Andrews and said "Do you know this man?"—he said "Yes, I do; he is the man who carried one of the cases you saw in my place; I believe it was the largest one"—Morris said "I have got nothing to say until I get into Court."
Cross-examined by Smith. I did not understand you to say that the other man carried the other case in—Andrews said that he knew Morris, but he did not say so previously.
Cross-examined by MR. BURNIE. When Smith made his statement Andrews was at the farther end of the charge room, and could not hear what Smith said—the conversation was carried on in a low key.
ROBERT BOULBY (Detective Officer E). About 10.20 on December 8th I went with Marom to 14, Pickering Street, City Road, and saw Smith—I said "I shall take you in custody; you will be charged with stealing a horse and van and two cases of fancy goods in Charterhouse Street on Friday last"—he said "Very good"—his real name is George Oliver.
Cross-examined by Smith. I do not remember asking your wife to show me her purse.
HENRY D'ALGNEW . I live at 15, Smith Street, Clerkenwell, in a room in the same house with Andrews—I went to him on Friday, 4th December, to ask him if he had a little money, for some firing—he said that he had not; but he gave me some new cardboard boxes, and part of a wooden case similar to what the prisoner found—I did not notice the label of Marcus Ward on them—some of them are burnt; three or four times as many as are here—the wooden case was larger than this, a good deal of it is burnt—he has no fire in his room.
Cross-examined by MR. PURCELL. I boiled a kettle with them on the 4th, and these were found there on the 8th—my room is on the same floor as Andrew's.
FREDERICK OLIVER . I am a jeweller of 44, Brunswick Close, Clerkenwell—on the morning of December 4th I saw Jack Abel and the prisoner Lee (Morris)—Lee brought two cases and stood them outside Glover's—he carried the large one and Abel the small one, and Andrews opened the door—that is all I saw.
EMMA CROOK . I live at 15, Smith Street, just over Andrews's shop—about 2 o'clock on 4th December I saw Andrews and Lee with a barrow down the court, and they each brought up a case into Andrews's place—I couldn't say who opened the door—after they had gone inside I heard something as if cases were being opened and wood burning, but I could not say whether it was in Abel's or D'Algnew's room.
Cross-examined by MR. PURCELL. I could hear the crackling on the fire, but could not say whether it was in the front or back room.
Cross-examined by MR. BURNIE. I was asked at Old Street to identify Morris, and I could not.
Cross-examined by Smith. I have seen Morris in Andrews's shop several times, but not Abel, nor have I seen Abel in Morris's company.
Re-examined. I have no doubt now that Morris is the man.
WILLIAM SMITH . I am a stationer, of 19, Great Sutton Street, Clerkenwell—on 4th December Smith brought me this lady's hand bag, a purse, a card case, and four wallets, and offered to sell them for 15s.—he owed me 12s. and I paid him 3s. next morning.
Cross-examined by Smith. You did not give me any hint that these were stolen—I have known you altogether about three months—we have
had four or five transactions together—I knew you at a dealer; you owed me the 12s. for a watch.
Re-examined. I have not been in the habit of buying things from Smith, but I have bought two or three watches from him—I did not ask ask him where he got them—I think he is a dealer in those kind of things.
JOHN ABEL (The prisoner). I have pleaded guilty to stealing these cases, and horse and van, outside this place in Charterhouse Street on 4th December—Smith was with me, but nobody else—I know Morris by his using the same public-house that I do—I knew him in the name of Lee—he was not there at all that morning; I never saw him, I am quite sure—I made this statement to Sergeant Marony about what occurred that day; this is my signature to it—I said "I was with George Oliver and Charles Lee when they stole the van in Charterhouse Street, and all of us took it to Clerkenwell Close, &c."—that was read over to me before I signed it, but it is not correct that I said that Morris was there—it was a mistake my signing it—I do not remember hearing those words.
Cross-examined. We drove from Charterhouse Street up Hatton Garden and turned to the right to Clerkenwell Green—I did not see Morris that morning, but I saw him that night—I never meant to say that Morris was there—that statement was written by the detective.
Re-examined. I saw Lee in the evening in a public-house in Goswell Road, and drank with him—he did not mention that he had spoken to the driver of the van and led him down Hatton Garden, but I told him I had stolen a van and the contents—he did not say that he was outside and saw the van—he only said "Oh"—Smith gave me 38s.—I do not remember telling the detective that Morris was there awaiting me.
Cross-examined by Smith. You jumped on the tail of the van when I turned into Hatton Garden; I went up Clerkenwell Close, and you gave me 1s., and told me to get a barrow, and you helped me with the goods, and the cases were taken into Andrews's house—you carried the small one and I the large one—I do not know that it was through your information to the police that we were apprehended—when I was brought into the cell I did not say "All right, I have pleaded guilty, and I will make it all right for you for seven years"—I did not say at the station "We were all three out together"—I was with you, that is all—I said in the dock at Clerkenwell that I was led into it by you—Morris and I did not go into a corner and speak together; we sat on a form.
Re-examined. Lee and Smith moved the cases from the van to the barrow, and no one else.
STEPHEN MARONY (Re-examined). This statement was taken down in my presence from Abel's mouth, and when I found he pleaded guilty I read it over to him twice, and asked him if it was correct; he said that it was, and signed it.
ALFRED EDGAR DAVIS . I Live at 13, Meeting House Lane, Peckham, and am buyer to De La Rue and Co., of Bunhill Row—in November I ordered some goods by numbers from Germany, consisting of purses, card-cases, &c, value 28l. 17s. 6d.—they were consigned to me by the
Great Eastern Railway, but they never arrived—I ordered one with 8372 upon it. (This was one of the numbers on the boxes found.)
GEORGE F. RAPKIN . I am buyer to Marcus Ward and Co.—in October last I ordered goods from a catalogue by numbers from Germany, value 33l. 10s. 8d.—they were consigned to me by the Great Eastern Railway, but never arrived—I have examined some of these pieces of cardboard, they bear my name and some of the numbers ordered by me—these articles are exactly similar to what I ordered.
Smith in his defence stated that Morris spoke to him about storing some empty cases, and that he went and asked Andrews if he would mind them, and shortly afterwards Morris brought the cases up the court, Abel carried them and Andrews took them in; and that Morris stated that he had bought them at a sale; that Morris was embittered against him for having locked him up with a man named Irving for defrauding him of two diamond rings, and said "I will make it hot for you;" and that he could have proved that he was not present when the van was stolen, but his witness had failed to appear.
Andrews received a good character.
SMITH, ANDREWS, and MORRIS— GUILTY . Smith and Morris then PLEADED GUILTY to previous convictions, Smith in February, 1881, at this Court, in the name of Oliver, and Morris at this Court, in May 1881, each receiving a sentence of five years' penal servitude. SMITH, ANDREWS, and MORRIS— Eighteen Months' Hard Labour each. ABEL— Twelve Months' Hard Labour.
THIRD COURT.—Saturday, January 16th, 1886.
Before Mr. Common Serjeant.
218. HENRY BROWN (35) and WILLIAM HIGGINS (28) PLEADED GUILTY to stealing 5s. from the person of John Barnett; Brown having been convicted of felony in March, 1882, at this Court in the name of George Fenning, and Higgins in April, 1883, in the name of William Ryan . BROWN**— Five Years' Penal Servitude. HIGGINS Eighteen Months' Hard Labour.
The COURT ordered an award of 2l. to a witness in the case named Wilkinson.
MR. HIGGINS Prosecuted.
ADOLPH REUSS . I live at 64, Elmore Street, Islington—on 29th December at a quarter to 1 a.m. I was walking in Commercial Street and saw two men, Bryan was one; he caught me by the throat and put his hand over my mouth; the other came behind me and pulled me half way down, and rifled my trousers pockets and took 5s. and my handkerchief and pocket-knife—I struggled and got his hand away, and called out "Police"—he got his hand again to my mouth—the man whose figure was like Harvey's ran away, and Bryan ran too—I was on the ground; I got up and ran after Bryan, and did not lose sight of him till he was arrested.
Cross-examined by Bryan. You ran towards Spitalfields Market—the policeman came to you at the same time as I did, and you stood there
looking at a heap of cabbages—I had 9s. in change, and half was in one pocket and half in another—I only lost the half out of one pocket—I did not hear the inspector say anything.
Cross-examined by Harvey. This handkerchief found on you is mine; it is like this other one, which I afterwards brought to the station—I do not indentify you; I am sure of Bryan.
WILLIAM GREGORY (Policeman H 70). On 29th December, about 1 a.m., I was in Commercial Street—I heard cries of "Police," and saw Bryan running away and the prosecutor following—I chased Bryan and caught him—before I said anything to him he said "You have made a mistake, Governor"—I took him to the station—he made on reply to the charge—I searched and found a handkerchief and a halfpenny on him.
Cross-examined by Bryan. The prosecutor was about three yards from you when I caught you—I did not say "Halloa, Denny, what is all this?" nor did I ask you which way the two men ran, nor add that it would be all right.
JAMES LUKER (Policeman H 396). At a quarter to 1 on 29th December I heard a whistle blowing, and saw Harvey running down Brushfield Street, in the direction of the City—he turned to the left, through Pater-noster Court, and ran into a chandler's shop, where I caught him—I took him to the police-station—I found on him this handkerchief and three florins, a shilling, two sixpences, and fourpence, and this iron stamp—the prosecutor subsequently identified the handkerchief as his.
Cross-examined by Harvey. There is no private mark on the handkerchief—you were buying bread and bacon in the shop—you were about 10 yards in advance of me when you ran—when I got you outside I said "You are out of breath now."
By the JURY. I could not see his face as he ran; I never lost sight of him till he got into the shop, and he was the only person in the shop besides the woman serving—I stood at the door while he was being served and looked in—I ran after him because I heard a whistle and saw him running.
ADOLF REUSS (Re-examined). I do not know what coins I had; I think there were florins and three or four coppers—I saw on the handkerchief the next day marks which I had made on my handkerchief by wiping perspiration off my forehead—the prisoner could not have got to my money without taking my handkerchief, as that was on the top.
Bryan in his defence stated that on this night he stopped on hearing a cry of "Police," and that the policeman came and asked him if he had seen any one run past; that he did not know Harvery, and was ignorant of the affair.
Harvey asserted his innocence, and stated that he lodged opposite to the chandler's shop, and that if he had been guilty he should have gone into the kitchen at the lodging-house, where among the many men there he would not have been traced.
HARVEY— NOT GUILTY . BRYAN— GUILTY of robbery without violence . He then PLEADED GUILTY ** to a conviction of felony in November, 1881.— Five Years' Penal Servitude.
MR. LYNE Prosecuted; MR. BURNIE defended Smith.
WALTER KENNETT . I am a chemist, living at Little John Street, Hoxton—on the morning of 30th December I was in Old Street—I had been out serving some confectioners' shops, and had started about 6 o'clock in the evening—at 1 o'clock I was coming opposite Tabernacle Walk—I saw Smith walking the same way as myself—I was going to pass her to turn round Pitfield Street, when she caught my arm on the other and said "Halloa, dear"—another woman caught my arm on the other side, and then I had a blow on the back of my hat—my hat saved my head, and the blow went down my back—my hat was knocked off; Fitt must have struck that blow; I did not see his face then, but I caught him by the feet—I fell on my back—Fitt was on top of me, kicking me, and the women were stooping over me clawing my face—Fitt caught me by the throat; I have a mark now—they all rifled by pockets—Fitt had his hand in my right overcoat pocket when he was taken—I had done business to the amount of 26s., and when I got home had only 8s. 9d., so that I lost 17s. 3d.; it was in both pockets—the two women ran away as the constable came across the road—when on the pavement scrambling about I heard a policeman's whistle, and I heard the two women say "Look out, here is the police," and they ran away, and the man was taken into custody—I had hold of his leg as he tried to kick me—Smith was taken into custody on the following Tuesday or Wednesday, and I saw her the next week at the King's Road Station—I identified her at once from seven or eight others.
Cross-examined by Fitt. I told the inspector you knocked me down and robbed me—I did not tell him I had not lost anything—at the station I said to you "You cowardly vagabond, I am big enough to take my own part if you will come to me by yourself; if I had five minutes with you I would not trouble you any more"—the inspector told me to sit down—I was covered with blood—I said I didn't know if I had lost anything—I made another rush to hit you—the inspector did not say he would charge me with being drunk and disorderly if I did not leave off—I said that I was knocked down by a stick—I gave a description of the woman; I could see her a long time before I got to her—I saw nobody else there at the same time—I did not say at the police-court that a mob got round me and you caught hold of my throat—I was only speaking of you three—I did not see you till after I was knocked down, partly insensible—I got hold of your legs and halloaed "Police!"—you were kneeling on me—I had been into the Eyre public-house, and took 4s. 6d. of the landlady, and had some drink—I met the lamplighter there and another man; we had a quartern of rum between us—I also had some ale at the Bell in Smithfield Meat Market, and then I went to my married sister's at 80, Long Lane—I and her husband had a quartern of gin between us—I left there at 12.20, I think—I went into no public-house between the Eyre and the Bell.
Cross-examined by MR. BURNIE. I did not say before the Magistrate "I was robbed by a lot of people"—I was surrounded after I was knocked down—my face, knees, and ribs got injured and disfigured—I was almost insensible—I did not say a word before the Magistrate about the woman getting on the top of me and scratching my face—I believe I said she clawed me—my deposition was read to me and I signed it—I told the Magistrate's clerk she clawed my face and scratched me. (This did not appear in the depositions.) I did not tell the clerk he had not
taken it down—a crowd got round when the policeman was there; not before—I was not taken by the throat after I was surrounded—I was taken by the throat when on the ground.
Re-examined. I was only in two public-houses and at my sister's.
THOMAS RUSSELL (Policeman G 128). On 30th December, about 12.45, I was on duty in Old Street, and saw Kennett there on the pavement; Smith had hold of one of his arms, and another female not in custody had the other—Fitt struck him on the back of the head with this stick, and he fell to the ground—I went across the road; the two females, who appeared to be holding Kennett by the head, looked up, saw me, and ran away, one of them saying "Look out, here comes a policeman"—Fitt was on his knees with his right hand on Kennett's throat, and his left hand in Kennett's right-hand coat pocket—Kennett had hold of Fitt round the shoulders; I caught hold of Fitt—there was no crowd round then—I released Fitt from Kennett, and held him by my right hand while I got Kennett on his feet with my left—Kennett said "They have been trying to do it"—I said "Do what?"—he said "Rob me"—I said "Yes, I see that"—then I was surrounded by several other men, who tried to take him away from me—I blew my whistle, and two constables and a sergeant came and helped me to take him to the station—the prosecutor was bleeding from the face—I was about 15 yards away when I first saw the occurrence—this is the stick—it appeared to strike the prosecutor on the top of the head; his hat was on—the knob end of the stick was used.
Cross-examined by Fitt. Two florins and 8 1/2 d. were taken from you at the station—I gave evidence at the station of the prosecutor being struck with the stick and a description of the woman's dress—Kennett was not at the police-court next day—I did not saw I saw him struggling with two women and a man, nor that they all fell to the ground—another constable picked up the stick and brought it to the station—both your hands were at work on prosecutor—you were charged with robbery and assault.
Cross-examined by MR. BURINE. When I saw them 15 yards off there were no people round them—the prisoner and prosecutor fell, and two or three ran up to see what was the matter, and I ran up too—we came up together—Fitt struck the prosecutor from behind—I am quite certain this is the stick I saw—the prosecutor appeared to be perfectly sober.
ROBERT SAGE (Police Sergeant G). On 5th January, about 12.30 noon, I saw Smith in Pitfield Street, Shoreditch, and told her I should take her into custody for being concerned with a man named Fitt with robbing and assaulting a man in Old Street—she replied "I had not been with him"—I took her to the station; she was placed with six other females, and identified by Kennett—I had been looking for her in the interval.
WILLIAM BOND (Inspector). When the prosector was brought to the station he was excited, but sober—ho had the appearance of having had a severe struggle with some person—he had had a wound and a scratch, and his coat was torn.
Cross-examined by Fitt. The constable said he saw you trying to rob the prosecutor—he said something about a stick; it was not taken down, but on the charge-sheet you were charged with assault—the prosecutor tried to get past the policeman to punch you—he was excited; I told him to sit down—I did not say I would charge him with being drunk and disorderly—he said he had lost money, but could not say how much—he
pulled out some, I think—the policeman gave you 4s. 10d. back—I charged you with attempted robbery and assault, but you were committed for trial for robbery with violence.
Fitt in his defence asserted his innocence.
FITT then PLEADED GUILTY ** to a conviciton of felony in March, 1884, in the name of James Smith .— Five Years' Penal Servitude and 25 strokes with the cat. SMITH PLEADED GUILTY to a conviction of felony in March, 1885.— Nine Months' Hard Labour.
OLD COURT.—Monday, January 18th, 1886.
Before Mr. Justice Denman.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MESSRS. BESLEY and
NOT GUILTY .
He received an excellent character from numerous witnesses, and MR. JUSTICE DENMAN stated that he left the Court without a stain upon his character.
There was another indictment for an indecent assault upon the same person , upon which no evidence was offered.
THIRD COURT.—Monday, January 18th, 1886.
Before Mr. Common Serjeant.
MR. WYLDE Prosecuted; MR. WILLES Defended.
WALTER BROWN . On 26th December I was assisting at the bar of the Dolphin in Tonbridge Street, Euston Road, about 9.30—I am a friend of Mr. Groom, the proprietor—the prisoner came in and asked for a small lemon; the barmaid served him—I said "Twopence, please;" he put a penny down—I said "Come on, captain, it will be another penny"—he felt in his pockets and brought out two halfpence; he finished the lemonade and threw the glass down on the floor—I said "You will have to pay for this"—he said "I shall not"—I lifted up the flap, walked to the sixpenny half-penny glass, and you will have to pay 4d. "—he said "I shall do nothing of the kind"—I said "You don't wish to get yourself into trouble, why don't you pay me the money?"—he said "I shan't"—I said "Then I shall have to lock you up, that is all, if you decline to pay"—he appeared to fumble underneath the edge of the counter—I turned towards the door to fetch a policeman, the prisoner rushed at me and caught me in the ribs with his left hand, and with his right hand, in which he had a knife, he stabbed me under my left bladebone—I turned round and saw the prisoner coming at me again with the knife in his right hand still—I knocked him down—he got up and made another attack on me; I knocked him down again, and then just had sufficient time to back out of the doors and close them on the centre post—I held them tight till assistance came—I was then taken in a cab to the Gray's Inn Road Hospital, where I was for five days—I was bleeding considerably—I believe the wound has healed, but I am
still an out-patient—I suffered much pain at the time, and this morning it is painful again—I cannot attend my duties yet—I can only just assist at the bar in the evening—this is the knife, I believe, I saw the blade.
Cross-examined. I am not the proprietor's brother-in-law—I had never seen the prisoner before to my knowledge—the Rising Sun is on the same side of the street as the Dolphin, a little farther down—the barmaid served the prisoner; I took his money—there was no dispute till he broke the glass—I did not put my back against the door and refuse to let him leave the place—there was no struggle between us—the prisoner had a parcel, which he had put on the counter—he did not take it and prepare to leave the house in my presence—he had no cigar—the compartment was rather small; nobody else was there at the time.
WILLIAM CLARE GROOM . I keep the Dolphin—on this night I was getting my supper—in consequence of a communication I came into the bar—I saw the prisoner standing in front of the bar—I said "Well, look here, you had better pay for that glass"—the prisoner said "I shan't pay for it"—I said "If you don't pay for it I shall have you locked up"—he pretended to be getting his money out of his pocket, and turning round to the side of the bar fumbled with his hands under the counter—when I first saw him he had nothing in his hands—his parcel was lying on the counter—he never had a cigar at all—my man went round and was going out of the door to fetch a constable and the prisoner struck him with his right hand, and afterwards I saw the glittering knife in his hand—Brown knocked him down, the prisoner tried once or twice to strike him again, and I went and knocked him up against the partition—Brown struck him twice, I think—hearing a disturbance people came in, and afterwards Brown said "Governor, he has stabbed me"—I put my hand on his side, it was saturated with blood—I sent him off in a cab while the customers minded the prisoner, who appeared to be all right, and was perfectly sensible—I saw him put the knife away in his trousers pocket afterwards—he might have had a glass to drink, but he knew what he was doing; he could walk straight and speak all right.
Cross-examined. The prisoner was a perfect stranger to me—I heard his late employer state at the police-court that he was discharged at 6 o'clock for being drunk—I heard the prisoner say before the Magistrate he was drunk.
Re-examined. He said he had been drinking all the week—his employer came about some jewellery that was wrong, but afterwards he withdrew his statement.
By MR. WILLES. Some jewellery was found on him at the station, and his employer was sent for, and Mr. Clark came afterwards—the Magistrate discharged him.
WALTER BROWN (Re-examined). The prisoner spoke as rationally as he does now—I could not say if he had had a glass or so to drink—he did not appear as if he had—he was all right when I served him with a small lemon.
WILLIAM BARRY (Policeman E 167). On this night I was called to the Dolphin, where I saw the prisoner being held by some people inside the bar—I asked him for the knife—he made no answer to my knowledge—I searched him and found these two knives, closed, in his right-hand trousers pocket—one was a little larger than the other—he was sober,
but had been drinking to my knowledge—he was taken to the police-station and charged.
Cross-examined. At the station jewellery was found on him, about which an inquiry was held—I called on his employer four days after—Mr. Clark, who was proprietor of the Rising Sun, gave evidence that he had told the prisoner to bring some specimens of jewellery, as he wished to make his wife a Christmas present, and then he was discharged—I heard Mr. Reece say he had given the prisoner a week's notice to leave, and as he was under the influence of drink he had discharged him—the larger knife has stains on it.
NATHANIEL HENRY TURNER . I live at 13, Ratcliffe Gardens, and on 30th December was house surgeon at the Royal Free Hospital, Gray's Inn Road—I examined Brown's back, and found a wound about two inches below the shoulder-blade, on the left side, about an inch long, and on examination I found it went nearly an inch deep, struck against one of the ribs, and did not go between them; it went in a slightly slanting direction—if it had not struck against the rib it might have gone into and injured the lung—I dressed the wound—it might have been caused by either of these knives—this knife has stains, I cannot say if blood or rust—I have never seen it till now—I should say the blow which caused the wound must have been given with force; it went through his clothing and body—the wound bled a good deal—he was an in-patient up to the Thursday—the wound had not healed when I last saw him 10 days ago.
The Prisoner's Statement before the Magistrate. "As regards the wound, I was in a sad state of drink at the time, and have no recollection whatever of the occurrence, inasmuch as on Sunday morning, at Baker Street Police-station, I asked what had occurred and where I was. I am considered usually a peaceable man."
The prisoner received a good character from one witness.
GUILTY of unlawfully wounding .— Eighteen Months' Hard Labour.
THIRD COURT.—Tuesday, January 19th, 1886.
Before Mr. Common Serjeant.
MR. TICKELL Prosecuted; MR. BURNIE Defended.
THOMAS KNOLING EDWARDS . On 23rd December I lived at 19, Station Road, Camberwell—I am now a foreman shipwright, working at Chatham Dockyard—on the evening of 23rd December, between 9 and 10 I think, I met the prisoner near the Royal Exchange—she said "Good night; it is rather cold?"—I said "Yes, it is"—she said "Will you stand a liquor?"—I said "I don't mind"—we went into a public-house three or four minutes' walk off—I stood her port wine, and had whisky myself—I paid with money out of my purse—I caught her hand in my right-hand trousers pocket in the public-house, and said "What are you doing with your hand in my pocket?"—she pulled it out, and I held it with my left, and with my right felt that my purse was in my pocket—I used an expression, and said "You have robbed me"—she opened her hand and said "I haven't got anything belonging to you"—there had been between 5l. and 6l. in gold in the purse—I could tell by the fell that it was
safe when I took out the purse to pay for the drinks—I said "You infernal thief"—she said "I have not got anything belonging to you"—she went to move away—I caught hold of her and threw her down in a corner, and said "Turn it up"—two constables were sent for, and when they came I said "If you turn it up I won't expose you at all"—she said "I won't have anything to do with you"—one of the customers said to me "If you want your money you must give her into custody"—I tried to coax her, but could not get my money, and so gave her into custody—this comb is mine, and was in my left trousers pocket with this pencil case—I gave neither of them to the prisoner—I first knew I had lost them and she had them was when the constable came—I had been drinking, but knew perfectly well what I was about—I was a little fresh—I knew perfectly well I had lost my money—the prisoner was a perfect stranger to me.
Cross-examined. I do not know what time it was when I met her—I said afternoon at first before the Magistrate, and then rectified it and said evening—it was dark; the gas was alight—I had had a little more than I ought to take—I had been to High Holborn and the Strand that day, starting about 2 o'clock—I had nothing to drink till 5.30, when I left books at Ludgate Station which I had bought—between 5.30 and 10 I had been to two public-houses before I met the prisoner—I looked at the shops and got up to the Royal Exchange about 7 o'clock, and between there and Leadenhall Market I met the prisoner—this public-house was the only place I went to with her—I did not go to a house of accommodation with her—I did not give her the comb, the value of which was sixpence, to comb her hair with, nor the pencil, value about sixpence or fourpence, to write her address with—I did not give her a sovereign for herself—I don't know what time I went into the public-house—I dare say it was 10 or a quarter-past—I can't say what time the constable came—after he came I said to the prisoner "If you give me my money I will not give you in charge"—she said "I haven't got anything belonging to you"—I would have let her go if she had given it back to me; I did not want the exposure—there was nothing in her hand when I caught it in my pocket—the purse was in my pocket empty—I said before the Magistrate I paid for the drink with loose change I had—I meant that was in one of two fobs I have in my purse—I had not felt her hand in my pocket before—the sovereigns were in the purse by themselves, and the purse was folded up—I suggest she took the purse out, took the money, and put the purse back again.
JOHN LASHBROOK . I keep the Hercules, Leadenhall Street—on Wednesday, 23rd December, I saw the prisoner enter with the prosecutor about a quarter-past 10, and they remained till the constable came, about a quarter to 11.
EDWAKD WATKINS (City Policeman 881). I was called to the Hercules, where I saw the prisoner and prosecutor about a quarter to 11—the prosecutor said "This woman has robbed me of between 5l. and 6l. "—she said "I have not"—I said "Do you charge her?"—he said "No, not if she will return me the money"—he said to her "Are you going to return me the money?"—she said "I have got nothing belonging to you"—he said "Yes you have; you know you took it"—she said "No, I did not"—I said "Will you charge her?"—he said "No; I am afraid of the exposure; I am a married man"—I left.
Cross-examined. I left before 11—when I left there was nothing to prevent the prisoner coming away.
THOMAS OVERTON (City Policeman 914). A little after 11 o'clock on Wednesday night, the 23rd, I was called to the Hercules, and saw there the prisoner and prosecutor—the prosecutor said "This woman has robbed me; I charge her with stealing 5l. 10s. "—the other constable had gone—she said she had got nothing but what was her own—I took her to the station—she was carrying this bag (produced)—I searched it at the station, and found in it five sovereigns in gold, a sixpence, and 7d. in bronze, and also this comb and pencil-case.
Cross-examined. The prisoner said it was her own money—the prosecutor had been drinking, but was quite capable of knowing what he was about—the gold was loose in the bag; there was a handkerchief and gloves over it, but if it was put in and shaken the gold would fall to the bottom of the bag.
GUILTY . She then PLEADED GUILTY to a conviction of felony in June, 1885, in the name of Clara Smith. The warder who produced the certificate stated that the prisoner had been released on an order from the Secretary of State, who had investigated the matter, and that no other conviction had been proved against her.— Ten Months' Hard Labour.
NEW COURT.—Monday and Tuesday, January 18th and 19th, 1886.
Before Mr. Recorder.
MESSRS. KEMP, Q.C., and GRAIN Prosecuted; MESSRS. ROWLANDS, Q.C.,
and FILLAN Defended.
EVELYN ALFRED RICHARDS . I was cashier to Mr. Sheffield in March last, and am still in his employment—the prisoner was his managing out door clerk—it was his duty to pay into the Bank of England at the Royal Courts, any moneys that had been received by him—he would come to me when he wanted cheques drawn or money to be given for such purposes—this cheque was made out as it now appears on March 22nd, 1885, but not signed—it is an open cheque, made payable to A. Leving, another clerk in Mr. Sheffield's employ—the reason it was an open cheque and payable to a clerk was because money only is taken at the bank—the prisoner was away in March, and Loving was taking his duty as to paying money into the Bank of England—on or about the 22nd July the prisoner came to me and asked me for that cheque of Elwin's, or words to that effect—this cheque had been signed by Mr. Sheffield the day before, who put a stroke through "March," and put "July"—he signed it on the 22nd, and it was the 23rd when Hunt came to me—I then tore it out and gave it to the prisoner—Mr. Elvyn is our client in the suit ex parte Baldock, and quarterly instalments had to be paid into the Bank of England—Mr. Sheffield signed the cheque for that purpose—Leving sits at a desk close to me; I saw Hunt go to him and heard him say "Endorse that cheque"—I did not hear him say where he was going—this (produced) is a diary kept by the prisoner, in which he enters the work, or some of the work of the day, as a reminder of what he has to do; it is all in his writing—the bills of costs are made
from this diary and from what are called slips—a charge would be made for his attendance to pay in—this entry is "Re Baldock, pay money in and issue summons to adjudicate claim"—I keep the books; I do not post the ledger from this book.
Cross-examined by MR. ROWLANDS. This book belongs to the clerk who keeps it—this cheque was drawn by me in March; it is signed by Mr. Sheffield in July—this 57l. 10s. 6d. had been paid by Mr. Elvyn into the office about 2nd February; it was the Christmas instalment—Mr. Sheffield paid it into his account at his bank—it was the custom to pay all amounts to Chancery—Mr. Sheffield had not sufficient at his bank to meet the account till July—Hunt was the managing clerk of the whole office except the cashier's department—if he had asked me for a cheque and told me what it was for I should have given it him—large sums of money passed through Hunt's hands on behalf of clients—Cooper's mortgage of 2,000l. passed through his hands, and the money was paid correctly; that was about this time—I was not aware that Hunt had received the instalment from Collins and from Mrs. Elvyn the Christmas before—Leving sits in the same room as I do, but there is a wooden partition running partly up, which separates us—there was nothing to prevent me hearing wnat was said—Mr. Sheffield's bankers are Fuller, Banbury and Co.—this cheque was paid by them—Le Brass and Oakley are solicitors.
Re-examined. Mr. Sheffield was allowed to overdraw his account, an cheques were honoured.
THOMAS LEACH . I am short hand clerk to Mr. Sheffield—it was my duty when the prisoner came in after a day's work, to take down in short-hand what he had been doing, under the different heads of cases in the office—this (produced) is a true transcript of what I took down in short-hand from the prisoner's mouth on 25th July. (Reading the entry. )
Cross-examined by MR. ROWLANDS. I made this entry a day or two afterwards; there was sometimes a fortnight or three weeks' interval in making the entries—this heading of 25th July means that the business was said to have been done on the 25th, but it does not follow that the entries were made that day, nor that the information upon which I made the entry was communicated to me on the 25th—the entry was made in the office six days afterwards—Mr. Hunt dictated it, and I took it down in short hand and transcribed it—all these other entries were made by Mr. Hunt—Hill and Sheffield is the first, Re Baldock is the next, and Wynans and wynans the next—here is "Attendance to issue summons to have Mr. Baldock's claim adjudicated on; found great difficulties in the way"—I have no entry on that day of attendance on Mr. Aird by Mr. Hunt, re Baldock"—I make a transcript from my short hand the following day if possible; when I have copied them they are placed in the cashier's department—Mr. Hunt would have access to them as far as I know—I am also bill clerk—I have not got my slips here from January to July—I can't say whether there are several entries "Attendance to pay in, instalments."
Re-examined. When I say it was made six days afterwards, I refer to my short hand note, not to the entry in the sheet—I made that from the prisoner's dictation; that is supposed to represent the work he had done in the day.
prisoner was my clerk; he commenced at two guineas a week, and went on to three—he had no other remuneration—he entered my service about June, 1884—on 21st March I ought to have paid into the Court of of Chancery 57l. 10s. 6d., but I did not do so because I expected to have a counter claim for delivery of abstracts to the vendors in the same matter, and I proposed to set off that claim against the other by the permission of the Chief Clerk, and I had already made an advance to Mr. Elvyn—it is the fact that my balance at my bankers' was overdrawn; they were permitting me to overdraw, and were honouring my cheques—I should mention that up to that point two small cheques were returned—the Chief Clerk's order to me was to pay it, and to come in afterwards for my costs—I had Mr. Aird's undertaking to pay me part of the amount; 25l.—it became necessary about 22nd July that the money should be paid, and the cheque had been drawn as a memorandum, and I then signed it, and it was handed over to the prisoner for the purpose of handing it to the Court of Chancery, and for no other purpose whatever—it was his duty to pay it to the Court of Chancery—he would have to get it cashed first at the bankers'—some considerable time afterwards I saw the entries in his diary, and in the sheet, and also in my ledger, and I entertained no suspicion whatever: but about 29th or 30th August when I was away on audit business in Wales I received a letter, and I asked the prisoner if the money had been paid in—he said "Yes, long ago; why do you worry yourself about it?" and I fully believed that he had paid it in—on 20th August the prisoner had to go to Bordeaux in the action of Wynans and Wynans—Mrs. Wynans went with him—I gave him 70l. to pay their expenses, and I subsequently heard, but not from him, that he had borrowed 40l. from the Vice-Consul at Bordeaux in my name—it was a ten days' commission, and there were two Sundays—when he returned I requested from him the account of the moneys he had expended, and after some difficulty I got from him this document (produced)—he had then been discharged and had left my employment—I had lent him 25l. on his promissory note, and he had borrowed 26l. odd from my cashier, which is still owing—the railway fare from Bordeaux to Biarritz is about 30l.—I have often gone, but they get a reduction by going to Cook's—the total expenses for two persons for four days are two guineas a day—I have not been able to get them—there are also incidental expenses at 1l. 10s. 6d. a day—I have not been able to get that—he gives me credit for 70l. in this account—there is no mention of the 40l. borrowed in my name in this account—Mrs. Wynans was my client—I did not authorise Hunt to deal with this cheque in any way except to pay it into Baldock's account in Chancery—I did not know of his doing so till some time afterwards—I had not the slightest suspicion.
Cross-examined. This is my advertisement—I took the prisoner, and he remained in my employ till September last—the last entry in that book is Thursday, September 20th—he has made an entry in it on September 5th as returning from Biarritz—I had had no disagreement or quarrel with him—Mrs. Wynans was still my client, but Mr. Hunt took the conduct of her suit under my instructions to a certain extent—he did it and sometimes I did it—I once went to Paris about her business—she had, I believe, great confidence in Hunt, and when he left me she wrote to me and said she was not going to continue, without any stipulation, and I accepted that dismissal—she called on me again and asked me to re-undertake
her business, coupling with it the stipulation that I should re-employ Hunt, and I declined to do so—she wanted him to be the person to conduct her business—I had no quarrel with him, I dismissed him on account of his irregularity, and wrote him a letter—I met him once—I had not a great many quarrels with him on account of not allowing sufficient money to meet the expenses of the commission, it was not a matter that rested with me—I only had one discussion with him as to allowing money for the expenses of the commission—I declined to allow him more than 70l.; I said that if more was required, and the commission was extended, he could telegraph to me, and I would send the extra money at once—I received this telegram from Bordeaux, "Don't send money. Hunt, Aug. 31st, 1885"—I returned from Wales on Wednesday, Aug. 29th—the application for money was by telegram, and I think I was in Wales when I received it—I was there three or four days—I made no reply, but I got this telegram, "Don't send money"—he had been written to to send an account of his expenses—the gentleman he borrowed money from lives close to the Grand Hotel, Biarritz—I do not think Hunt left on the day he says he did—he put down "Aug. 21, left for France"—I do not know the date of the commission, as it was changed from time to time; the original day was not before he left—the discussion I had with Hunt about costs was not some days before that, it was on the afternoon of that day, by which I understood that he was going to leave by the night train for Paris—I received 280l. for this very commission; that contemplated costs allowed, subject to taxation by the Chief Clerk—I didn't consider that that was for expenses only, as I paid, I think, 150l. for Counsel's fees—I have paid 130l., leaving a little margin for taxing costs—that was not part of a larger sum which I had received in the matter of Wynans—I did not receive 400l., but 280l.—it was not from the husband—all I have received from the wife is about 70l.; more than which I have paid cash out of pocket—these are my books—I kept the diary after Hunt left, and looked at it from day to day—I saw a number of very confidential matters in which he was engaged on behalf of Mrs. Wynans—all these divorce suits are important to the client, there is nothing particular in them from a solicitor's point of view—Mr. Wynans is not a very wealthy man; he has not 4,000l. or 5,000l. a year—according to his own evidence, when Mr. George Lewis represented him in the Divorce Court, he had 1,600l. a year; for the alimony I should have said—Mr. Hunt did not repeatedly during the commission send to me for money while he was absent, nor did Mrs. Wynans—I am not aware that I found any fault with him when he came home for going to Brussels, I have only heard it from Mrs. Wynans quite recently—this account of the approbation is in Mrs. Wynans's writing—when she left me there was the ordinary application upon a change of solicitors that the papers should be handed up, but it was dismissed with costs—there was an application to hand over the accounts; they were not taken into the Registrar's office; you are acquainted with the practice; the Registrar has the power to tax costs between husband and wife, an order was necessary—I cannot say whether Mr. Hunt received one of these instalments of Mrs. Elvyn's—I do not know that Captain Elvyn paid an instalment to Mr. Hunt; he has received large sums to pay to the cashier, and has paid them correctly—it is not important that the instalments should be paid in direct—there are three instalments in
arrear; they should be paid when the other party, the vendor's solicitor, begins to ask about it—I did not consider it necessary to pay it in till July, when I had a prospect of setting it off against the vendor—there were not several matters which Hunt had to do for me that I might do my duty to my client—I had to make my financial arrangements, which were of a complex nature; Hunt did not make them—he did not make arrangements on Cooper's or Pinn's mortgage, or with reference to Eastman's and Wynn's, or Boxhall's; I arranged them myself—Mr. Hunt was employed now and then to make those arrangements—I made the arrangements with my bankers—I did not pay this money into the bank till July, because I had a cross claim against the vendor, which only wanted the Chief Clerk's sanction; it was not at all connected with the state of my account, I have a large independent income—I know that my clerk said that I had not sufficient to meet the cheque from 21st February to 23rd July; my reason is that my brother, with whom I had been in partnership, acted for the bank, and I thought they rather leant to him; I had separated from him—it was an accident that I left the account in such a state as not to honour a cheque—two trifling cheques were returned—there were partnership matters between me and my brother which the partnership might have to pay; those matters were not all arranged in July, but I had arranged with my brother, we had made up our differences—I saw Mr. A. myself three times about an arrangement to get a earn allowed for abstract of title, 50 guineas, but I think Hunt called on him too—I called immediately previous to paying the money—I have had to pay it a second time, I understand—before I went to Wales I had no suspicion that the cheque had not been paid in, but I inquired of Hunt when I returned—I did not make inquiry at the Accountant-General's office, I had no suspicion—I have said, "While I was in Wales it occurred to me whether the cheque had been paid in; it was suggested to me by a letter from the solicitor to the vendor; I made no reply to the letter while I was in Wales;" that is right—I did not discover that it had not been paid in till some time after Hunt's discharge from my service, and then I did not believe it—I did not inquire at the Accountant-General's office, I was quite satisfied with Hunt's statement—no one was present at the alleged conversation between me and Hunt—I do not know whether a receipt was given from the Accountant-General's office; I never took the trouble to inquire; I had no reason to doubt Hunt's integrity—this money was paid by Mrs. Elvyn—I do not know the purpose of it; I did not see her; my clerk saw her—I have no doubt of the purport of it—Hunt was arrested after Mrs. Wynans left my office—I cannot say whether it was after the application was dismissed—it was more than three weeks after he went to his present employers; he left me on September 10th—I was satisfied and pleased with Hunt's conduct on the commission, assuming that he gave proper accounts—he had been abroad on that matter before—I have applied several times for the 100l., the counter claim against Mrs. Elvyn, but it is still unpaid—Mrs. Elvyn pays me interest upon it; that was to prevent her having an execution put in, not for my costs, but for the other side—those costs were not incurred in consequence of my not appearing for Mrs. Elvyn; it was on account of the unsuccessful defence—one of the reasons was not that I did not turn up—Hunt asked for more money to go abroad, and I said I
would telegraph to him—he had dealt honestly with the money in his hands until these matters, but he had no business to borrow 26l.—he alleges rightly or wrongly that I owe him a sum for commission, and I deny it—I have not the slightest doubt about it—I have said "I do not think the defendant has robbed me in any way except as I allege—the defendant had to negotiate liabilities of mine; he might have run away with the money; he did the duty of a managing clerk.
Re-examined. As my managing clerk it was the prisoner's duty to go and see a number of people on the business of my firm—he never claimed sixpence commission till after I had prosecuted him—only one letter passed between us; that was dismissing him; this is it (Dated 10.9.84), and this (produced) is his answer—he makes no claim against me there for commission or anything else—I received 280l. for the estimated expenses of the commission—Counsel's fees and my own expenses amounted 178l. 5s. of that—I think I have paid 150l.—I find I paid 20l., and Mr. Crisp's clerk will correct me—the travelling he puts down at 15l., and the hotel and incidental expenses at 18l.; that is 30s. a day for 12 days—I still bank with Fuller, Banbury, and Co., and no doubt they would have honoured the cheque although I had overdrawn if I had asked them.
ALXANDER LEVING . In March last I was a clerk to the prosecutor—on 22nd March, when the prisoner was absent, this cheque for 57l. was drawn—the prisoner came to me in the office on I believe the 24th July, and brought me the cheque, which was drawn "Pay Leving or order," and said "Please endorse this cheque, as I am going West, and you need not come up to-day, and I will pay it in"—on the day before that I was upstairs in his room, and he said that Elvyn's money must be paid—that is the money that the cheque refers to—the cheque had been drawn some time—there is a branch of the Bank of England at the Law Courts.
Cross-examined. I was in the office when Mr. Sheffield was in Wales; I was attending to the correspondence—Hunt wrote a letter to Mr. Sheffield, which I forwarded to him unopened, and he wrote to me at the same time about the money, and I replied to him to the Hotel de France, Biarritz—when Mr. Sheffield went away he left no instructions with regard to remittances from Hunt—there was an application for a remittance in that letter—I sent it unopened to Wales, but I know it now—I was junior outdoor clerk—I speak entirely from memory as to the conversation—Mr. Richards was in his room at the time, I saw him there.
HENRY STOCKEN . I am chief clerk at Fuller and Company's Bank, Lombard Street—this cheque was presented over the counter on 25th July I cannot say who by—I cashed it—I gave a 50l. note, a 5l. note, and the balance in cash; the person to whom I gave it, handed me back the 50l. note for the purpose of changing it into a smaller denomination, and I exchanged it for two 20l. and one 10l. notes—these, are the four notes, and this is the 50l. note.
MR. BLOXAM. I am a second-class clerk in the office of the Assistant Paymaster General to the Court of Chancery—I have notes Nos. 21001, to 22000—I remember Hudson v. Baldock in 1883, with a further heading—there is no entry of the payment of a sum of money to that account on 25th July, 1885—there in no entry of any payment between 25th July and 19th October, but on 20th October 57l. 15s. 7d. was paid in—I keep a book called the Chancery Register of Receipts—I enter receipts of
money under particular heads when I get notes from the Bank of England—the money it first paid to the Bank of England, and then they send it on to our office—there is no entry of this 57l. 10s. 6d. on 25th July paid to the suit of Hudson v Baldock.
Cross-examined. Directions were issued to the solicitor to make the payment into Court, and he or his clerk would take it to the Bank of England, and the money would be paid into Court, and the Bank would give a receipt to the solicitor, but not the first receipt, that is forwarded the following morning to the paymaster; the payment in fact is made in cash to the Bank of England—I acknowledge that payment, and a receipt is given to the person who pays it in, but that is not an official receipt.
E. BABTER. I live at 324, Strand—I know the prisoner—I changed this note for him; I cannot give the date, but as near as I remember it was before the August Bank-holiday, the 4th—I think I took it to the Clare Market Post Office and got silver for it and gave the money to Hunt—I also cashed this 10l. note for him at the same time—it was merely for accommodation.
Cross-examined. I am a licensed victualler, and lire opposite Somerset House.
FRANK LAWLEY (City Detective Sergeant). On 26th October, 1885, I went to Liverpool Street—I was shown up to the first floor, and arrested the prisoner on a warrant which I held—I read it to him—he said, "I have a perfect answer to the charge, it is only done in spite."
Witnesses for the Defence.
MATILDA WYNANS . I am the wife of Mr. St. John Wynans—I am the petitioner in a divorce suit against him—in August last I was a client of Mr. Sheffield, and Mr. Hunt, his managing clerk, was managing my case—Mr. Sheffield had nothing to do with it personally, he always referred me to Hunt, and as far as I know he has conducted my case quite to my satisfaction—the original date when the commission was first to start was the beginning of July, I think—it was postponed to suit my Counsel; it started on 21st August—I remember having a conversation with Mr. Sheffield about the money for going on the commission—he refused to pay more than a certain sum then, but he said he would send a 50l. cheque as soon as we were out of England—there were several unpleasant discussions between Hunt and Mr. Sheffield about it—this is a fair account—I am liable for it to Mr. Sheffield if he has not received it—if there is anything more my husband or myself are liable for it—Mr. Crisp spent 30s. a day, and there was 2l. for my hotel expenses and 2l. for Mr. Hunt—I do not think we ever expended less—I have been accustomed to travelling in a coupe all my life—we had the best hotels and the best dinners—Mr. Wynans has been living at the rate of about 4,000l. a year—his brother is the millionaire—I have been accustomed to live in the best style—Mr. Crisp stayed at the same hotel—Mr. Hunt disbursed all that money for himself and me, so far as I know—it was a condition six months previous that Hunt should conduct my case as the condition of my going on with Mr. Sheffield—it was a very important suit for me, and Mr. Hunt knew all about it, and I had every confidence in him and still have—I considered my interests would suffer if he did not attend to the case after all he knew about it.
captain in the Royal Artillery—Mrs. Elvyn instructed Mr. Sheffield to act as her solicitor in 1883—on 8th December, 1884, I paid Mr. Hunt 50l.—that was paid into the Accountant-General's office—this is the receipt—here is another receipt for 56l. 10s. 6d., which was duly paid into Court—it is instalments to be paid into Court—it was not paid, on account of a counter claim—there was a specific amount to be paid into Court, and it had to be paid at once into the Bank of England—it was a loan in consequence of costs against Mr. Sheffield.
Cross-examined by MR. GRAIN. 100l. is still due to Mr. Sheffield.
GUILTY. Recommended to mercy by the Jury on account of his character .— Six Months' Hard Labour.
225. WILLIAM EDWARDS (47) , Unlawfully obtaining a quantity of sheet rubber engine packing from William Jackson Kendal, with intent to defraud. Other Counts for obtaining other goods, and for conspiring with John Russell, not in custody, to obtain the same.
MR. FULTON Prosecuted; MESSRS. BESLEY and FOOKES Defended.
During the progress of the case MR. BESLEY stated that the prisoner would, under his advice, withdraw his plea, and having stated in the hearing of the Jury that he was guilty, they found a verdict of GUILTY .— Nine Months' Hard Labour.
226. EDWARD REGINALD GRAHAM (42) , Unlawfully obtaining 50l. from Maurice Perrin by false pretences. Other Counts for obtaining 50l. from Henry Male, 100l. from Edward Charles Hiscock, and 100l. from Edmund George Barnard, with, intent to defraud.
MR. FULTON Prosecuted; MR. GRAIN Defended.
HENRY MALE . I am a clerk, and live at Vernon Street, King's Cross Road—in June last I was living at Hatton, near Warwick—on 27th June I saw an advertisement in the Daily Telegraph, to which I replied, and went to Twickenham about June 30th and saw the prisoner—I drew attention to the advertisement—this is it: "Clerk wanted for correspondence, &c., at Richmond, residence with principal if desired; cash deposit of 50l. required, security given, short hours. Address for appointment P.M., 25, Palatinate, S.E."—the place was called Arden Vale—a lady was with the prisoner—I went across with him to Burgate House, opposite; he said he wanted some one to look after his correspondence and help him pack up birds to send to exhibitions, that my salary would be 1l. or 1l. 1s. a week and reside with him if I like; if not, 2l. 2s., and I was to deposit 50l.—I said I would take a few days to consider—I went down again on 13th July and had lunch with him—he said he had been a consulting engineer, and he thought of going into it again—after that he wrote to me and asked me to join him as a consulting engineer—I believe that letter was destroyed—I then wrote to him, and he replied inviting me to lunch, and I decided to take the place—I sent him 50l. in Bank of England notes, and received a telegram from him acknowledging them, and afterwards this receipt for 50l.—I never entered on my duties—I received this letter from him. (Dated Aug. 31, apologising for his silence, it being caused by a delay in getting offices, and enclosing an acceptance to cover his 6l. wages). Enclosed in that was an acceptance for 56l. one month after date, value received, payable at the London and County Bank—I never presented that at the bank, the information I
received made it useless—I never got a farthing back—if I had known there was only 10d. at his bank I should not have paid the 50l.
EDWIN CHARLES HISCOCK . I live at 110, Hemmingford Road, Barnsbury—in June last I saw this advertisement in the Daily Telegraph, and went to Twickenham and saw the prisoner at Burgate House—he told me he required a clerk in the bird business at two guineas a week without residence, or a guinea a week with residence, and he required 50l. as security—I went down again three or four days afterwards, and he said he had had several applications, and was in treaty with a man, but he thought he had another business which would suit me better, his own business of a consulting engineer, of which business I agreed to become manager, and we entered into this agreement. (Dated Aug. 21, 1885, by which the witness was engaged as general manager, at 1l. 1 s. per week, agreeing to place 50l. in Graham's hands at security.) I paid him two sums of 25l., and he gave me these receipts (produced)—about Sept. 7th I commenced business at the prisoner's offices in Great College Street, Westminster, and remained there till December 4th, when he was arrested, but he had changed the address—the business was carried on in the name at the Abbey Manufacturing Company, he being the principal, and I understood his name was Graham Cromar—there was not much business done—on November 16th I lent him another 50l., and we signed this agreement (produced)—I got 26l. back out of 100l.
EDMUND GEORGE BARNARD . I am a journalist, of 8, Treherne Road, Mortlake—early in September last I saw an advertisement in the Evening Standard, and called at 1, Great College Street, Westminster, and saw the prisoner—he signed himself "Reginald Cromar, C.E."—I have destroyed that letter—I addressed him as Mr. Cromar—he said he had a great deal of correspondence, and wanted me to conduct it, and I was to advance 100l. as a premium or security—my wages were to be 2l. weekly, and he said he could get any number of clerks, but if he paid a man he ought to get something for doing it—he said that Mr. Hiscock, who was with him, was about to leave—on 2lst September I entered into this agreement with him. (Engaging the witness as secretary at 2l. weekly and 10 per cent, additional; the witness to advance 100l., which was to be returned, and for which a bill was given at three month after date). I paid altogether 100l.—I never entered upon my duties; I went to the office, there was practically nothing to do, but my salary advanced to 3l. a week, because I advanced more money—I advanced 150l. altogether—if I had known that there was no business I would not have advanced my money.
MORRIS PERRIN . In August last I lived at 44, Angel Road, Primrose Hill—I now live at the Charing Gross Hotel—in June last I saw an advertisement in the Daily Telegraph, and in consequence wrote this letter to P.M., 25, Palatinate, London, and received this reply—in consequence of that on 1st July I went to Twickenham, saw Ardea Vale, which is a little garden, with a brass plate outside on the gate, and a few pigeons, &c.—I crossed over to Burgate House, and saw the prisoner—he said he wanted a clerk to do some correspondence in the bird trade; he wanted a Frenchman—I am a Frenchman—I agreed to go, and on 3rd July I entered into this agreement with him, and paid 50l. deposit, believing that a real business was being carried on in birds—I went down there to reside on 7th July under this agreement, and on 23rd August I went to
London, and when I came back I found the prisoner was gone, and I never saw him again—I afterwards received this letter from him. (Stating that he should be back in a day or two, and asking the witness to feed the birds, and enclosing a bill for 54l., payable at the London and County Bank, Charing Cross Branch). On 27th August the landlady came and turned me out, the rent being overdue—I gave information to the police—I never presented the bill.
Cross-examined by MR. GRAIN. It was a small garden at Twickenham, about double the size of this Court—there were some fowls and 30 pigeons there—he had also three fine-looking dogs, which I thought were prize ones—I once went to Jamrach's in the East End, for Graham—he is a dealer in wild beasts and other animals—I went there to get some parrots—Graham had some white sparrows; I don't know how many—I did some correspondence, but not for the bird trade; it was about chambers in London—all this bundle of papers is in my writing—I don't call that correspondence; it is copying—I did not do much writing for the bird trade while I was there—I understand the bird trade—one or two persons asked for price lists of birds, and we sent them—I lived there, and had my board not quite two months; I had the same board and beer as the prisoner, and I was satisfied—I had also a comfortable bedroom—the furniture of the house was left when I left, and some birds, but the more valuable had been taken away—he did not take the fowls and pigeons—the agreement says "In the event of the failure to repay the 50l. you are at liberty to take possession of such stock belonging to the said Graham," but I did not take the fowls and pigeons, because I was told they belonged to the landlord—I unpacked somewhere about 50 or 60 birds that came from Jamrach's, some of which were sold, and some sent away to shows and took prizes—when they came back two pieces of paper came with them saying that such and such a bird had got a first prize—I only know of birds being sent once to an exhibition—I saw a ticket like this: "First for a silver turbit"—that is a pigeon—the prisoner told me he had paid plenty of money for these pigeons and dogs—I don't recollect seeing so many cards as this about the premises; only one or two—I only sent birds away to shows once—I wrote out this price list from the prisoner's directions of all the birds on the premises.
Re-examined. He did not tell me that on 15th June he had dissolved partnership with his late partner and given up the birds—when I came back from London, everything was gone except the pigeons and fowls and some canaries, which the landlady claimed for the rent due to her by the prisoner—I copied a lot of documents informing people about exhibiting birds, &c.—while I was there one or two persons came to the house, for birds, but none were sold—birds were sent to exhibitions, but came back again; there were about 10 sent while I was there—I went to Jamrach's to get some birds; I had a letter and a cage with me, which I left there, and when I came back the prisoner was gone.
ALFRED BOUCH . I live at Thorpe Road, Staines—I was formerly in partnership with the prisoner in the bird business; I separated my connection with him on 15th June last—I know his writing; to the best of my belief this agreement is signed by him—this letter is his writing. (Dated 15th June, 1882, enclosing a bill for 100l., and undertaking to pay the proceeds of the sale into their joint banking account; signed "Reginald Graham") This acceptance for 100l. I paid into the bank, but never
got my money or the birds as security—I cannot tell whether it was the Covent Garden branch of the London and County Bank, it was something like that—I was with him six weeks—a very great deal of business was done daring that time in selling and buying birds, but it was not show time—at the end of the month I paid 200l. into the bank—I left him because I did not approve of his goings on—I got 150l. in cash back out of my 200l., and a bill for 100l. which has never been paid—I went several times after June, to Burg-ate House to see how the birds were getting on, but did not see them, because of the Sheriff.
Cross-examined. I have not complained about the prisoner—show time is only on about Christmas—I have bought birds of Jamrach and paid for them, and sold them at a profit—I have had 200 at a time, some of them of large value—silver turbits are supposed to be worth 12l. or 15l. a pair—we bred the pigeons—white sparrows are worth 4 guineas a pair.
NAVARINO JOHNSON EVANS . In March last I let Burgate House, Twickenham, to the prisoner, and a plot of ground opposite, at 100l. a year, payable monthly—the last rent I received was on 20th July, due on the 18th—I was away in August, and was sent for, and the prisoner had then gone without any notice—when I came back the name Ardea Vale was put up at the little piece of garden, and also a letter box.
Cross-examined. I received two references from the prisoner; Mr. Bradshaw was one, and my agent communicated with him and considered the result favourable, upon which I let the prisoner the house.
WILLIAM CHARLES FULLICKS . I am first cashier at the London and County Bank, Covent Garden branch—the prisoner opened an account there in February, 1884, in the name of Frederick Granam, dramatist—in May last we had only 10d. to his credit—nothing was paid in afterwards—we should not have discharged any bills which were presented—a bill for 166l. was presented in July, and another for 100l.
PHILLIS HOLT . I am housekeeper at 16, Buckingham Street, Strand—the prisoner came to me about a year ago about taking an office there, and I refused him—I knew him 20 years ago as the secretary of a company—I do not know that he is a civil engineer.
Cross-examined. The premises are let out as private chambers, and the landlord will not allow them to be let for business purposes—he wanted it for a theatrical agency.
HARRY MORGAN (Police Sergeant T). I took the prisoner on a warrant on December 4th at 6, Pollock Road, Walworth—I read two warrants to him, charging him with fraud in Perm's and in Males's case—he said to a young woman who was there "It is all up; the idea of Perrin doing this; he lived with me three months; there was a stamped agreement between us, and the security he had was certain live stock"—on the way to the station he said" Had I known there was a warrant for my arrest I would have given myself up"—the warrants had been out since September 3rd, but they were not in my hands all that time—I searched at 6, Pollock Road, and found 12 pawn-tickets, besides which there were 10 on his person, and a pawnbroker's contract note.
Cross-examined. He said several times that all the pawn-tickets I found, represented things he had bought at sales, and I am inclined to think that statement to be true, judging by the number of them.
Witnesses for the Defence.
I let him a furnished house at Maldon at 100 guineas a year; that was the first I knew of him; it ended three or four yean ago—he paid his rent almost to the day, and owed nothing when he left—I understood him to be a patent agent, he dealt more particularly in miners' lamps—I have seen papers similar to these in his office, 172, Strand. (Specifications in the name of Reginald Graham, engineer). I went there several times—he had models of patents there—he always had birds and fowls even when he was at Maldon, and he sold their eggs—I called on him once or twice at Burgate House, Twickenham, and saw a number of English and foreign birds there.
MR. COOPER. I am manager to an auctioneer at 61, New Kent Road—the prisoner purchased office furniture there in July, August, and December, 1885—he has been a constant customer for some time.
GUILTY .— Six Months Hard Labour.
MESSRS. POLAND and TICKELL Prosecuted; MR. FINNIGAN Defended.
The prisoners having stated in the hearing of the Jury that they were guilty, the Jury found a verdict of GUILTY. Strongly recommended to mercy by the Jury, believing the girls to have been as bad as the prisoners .— Three Months' Hard Labour each .
MR. TICKELL Prosecuted.
MAX HEPNER . I am a fancy stationer, trading as King Brothers, 55, Aldersgate Street—on 17th November I had a case of 2,000 sheets of chromos delivered to me, which was placed in the passage—on 18th November I missed it, and communicated with the police—it weighed 3 or 4 owt., and value about 20l.—they would be twopence or threepence a sheet—this (produced) is one of them—Edwards pleaded guilty at the police-court to receiving them.
WILLIAM JULIUS SCHMALTZ . I am an importer of paper, of 24; Milk Street—on 17th November Edwards was introduced to me by Mr. Shipp, who told me that Edwards had offered to sell him these goods, and asked me if I would buy them—I said I should want a sample before I bought them—on the 18th Edwards showed me this sample of chromos, and said he had about 1,000 of them at 2 1/4 d. a sheet—I said I would let Mr. Shipp know—on the 21st Edwards came with Bye to my place and delivered 1,500 of these chromos—I bought them and paid Edwards 11l. 7s. 6d. for them—Bye signed the receipt—I saw that he had signed it in the name of Edwards, and asked him about it, and he said he was Edwards's brother—Edwards said he had brought him to write because he was not a good scholar.
Cross-examined by Bye. To the best of my belief you said you were brothers—I said you aid not look much like brothers, and you said you were—as it was not a printed receipt I said I must have your address—you wrote it on the back.
ROBERT SAGAR (City Detective). On 19th November I received a communication from the prosecutor, and afterwards, in consequence of information, I went with him to 24, Milk Street, where I saw the last witness and about 1,500 sheets of chromos, which the prosecutor identified—Schmaltz handed me this receipt, and in consequence of what he said I went on Saturday, 9th January, with Detective Wise to a waste-paper shed in the City Road, where I saw the two prisoners—I said "Mr. Edwards"—Edwards replied "Yes, that is my name"—I said "We want to speak to you"—he said "Step outside"—we went outside the shed, and I said to him "On 18th November 2,000 sheets of chromos were stolen from the ground floor passage of a warehouse in Aldersgate Street, and on the 19th, the next day, you were offering samples of those identical goods for sale, and on the 21st you delivered these goods to 24, Milk Street"—he said "Yes that is quite right; but there was no other man with me"—I said "Have you any books, or receipts, or witnesses to show how these goods came into your possession?"—he said "Wait a minute," and stepped back into the shed, looked directly at Bye, and paused, after which he said "What I have done I must put up with"—I said "Is that all the explanation you can give?"—he said "Yes"—I said "You must consider yourself in custody for being concerned with others in stealing and receiving this case, well knowing it to be stolen"—I then turned to Bye, and said "I shall detain you, as you answer the description of the man who was with Edwards when these goods were delivered"—he said "Yes, that is quite right; I went with Edwards and a barrow from this shed to 24, Milk Street"—I said "Have you any interest in this waste-paper business?"—he said "I share the profits on a certain class of goods with Edwards"—I then took them in custody for receiving these goods, and showed Bye this receipt, and said "This receipt has been given to me by Mr. Schmaltz; you wrote on it and represented yourself as Edwards's brother"—he said "I wrote the receipt."
FREDERICK SHIPP . I am a fancy-box manufacturer, of 31, Market Street, Hoxton—I know Edwards, and have bought clothes of him—he can write a little; I have receipts signed by him—I have seen Bye with him several times—I did not have any chromos of Edwards—I was standing outside the door one day, and he came up to me and said "Can you do with this kind of thing?"—I said "No; I have no use for pictures."
Edwards's Defence. I bought them of a man for 8l., but did not know they were stolen.
Bye's Defence. Edwards asked me if I wanted to earn a shilling, and I wheeled the barrow to Milk Street; he asked me to sign the receipt, and I signed "Edwards," but did not say that that was my name.
GUILTY .— Nine Months' Hard Labour each.
229. HENRY SMITH (24) and EDWARD BOYES (22) , Burglariously attempting to break and enter the dwelling-house of George Simpson, with intent to steal. Second Count, being found by night with housebreaking implements in their possession.
MR. FERMINGER Prosecuted.
FREDERICK SIMPSON . I live with my brother, George Simpson, a tailor, of 245, Pentonville Hill—on 21st December, about 2 a.m., I was disturbed by a noise like a door breaking open; we were sleeping in the shop—my brother ran through the next shop, and went out at the front door—he then called me; I went in my shirt to the front door and saw the two prisoners—I went after them down North Street, calling out "Police"—I saw them taken—I had not lost sight of them—I found marks of a jemmy on the shop door, and the bar at the top had been forced clean off.
FREDERICK BOWLES (Policeman G 420). On the 21st December, about 2.10, I was on duty in Pentonville Road and heard cries of "Stop thief"—I went in the direction of the cries, and saw the last witness in the middle of the road in his trousers and shirt, who said "There go the men who tried to break into our shop"—I ran after them up North Street—Smith said "We know nothing about it, we have just come from Euston Road for a walk"—Boyes made a statement to Wallers about coming for a walk from Kingsland Road.
Cross-examined by Boyes. The prosecutor had a revolver in his hand and called on the prisoners to stop.
GEORGE SIMPSON . I am a tailor, of Pentonville Road—I fastened my shop doors securely on the night of 20th December—my brother's account is correct; the back premises were under repair, and we were sleeping in the shop—I ran into the shop after I heard the breaking, and saw the prisoners four or five yards from the shop, and called my brother and he followed them—I did not see any one else in sight.
Cross-examined by Boyes. I saw you at the end of the house, five yards away—I crossed the road and watched you to the corner of North Street—I didn't see anything else because I went back and dressed myself.
TERENCE WATTERS (Policeman G 332). On the Morning of 21st December I was in Pentonville Road, and saw the two prisoners walking across the road towards the prosecutor's shop—I heard cries of "Stop thief," and saw them walk round the corner into North Street—I ran after them and caught hold of Boyes, and Bowles stopped Smith—the prosecutor said "These two men tried to break into our shop"—Smith said "We only came from Euston Road for a walk"—we then took them back to the shop, where George Simpson said "Those are the two men who I saw walk away from outside my shop"—Boyes said "We came from Kingsland Road for a walk"—I said "What part of Kingsland Road?"—Smith said "From Wood Street, Kingsland Road"—we took them in custody.
Cross-examined by Boyes. I found nothing on you.
CHARLES HUNT (Chief Inspector G). I was with Bowles in the Pentonville Road at a little past 2 a.m. on 21st December, and heard cries of "Stop thief" and saw a man run down the road in his shirt—I told Bowles to go down North Street, and I went down Winchester Street—when I got back I found the prisoners had been taken to the shop—from what Crittendon said I went back and found this crowbar suspended in a grating about 100 yards from the prosecutor's shop—it fitted exactly with the dents on the prosecutor's door—this bar had also been wrenched off the door.
round into North Street, and as they stepped off the kerb into the street I heard a kind of a rattling noise—there was a grating between the kerb and the pavement—I saw the police take them to the station.
The Prisoners' Statements before the Magistrate. Smith says: "I came from Kingsland Road, down Pentonville Road, and was 50 yards past the prosecutor's shop when I heard the cry of 'Stop thief.' I turned round and saw the prosecutor's brother running naked with a pistol in his hand. We didn't break his shop door." Boyes says: "I came from Kingsland Road and met this other prisoner and gave him some beer, and I walked with him. We came down Pentonville Hill and turned round North Street to go into Caledonian Road, where I live, and I heard a cry of 'Stop thief,' and saw prosecutor in his drawers and a revolver in his hand, and he said to this other prisoner 'If you don't stop I'll shoot you,' and we asked what for, and he said 'I have been watching you this last half-hour, and you have broke in my shop,' and the two constables took us." They repeated the same statements in their defence.
GUILTY . SMITH then PLEADED GUILTY to a conviction at Clerkenwell in July, 1880.— Nine Months' Hard Labour. BOYES was further charged with a previous conviction, to which he PLEADED NOT GUILTY.
HENRY SMITH (Prison Warder). Boyes has been in my custody—I identify him as a man who was convicted as George Wright, and I produce his photograph and the certificate of his conviction—since he came out he has been away at sea.
BOYES—GUILTY of the previous conviction.— Nine Months' Hard Labour.
Before Mr. Common Serjeant.
MESSRS. LLOYD and WILKINSON Prosecuted; MR. BLACK Defended.
AGNES APPLETHWAITE . I am barmaid at the Lord Derby public-house, Clifton Hill, New Cross—on 1st January, about 10.30 p.m., the prisoner came in for a twopenny cigar—he gave me this two-shilling piece, I believe—I gave him a shilling, a sixpence, and 4d. coppers change, and placed the florin on the till, where Mr. Pettitt, the landlord, afterwards saw it.
Cross-examined. We do a considerable business—I put this coin in the patent till, thinking it was good—another man was with the prisoner; they were drinking together; the prisoner had lemon and the other man gin—the prisoner looked as if he had been drinking—we have two tills and the patent one; it does not matter into which I put money—the housekeeper served the other man—the prisoner put this down—there were no other florins on that till besides the one I placed there.
SUSAN MAY . I am housekeeper to Mr. Pettitt—on 1st January, about half-past 10, I served the prisoner and another man who was with him with a small lemon and twopennyworth of gin—one of them, I would not be sure which, gave me a two-shilling piece, which I placed on the till, and gave change, a shilling, a sixpence, and 2d.—I did not notice if they talked together—I believe the other man took up the change, I am not
sure—directly after I left the bar—Mr. Pettitt took the coin off the till afterwards.
Cross-examined. I did not see the prisoner when he came in—I did not see him served with the cigar—my governor called my attention to the coin a minute or two afterwards—I did not notice myself that it was bad, it was a very good imitation—I did not hear the prisoner and the other man talking about a sale, nor did I notice one give the other a coat—I saw them there five or ten minutes, but I left the bar directly I had served them.
By the JURY. There was no other coin where I placed mine—I put it on the till and took the change off—this coin (produced) is something similar.
ALFRED PETTITT . I am manager of the Lord Derby—on 1st January, about half-past 10, I found this bad florin on the till; it was the only florin there—I spoke to Miss May about it, and then said to the prisoner, "You have passed a bad two-shilling piece here, I want two good shillings for it"—he made no answer—I showed it him—he gave me a shilling and two sixpences good money—I broke the florin and gave him a piece and kept the other piece, and afterwards gave it to the police-constable—the prisoner went outside—I afterwards looked at the other till, and found another bad florin, the only florin there—I had cleared the till myself five or ten minutes before—I then spoke to Miss Applethwite, and went outside, where I saw the prisoner talking to a constable—I said, "You have passed another two-shilling piece here"—I don't think he said anything in answer—the constable took him into the house, and I gave the constable the other coin.
Cross-examined. He wanted to make out that he had been drinking, but I don't think he had—he asked me for a piece of the broken coin when I said it was bad—I do not think he examined it, he put it in his pocket—he said something about buying at a sale, it was not very distinct—I discovered the second coin about two minutes after his leaving the house—I should not have let him go if I had thought he was acting dishonestly after the first—I heard no part of the prisoner's conversation with the policeman—they were in the act of coming into my house—the prisoner was partly searched there, I think he would not let the policeman search his coat pocket.
By the COURT. The prisoner was in the house about five minutes altogether—I saw him served by the housekeeper, and then he had a cigar—I thought he looked as if he had been drinking, I could not say for certain—I do not know who put down the coin or picked up the change when the housekeeper served him.
ALBERT BROWN (Policeman R 268). On this night I was outside the Lord Derby in uniform, when the prisoner came out and came up to me and said to me, "There is a bad lot about here, governor"—he showed me this piece of a florin and said, "I have a bad two-shilling piece here; I have only been in two public-houses before I came in this"—he was not staggering about, but appeared to have been drinking, but was not in such a state that I should have taken him up—he said, "I must have got it from one of them"—I asked him what public-houses he had been in—he said, "I don't know the signs of those houses"—I said, "Was it round to the right or left?"—he said, "It was one on the top of the hill there," pointing in the direction of New Cross Inn—I had seen him
come out of the Lord Derby, and said, "We will see about this"—he made no answer—we turned to go into the Lord Derby, and Mr. Pettitt came out and said, "That man has passed a bad florin in my house"—I searched the prisoner, and found on him five shillings, 14 sixpences, a fourpenny piece and a threepenny piece, all good, and 7d. in coppers, in his trousers and waistcoat pockets—at the police-station on further searching him I found 2s. 5d. in bronze, and I also found in four separate paper parcels in his silk handkerchief in his right-hand great-coat pocket 38 bad shillings (10 in three of the parcels and eight in the fourth), each shilling wrapped separately in newspaper—he asked me to have a drink; I said "No".
Cross-examined. He came up to me voluntarily and made a complaint as I was standing alone—I did not know what his object was in coming to me—he went to the station quietly; I and another constable had hold of him—he did not attempt to throw anything away—at the station he was very violent before the coins were found—he said nothing when they were found; he did not appear dumbfounded; he did not seem to expect I was going to find them—he said he did not want to be publicly examined in the public-house, but that he would be at the station.
GEORGE PRIOR . I keep the New Cross Inn at New Cross—on this day the prisoner came in about 9.30, and asked Elizabeth Weekes, my servant, for twopennyworth of peppermint hot—he handed her a florin, which she brought to me, saying it was bad—I looked at it, and found it was bad; I broke it and took it back to the prisoner, and said "This a bad 2s. piece you have given me"—he said "You seem very unconcerned about it"—he put his hands on the counter, and said "Look at my rings; do you think I should do anything wrong?"—he took another ring out of his pocket, and then put it back again—he told me he had been up to a sale-room that day in the Westminster Bridge Road, where Mr. Brett, I think he said, was the auctioneer, and "I must have taken it there"—he also took a sale catalogue out of his pocket—afterwards he paid me a good shilling—I said I did not want to see his catalogue or rings, I wanted a good coin—I broke the florin in the tester and gave him a large piece back—he said "I want the piece to keep; I want to get the money for the bad one."
Cross-examined. He kept the catalogue—he seemed a little excited after I showed him the bad coin, but he did not seem drunk; he could walk as straight as any one—I thought it was an accident; if I had thought he wanted to cheat me I should not have let him go—he was alone with the exception of a large dog.
WILLIAM JOHN WEBSTER . These two florins are bad, and this fragment of a third one—they are from different moulds—these 38 shillings are bad and from different moulds; they are usually sold by the maker in loads of 20 or half-loads—when coins are ready for circulation they are rubbed with lampblack and wrapped separately in paper, and then before they are uttered the lampblack is rubbed off.
After MR. BLACK had addressed the Jury, the prisoner stated that his Counsel had not followed his instructions, and he then stated that he bought an overcoat of a man named Robinson at the sale in the Westminster Bridge Road, and in
that overcoat pocket was his (the prisoner's) silk handkerchief; that when Robinson returned the handkerchief he must have given him the coins wrapped in it.
GUILTY.— Judgment respited.
MR. GREENFIELD Prosecuted; MR. GEOGHEGAN defended Thomas.
GEORGE ROLLS . I am a butcher, of 48, Gibbon Road, Nunhead—my mare had been in a field at Brockley for some time—about Monday, the 2nd or 3rd, I saw it there safe—on the Saturday I could not find her—I gave information at Peckham Police-station on Sunday, the 6th—I had a message, went to Woolwich Police-station, and there identified the mare—the value was 4l. or 5l., although she was worth more than that to me—Thomas lives about 50 yards from where I do, but I did not know him before I saw him at the station—the field is not quite half a mile from my house—it is unenclosed, anybody can turn a cow or anything into it.
Cross-examined by MR. GEOGHEGAN. There was no fence round the field—I pay the owner nothing; it is waste ground belonging to Mr. Walker, the builder, and they are building there—I drove the mare sometimes—its coat was long—I had turned it out to grass for the winter, but worked it if I wished to—I cannot prove that the horse did not stray away—I do not know if it did or not—it had no halter on, nor was it hobbled—it was aged—I had had it about two years—she was worth 20l. to me—there were one or two horses in the field belonging to gypsies.
Cross-examined by Head. A turning leads out of the New Cross Road into this field—grass grows alongside the road all the way—I used to see Mr. Walker every morning when I went there—I could not say how long before that was.
JOSEPH HICKS . I am a general dealer, and live at 9, Cannon Row, Woolwich—on 4th December, about 9 p.m., I saw the two prisoners with this mare at Arsenal Square, Woolwich—a little boy was leading the mare by a halter, and the prisoners were alongside of it—Thomas said to me "Will you buy the old horse?"—I said "How much do you want for it?"—he said "30s."—I said "Well, trade ain't very good, I will give you 1l. for it"—he asked me to treat him; I did so—Head stood there, but said nothing—I paid for a pot of ale for them, and had a bottle of ginger-beer myself—I then gave them 1l.—having done so, I said "How far have you fetched this old horse?"—he said "From Maidstone; I had two, I sold one coming along the road"—when having the ale he said "Don't take it to the Elephant, have its legs clipped"—I said "For why?"—he said "Oh, put him in harness, he is a good old horse"—I took it to my stable, where I looked at its legs; I could see the horse had been turned out—I came back to the Arsenal and then went to the railway station, where I found the prisoners—I said to Thomas in Head's presence "You give me my sovereign back, because I don't think it is straightforward"—a policeman at the station asked what was the matter, what we were talking about—I said "You had better take their names and addresses"—he did so; the prisoners went down the station to get into the train—I said "You had better come to the station with me"—Thomas came along to the station, but Head took another road—I had not known either of the prisoners before.
Cross-examined. I am a bit of a judge of horses, I had bought horses
at Smithfield before—the mare would be worth 25s. for the knacker—I bought it for the knacker, and should have made 5s. or 6s. profit—it was a rough-looking old thing, with its winter coat on—Thomas came to the station with the policeman, Head disappeared—when I saw them the second time they came out of the public-house smoking cigars—they were not so drunk but that they knew how to take the sovereign—Arsenal Square is one of the most public places in the town—Powis Street is just outside Arsenal Square—my brother came up first and said to me "There is an old horse you can buy"—they did not go into a back street, but sold it openly—the policeman wrote down Thomas's name and address.
Cross-examined by Head. I did not know the little boy holding it; he was a little boy about the Woolwich streets—Thomas did not ask me if I wanted a receipt—a man in the public-house did not ask me how much I gave for it; I did not say 2l., and that he could give me as much profit on it as he liked—he did not say he would go home and get 45s. for it.
CHARLES VINEY (Sergeant T). On 7th Dec. I apprehended Thomas and told him he would be charged with stealing a horse from Brockley on Friday evening, 4th Dec.—he said "I did not steal a horse"—I said "You were at Woolwich with another man on Friday evening, and sold a horse for a sovereign and divided the money"—he said "I did not steal it; I sold it, I did not steal it, the other man stole it"—I said "I know you were charged at Woolwich for the unlawful possession of the horse"—he said "Yes, I know I was"—I said "You will now be charged with stealing it, concerned with another man; you can please yourself whether you tell me who the other man was or not"—he said "I don't know where the other man lives except at the lodging-house, but they call him Jack Andrews; I know you want to put me away, and I suppose I must put up with it"—he was taken to the station—he made no further reply to the charge.
Cross-examined by MR. GEOGHEGAN. I did not say before the Magistrate "You may as well tell me who the other man is"—I said those words here—I have been 24 years in the force—I took a note of the conversation the same night—I did not refer to it at the police-court because I knew what he said without it—I took Thomas in custody after he came out of a public-house at Nunhead, at the corner of the street in which he lived; I had been looking for him all day—I did not ask him questions; I said he conld please himself—I did not caution him—I don't know how long Thomas has lived in the neighbourhood—I reduced the conversation into writing, because I thought it might be wanted somewhere—I trusted to my memory at the police-court as I do now—I don't think I heard the clerk read out "You may as well tell me"—I signed it as correct—I took him into custody nearly a mile from the police-station—I did not go on duty again—I carry a book sometimes—this paper which has the conversation written on it, is not taken from my book—I wrote this at the station.
Re-examined. If a prisoner volunteers a statement I let him make it and do not stop him, and I have an order to take these notes.
LOUIS COLLINS (Detective P). On 8th December I took Thomas from Peckham Station to the police-court—he said "I was with another man; we saw the horse straying at the bottom of Red Hill at New Cross; the other man took it, and I sold it; I was the worse for drink at the time
or I should not have done it"—I apprehended Head on the 12th—I told him the charge was that he, in conjunction with Thomas, who was in custody, had stolen the horse in question—he said "Right you are; it is all right."
FREDERICK ALEXANDER (Detective R). On 4th December Hicks said something to me, and I went to Woolwich Police-station, outside of which I saw Thomas alone; a mare was there—I said to him "Where did you buy the mare?"—he said "I bought it of a man just outside Smithfield Market; I gave him 14s. for it; he was a greengrocer, living at 14, Hart Street, Kennington"—I said "The mare is worth more than 14s."—he said "Yes, 2l."—I said his answers were not satisfactory; I should charge him with the unlawful possession of it—the inspector before taking the charge spoke to Thomas, and he told the inspector be bought it of a man in the Old Kent Road—he was charged before the Magistrate—he gave me the name of Johnson, 16, Gibbon Road—he told the Magistrate he had previously given the wrong name; that his name was Sidney Thomas, but that he had given a correct address; subsequently he was admitted to bail, and afterwards apprehended by the P Division—I I searched Thomas, and on him found 8s. 11 1/2 d. and a railway ticket from Woolwich to New Cross—he said he had had a glass of something to drink, and the other money he had given to a man who had gone away; that they divided the sovereign between them.
Cross-examined by MR. GEOGHEGAN. He was the worse for drink when he told me about Gibbon Road and Hart Street—he was released on one bail in 10l. I believe—he gave his right name perhaps half an hour after he gave that of Johnson—he was admitted to bail after the charge of unlawful possession—the horse was identified on the Sunday, and then he was arrested.
Head in his defence stated that he was with Thomas drinking, when a man came and offered for 25s. a horse at grass over the way, and that Thomas put 9s. and he 5s., and they bought the horse for 14s.; that Thomas asked for a receipt; that the man said he would not want a receipt, his name was Jack Andrews, of Hart Street, Kennington; and he denied all knowledge that the horse had been stolen.
GUILTY . THOMAS*— Six Months' Hard Labour. HEAD**— Nine Months' Hard Labour.
MR. RAVEN Prosecuted; MR. GEOGHEGAN defended Hennessy.
JOSEPH WALKER . I am a watchmaker, and have a shop at 50, Artillery Place, Woolwich—on 8th December, at 1.30, I was called by a constable and went to my shop, which I found had been broken into and nine silver watches taken away—I had locked up the shop about 20 minutes past 9 on the evening of the 7th and fastened the shutters—I do not live there, but Mr. Phillips lives in the upper part of it; I live at 48, Wollerton Street, about 20 yards away—these are some of my watches; they were left on the right-hand side of the window, and it was on that side that two shutters were taken down—through a hole in the glass a person could reach the watches by putting his hand in.
Cross-examined by MR. GEOGHEGAN. They are second-hand watches—
there is nothing to show a stranger they came from my shop—the value of these two is about 30s.—Artillery Place is near the barracks.
CHARLES ILSLEY . I am a musician in the Royal Artillery—about ten minutes past 1 a.m. on the 8th I was going down Artillery Place, and kicked against a window shutter leaning slantingly from the window of Mr. Walker's shop on to the pavement—the window was broken, and had one big hole through which you could put your hand—the police came up as I was calling Mr. Walker—it was dark—the nearest lamp post was 25 or 30 yards off.
JAMES THORNTON . I am a driver in the Commissariat and Transport Corps stationed at Woolwich—at 5 minutes past 1 a.m. on the 8th I came down Artillery Place past Mr. Walker's shop, it was all right then—about half-past 1 the same morning I came back and saw the shop had been broken into—one shutter was over the grating, and one over the footpath.
Cross-examined by Cain. I did not meet any one; I did not see you.
Re-examined. Artillery Place is a long place—I walked right up it, there are streets leading out of it.
MARY GORDON . I keep the George and Dragon public-house, High Street, Woolwich—on the night of 7th December I saw Cain in my side bar between 11 and 12 with three or four young men, and there were other people there besides—I should think Mr. Walker's shop is half a mile from my house—Cain left about 12—we close about 12, before half-past—I had shut up at half-past.
Cross-examined by Cain. I cannot swear I saw Hennessy with you, the bar was full of people.
GEORGE BRENCHLEY (Police Sergeant R). At 2 o'clock on the morning of the 8th I was called by a constable, and finding from inquiries that Cain had gone up Wellington Street with two companions I went to several brothels, and then to his mother's house, in company with Rutherford, Griffin, and Tomkins—I knocked at the door; there was no answer—Griffin had knocked several times—I heard some one coming up the passage evidently with his boots on—he said, "Who is there?"—I recognised Cain's voice—Griffin called out "Police"—at the same time I heard footsteps hurrying towards the back door—the prisoner was fumbling with the bolt—I called out "Johnny, if you don't open this door instantly I will smash it in"—he unbolted the door, and Griffin and Rutherford rushed up the passage into the back yard—I pushed Cain back into the room on the ground floor, where I found a large fire burning—a young girl, Lizzie Winter, who cohabits with Cain, I believe, was there fully dressed—I left Winter and Cain there in Tomkins's custody, and went into the yard, where I saw two figures two or three back yards from me—the constables were pursuing them over the walls—I heard Griffin shout out, "Stop or I will shoot you!" I assisted in searching for them—we lost them—there are several walls there six or seven feet high covered with glass—the constables were some two or three yards between me and them—I went back to Cain and Winter and said "You will both have to go the police-station: there has been a robbery committed in Artillery Place; you (addressing Cain) were seen going up Wellington Street a few minutes before with two companions"—Wellington Street is in a straight line with Arsenal Place, and runs into it—he said, "I own that; that does not prove that I know anything about any robbery; if they done anything I don't know anything about it"—I asked
Cain "Who were those young men? Have you any objection to tell me who those young men were?"—he said "They were two young men I know, they came from Greenwich or Deptford, or up New Cross somewhere, and we went for a walk, and they could not get lodgings, so they came to stop here for the night"—they were taken to the station, and the girl was searched, and Cain was charged on suspicion of being concerned with two others in breaking and entering Mr. Walker's shop.
Cross-examined by MR. GEOGHEGAN. I have said everything I said at the police-court to the best of my recollection—my memory was fresher then—I do not think I said anything there about the two men stopping and lodging with Cain the whole night. (The words in the deposition were: "They asked me to find lodgings, and I helped them to find some.")—I took a note of what was said—I had that in my pocket at the police-court; I did not refer to it, I trusted to my memory, which is a good one—Cain also told me he did not know their names—I was not present when Hennessy was identified—all I have in my note about the two men stopping with Cain is, "I know I went up there, but that does not prove I know anything about any robbery; if they done anything I know nothing about it"—I did not put down about those two men because that conversation took place on the way to the station—the prisoner said a lot more general conversation to me; it is almost impossible to put general conversation in writing—I should not like to say the prisoner said "these were two young men of Greenwich, Deptford, and New Cross, I became acquainted with them two or three years ago."
Cross-examined by Cain. I told you when you were brought up on your second remand that Hennessy was in custody—you asked what for, I told you for being concerned with you—you said "He was not with me"—I said "That will have to be proved to-day."
JOHN GRIFFIN (Policeman RR 26). On the morning of 8th December I was on duty with Rutherford, Brenchley, and Francis, and went to 9, Collingwood Street about half-past 3 a.m., where Mrs. Cain lived—I knocked, Cain said "Who is here?"—I said "Police"—he said, "What do you want?"—I said "I want to come in"—there was some little delay in opening a bolt—I heard footsteps making towards the back of the house—when I got in I rushed through the house to the back yard with Rutherford, and saw two men on a wall six to eight paces from me; while sitting on the wall they turned round, and looked me full in the face—I turned my bullseye full on them—Hennessy was one of them to the best of my belief—I said "If you don't stop I will shoot you"—I had no pistol—they dropped off the wall and made their escape, after I had followed them over six or seven walls five to six feet high, Rutherford gave me a lift up—on the 21st, about a fortnight afterwards, I went to the police-station, and picked out Hennessy from eight or ten men as having been one of the two I saw on the wall—I had not seen him before that night to the best of my belief.
Cross-examined by Cain. You were some time in turning the bolt of the door—I saw the faces of the two distinctly with my lamp—you told Rutherford the names of three men—I do not know what they were.
Cross-examined by MR. GEOGHEGAN. The identification took place at Woolwich—I was told to attend, and got there at a quarter past two—I was kept waiting ten minutes or a quarter of an hour, and then was brought into the yard where the men were drawn up—I expect they were collecting
the eight or ten men during that time—it was a fine day to my recollection, I had no cape on—we can only ask for volunteers to come in from the street in these cases; the police got in ten minutes eight or ten men about the same height and of fair resemblance as near as they could—none of them were policemen I swear; they were all strange people to me—I could not swear Brenchley came into the yard of Cain's house while I was looking after the men—he came into the passage—I could not swear he was in the yard with me at any time on that night—there were a number of small back yards at the back of Cain's house, and the men scrambled over these and got away—it was a dark night—when I turned my lantern on the men they looked at me for some few minutes—the light shone distinctly on their faces—Marsh Lane is about three and a half miles from Woolwich Police-station, it is in the Greenwich district, being nearer Greenwich than Woolwich—Hennessy was not taken into custody till the 20th—I did not circulate a description of him; I did not know his name—I gave no written report, but I told my sergeant he was a young man about 18 or 20 years of age with no whiskers—that was the only description I gave of him—I do not swear Hennessy is the man, but to the best of my belief he is.
Re-examined. I picked him out—there was a sergeant and three other constables besides me.
HENRY RUTHERFORD (Policeman R 227). I went to Cain's house on this morning in company of the other constables, and on going through the back door saw two men getting over a garden wall about two walls off—it was a very dark night—Griffin put his lamp on their faces and shouted if they did not stop he would shoot them—we chased them over several walls, and eventually they got away—Hennessy I believe was one of the men, but we only saw their faces while the light was on them—about a fortnight afterwards I picked Hennessy out of seven or eight other men in the station yard.
Cross-examined by Cain. When I came in to you you gave me three men's names, Sullivan, Driscoll, and Ernie.
Cross-examined by MR. GEOGHEGAN. I am a stranger to Deptford, and do not know Rope Walk—I do not know that Sullivan, a witness here in a manslaughter case, lives there—there are a good many Sullivans and Driscolls about there—I don't know the date I picked Hennessy out—it was the middle of December—it was not wet—we should have circulated a description if we had known them—I gave no description, nor did Griffin—we said to one another we should know the men again if we saw them by their faces—Griffin told the inspector he was a young man with no whiskers—I was there at the time—he said they were both barefaced—that description was not circulated—I have heard since Hennessy lives at 7, Marsh Lane, and I believe he lived there for a fortnight after this occurrence—I have been at Woolwich nine years—Brenchley came into Cain's yard before we saw the two men on the wall—he followed through behind me and Griffin—we all went through together—Brenchley then ran back through the house and down Collingwood Street—we came back and searched after taking Cain to the station—with the exception of that time, the only time that Brenchley was in the yard was when we were all there together—he meant that he saw the men three or four back yards off—I said they were six or eight yards off before the Magistrate, but 14 or 16 is nearer—I could not swear potitively Hennessy is
the man, but to the best of my belief he is—I picked him out from others, strangers to me—I believe Brenchley got the other men—we were in the guard room at the time.
By the JURY. We identified him separately—when the light was thrown on and we saw the men their legs were over the wall, they were getting down, and they turned round and looked at us, and we just saw their faces—it was a dark night.
GEORGE DEAR (Pol ceman R 266). On 8th December I was on duty in Green's End, Woolwich, with Inspector Mackey, and saw three men, one of whom was Cain (I believe Hennessy to be another, but I could not say certainly) pass in the direction of Artillery Place up Wellington Street at 12.55, about 700 yards from Mr. Walker's shop—about 20 past one on that morning I was in Artillery Place, and saw Ilsley outside Walker's shop—I saw a shutter there lying across a small grating underneath the window, and the other shutter was pulled down—the glass of the window was broken, and I found a watch and some chains lying on the pavement—I went to the station, and also to Mr. Walker—I know Cain perfectly well.
Cross-examined. I am sure of the time, because Mackey asked me the time as I passed along, and I looked at the Post Office clock—I can swear to you, because you were nearest to me, and there was a lamp just opposite with black iron shutters behind it, which threw a strong light—I could not see Hennessy.
Cross-examined by MR. GEOGHEGAN. I was about 15 yards off—I had never seen Hennessy before; he was the middle one—I did not pick the watch up, I left it in front of the shop—I could have picked it up if I had liked.
Re-examined. Somebody picked up the watch and chains—I called a police constable, and left him in charge of the place while I went to the station—I believe Mr. Walker has them now—I was standing close by the post-office when I saw Cain and the other men pass—I did not know Hennessy by sight before that night—I knew Cain perfectly.
THOMAS FRANCIS (Police Sergeant R). On the 19th I saw Hennessy and two other men in Deptford Broadway, about 9.30 p.m.—I took hold of him, and told him I wished to take him into custody for being concerned with Cain in a burglary at Woolwich—Morgan took hold of his other arm; he walked a short distance, and then tried to wrench himself away—he became violent and called on his companions to rescue him—I was in plain clothes—I took him to the station, searched him, and found on him these two watches, one in his trousers pocket and one in his watch fob in his trousers; nothing was attached to them—I said "How do you account for having these watches in your possession?"—he said "I picked them up this evening in Marsh Lane tied up in a handkerchief"—I said "Where is the handkerchief?"—he made no answer, and did not produce it.
Cross-examined by MR. GEOGHEGAN. He went some way before he got violent—most of his friends would have left work at this time—Marsh Lane is at East Greenwich; seven or eight minutes' walk from a police-station—Hennessy's people live there; I have no doubt he has lived there ten years—he has never been convicted before that I know of—there are Driscolls and Sullivans at Deptford—almost every day a Sullivan is at the police-court—a Sullivan known to the police is here to
give evidence in a manslaughter case—only these two watches and one picked up outside the shop have been found.
JOHN WEBBER (Police Inspector R). On 21st December I was in charge of Woolwich Police-station, between 4 and 5 o'clock—at that time the prisoners were in custody in the cells—I was in the yard near the entrance to the cell passage; I heard Cain calling "Con"—Hennessy answered "Halloa"—Cain said "How the b----h----is it you did not get rid of them?"—Hennessy said "What is the use of your asking me that; it is all your fault or I should not have been in it; if you had allowed me to have got you a mouthpiece in the first place"—that was after they had been before the Magistrate.
By the COURT. A mouthpiece is a lawyer.
Cross-examined by MR. GEOGHEGAN. The cells in the police-station are in the yard near the back—constables are continually passing to and fro—one prisoner was in No. 2 and the other in No. 5; they were four or five paces apart, and had to raise their voices to be heard—they did not say what the "them" meant—I have heard another man was supposed to be engaged in the burglary—I cannot say if "them" referred to the companions or not—I made a note of the conversation immediately I got to the station.
Cross-examined by Cain. I did not say at the police-court I heard Hennessy say "If you had given me time to get a mouthpiece."
Witness for the Defence.
ELIZABETH WINTER . (Examined by Cain). I live at 3, Meeting House Lane, Woolwich, and work in the fields—on the night of the 7th your mother was at the infirmary with Mr. Cocks, who was dying, and I was looking after your mother's place—you were indoors exactly at 12, and were sitting down when three men came and knocked at the door and asked if they could come in and stay for the night—you said if they liked to come by the fire they could till his mother came in—they said they had come from Maidstone or somewhere, and were trying to get into the militia and had to walk all the way back again, and their feet were sore, as they had bad boots on—when the police came you opened the door as quick as you could, and the men went over the wall somewhere—I never saw Hennessy—I was in your company very near all the evening.
Cross-examined. Cain's mother left me in charge to put the children to bed—I had been there since half-past 5 or a quarter to 6 that evening, but about 6 I went out with Cain—I left him against the door of the theatre, and went to his mother's house and met him again about half-past 11—he was alone then—I was with him in the Duke of Sussex about a quarter-past 11—from there we went to the George and Dragon about a quarter to 12—we had a few words, and I left him at the corner of Benefit Street, and went to Mrs. Cain's—there were a lot of men and a young woman in the George and Dragon—Cain came home about half-past 12—I sat up with him for two hours—about a quarter to 2 the men came—I did not say before the Magistrate they came about 1—I could not tell the right time when I went to the court at first—I sat up with Cain and the three men till half-past 3—none of us went to bed—when the constables came the three men went through the back door at once—I don't know who they were, they were strangers to me—I have known Cain three or four months, and have kept company with
him—his mother has two rooms—the back door was closed and bolted—one of the three men opened it I believe.
FLORENCE TAYLOR . (Examined by Cain). I am an unfortunate, and live at 7, Cannon Row—I saw you go out of the Duke of Sussex at 7 on this night—later on I saw you at the George and Dragon—I did not see any strangers with you there—I and you were the worse for drink—it was about a quarter-past 12 when I left you at the door of the public-house—they were telling us to go out then, and going to shut up.
GUILTY . The Jury strongly recommended HENNESSY to mercy.— Eight Months' Hard Labour. CAIN**† then PLEADED GUILTY to a conviction of felony in November, 1880.— Five Years' Penal Servitude.
The Grand Jury commended th conduct of the police in this case; the Common Serjeant joined in the commendation.
Before Mr. Justice Denman.
MESSRS. POLAND and WARBURTON Prosecuted; MR. BLACK defended Riley.
ELLEN SULLIVAN . I live at 3, Elizabeth Cottages, Rope Walk, Deptford—I am the widow of the deceased, William Sullivan—on 19th December I was with my son John—about 11.40 a woman named Miscoll and my husband had some words—she called him nasty names—Riley fought with my son; then Carey came up—I and my son went into the yard—Miscoll and the prisoners followed—the prisoners fought with my son, and Miscoll with me—my husband and son and I went into the house—my husband tried to get my son from the prisoners when he came in—I heard kicking at the door—my husband opened the door, and I saw Riley—he kicked my husband near the pit of the stomach—I have bad sight—I can see the prisoners and know their voices—Carey is next to me and Riley the other side—my husband went out, and I and my son followed; Miscoll fought me again and threw me down—I saw the prisoners beating and kicking my husband on his knees; he was lying down; they hit him on the back, the seat; the police came, and the prisoners ran away; then we went in the house again; the prisoners came again; the window was broken; my husband opened the door—Riley kicked him, and they fought again in the yard; my husband was thrown down; I got stunned—the first time my husband got up he had a wound in his forehead; while Riley was assaulting my husband Carey was at the fence and kicking the gate and trying to get into the yard; then he was beating my husband; when my husband went indoors I noticed he had two wounds on the left side of the forehead; he had a wound on the knee on the same side; my husband went to the police station, his wounds were dressed, a summons was taken out; the prisoners followed to the Court; they prevailed so hard, and it being Christmas week, my husband was not very spiteful and settled the matter for 1l. 5s.—that was the following Monday—on the Tuesday my husband went to work for a few hours, came back ill, took to his bed, and died on the Thursday—my husband was sober; he had had a few glasses of ale, but not anything to hurt; he was quite sensible.
Cross-examined by MR. BLACK. I had been into the Freemasons' Arms and the Fishing Smack—I had a pint of ale with a female at the Fishing Smack and at the Freemasons' Arms—I know the King William public-house—I
was not there—I only had ale; I can't drink whisky much, or any kind of spirits—I will not swear I was not drunk; my son was with me at the Freemasons'; he had been with me from about 10.30—he was not drunk—we did not have words; he asked me to go home, and I was coming home—I said I should go back to fetch father home, and he said "You must come home, and I'll fetch father"—my son did not strike me; I was obstinate to him—I do not remember his knocking me down; he pushed me along, and very nearly knocked me down—Miscoll blackguarded my son and called him bad names; that was for pushing me along the road and not letting me have my way—she did not remonstrate with my son for treating me cruelly, and he did not treat me cruelly—she said "What are you hitting your mother for"—my son ran after her, but did not hit her—she had something in her hand, and she said she would pay him if he interfered with her—I can see the clock, it is 2.55—I hope my sight will be better presently, it need not be worse—Miscoll and Riley were drunk; Riley took her part—I had to go through the yard into home—I could not see any one in the yard on a dark night; this was a dark night—I did not see my son kick Carey—we burn a paraffin lamp; there is a lamp at the corner of our lane, it casts a light into our yard sometimes—it is two or three feet from the wall—I did not see all the fighting, I was fought again by the girl—they were not all down together—my husband was under—I was down myself by the female—my son followed my husband out and got entangled with Riley again—I said at the police-court my husband was kicked about the feet; he was kicked in the abdomen as well—I was pulled by the hair and beaten—I was insensible not many minutes—the police came twice; I do not know if they were the same—they had not said I was drunk—I saw no bricks thrown before the quarrel, afterwards a few pieces were thrown over the fence; they did not hit anybody—my husband and I had wounds, and that gave us cause to talk about it next morning—I had two cuts in my head, and my body was black and blue.
JOHN SULLIVAN . I live with my mother, the last witness, at Deptford—on Saturday, 19th December, about 11.40, I met her against a public-house door—I had a few words with her—a woman named Miscoll interfered, and called me wicked names—I struck her with my fist—Riley hit me—then Carey hit me—he took off his coat—I told the Magistrate he hit me—my mother went home with me—the window was broken and the door kicked in—I saw Riley standing at the door—my father came out afterwards—the prisoners struggled with him against the water-closet wall, and he fell—the prisoners kicked him while he was on the ground—I tried to get my mother away from the girl Miscoll—my father got up, and he went indoors again—mother and I were inside then—the prisoners came three times—they challenged us to fight—father went out, they threw him on the ground, and got him up against the wall, then they chucked him down, and kicked him—there was a cry of police, and the prisoners ran away—my father's face was bleeding—I got him inside the house—the police were communicated with—I went with them to Riley—he was taken into custody, and taken to the station—I saw no bricks or stones thrown—I had a drop of drink, but was not so drunk—I was not sober—I knew what I was doing—up to that night my father was all right—the window was kicked in.
Cross-examined by MR. BLACK. I was not at work that day—I had been
into three or four public-houses—my mother was drunk—she would not go home—I was trying to show her home—that made Miscoll interfere—I was angry at my mother's conduct—I did not strike her; I shoved her—I was not jealous of her being more drunk than I was, but I saw her along with some people in the public-house I did not like—I saw Riley first about 11.55—Miscoll was there—I pushed my mother down—Carey took his coat off to fight, and Riley put his things in a house—he took his clothes off, and came down in his shirt and trousers—I did fight; I saw the two of them on to me—we only had one round—the police came then—they came twice—the second time they came into the yard into our house—they said my mother and father were drunk—we had to go through the yard into the house—I did not see the prisoners knocked down—my father was wrestling with two in the yard; I went to take my mother away—Miscoll's sister struck me on the head with a poker against Mrs. Lyne's door—that is two doors from our place—I never had a word before I saw Carey—when the police came the second time father was indoors with his head cut—three persons were arrested that night—when the police came the prisoners had gone, and the police asked me to show where Riley was—the row lasted 20 minutes or half an hour—I have been charged with assaulting the police twice, and fined; I do not think it was three times.
Cross-examined by the prisoner Carey. I saw you take off your coat—you might have took your things into Mrs. Courtney's; your cap was picked up in the yard.
THOMAS SULLIVAN . I am 12 years old—at 11.40 the row began—I heard my brother and my mother coming down the road, and my mother say that she wanted to go and look after my father—my brother said "No, I'll go and look after father"—I was indoors when I heard the row—my mother said she would not come home, and he shoved her down, and said he would go and look after father—Mary Ann Miscoll came and said, "Why don't you leave your mother alone; you ought to know better than to be treating her like that"—he said "You go and mind your own business," and my mother said the same—Carey came and said he would fight my brother, and my brother would not at first.
By the COURT. Q. You said before the Magistrate, "Then I saw Riley come up; he hit my mother; Carey then came up and hit my mother"? A. I made a mistake, I am sure Carey came up first; he is the taller one—my brother would not fight, and he made him—the police came and sent us indoors—afterwards the prisoners came up and broke the gate and pushed the door—my father came out and got rounded upon; both prisoners got on to my father—the police came again—we went indoors when the police told us, and the gate was busted open and the door was busted open, and my father went out and got a severe kick in the privates; Riley did that; I was next to my father; he turned and sat on a chair—the windows were smashed, and he went out again, and they met him and fought him in the yard near the water-closet—I saw the prisoners hit my father and kick him while he was down; that was in the yard—mother went to father's assistance and got him away—a shower of bricks came over the fence, one of which struck my father in the middle of his forehead; there was one big cut in the left temple after he got away—Miscoll and mother were fighting before that, and the
police came and we went indoors—the witness Courtney came and asked mother to come to the police-station to get her wounds dressed, and she went, and there was no more after that.
Cross-examined by MR. BLACK. My father and John had not had words in the earlier portion of the evening—my father had worked till 1 o'clock—John was not working that day—John did not strike father—father struck John many times with his belt, but not with his fists—John received his beating quietly—it was a dark night—we burn a paraffin lamp; mother does not have a good light because of her bad eyes—there was a fight between the four, my father and brother on one side and the prisoners on the other, while Miscoll had mother on—my mother cannot fight because she has got bad eyes—I was crying—the bricks came over the fence from the roadway—the prisoners were in the yard—the police sent us indoors.
MARY COURTNEY . I live at 4, Elizabeth Cottages, next door to the deceased's house—I am single—between 12 and 1 o'clock on 20th December I was coming home—the prisoners were trying to jump on the fence—Carey tried to get over the fence, and he kicked the gate; he want in the yard—I next saw the two prisoners kicking Mr. and Mrs. Sullivan—I saw Riley kicking the windows—then they ran away on a cry of "Police"—Mr. Sullivan fell; Mrs. Sullivan and her son helped him up and helped him in—when I went in the house I saw a cut on Mr. Sullivan's forehead; he was bleeding from the left temple.
Cross-examined by MR. BLACK. I had no drink that night—I had been to some friends—I do some work—I took Mrs. Sullivan to the station to have her head dressed—I have seen the prisoners before; they live in our neighbourhood—they did not appear injured—I waited about a quarter of an hour—I could not say the Sullivans were sober; I did not see them drink anything; they were too much knocked about for me to tell—I did not see the Sullivans strike any blows—they received a great number of kicks—the deceased Mr. Sullivan fell with the kicks—I did not see any stones or bricks thrown, nor any weapons used—I did not see the deceased spring upon any of these men—I did not see whether either prisoner had anything in his hand.
WILLIAM MACKEY (Policeman R 260). About 10.30 on 19th December I was in Rope Walk, where I found the deceased, his wife, and their son John quarrelling; none of them were sober—after midnight I was called again—from what the deceased said I took Riley into custody—I said "Mr. Sullivan charges you with assaulting him"—I took him to the station—shortly afterwards Carey and Miscoll were brought there—the deceased came and said they kicked him—the following Monday the prisoners were brought up to the police-court, and the prosecutor did not appear and they were discharged.
Cross-examined by MR. BLACK. I went twice to Sullivan's house—I know Riley; the Sullivans were drunk—I saw no wounds on the prisoners when taken.
up"—he said "Yes"—I said "Have you heard that the poor man is dead?"—he said "Yes"—I then read the charge over to him—he made no reply—the charge was for being concerned with Riley and Miscoll in causing the death of one William Sullivan on 24th December, 1885, by violently assaulting him at the Rope Walk, Deptford, on the 20th instant; that is, I was speaking of it in that month.
GEORGE FAIRBROOK (Police Sergeant R). On 26th December I saw Riley at the Deptford Police-station—he said "I have heard you have been looking for me?"—I said "I want you for being concerned with two others in causing the death of William Sullivan by violently assaulting him"—he said "You have been looking for the wrong man; it is Jack Sullivan you should look after; he was the cause of all of it."
Cross-examined by MR. BLACK. I know John Sullivan; he has been charged with assault on three occasions—Riley bears the character of a quiet, hard-working man—he has been in his last situation three years; I have never known him in a row before.
WALTER FROST (Inspector R). I was on duty when Riley was brought in on the 20th December—a statement had been made to me by the deceased—I looked at Riley's boots while he was in the dock; they were light boots; not too light to inflict a severe cut.
DAVID MANSFIELD SANDERS , M.D. I am assistant to Dr. Cavanagh, at 122, High Street, Deptford—on Sunday, 20th December, I saw the deceased at the police-station about 1.30—he was sitting on a form; he was suffering from an incised wound on the forehead in an oblique direction down to the left side—it was a clean cut down to the bone, a trifle over two inches long—more to the right was a contused lacerated wound of an irregular shape, about half an inch long—he made no complaint with regard to other injuries to me—blood was about his face; hæmorrhage had ceased when I saw him.
Cross-examined by MR. BLACK. The large wound was a very serious one—I did not notice any brickdust about the wound; the wound was unusually clean—I attended Mrs. Sullivan also—she had some wounds on the head as well as a contusion on the face—the wound on the left side of the deceased's forehead must have been caused by some sharp instrument and with great force—I do not think it could have been done by a broken bottle—a heavy sharp stone or flint might if thrown with great force—a brick would have caused a more contused wound—I should not like to say whether a kick would have done it—the second wound may have been caused by a fall, or a kick, or a rough-edged stone—the deceased's skull was very severely injured—the bone was cut; there was a wound in the brain—the instrument did not go into the brain—at the post-mortem examination the skull was shown to be unusually thick—in my opinion the wound was not caused by two independent blows—a hatchet might have caused one wound.
PATRICK CAVANAGH . I am Divisional Surgeon of Police, residing at 186, Lewisham High Road—I made a post-mortem examination of the deceased on the 28th December—I found several contused wounds; two on the right side and five on the left side of the back; there were several small abrasions, such as might be caused by finger-nails, on the back and on the right side under the arm; they were insignificant abrasions—on the scrotum was a contused wound—on the chest were patches of discoloration, but not of recent date—they could not have
been caused by this scuffle—over the left eyebrow was an incised wound.
Cross-examined by MR. BLACK. I did not see the deceased before he died—if the deceased had received a violent kick at the base of the stomach I should expect to see most severe wounds—the discoloration on the scrotum was quite superficial—the kicks did not seem to have been severe, as the contusions were superficial—they could be caused by being knocked about, or by the deceased having tumbled down on some bricks.
The Prisoners' Statements before the Magistrate. Riley: "I reserve my defence, but wish to call a witness now, Mrs. Lynes." Carey: "I wish to call a witness, Mrs. Lynes."
Witnesses for the Defence.
MARY LYNES . I live with my husband at 1, Prince's Cottages, Deptford, two doors from the Sullivans—I remember Saturday, 19th Dec., about 11 p.m.—I went into the yard for a pail of water—I heard Mrs. Sullivan and her son—Mrs. Sullivan was waving her hands and calling out "Mercy!" two or three times—I saw them fighting—I saw John Sullivan striking his mother and kicking her, saying "You b----old cow, I will kick your b----brains in"—Mrs. Sullivan had a large wound on her head, and was bleeding very much; she also had a black eye—she came to me and said "What a dreadful state I am in!"—Miscoll came and said "You ought to be ashamed of yourself for striking your mother"—he said something and ran after her, and she ran into my place for protection—it was when she came into my kitchen I saw she was in a very bad state—next I saw Mr. Sullivan and his son fighting in the alley almost opposite my house, and I saw John Sullivan pick up a brick and strike his father on the forehead, causing a wound on the forehead, and he was bleeding also—I saw John Sullivan running after his father with bricks and stones and into his own place—Mr. Sullivan closed the door; his son could not get at him, he went and broke several panes of glass in the window and said "I'll have it out of you, you b----old stick"—I did not see the prisoners then—I saw Daniel Carey come up a little time after—he was very drunk, his mother persuaded him to go home—I did not see him doing anything.
Cross-examined. I am not related to the prisoners—they are strangers to me—I know Carey as a neighbour by name.
ELLEN JONES . As I was going up the alley I heard Mrs. Sullivan screaming, and all at once Mr. and Mrs. Sullivan ran out into the alley, their son after them—the son John ran into the ruins, a place where there are no houses farther up than the alley—he fetched a lot of stones and bricks and threw them at his father—I saw no sign of the father being hurt—Mr. and Mrs. Sullivan ran indoors and shut the door—John picked up some stones and broke some windows—his father came out and was knocked down in the yard with a stone, which hit him on the forehead and cut it—all three then came out into the alley—Carey fought with John Sullivan—the police came and told them to go indoors—Mrs. Sullivan would not go in—John picked her up and carried her in, and all the others went away—I saw Carey standing against Mrs. Lynes's fence—I saw another man who might have been Riley—I went home—I got there about 12.15—it is not very far from home.
he knocked her down, and when she was down he kicked her—I said "It is a shame, Jack; don't do that"—he said if we did not get away he would do the same to us, meaning me and Mary Ann Donovan—he caught his father by the throat and knocked him down, and when he was down he kicked him; then he took a brick off a little wall, and hit him on the side of the forehead—the little wall is close by the window—I saw the blood come over the forehead—the father ran in, and Jack kicked the window and threw more bricks, and ran away—the police came, and I heard no more—I did not see the prisoners there—I saw Jack kick his father three times in the yard when he was down—I did not fight with Mrs. Sullivan nor Jack—I have an elder sister Mary Ann.
Cross-examined. I should have seen Riley and Carey if they had been there.
MARY ANN MISCOLL . I am the elder sister and 18 years of age—I saw Jack Sullivan beating his mother; I told him he ought to be ashamed of himself—then he hit me, and I ran into Mrs. Lynes's for protection; he ran after me—Riley was coming up, and Jack Sullivan challenged him to fight; the two fought—the deceased was not there—I was with my sister before this—I did not see any bricks thrown or striking the deceased on the forehead.
MARY DONOUGH . I was standing at the door between 11 and 12 p.m.—Mrs. Sullivan ran by; her son after her—Jack, her son, knocked her down near the wall—Mr. Sullivan came out, and said "You ought to be ashamed of yourself to hit her"—then he got a stone and hit the father—he kicked the father more than once; then he got a stone and hit him—when the father got up I saw the blood—I saw the prisoners; they did not do anything.
Cross-examined. The prisoners had not their coats off; they are not my friends—I saw Mary Ann Miscoll ask Jack what he was doing; he punched her in the mouth—the son gave the blow, and he ought to be locked up, not these men.
MR. TAYLOR. I was present, but not called before the Magistrate—Riley is my lodger—I paid 35s., because Mrs. Sullivan said her husband had been assaulted, but she did not wish to press the charge, and she would come to the terms that if I would give her a sovereign and pay for the doctor and the window that was broken she would settle—I paid it, and we went to a public-house and had some drink; we were a little the worse for drink—I have not tasted a drop to-day; I don't know how I look—I was asked what business I had to pay it; I have not been paid—Riley has been out of work for three or four weeks—he lodged and boarded with me, and when he got in work he always paid.
By MR. BLACK. The prisoners asked me why I paid the money.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. HUTTON Prosecuted.
JAMES KNIGHT . I live at 15, Manor House, Sayes Court, Deptford, and was in the employment of Mr. Keylock for the purpose of watching some house—at 6.30 or 6.45 on the night of 24th November I saw Wells go in one of the houses—I called a person to go in with me, and went in,
struck two lights, and found Wells in the front room, and took him into custody—a bag was lying on the floor, with an old coat and two or three other little things—I told him to pick them up and come with me—he would not own to the weights which were in the bag—there was no bag there before he went in—I carried the bag to the police-station, and there he owned they were his weights—I could not see if he had the bag with him when he went in the house.
Cross-examined by the Prisoner. I was nine inches from you when you went into the house—it was so dark I could not see the bag on your back—you made no objection to going to the police-station because I had another man with me—you did not say the bag was yours, and that you brought it from Deptford.
HENRY KEYLOCK . I live at 71, Evelyn Street, Deptford, and am a builder—in consequence of information I went to the police-station on 24th November, where I saw eight sash weights which had been removed from one of my buildings which Knight watches—I had placed them in my cellar, eight in each house, for the carpenter to use—I went round and missed eight from there—their value is about 3s.
Cross-examined. I cannot identify these weights—the value of the weights is about 5s. per cwt.
FREDERICK QUINCEY (Policeman R 402). On 24th November the prisoner was brought to the station by the prosecutor and Knight—he said he had bought them of a man at a common lodging-house in Mill Lane, and gave me several addresses where he had offered them for sale—eight sash weights in a sack were brought with him.
Cross-examined. I don't remember your telling me you had bought them on Saturday night, nor that you had left them at Rogers's marine store, and they had been there four days.
The prisoner in his defence stated that he bought the weights, left them at Rogers's, and that on this day he fetched them and was taking them to his brother's, and that he went into this house for a certain purpose when he was apprehended.
GUILTY. Recommended to mercy by the Jury on account of his having already been seven weeks in prison . He then PLEADED GUILTY** to a conviction of felony in January, 1883.— Two Years' Hard Labour.
Before Mr. Recorder.
HERBERT DRAIG . I am assistant to William John Blake and others, estate agents, 21, High Street, Croydon—they are agents to Smith and Co., of Clifton Road, Deptford—last spring some old houses were pulled down, and all the materials were sold, except twenty-eight York flag stones, which were left in the care of the landlord of the inn next door—I saw them safe on December 2nd—on December 12th I saw twenty-two similar stones, and twenty-two were stolen.
prisoner on the left, was one of them—I went and told my master—they saw me and that man pulled his hat over his eyes and they moved off directly—the name on the van was "Wells."
The Prisoner Gunning. The weight of the stone smashed my hat over my eyes.
SAMUEL WELLS . I am a builder, of Bermondsey—on 12th December, about 10.30, Ades came to me and asked if I wished to purchase some stones, I could have them at 4d. a foot—I said "No," but I ultimately purchased 111 feet 8—they were old stones—Gunning was with him—they came with a van.
JAMES WELLS . I am a carman of 28, Brenda Place, Walworth—on Friday night, 11th December, between 7 and 8 o'clock, I contracted to let a van—they gave the name of Ades, and came for it next morning about 6.30 and took it away—it had my name on it—I do not see the men here.
WILLIAM WALLAKER . I am in Mr. Wells's employ—on 12th December, about 6.30 a.m., I received orders and the prisoner Ades came for a van; we drove to the Old Kent Road and there picked up two men, Gunning was one; we drove to New Cross and picked up twenty or twenty-two paving stones; we loaded them and drove off down the lane to Bermondsey—I ultimately drove to Mr. Wells and the stones were delivered to him—I left this bill for 6s. with Ades for the van—he did not pay me.
FRANCIS SHAVE (Detective R). I took Ades on 12th December—I said "You will be charged with stealing a quantity of paving stones from New Cross"—he said "I bought them of a man I met in the Old Kent Road on Friday last; I gave him 33s. for them"—I searched him at the station and found the bill on him for removing them—Gunning made no answer.
Ades's Defence. On 10th December I was in the Old Kent Road and saw a gentleman, who asked me if I wanted to buy any old paving stones—I asked if I could see them—he said "Yes, you can go with me and look at them"—I did so and bought them for 1l. 15s.—I engaged a van for two loads, and they were brought away—Gunning was there when I paid the money—I have been locked up ever since and have not seen the gentleman.
Witness for the Defence.
WILLIAM CLARK . I am a dealer in old materials—I know both prisoners; Ades has bought many goods of me and Gunning is a labourer—I had no dealings with these stones, but I bought six houses on the site, which were sold by auction, and Ades told me that he had bought twenty-six stones.
Cross-examined. Ades assisted in demolishing the houses—he had the contract from me—I believe these stones were taken up from the postholes where they had put the hoarding round.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. PURCELL and RAVEN Prosecuted; MESSRS. H. C. RICHARDS and LEWIS EDMUNDS Defended.
The libel in question alleged that a sum of 264l. out of a sum of 468l. subscribed to a fund for the relief of imprisoned gas stokers and their families had been misapplied, Mr. Howell being a member of the committee of management and one of the auditors of this fund. It stated that two organisations, of which Mr. Howell was paid secretary, received 50l. from this fund; that some of the families of the imprisoned gas stokers were starving during the term of imprisonment, while others pawned and sold their household goods; adding "If the working men's bounty was honestly disbursed, this state of things would have been prevented;" and that the gas workers of Woolwich at a meeting had adopted a resolution protesting against the misappropriation.
THOMAS JAMES EWING . I live at 13, St. James's Road, Victoria Park, and was election agent to Mr. Howell in the N.E. division of Bethnal Green—to my knowledge these placards (Containing the alleged libel) were extensively circulated at the time of the election—I handed one to Mr. Howell, and went with him to Carter, the printer, 226, Southwark Bridge Road, on the Saturday before the Wednesday when the election took place—we saw Mr. Carter, who wrote the name and address on this one, "C," after some conversation—it is Kenny, 19, Rock Road, Bermondsey—I had many questions asked, and received many letters in regard to this.
Cross-examined. I had nothing to do with the Stafford election.
JOHN WILSON . I am Assistant-Secretary to the Amalgamated Engineers' Society, Blackfriars Road—about the 24th November I received this paper by post in an envelope with some pencil writing on a blank sheet; included with it were two copies of this document. (The libel.) I think it was the day before the election—I have not seen the defendant write, but I have had correspondence with him.
ALFRED CARTER . I am a printer, of 226, Southwark Bridge Road—on the Saturday before the Wednesday of the Bethnal Green election Mr. Howell called at my place with Ewing, and showed me a copy of this (The libel), I think, and I wrote this name and address at the back—previously I had received from Kenny the manuscript of this placard with certain instructions, in consequence of which I printed 3,000 of it; that would be a small number for a handbill—I know Kenny's handwriting—the pencil handwriting on this I should say was his. (This was one of the placards.)—when printed I gave them to Kenny, I think, and they were taken away.
Cross-examined. I undertook to publish my regrets before the examination at the police-court in the local papers—afterwards Mr. Howell brought me a bill for something more that he thought fit to print—I objected to pay for it—I thought it very mean—Mr. Howell afterwards said he would take legal proceedings if I did not pay, something to that effect—I don't think I had any other interview with Mr. Ewing—I
should not have paid for additional advertisements except under threats of legal proceedings.
Re-examined. As soon as I discovered I had acted wrongly I thought it my duty to retract and repair the injury I considered I had done him—as to the libel, I don't seem now to understand it.
Witnesses for the Defence.
GEORGE HOWELL, ESQ ., M.P. I am M.P. for N.E. Bethnal Green, and live at Hampton House, Ellingham Road—I am the prosecutor in this case; I complain of the 3rd, 4th, 5th, 6th and 7th paragraphs—this (produced) is the report of the London Gas Stokers' Fund; it was issued by the authority of the committee, of which I was a member—on page 38 there is an appeal for subscriptions to obtain a remission of sentence and to relieve the suffering of their wives and families—I believe the committee also relieved the 16 committed for similar offences before the Magistrate—it says "George Howell, Secretary of the Parliamentary Committee of Trades Congress"—I should say there were a great many more than six meetings of the Gas Stokers' Fund Committee—I have not brought the books—I was not the official on that committee—I believe there was a sub-committee; I cannot recollect if I was on that—I cannot tell how many committee meetings I attended—I remember attending one specially when a circular was drafted to the Home Office; no doubt I was present at others—I cannot tell if I was present at the meeting for the distribution of the funds, when 25l. was voted to the Plimsoll Fund and to the Parliamentary Committee of the Trades Congress—I did not apply for that, and have no knowledge how it was done—I have no recollection of the circumstances—the two sums were voted to the two committees doing analogous work, and were not voted till after the stokers' wives and families had been relieved and the expenses of the defence and obtaining a mitigation of sentence had been paid—I should be very much surprised to hear that four members of the gas stokers' families did apply for relief after the men came out and could not get it—I cannot say how much of the 1l. 4s. 4d. for auditing the accounts I received—I have subsequently ascertained that was voted and divided between all the auditors for 'bus fares and light refreshments when we met, as we did on four or five occasions—this libel was first made at Stafford—I recollect my name on that Stafford placard; I presume it is a letter from me—when I said that we did not receive a single penny, and that the only money paid for services was that paid to lawyers, it was a mistake so far as the services as secretary were concerned; I said it hurriedly, and I meant no doubt I did not myself receive 1d. for services—I had no opportunity for reference at the time, and the matter was nearly 10 years old—I did not when I got a copy and saw I had stated a mistake, admit by advertisement or supplementary letter that other people had been paid, the matter did not crop up again—the Plimsoll Seamen's Fund mentioned here was for the purpose of obtaining an amendment in the law with regard to British seamen, and one of the points was with regard to hiring seamen—the agitation was continued till the law was amended by Mr. Burt in 1880—Sir Richard Cross's Act did not alter the law of conspiracy as regards seamen, earlier—I had not sufficient evidence to prosecute Kenny as the author of the libel then or I should have done so—Kenny did not challenge me to reply in public or by letter—I heard whilst attending a meeting of my supporters that a
meeting had been called the same night in the market place where the challenge was made in my absence—news was brought to my meeting, and I went to the market place—I had nothing to do with Mr. Bone, the secretary of the Democratic Association; I know nothing of him—I have a slight recollection of seeing a copy of Kenny's statement at Stafford—I admit my statement that no one but the lawyers had received a penny for services, was a mistake—Mr. Broadhurst was appointed secretary of the Fund at the first meeting, and I believe his salary was 2l. 2s. a week—I am not quite sure if I was present at the first meeting—the minutes of each meeting were recorded and read out at the next one and confirmed—I do not know if the books were preserved; I was not an officer; vouchers were given for every amount—some portion of the sum of 60l. 10s. 1d. for printing, stationery, postage, and advertising was paid to the Beehive newspaper; how much I cannot tell—whether Mr. Potter was largely interested in that paper is a question for him, not for me—I see here "Rent of office 10l.;" we met in one of the Beehive rooms—I cannot tell what "Treasurer's expenses 10l." were for; it included his out-of-pocket expenses for 12 months; that was Mr. Guile; he is not alive now—"Imprisoned carpenters' families 10l.;" there is nothing in the appeal about them—I do not know that the Carpenters' Union had refused to do anything for the carpenters on account of their violent conduct towards their fellow-workmen—the Maidstone Trade Council incurred expenses, 2l., on behalf of the gas stokers; I don't know now in what way—I am not in a position to say whether the Trades Unions of Maidstone arranged for a demonstration when the men were released—253l. was actually disbursed—nothing was said about paying for the defence, because the men had been convicted then, but that 50l. 6s. included the attempt to obtain mitigation of sentence, and the defence at the trial—a person often audits funds in which he has not a beneficial interest, although he is on the committee—I was the secretary of the Parliamentary Committee Trades Congress; in that body auditors are elected from the Congress, which is composed of delegates forming part of the committee and others; it is a peculiarly constituted body—I never heard till nine years afterwards that some of the families had to pawn and sell their household effects to keep the wolf from the door—I heard 12 months after the attack made on me at Stafford that a meeting had been held at Woolwich, and I heard it as if it had been held at that time instead of 10 years after—I do not admit such meeting was held; I have my own thoughts about it—I never heard about it till the attack was made on me—I cannot say who paid for advertising; I saw the vouchers when they were produced to me—I don't remember the sub-committee being called into existence—I did not go down to see the families at Woolwich; I was otherwise engaged—I think the 157l. was lumped together as the sum paid to the families while the men were in gaol, and the separate items are those paid subsequently—men who made a protest at a meeting of the Trades Congress against the voting of the money were turned out for doing so by the men who subscribed the money—I resigned the secretaryship of the Parliamentary Committee in the autumn of 1875. Q. Were not the men turned out of the Congress for attempting to get up a discussion on fair trade? A. I should prefer that question to be put to Mr. Broadhurst.
Cross-examined. There were about 25 members of the committee—
when money was to be paid a general vote was made empowering the treasurer to pay it to the secretary—no member of the committee had any power to pay money—Mr. Guile would give it to Mr. Broadhurst, the secretary, and every one would be equally interested in that payment—it was in consequence of a resolution (on page 45 of the report) as to agitating for an alteration of the law as to conspiracy that the committee voted the two sums of 25l. to the Plimsoll Seamen's Fund and the Parliamentary Committee of the Trades Congress—these two sums were voted in the ordinary way by the committee—with the exception of the wages paid to the secretary and the 1l. 4s. 4d. paid to the auditors no money was paid to anybody for services—10l. was paid to the treasurer for expenses—five gas stokers were first committed for trial, and in addition others were proceeded against at the police-court—this fund was not used for the latter, although they might have had a little incidentally—they were dealt with by other committees—we had nothing to do beyond the five gas stokers; the fund was confined to them—it could not be surprising if a wife of one of the others did not get any funds.
Re-examined. We relieved incidentally those sentenced to shorter terms by the Magistrate, but it was not part of our duty—I never stopped to read one of the bills at Stafford—I cannot say this resembles those bills—every portion of the money expended was approved by the subscribers, because the balance-sheet was sent to every subscriber, and it was inserted in the newspapers, and no subscriber has questioned it up to the present time that I have heard of—the report was not published till nearly a year after the trial—the balance-sheet was sent out with the report; whether it appeared anywhere I cannot tell—it was not advertised; reference was made to it—the entire committee resolved instead of advertising in any newspaper to publish the report with the balance-sheet audited and signed appended—a copy of the report was sent to every single subscriber I believe.
HENRY BROADHURST, ESQ ., M.P. I was secretary to the Gas Stokers' Defence Committee—I have not got the minute books—I cannot tell what has become of them; it is 13 years back—I have no vouchers—I do not know how many committee meetings took place—I do not remember if a sub-committee was appointed for the administration of the funds; it is probable there might have been—I can give no more information of the details in the balance-sheet than I can learn from this report—I cannot remember if any other than the five convicted men were relieved—the London Trades Council undertook some assistance to the families; the committee I had to do with was mainly a different committee, and any family relief was rather an incident than a principle—it is impossible for me to remember whether Mr. Hughes, Mr. Compton, or Professor Beasley were present at any meeting when any sums were voted to the Plimsoll Seamen's Fund from the Parliamentary Committee Trades Congress—I was probably present when the money was voted to me as secretary, but I cannot say I was—I think I was present when the sums to the Plimsoll Seamen's Fund and the Parliamentary Committee Trades Congress were voted, but I cannot say—I cannot say who moved that those sums should be paid—it would be moved unanimously; there would be no question about it—the money was subscribed by the organised trades and the funds referred to they were also supporting—it was only a change from one pocket to another—Mr. Howell was the paid secretary of the Parliamentary
Committee Trades Congress—the trades would agree that the money sent to the Gas Stokers Fund should be transferred to other accounts—the gentlemen managing the affairs were the representatives of the trades of the United Kingdom—no subscriber I could find has ever questioned the proceedings as to the two items—I do not say the five barristers and the reverend gentlemen on the committee were representatives of labour—I cannot say to whom the 1l. 4s. 4d. was paid for auditing the accounts; I should think the custom is, as a rule, to appoint as auditors those who are the largest subscribers to a fund and mostly interested in it—in trade societies a committee man is not barred from auditing the accounts of his committee—I cannot say what the treasurer's expenses were—Mr. Guile was a gentleman of position—as to the sums voted to the carpenters, the labour and trade representatives on the committee were in all probability the largest subscribers to the fund, and voting those sums they were simply dealing with their own business in matters in which no one outside had any right to interfere—I suppose the gentlemen from the Patriotic Club would be delegated by a vote of the club to attend the committee, I do not know that—I went down to Maidstone when the men were liberated—I cannot explain the item of 11l. 10s. 4d.—the accounts were always paid by the treasurer, I think; I should not think the accounts went through my hands as secretary—I paid the weekly sums to the families under the vote and instructions of the committee—I cannot say if at the time those two sums were voted I had applications from the families and from the gas-stokers themselves for relief—if there were the committee, as trustees of the funds of the trades of the country, would exercise their judgment to dispose of the money in the way which would best meet the wishes of the subscribers—I cannot say if part of the 50l. 6s. was paid to Counsel for the defence—the fund was formed after the conviction—the trial came on very quickly after committal, and there was no time to call a committee, and the liabilities of the defence were incurred by Mr. Guile and myself chiefly—I visited many of the families of the gas-stokers from time to time—I do not think I often sent them post-cards to meet me at Canning Town for their money, to save me going to their house, if I was greatly pressed I might do so—I think it is most unlikely that Mrs. Jones had to pawn her wedding-ring and her clothes—we bought boots for adults and children—I do not know that I bought Mrs. Jones a pair and told her not to let the other wives know—I should say we did not have applications for relief from the gas-stokers' wives and families, and then vote these sums of 25l.—if anything of the kind did take place I should think their wants were immediately met, providing they were proved to exist—I do not know of an indignation meeting being held at Woolwich denouncing the conduct of the committee—I think it was six years ago—I cannot say if there was anything in the Morning Advertiser in 1882 concerning the administration of these funds—meetings were being held at public-houses all over the country of this kind—many trade societies meet at public-houses, but they do not hold their public meetings there—I remember taking the chair at a meeting at a Baptist Chapel; I cannot say if I walked or ran away, I probably walked away when the meeting was finished—I should say Kenny did not challenge me there to a discussion on the platform; I did not decline, nor was I escorted home by guardians of the police—I remember hearing a shriek of what I recognised
afterwards as a human voice, when leaving the platform, and I believe it came from the prisoner because I saw him in the immediate neighbourhood of the sound directly afterwards—pages 43 and 44 do not detail great existing distress on the part of the gas-stokers and their families; it is what would have been distress but for the efforts of the committee—there was no serious want in any of the families at the time the balance of this account was passed over.
Cross-examined. After voting 12 sums of 25l. there remained in the treasurer's hands a sum of 15l., in case any distressed stoker's wife applied for assistance—no such claim came in—I have been secretary of the Parliamentary Committee Trades Congress for 10 years.
Re-examined. These representatives joined the committee on their own individual responsibility to some extent—Mr. Howell was occupying the position of Trades Union secretary, a position in the Trades Union world similar to what the Lord Chancellor is in the legal world—Mr. Allen was general secretary of the Amalgamated Engineers, and they and Mr. Guile were in contact two or three times a week.
WILLIAM CROFT . I am employed at the Beckton Gas Works—I was present as chairman at Woolwich on the night of 9th September, 1882, at a meeting of a large number of working men, when this resolution was passed protesting against the misappropriation of the public moneys subscribed for the wives and families of our imprisoned fellow-labourers—that night was the ordinary meeting night of the stokers' club there.
Cross-examined. The prisoner was present at that meeting, and Peters and Kelly were present—the prisoner usually attended the meetings of that club.
Re-examined. Kelly was the founder of the society, which was the Bricklayers' and General Labourers' Amalgamated Union—they become gas-stokers in winter.
FRANCES JONES . I am the wife of Edward Jones, of Silvertown—my husband was one of the imprisoned gas-stokers—when in work he made 38s. or 2l. a week—while he was in prison I received from Mr. Broadhurst's fund 15s. a week—I did not find that sufficient to support myself and my 11 children, and to keep the wolf from the door I had to pledge my wedding-ring and my husband's clothes—the relief stopped, a little time after my husband came out—he did not get any work for a long time; we were reduced in health and had scarlet fever, and I had to apply to the Union, and they gave me a workhouse nurse and 5s. a week—while my husband was in prison I did not get enough to keep my children.
Cross-examined. My husband attended the meeting at Maidstone with the others—he said there he was at a loss for words to express how grateful he was for the sympathy shown by the Trades Union, and we feel so still—18 months was got off their sentence, and they felt lightened when they knew their wives and children were being looked after—before my husband was in prison I did no work myself, as my children were too young—when my husband came out he had a difficulty in getting work—I went into the fields and picked fruit.
Re-examined. When my husband addressed the crowd outside Maidstone Gaol he had not seen me—I had a telegram to say he would be home at night.
family when I made that speech—when I got home I found my wife had done her best with the 15s. a week.
FRANCES JONES (Re-examined by MR. PURCELL). While my husband was in prison I had besides the 15s. 5s. a week from the carpenters—it was some time before I received it, but while my husband was locked up—the total amount I received each week was 25s.
By MR. RICHARDS. I did not receive the additional 5s. till a month or more afterwards.
EMILY DAVIS . I am the wife of Richard Davis, of Peterborough Road; he was one of the stokers who was imprisoned for six weeks; not one of the five—during his incarceration I received no assistance from Mr. Broadhurst's fund, and I should have been in distress if I had not had private friends to assist me—I am subject to fits, and so could not work—for the first two weeks I had to pawn things.
Cross-examined. I was only in distress for the first two weeks—I did not call or apply to Mr. Broadhurst; I did not know I could—I made no application for money, nor did they refuse me any.
JOHN BUNN . I was one of the five prisoners; my wife is expecting her confinement, and unable to come—when I came out of prison I found my wife very bad, expecting her confinement; the home was very well and tidy; I could not get work, and we had to pawn everything.
MARGARET SIMMONDS . My husband was one of the 16 imprisoned stokers—I received no money from the Gas Stokers' Fund, but only half-a-crown a week from West Ham Union—I had to pawn or sell everything I could lay my hands on; I had no other support.
Cross-examined. They told me at Bolt Court, where the Beehive was published, when I went with two more women, that the fund was not for such as us as had six weeks; it was only for those that had six months—that was about a month after the conviction, and then at West Harm Union they said they would prosecute if we were receiving money anywhere else.
ROBERT WILSON . I was one of the five prisoners—when I came out of prison I found my home in a critical condition; it was in debt—some of my things had been pawned; my two sisters and brother assisted in keeping the home up, and I had to pay them back—my mother was allowed 15s. a week.
Cross-examined. My mother was in my home; she is bedridden; one of my brothers is living; he is not here.
GEORGE POTTER . I have been connected with labour organisations—in 1872 and 1873 I was interested in the Beehive newspaper; it belonged to a limited company, and I was manager and editor—having accomplished its object the paper died a natural death—its object was to suppress class legislation against labour, and to bring about consultation and arbitration between employer and employed—it died about 1875 or 1876, and the Industrial Review took its place, and lasted till 1877 or 1878—I was chairman of the Gas Stokers' Fund Committee, and was present at the first meeting when the appeal was drawn up—the committee met frequently; I cannot tell the number of meetings; it may be more than a dozen—at the first meeting a sub-committee of eight or nine was formed, and the affairs were left in their hands, and the general committee only met when required—I believe Mr. Howell was a member of the sub-committee—I was an ex-officio member of the
sub-committee, and presided at the sub-committee and general meetings—minutes were kept by Mr. Broadhurst, the secretary—the books were his property, and he took them home with him—I cannot say at which meeting the two sums of 25l. each were voted, but it was towards the close of the struggle before the accounts were audited—probably Mr. Howell was present at that meeting—I cannot remember who moved those votes of 25l.—the 10l. for rent of office was paid for the use of a room at the Beehive; the committee had a room there, and frequently occupied it, and there was much wear and tear in conducting the movement—I have not brought a file of the Beehive, as when we moved from Bolt Court to Fetter Lane, all those papers were cleared away, and I have not kept a file, and do not know if one is in existence—I could not say how much of the sum for printing, stationery, and advertising was paid to the Beehive; the vouchers were given to the auditors, in detail, and as is usual they were bulked together after being submitted—we did not charge per line in the Beehive for this, the announcement appeared in the Beehive every week, and considerable space was devoted to the service of the cause, not to make money out of it—the circulation of the paper was 10,000 to 15,000—40l. was not paid to the Beehive; I should say not nearly 30l. was paid to it—the advertisements went to the weekly papers, Reynolds's, Lloyd's, and others, with announcements of meetings and so forth, and all formed part of that amount—I have no books of this committee; when the committee ceased they were dispensed with, and were taken away with the rest of the papers—Mr. Howell was connected with the Plimsoll Seamen's Fund as secretary, I believe; I was not connected with it—I took no part in the disposal of the funds—I was present at all the meetings—I cannot tell you when it was decided to defray the expenses of the trial; Mr. Broadhurst had made himself responsible for the cost preliminarily—I don't know that he paid anything.
Cross-examined. I only speak from memory—no subscribers have objected to any sums voted by the committee; it is only within the last few years we have heard anything about it—the course of business would be for those two sums of 25l. to pass through only the treasurer's and secretary's hands, and then to the treasurer of the organisation—I never had the minutes—we advertised in all the weekly papers that circulate among the working classes—the appeal was addressed to working people throughout the country, more especially to Trades Unions—the work went on in the committee room at the Beehive for 12 months, I think, and we had to find firing all the winter, and gas—Mr. Broadhurst only had 37l.; he would not take all due to him; he gave some back—after the appeal was closed the sub-committee disbursed the funds and attended to other work connected with the committee—some of the men were assisted to go to America after they came out of prison—the sub-committee was sitting when they came out—when the business was closed there was a meeting of the general committee to receive the balance-sheet—the sub-committee met mostly every day—Mr. Broadhurst and Mr. Guile and Mr. Woods (the assistant secretary) went down to see the families I believe; I did not—the whole of the committee were honourable irreproachable men, well known among working men at that time—Thomas Hughes and Mr. Beesley gave their names for the benefit of the cause, but did not attend.
Re-examined. I only speak from memory as to the other papers to
which the advertisements were sent—after the notice was made on page 45 of the report that the balance-sheet would be published in the Beehive the committee thought it more advantageous to issue a separate report, which was sent to the organizations which had subscribed to the fund—the subscriptions had come principally from the organised trade unions—there were no public subscriptions.
EDWIN COULSON . I have been general secretary to the Bricklayers' Society for 25 years, and am now—I believe I audited Mr. Howell's accounts of the Trades Congress at Glasgow in 1875—I don't know the year—I am unable to say if he complained of the insufficiency of the subscriptions—he was a paid secretary; he did not say the funds were insufficient to pay his salary—I made a statement to the Society about Mr. Guile (the treasurer) not having in his book the same item as detailed in Mr. Howell's book as far as I remember—I cannot remember if 25l. appeared in that balance-sheet as received from the Gas Stokers' Fund—I have not seen the balance-sheet from that time to this.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
Cross-examined. It is a little over 200 yards from Rockingham Street to the Elephant and Castle—Tiverton Street runs into Rockingham Street—I have not marked the railway arch—from the railway arch to Rockingham Street is about 100 yards or rather more—the road coming from the City towards the Elephant and Castle takes a slight curve from the railway arch to Rockingham Street.
JOHN PAGE . I am a newsboy, and am 15—I live at Fountain Road, Mitcham, and sell newspapers at the Elephant and Castle—on Wednesday, 25th November, about 10 minutes to 12, I was running along Newington Causeway by Rockingham Street on the Stones End side—I called out to one of my mates, Joey Wylds, "Stinker, there is a third extra out"—a policeman came from Southwark Bridge Road, which is opposite to Rockingham Street; he did not quite catch me—I ran towards Rockingham Street, and the prisoner caught me, and hit me on the right ear and kicked me three times on the right thigh—then he said "What do you mean by halloaing out in the street at this time of night?"—I looked round to see if he was kicking me any more, and I saw him run down Rockingham Street towards the coal wharf way; I lost sight of him—I met a police sergeant, complained to him, and then afterwards on the same night went to the station—afterwards I went to the police-station and saw a number of constables together, but could not identify the man—I cannot say if the prisoner is he or not; all I can say is, he was dressed as a constable—I know Timothy Murphy—before this happened he said "What is out?"—I said "It is the third extra out"—he was going towards the Elephant and Castle—after I had been injured I saw Murphy—he knew I had been injured.
Cross-examined. Stinker was a nickname I addressed to Wylds, not to
the policeman—there was another pal of mine there, Johnson—neither Johnson nor Murphy gave evidence at the police-court; they were about 50 yards in front of me when I called out—it was about 10 minutes to 12; the shops were shut; it was rather dark there—I said at the police-court that Murphy was 100 yards away when I was kicked—it was a wet night—the constables had their capes on.
By the JURY. The constable ran away after striking me.
TIMOTHY MURPHY . I sell newspapers in the street, and live in the New Cut—on Wednesday, the 25th November, at a quarter to 12, I was underneath the railway arch, and heard Page shout out "Stinker, Stinker, the third extra out!"—I saw a constable come from Southwark Bridge Road, but he walked back when he saw the other constable come out of Rockingham Street—that second one struck Page, and kicked him three times—I was about fifty yards away—I saw the constable's face; it was the prisoner—he was in uniform—I next saw him when the sergeant was taking Page to the station—I walked back and saw the prisoner come out of Rockingham Street—on Friday morning I went to the police-station, where I saw a number of policemen there in a row—I was told to pick out first the man that walked from the Southwark Bridge Road—I did so, and then I was told to pick out the man that kicked the boy, and I picked out the prisoner—I am quite sure he is the man.
Cross-examined. I did not see his face when he kicked the boy, but I did as he turned to run down Rockingham Street—I was 100 steps away when the boy was kicked—it was a dark and wet night—I had never seen the man before—on the Thursday I was near the Elephant and Castle and saw Inspector Marsh—I swear that—he said to Page "It is very hard you don't know the constable," and then I said I could pick him out—I do not think I heard Marsh say at the police court that that was not true—I will swear I saw Marsh on Friday morning at the police-station, and also Saturday morning; three different times—Marsh went into the room with me when I went to pick out the man—I did not go up to the man and say "I think this is the man"—I said at the police-court that was wrong—I heard my evidence read over to me; no one told me; "I think that is the man" was wrong—I never said it—I did not think anything about it till I came up yesterday morning—that was the first time it struck me it was wrong, no one told me then it was wrong—I always said it was the prisoner—I have never said I was not sure about him—I swear that—441 was the number of the man—at the police court I told you it was 401—I heard the number 401 when you were before the Magistrate—Marsh spoke to me about it—I swear Marsh mentioned 401 in my hearing; Page was there then—I first said I heard 401 on the Friday, and then changed it to Saturday—the boy was kicked when on the Causeway side, on the City side.
By the JURY. When I heard the boy halloaing I turned round, and the policeman ran towards and passed me on the same side of the way; that is how I recognised his face—there was light there—I am certain I recognised him by his face when I picked him out.
ROBERT JOYCE . I am a cab driver living at Edmonton—on this night I was in Newington Causeway and saw a policeman running after a boy, whom he hit about the head and then kicked—another constable ran across the road, and was in a position to see what had taken place—the boy lay down on the kerb, and the constable ran down Rockingham
Street—when I got to the boy I found he was lying down crying—I got off my cab to see if he was hurt—he was taken to the station—I cannot say who the policeman was who struck and kicked the boy.
Cross-examined. When I saw the constable he was near the shops on the opposite side coming towards Rockingham Street, which runs midway between the railway arch and the Elephant and Castle; it was about 40 yards from the corner of Rockingham Street, on the Elephant and Castle side.
WILLIAM MORLEY (Police Sergeant M). The prisoner had been a constable in my division only a few days—on this night he was on fixed duty at one corner of Rockingham Street, placed to watch a certain house that was undergoing repairs; he was in uniform—I was on duty in the section, walking from New Kent Road towards London Bridge visiting the men—I heard a cry when 150 yards off, near the railway arch, walking away from it—I went back, and 40 yards from the corner of Rockingham Street I saw the boy leaning against and holding on to the lamp-post, and appearing to be in great pain; a number of people, including a cabman, were round him—I did not see Murphy then—Page complained to me about being injured, and I took him to the station—about a minute and a half before I heard the cry I had visited the prisoner on duty, and he was at the end of Rockingham Street then—I had only time to walk 150 yards—I did not see him when I saw the boy—I did not go back, it would not have been fair to the prisoner—the boy saw the surgeon; he was bruised; I saw the injury myself—afterwards the constables were paraded, so that Page and Murphy could see them, on the Saturday—I was there when Murphy identified the prisoner—the prisoner was allowed to place himself among the men as he pleased, and then after Murphy had picked one constable out the boy was told to pick out the man who had assaulted Page, and he walked down the lane, looked at a man, and then turned and picked out the prisoner.
Cross-examined. The prisoner had to watch a house, and not go out of sight of it—he was not to stand absolutely stationary—he had two houses to watch, opposite each other—I did not bring the boys to identify him that night—we explained what had occurred, and asked him if he knew anything about it—all he said was "I know nothing about it"—I brought Page to point out where he was assaulted, but the prisoner was kept out of the way—three of the men among whom the prisoner was placed were men on duty on that night; the other eight could not possibly have been on the spot at the time in question.
Re-examined. No. 306 was placed to patrol the neighbourhood, and would be walking on the other side of the road; he would come from Newington Causeway—he had a beat.
ROGER HONEY (Police Sergeant M 19). At 12 o'clock on October 25th I was in charge of the Southwark Police-station when Page, Morley, and a cabman came in—Page, who was crying, made a statement to me; I looked at his right leg, and saw a mark about the size of my palm slightly discoloured.
Cross-examined. Going towards the Elephant and Castle, the next turning on the same side as and past Rockingham Street is Tarn's yard or passage about 100 yards farther on—I was present at the identification—Murphy
passed the prisoner once, and then turned and said "That is the man."
Re-examined. The prisoner was the third man from the end—Murphy went to the last man, and then turned back to the prisoner.
SAMUEL MARSH (Police Inspector M). I was called to the police-station on this night, heard about the boy having been assaulted, and found he was injured; I found the bruise—from what he said I went to the prisoner at the corner of Rockingham Street; it was about 12.45 or 1 o'clock—I found him at the corner, his proper place—I told him a boy had been assaulted, and asked him if he knew anything about it, or had seen or heard anything—he said "No," he had neither seen, nor heard, nor knew anything about it—I returned to the station, and the boy afterwards pointed out to me the place where it had occurred—I saw Murphy in the charge-room on Saturday morning; all the men were in a row, and I told the constable to bring Murphy in—I told him to walk down the line and see if he could pick out the man who came from Southwark Bridge Road—he went down the line, came back to the first man, and said "That is the man"—that was Smith 206; he was going away—I said "Now go down the line and see if you can pick me out the man that kicked Page"—he went down the line, came back to the third man, and then pointed to the prisoner, and said "That is the man."
Cross-examined. He had passed Austin three times—I was the inspector in charge of the case—I entered the prisoner's name in the defaulters' book, placed him on the report—he was taken before the superintendent, who directed him to be taken before an assistant-commissioner of police, Mr. Bruce—Mr. Bruce directed that he should be charged and locked up—I locked him up—the Magistrate said that was illegal, and ordered him to be dismissed from custody—I applied for a summons for violation of police duty, and instead of that I got a summons for a common assault through a mistake—before the assistant-commissioner the prisoner said he wished to be tried by a legal tribunal—before the district-superintendent he said he would sooner go before a Magistrate—I first saw Murphy on the Saturday morning, in the charge-room at Southwark Station, to know him as Murphy and to speak to him—I did not see him on Thursday at the Elephant and Castle to know him as Murphy—he did not say to me on the Thursday he did not know him but he knew he could pick him out—I did not mention the number 401 in Murphy's hearing I swear—if he says I did it is a mistake, and if he says he spoke to me and I to him it is a mistake, and as to the Friday that is a mistake—in the ordinary course of duty I have no jurisdiction over constables of another division—one division takes one side of New Kent Road—Tiverton Street runs out of Rockingham Street parallel to Newington Causeway—174 was on duty in Tiverton Street, which is about 44 yards from Rockingham Street; he has since been transferred for police misconduct, not for assault—it is not the first time he has been reported—I cannot say if he has been reported often—it does not lie with me to transfer men, nor does it depend on my report—174 was not with the men among whom the prisoner was placed, nor was 305; he was coming from New Kent Road; he has been reported before or since for police misconduct, not for assault.
By the COURT. 174 was absent from his post for five minutes, and I reported him.
Re-examined. The Magistrate said he could not deal with him, it being a misdemeanour he ought not to be in custody, and a summons was taken out, a summons for assault being granted instead of one for violation of duty.
---- BOWEN (Policeman M 17). On Wednesday night, 25th November, I was on duty a little before 12 in Falmouth Road, about half a mile from Rockingham Street—I know nothing about the matter.
Cross-examined. I have been on duty in Tiverton Street since this occurrence—I had to patrol that street; I never absented myself without leave except on Christmas night.
WILLIAM LUMLEY (Policeman M 305). I was on duty on Wednesday night, 25th November, about 12 o'clock, about 30 or 40 yards from the corner of Rockingham Street, patrolling there—I know nothing of this assault; I heard nothing of it, and knew nothing of it till next day about 3 a.m.
JAMES SMITH (Policeman M 206). I was on duty on the night of Wednesday, 25th November, a little before 12, in Lancaster Street—the last time I came in the Causeway was about 20 minutes past 11; after that I was 160 to 180 yards away in Lancaster Street from the scene of this occurrence—I heard no cry and know nothing of any assault—I did not go there at all.
Cross-examined. I never saw the prisoner before he was by my side before the superintendent.
By the JURY. I do not recollect anything being said by the boy on the Thursday night.
By the COURT. When I went some boys were with me, but if Murphy was there or not I don't know—I was looking for Page, and a lot of newspaper boys got round me—I only inquired of them for Page.
NOT GUILTY .
MR. RAVEN Prosecuted; MR. GEOGHEGAN Defended.
NOT GUILTY .
MR. POLAND Prosecuted.
ATHUR KENNEDY . I am 11 years old—on 11th December about 9 p.m. I saw the prisoner at the top of Hale Street, outside the Prince of Wales public-house—he told me to go and get half an ounce of tobacco next to the chemist's shop, and wrapped something up in paper—I don't know what it was—he said, "Don't lose it, Tommy"—the tobacconist's was close by—I went there and gave Catherine Edsall the florin in the paper—she gave me the tobacco and 1s. 10d. change—I saw the detectives there in plain clothes—when I went out the prisoner had gone about thirty yards from where I left him—I went and gave him the tobacco and change, and he gave me a halfpenny—two detectives then came up and took him—I did not know him before.
chemist in St. George's Road—on 11th December about 9 p.m. Kennedy came in for half an ounce of tobacco—I served him—he gave me a florin wrapped in paper; I opened it, and found it was bad, but I gave him the change, having two officers there in plain clothes, accidentally; I had not sent for them—I passed it to them, and they went out after the boy, and brought the prisoner back in about three minutes, with the tobacco, which they found upon him—I had great reason for looking at the coin as I had previously taken another.
WILLIAM WILLIAMSON . On 11th December I was with New in this shop, and saw the boy come in—he was served with some tobacco, and the last witness showed me a bad florin—I followed the boy out—he looked about as if he had lost the man, and then ran about 30 yards from the public-house to a very dark place, where the prisoner was waiting, and handed him the tobacco and change—New then went on, the prisoners left, and I went in front of him; as soon as he saw me he started off—I seized him by his collar, and said I should take him in custody for uttering counterfeit coin—he made no answer—I took from his hand 1s. 9 1/2 d. and the tobacco—I took him back to the shop, and then to the station—when we were about 10 yards from the station he said, "I got this 2s. from Billingsgate Market to-day"—I found 1d. on him—he wore a hard felt hat, and had this cap (produced) inside it—either of these would go under a coat—at Southwark Police-court, when waiting to go before the Magistrate, he said to me "They can't send me for trial for uttering one coin"—I made no answer—New was sitting down here—I don't know whether he heard it.
GUILTY *.— Twelve Months' Hard Labour.
Before Mr. Recorder.
MR. BAYLISS Prosecuted.
THOMAS COOPER . I live at 1, Cross Street, Putney, and am a gardener—on 14th December at midnight I was walking along the Lower Richmond Road, the prisoners came up and hustled me off the pavement, first on one side and then on the other—I kept them at bay, and turned sharp round Pentilow Street, which was my way home—when I got about 10 or 12 yards down I received a blow on the back of my head, and at the same time one on the upper shoulder, and at the same time I was caught by Biggs's leg, and thrown on my back, and Biggs was right across me, and the other two held me down by the shoulders; Biggs tried to get my hand out of my left coat pocket, where my purse and money were—I kept my hand there for some time, till he overpowered me and took out my purse and 6s. 6d.—the other two stood by my head till Biggs took my purse; then they all ran away—I got up and went down the Lower Richmond Road, to see if I could see them—I met a policeman, and spoke to him, and then went to the station—I had seen the three prisoners together about half an hour before in the Half Moon—I was not hurt very much—I was sober—the prisoners are the three men.
Cross-examined by Biggs. I was having drink in the Half Moon; there were several women and men there, in the public-bar; one of the women came up to me outside, and pleaded poverty, and I gave her a shilling, and she burst out laughing and ran back.
ROBERT NOTTS . I live at 3, Brewer's Yard, Putney, and am employed by Mr. Rees, a boatbuilder—about midnight on 14th December I was on my way home, I heard a noise up the road; when I got to the Half Moon I saw Green and Skelton and asked what was the matter; they gave me no answer—I followed them up behind and I saw Biggs had the prosecutor down, and was taking something out of his pocket—Green was kneeling over him, and Skelton was four or five feet away—I knew them before—they then all went away together.
FREDERICK HUMPHREYS (Policeman V 187). On the morning of the 15th, in consequence of information, I went to 2, Spring Gardens, Putney—I there found Biggs in bed—I said "Do you know anything of that affair on the Lower Common?"—he said "What affair?"—I said "A man has been knocked down and robbed"—he said "I know nothing of it"—I said "I must take you to the station"—he then made this statement, which I took down at the time: (Read: "I don't see why I should have all the blame, there are two more besides me, I don't see why I should have more than my share; here, constable, take the names of the other two; Skelton was one, and Green was the other; they know as much about the affair as I do.") I afterwards took the other two prisoners in custody—I told Green the charge on the way to the station—he said "Well, I was there with them, but I did not have any of the money, and I don't know how much was in the purse; all I know is Jubber had it, because I saw the purse in his hand"—Jubber is Biggs's nickname—when I took Skelton he said "I never had the purse; as soon as I saw Jubber with the purse I said 'Go away from me.' I was with them in the Half Moon, and went up with them, but I never touched the man."
Biggs's Statement before the Magistrate. "When I saw the prosecutor first he was in the Half Moon, drinking with a lot of men and women; he was in there an hour. I saw him come out and went straight home."
Green and Skelton said nothing.
GUILTY . BIGGS PLEADED GUILTY* to a conviction in February, 1882.— Nine Months' Hard Labour. GREEN and SKELTON.— Four Months' Hard Labour each.
241. LINCOLN JAMES LEWIS (29) and STEPHEN CHARLES WHITE (30) PLEADED GUILTY to feloniously forging and uttering an order for ten barrels of petroleum with intent to defraud. LEWIS— Twelve Months' Hard Labour. WHITE Fifteen Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
242. ROBERT JONES (22) and CHARLES SMITH (18) PLEADED GUILTY to burglary in the dwelling house of John Marsh and stealing therein a watch, chain, and other articles. JONES* also PLEADED GUILTY to a conviction of felony in October, 1884, in the name of Morris, and CHARLES SMITH* to a conviction of felony in December, 1881.— Two Years' Hard Labour each. And
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
NOT GUILTY .
Before Mr. Justice Denman.
GUILTY .— Twelve Years' Penal Servitude.
ADJOURNED TO MONDAY, FEBRUARY 8TH, 1886.