CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 8TH, 1886.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 8th, 1886, and following days.
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., and Sir ANDREW LUSK , Bart.; HENRY AARON ISAACS , Esq., and STUART KNILL , Esq., Aldermen of the said City; sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L, Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
WYNNE EDWIN BAXTER, Esq.,
CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 8th, 1886.
Before Mr. Common Serjeant.
246. CHARLES STUART COCHRANE (30) PLEADED GUILTY to two indictments for forging and uttering a transfer of shares, with intent to defraud; also to personating the owner of the said shares, with the like intent.— Eighteen Months' hard Labour.
PLEADED GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
JOHN REDDING . I am a tobacconist, of Caledonian Road, Islington—on Sunday night, 17th January, about 10 minutes to 11 o'clock, the two prisoners came in—the male prisoner asked for a cigar and the female prisoner asked for a quarter of an ounce of snuff—the man said "Give her half an ounce of snuff"—I did so; the cigar and snuff came to 5 1/2 d.; the male prisoner put down a half-crown—I took it up, tested it, and discovered it to be bad; it bent easily—I called my wife, handed her the half-crown to look at—I walked round the corner, bolted the door, and sent the servant for a policeman—the male prisoner said "I am a respectable man; I will give you my name and address"—I said "I don't know; I will have a policeman and see who and what you are, and whether you are respectable or not"—the constable came and searched him in the shop—the female prisoner was standing up when the man was being searched; she then sat down in chair about two and a half yards from the man; the constable stood close by—no bad money was found on the man—I then heard a fall of money on the floor—the woman exclaimed "I have dropped a penny—the policeman stooped down and I picked, it up at her feet; he handed it to me and he
asked what it was—I said a bad half-crown; this is it (produced)—this is the coin that was tendered.
JAMES SMITH (Policeman Y 480). On the evening of 17th January, about 10 minutes to 11, I was called to Mr. Bedding's shop, and found the two prisoners there—Mr. Bedding gave the male prisoner in custody for endeavouring to pass a bad half-crown, which he handed to me—I marked it and produce it—the prisoner said he would give me his address; "I am a respectable man; I live at 14, Clayton Street, Caledonian Road," and he had worked at Whiteley's for five year—I told him he would have to go to the station—he said he had got the half-crown in change for a half-sovereign—I found on him 6s. in silver and 6 1/2 d. in bronze, good money—at this time the female prisoner was standing in the shop—after I had searched him she sat down in the chair—I heard a chink on the floor like money falling—I said "What's that?"—she said "I have dropped a penny"—I looked on the floor at her feet and picked up this half-crown—I handed it to the last witness, and said "What is this?"—he said "A bad half-crown"—the male prisoner said she did not drop it—there was no penny on the floor; this piece of paper was found, which has a mark as if a half-crown had been enclosed in it—I was standing quite close to the woman when I heard the chink; the male prisoner was about two yards from her—I did not see her drop the coin; she is not the man's wife.
Ellen Smith. I am not his wife; I had only known him about three weeks. Witness. She was searched at the station; nothing was found on her.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these two half-crowns are bad, from different moulds—I do not see any distinct mark on this piece of paper—counterfeit coin is in the habit of being wrapped up in paper; tissue paper was generally used, but any paper is now used.
Witness for the Defence.
GEORGE CLARK (The Prisoner). I am a porter and was living with the female prisoner at 14, Clayton Street, Caledonian Road—I dropped the half-crown—when I took the female into the shop she had not the least idea that I had any counterfeit coins in my possession, nor that I was going to tender one—when the door was bolted I dropped this, and it rolled under her feet; she is perfectly innocent; I am very sorry for her.
Cross-examined. I heard her say that she had dropped a penny; I said nothing then—she had dropped a penny in the street before we went into the shop when she pulled out her handkerchief; we looked for it but could not find it.
Ellen Clark. It fell in my dress, and it dropped out in the shop.
MR. CRAUFURD Prosecuted.
in for a pound of sugar, which came to three pence—he gave me a bad half-crown in payment—I had some conversation with him and took him outside—I saw the prisoner about 20 yards from the shop; I saw a constable at the top of the street—the prisoner said to the boy" What's the matter, Tommy?" and he said to me "What are you doing with that boy?"—I said "What is that to you; I am going to take him up to the top of the street"—he came alongside of me, and snatched the boy out of my hand, took a belt off his waist, and struck me on the head with it—the prisoner and the boy ran away—I attempted to run after him, when the prisoner struck me with the belt on the ear—the—boy ran down a court; the prisoner stood at the entrance of the court and defied me to go after him—he said "Come on," and he swung the belt round his head, and threatened to strike me if I came any farther—I then lost sight of them—about half or three-quarters of an hour afterwards a constable came and fetched me to a coffee-shop in Thomas Street—I there saw the prisoner and the little boy and another one that I had not seen before (Matthews); they were all sitting together—I said "That is the one that struck me, and that is the boy"—I had left the half-crown on home; I went home and fetched it; this is it—I handed it to the constable.
DENIS CARMODY (Policeman C 394). About 6 o'clock or a little after on 13th June I met the last witness, who handed me this half-crown, and gave me some information and a description, in consequence of which I went in search of the lad Jeremiah Sullivan—I saw him about 20 minutes afterwards with the prisoner and Matthews in Gilbert Street; I kept observation on them, and saw Matthews hand something to Jeremiah, who went into an oil shop in Robert Street—he put a coin on the counter—I was on the opposite side of the road—I could see it done; there was a lamp—the other two were on the opposite side of the road, the same side as I was—I was in uniform—Jeremiah did not get anything—there was a large number of customers in the shop—he picked the coin up again, and came out and joined the other two—they went into Thomas Street, and entered a coffee shop all three together and had tea—I then sent for Pitman—he pointed to the prisoner, and said "That is the man that struck me with the belt," and pointing to Jeremiah, he said "That is the boy that brought the half-crown to my shop"—I told them I should take them in custody for uttering a counterfeit half-crown—I took them out with the assistance of another constable, and took them to the station—on Matthews I found two florins, a shilling, and fivepence in bronze, all good money—on the prisoner I found three florins, 1s. 6d. in silver, and 11 1/2 d. in bronze—nothing was found on Jeremiah—I also found on Matthews ten counterfeit half-crowns, which I produce; they were wrapped up in paper—the prisoner gave his address 178, Red Cross Street, Borough—Matthews refused his address; he said he had no Home.
He-examined. I don't know anything about hitting the man with the belt.
he then PLEADED GUILTY to a previous conviction of uttering counterfeit coin in March, 1885, (See next case.)
The evidence in the last case was read over by the shorthand writer, to which the witnesses assented.
GUILTY . JOHN MATTHEWS*.— Fifteen Months' Hard Labour.
SULLIVAN.— Eighteen Months' Hard Labour.
250. SILAS FRANCIS (17) PLEADED GUILTY to two indictments for stealing a post-letter containing three orders for the payment of money and 24 stamps, the property of Her Majesty's Postmaster-General. He received a good character.—Six Months Hard Labour.
251. JOHN TARRY (15) to attempting to have carnal knowledge of Margaret Higgins, a girl under 13 years of age.— Seven Days' Imprisonment, eight strokes with a birch rod, and two years in a reformatory school. [Pleaded guilty: See original trial image.]
MR. GILL Prosecuted. GUILTY .— Nine Months' Hard Labour.
FOURTH COURT—Monday, February 8th, 1886.
Before Robert Malcolm Kerr, Esq.
MESSRS. LLOYD and WILKINSON Prosecuted.
ELIZA HONEKER . My husband is a pork butcher, of 5, Vere Street, Clare Market—on January 1st he served the prisoner with some saveloys—I recognised her as she came in, and asked her what she had given to my husband—he then bent the coin she had given him, and gave it back to her; she paid me with twopence, and left the shop—I followed her about ten minutes, and gave her in custody—I had seen her in the shop about three weeks before, when she bought some articles and paid my husband with a half-crown—he cut it in two and threw it into the street.
JOSEPH HONEKER . On 1st January I served the prisoner with some saveloys; she gave me a florin, I clipped it in two, and gave it back to her—in consequence of something my wife said I followed the prisoner, and she was given in custody—I had seen my wife take a half-crown from her about three weeks before—I chopped it in two, and threw it into the street—there was no other half-crown in the till.
WILLIAM DAINES (Policeman E 418). On 1st January, about 9 p.m., Mr. Henniker gave the prisoner in my custody outside his shop, and charged her with uttering a florin that evening and a half-crown before—she said nothing.
NOT GUILTY .
MESSRS. LLOYD and WILKINSON Prosecuted.
FRANCIS HOPKINS . I keep a beer house in Hackney Road—on 4th January, about 8 p.m., I served the prisoner with half a pint of beer—he tendered a shilling; I gave him the change, and he left—I put the shilling in the till; there was no other shilling there—I afterwards sent it to a grocer's next door for change, and it was brought back to me—the prisoner came again next day, and tendered a shilling—I saw that it was bad before I took it up; I placed my hand on it, and gave him no change for that dulling—I charged him with passing a bad shilling the previous night—he said that he had not, he had tendered a sixpence the night before, but I am sure it was a shilling.
The Prisoner. I went in the night before and put down a sixpence, and when I put this shilling down he said it was bad; I told him I got it in change for a florin in Old Street.
ADA ELLEN FRANKLIN . I occasionally assist in the bar at this public-house—the last witness is my grandfather—he gave me a shilling on 4th January to go out and get change—I took it to Mr. Cooper, the grocer next door but one, who gave me the change—I am sure I gave him the same shilling which my grandfather gave me.
WILLIAM COOPER . I am manager to Edward Short, a grocer, of 258, Hackney Road—on 4th January, about 7 or 8 p.m., the last witness brought me a shilling—I gave her the change for it, and kept it in my hand till she was gone—I then found it was bad, and sent it back immediately by Morgan.
THOMAS WHITE (Policeman H 95). On 5th January the prisoner was given in my custody—I said, "I shall search you; have you got any more?"—he handed me a good shilling and a penny—Mr. Hopkins said that the prisoner was at his shop the night before and tendered a bad shilling—the prisoner said that he was in the shop, but he tendered a sixpence—I received these two shillings from Mr. Hopkins.
Prisoner's Defence. I changed a sixpence the night before, and I had just changed a florin. I had two shillings in my pocket; I put one shilling down, and he said it was bad; I said I did not think it was.
NOT GUILTY .
MESSRS. LLOYD and WILKINSON Prosecuted.
PHILIP ANGUS . I am money-taker at the Alhambra Theatre—on 9th January, about 7.40, the prisoner purchased two gallery tickets with a bad shillings—I told him it was bad—he said, "I did not know it"—I bent it in the tester, and gave it to him, and called the checktaker—the police were called, and he was searched—two bad shillings and a good sixpence and a penny were found on him.
By the COURT. He did not run away—I did not ask him for any money.
Reynolds, of the Strand, and afterwards that he got them in gambling in Drury Lane.
A certificate of the prisoner's good character was handed in.
NOT GUILTY .
The two children through whose agency the prisoner attempted to past the coins being too young to understand the nature of an oath, the COURT directed a verdict of
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
JENNIE NEWTON . I am barmaid at the Union public-house, Haymarket—on 25th January I served the prisoner with some ale and tobacco, price 2d.—he gave me a florin—I felt it, and then weighed it—it would not go through the tester, and I told him it was bad; he said that he did not know it; I gave it back to him, and he left—he came again next morning for some drink and tobacco, which came to 2d., and gave me a half-crown—I said, "You came yesterday and got nothing, and now come again; you don't have this back, and you will have no change; where did you get this?"—he said, "In the market"—he drank the beer and paid with a penny, and I took the tobacco back—I told him if I had had some one there I would have had him locked up, and told him to tell the potman, who was outside, to come in, but he ran out—the potman brought him back—I gave the half-crown to the policeman.
Cross-examined by the Prisoner. I did not give you in charge the day before because I was alone in the bar—I recognised you immediately you came in the second time, and before I took your money—I swear to you.
ARTHUR JESSE GIBBS . I am potman at 26, Poultney Street—I was outside the Union public-house and saw the prisoner run out; I ran after him and caught him, and he said "I am not guilty"—I said "You will have to come back"—he went back, and Miss Newton gave him in charge—nothing was found on him—I went to the station, and as I came back along Jermyn Street I picked up this florin in the road, on the spot which the prisoner had gone over.
Cross-examined. I did not say "You have passed a bad half-crown in the Haymarket" before you said "I am not guilty"—I did not take you back and take a bad florin out and say somebody has passed this, and you will have to suffer for it.
JAMES BURTON (Policeman C 150). I was called and took the prisoner—I found nothing on him—I received this half-crown from Miss Newton and this florin from Gibbs—the prisoner said he got the half-crown from Covent Garden, where he worked as a porter—she said that he was there a month previously and passed a bad coin—he said that he was never in the house before.
By the COURT. I do not remember the potman saying anything about
a florin while I was in the house; it was not till after I took the prisoner to the station.
The prisoner in his defence stated that he got the half-crown in Covent Garden Market, and that he could point out the man who gave it him, and that the potman stated that somebody had passed a bad florin and he would have to suffer for it.
NOT GUILTY .
MESSRS. LLOYD and WILKINSON Prosecuted.
WILLIAM GEORGE FLECK . I am a baker of 53, Amwell Street, Clerkenwell—on 20th January, about 5 o'clock, I served the prisoner with a half-quartern loaf, price 2 3/4 d.; he gave me a florin—I gave him the change and put it in the till—there was no other florin there—I afterwards found it was bad—this is it—I saw the prisoner at the station the next week with five or six others and recognised him.
JOHN BRADMAN . I am a butcher of 20, Amwell Street, Clerkenwell—on 20th January I served the prisoner with some meat, price 5d.—he gave me a half-crown—I told him it was bad—he said "I have just taken it in change for a half-sovereign in White Lion Street, in a public-house"—I said "I don't believe you," and asked if he had got any more money—he produced 13s. or 14s. which I believe were good—I gave him in custody—he said that he got the coin in change in the Caledonian Road.
JOHN BUTLER (Policeman G 29). The prisoner was given into my custody—he said he changed a half-sovereign in Caledonian Road—I asked him the name of the public-house—he said he did not know—I asked where he lived—he said he should not tell me because he did not want to get his employer into trouble—Mr. Bradman gave me this half-crown—when I was going to search the prisoner at the station he threw this piece of tissue paper behind a seat, it had the print of a coin on it, which is here now—I afterwards placed him with seven or eight others, and Mr. Fleck picked him out and gave me this florin.
The prisoner in his defence stated that he was a carrot hawker, and received the coins in change.
NOT GUILTY .
MESSRS. LLOYD and WILKINSON Prosecuted.
ANNIE COLGATE . My father is a hosier, at Church Street, Chiswick—on January 8th, about 4 p.m., I served the prisoner with some socks, price 2 3/4 d.; he gave me a half-crown; I gave it to my mother in the kitchen, went back to the shop, and the prisoner had gone—he came again on the 16th, my mother called me into the shop, gave me a half-crown and said "Go and take it to the Lamb and see if it is a good one"—the prisoner heard that, and when I came back to the shop he had run away—he had got the change.
ANNIE COLGATE, SEN . My husband is a hosier—on 8th January my daughter showed me a half-crown—I threw it on the fire and it melted quickly—on January 15th I served the prisoner with some black cotton; he tendered a half-crown, which I gave to my daughter with instructions
—lie saw her go out, and I think he heard what I said, he seemed very uneasy—I went to the door to see if she was coming, and he ran away—I asked her in his presence if he was the man who tendered her a half-crown—she said "Yes, mother, I am sure it is him."
SARAH JANE FOXALL . I am manageress to Mr. Smyth, of the Cadogan Arms—on January 16th about 5 o'clock the prisoner came in for half-a-quartern of rum, and tendered half-a-crown to the barmaid, who handed it to me—I found it was bad and asked the prisoner where he got it—he said "A man gave it to me standing at the corner of Portland Square"—I called Mr. Smyth, and the prisoner was given in custody—this is the coin.
KEEBLE EDWARD SMYTHE . On January 16th Miss Foxall brought me a half-crown, and I asked the prisoner, who was at the bar, where he got it—he said a man at the corner of Portland Square sent him in to get the rum, and gave him 1d. for his trouble—he brought a bottle—I said "You walk on in front of me and if you can, catch hold of the man"—I followed him, he hesitated, and I said "You must come to the station with me and give a description"—on the way he ran away, but a friend of mine caught him.
GEORGE JEFFERY (Policeman T). I took the prisoner and received this half-crown from Mr. Smythe—he said when he was charged that he met a man at the corner of Portland Square who said "Boy, do you want to earn a penny?"—he said "I don't mind; and he gave me a half-crown and a penny, and told me to go and get half a quartern of the best rum, and when I went back he had gone"—I found on him a penny and a bottle of rum.
The prisoner in his statement before the Magistrate said that a man had sent him into both shops to pass the coins.
GUILTY.*†— Judgment respited.
MESSRS. CRAUFURD and LLOYD Prosecuted.
WILLIAM COOK . I am errand boy at Woodbridge Street, Clerkenwell—about a fortnight before Christmas I met the male prisoner at the corner of Old Street; he gave me a half-crown and asked me to get a quartern of whisky in a bottle at the corner of the road, and he would give me 2d. for myself—I went to the Hat and Feathers, got the whisky and change, went to the place where I had left the prisoner, but he had gone—the governor of the public-house was following me.
Cross-examined by Woodhouse. I next saw you at Bagnigge Wells Station and said "I think that is the man"—you then looked up, and I said "Yes, that is the man."
Re-examined. I picked him out from a row of men.
FREDERICK WILLIAM BARBER . I am barman at the Hat and Feathers, Goswell Road—on 14th December about 8.30 I served Cook with a quartern of whisky in a bottle—he gave me a bad half-crown—I gave him his full change and the whisky, and he went out—I marked the coin on the ear; this is it.
JOHN CLARK . I am manager of the Hat and Feathers—on 4th December between 8 and 9 Cook came in and asked the barman for a quartern of whisky—the barman handed me a half-crown—I instructed the boy and followed him—he crossed the road and appeared to be looking for some one, and then looked the other way—I asked him what he was doing, and he said something to me—another boy had brought me a half-crown a few minutes before—the inspector came up while Cook was there—he went back with me to the house—I gave him the half-crown, and it was marked—I examined the till within a few minutes and found two more, making four.
Cross-examined by Woodhouse. I could see that the boy was confused, and crossed the road to him.
HARRY DIDDAMS (Police Sergeant G). On the morning of 9th January I went with Field and other officers to 46, Corporation Bow, Clerkenwell, with a search warrant, and found six people in one bed and three in another, two men and a woman between them—we asked for Jones and Woodhouse—the two prisoners sat up in bed and said "Here we are"—I searched the drawers and found this tissue paper, which is used by coiners—Sergeant Nash came into the room and said "I have found some counterfeit coin"—Jones said "God blind me, this is young joe's plant; I never was a policeman, but if this is going to be given against me I will be a policeman now; what I have done myself I will stand to; I believe in being a b—good thief, but I never put down bad shillings"—when they were charged at the station Jones said to the inspector "You go and get Bendigo"—Woodhouse said that a man named Moody had been charged with uttering a bad half-sovereign at Luton and got off—I found on the wall this photograph (produced) of a man named Mansell, who was sentenced here last session to 18 months' for coining—he is in the uniform of a soldier.
WILLIAM NASH (Police Sergeant G). I went with Sergeant Diddams and Inspector Peel and saw the prisoners—I examined the yard and found in the framework of the closet a packet containing five bad half-crowns and five bad shillings wrapped separately in tissue paper, similar to that found—I went to the station and heard Woodhouse say "Young Moody put the money there; he has got off to Luton for 12 months; if you get Bendigo and Flannigan you will get the right people"—Flannigan is in custody. (See p. 360).
WILLIAM PEEL (Police Inspector G). I went into the water-closet with Nash and saw him find the coin under the seat—on 14th December I was passing the Hat and Feathers, Mr. Clark called me in and showed me this bad half-crown—I marked it—these are the other three coins.
Woodhouse's Defence. Who is the most likely person for these coins to belong to: to the persons who have been convicted and who have been getting their living that way all their lives, or to a chap like me? The street door is open all day and all night. I have never been charged before for the same thing, but one man was discharged from this Court and from Luton.
Jones's Defence. I know no more about it than a child unborn, but
there is a woman in the kitchen who gets her living by counterfeit coin. I own to being a thief, but as to putting bad money down I never did.
WOODHOUSE— GUILTY.**— Twelve Months' Hard Labour.
JONES— NOT GUILTY .
OLD COURT.—Tuesday, February 9th, 1886.
Before Mr. Common Serjeant.
265. WALTER MARX (15) to two indictments for forging and uttering orders for the payment of 10l. and 15l. with intent to defraud.— To enter into recognizance's to appear for judgment. [Pleaded guilty: See original trial image.]
266. WILLIAM BREW (46) , Unlawfully failing to discover to his trustee in bankruptcy the disposition of the sum of 200l., also for obtaining on credit witnin four months of his bankruptcy three securities for 236l.
MESSRS GRAIN and WOODFALL Prosecuted; MESSRS. MEAD and PARKER Defended.
One of the jurors having been taken ill during the progress of the trial, and not being able again to attend, the Jury were discharged without giving any verdict, and the case was postponed to the next Session.
FOURTH COURT.—Tuesday, February 9th, 1886.
Before Mr. Commissioner Kerr.
MR. LLOYD Prosecuted.
FREDERICK HORRELL . I live at Tottenham Green with my father and mother—about 6.30 p.m. on 12th December I was going to Mr. Taylor's, the linendraper's, and met the prisoner—he asked me if I could run on an errand for him—I said yes—he took a bottle out of his pocket and told me to get a quartern of gin, because his wife was ill—he gave me a half-sovereign wrapped in paper and said it was a half-sovereign; I was not to lose it—I got the whisky at the Crown and Anchor—the barmaid took the coin out of the paper and gave me 9s. 6d. change—I returned to the prisoner and gave him the whisky and the change—he gave me 6d.—I then went on to the linendraper's, about five minutes' walk off, and on coming back the prisoner came from across the road and asked me if I was not the boy who went before—I said yes—he gave me a half-sovereign wrapped in paper and told me he had left the bottle upstairs, and asked me to pay for one—the same barmaid served me and again took the money out of the paper and gave me the change—I was a long time in the public-house, and when I got out I had to wait two or three minutes—he came from the other side of the road as before, and took the change and the gin from me—he asked me to return him the
sixpence he had given me before, and he would give me a shilling—he did so—I saw no more of him till 3rd February, when I picked him out from about half a dozen others at Clerkenwell Police-station—I have no doubt he is the man.
Cross-examined by the Prisoner. I went to Dalston Police-station on the 4th—I was twice told to look and see if I could identify you—I did not see you then—a long time afterwards I was taken to Clerken-well, where I saw you with a number of others, and recognised you the first time.
ADA CLARK . I am barmaid at the Grown and Anchor, Chiswick—on 12th December Hoyle came in between six and seven for a quartern of gin in a bottle—Iserved him; he gave me a half-sovereign in paper—I undid it, gave him 9s. 6d. change, and put the coin on the cheffonier—the same boy came in again—I did not notice him at the time, and served him with half a quartern of rum, and he again gave me a coin wrapped in paper, which I put on the cheffonier beside the other, and gave him change—the two coins were left there till another child came in—Mr. Rogers is the landlord—we sometimes get sovereigns or half-sovereigns wrapped in paper when children come in.
HENRY DIDDAMS (Police Sergeant G). On 30th January I was with Nash in Little Nelson Street, and saw the prisoner come down the street—I let him go past, and then went up and said "Your name is Bendigo," which name I knew him under—he said "No"—I said "I am going to take you in custody on suspicion of uttering counterfeit coin"—I got on one side of him and Nash on the other—he became very violent and threw himself down, and we had to obtain assistance of other constables till we got him to the station—there were four or five of us—at the station he was still more violent, three held him and I searched him—in his coat pocket we found five counterfeit half-crowns wrapped separately in paper—he said "You b—s—, you have put them there"—I had not done so.
Cross-examined by the Prisoner. I saw you coming up Nelson Street at 1.30; I was behind a hoarding—you went past your house and came down to the bottom of the street again—it is a blind turning, and I waited for you about 50 yards off—you could have got rid of anything you wanted to—when I told you the charge you said "You have made a mistake"—you asked me what I had in my hand, and I held up my glove and my stick—your violence was in throwing yourself down—you did not attempt to strike me—you did not cry out to a man to come and feel in your pockets.
WILLIAM NASH (Detective Sergeant G). I was with Diddams when the prisoner was taken—he struggled—we got the assistance of some uniform constables and went to the station—we were in plain clothes—I saw Didums take five half-crowns from his left-hand coat pocket—I did not see him put them into the pocket—they were wrapped in paper—the
prisoner said to Didums "What have you got in your hand?"—he said "I have nothing except my glove and stick," and he held up his left hand.
Cross-examined. You did not cry out on the way to the station for a man to feel in your pocket—a man came to the station—you did not ask him to do so—just before we got to the station we had to get the assistance of the uniform constables.
GUILTY on Second Count — Eight Months' Hard Lab ur.
MESRS. LLOYD and WILKINSON Prosecuted.
RICHARD WALKDEN . I am seven years old—I live at 90, Francis Road, Dalston—on 19th November about 4 o'clock I was in Myddelton Road with George Mansfield, and the prisoner came up and asked me to go and get him half a quartern of gin, and gave me something like money wrapped in paper—I went to a public-house, asked for the gin, and gave the money to the lady and got the change, which I gave to the prisoner, who was standing where I had left him—he offered me a penny, but I would not take it—about 10 minutes afterwards I saw the prisoner again, and he asked me to get him a half-quartern of brandy, and gave me something like money in paper—I went to the same public-house, got the brandy from the same lady, who said that the half-sovereign was bad—I went out with the potman, but could not see the prisoner—I afterwards saw him at the station with a lot of men and picked him out.
GEORGE MANSFIELD . I am a printer, of 121, Queen's Road, Dalston—I was with Walkden and saw the prisoner offer him a penny, but he would not take it—he sent him for a half-quartern of gin and gave him something wrapped in paper—the prisoner came back in about 20 minutes and asked Walkden to get half a quartern of pale brandy—I went to the public-house with him, and when we came out the prisoner had gone—I saw him with a lot more the first Monday in January at Dalston Station and picked him out—I am sure he is the man.
ELIZABETH CUTMER . I am employed at the Myddelton Arms, Dalston—on 19th November Walkden came in for half a quartern of gin in a bottle, and gave me, as I supposed, a half-sovereign in paper, and I gave him the change, and put the coin on a shelf—about ten minutes afterwards Walkden brought the same bottle which I had given him before, and asked for half a quartern of brandy, and gave me a half-sovereign wrapped in paper as before—I paid "This is a dark looking one, like the one you brought before"—I compared them, found them both bad, and gave them to the constable.
FREDERICK MARTIN . I am 14 years old, and work at a baker's—on 26th November, about 7.15, I saw the prisoner outside St. Bartholomew's Hospital—he said "Go and get a quartern of rum in a bottle"—he gave me what I thought was a half-sovereign in paper, and told me to go to the Crown Tavern—I went there, and gave it to the landlord—he said something, and I went out in front of him, but could not see the prisoner
—I picked him out at Dalston Station on January 1st from a dozen others.
FREDERICK YORK . I am landlord of the Crown Tavern, West Smith-field—Martin brought me a bad half-sovereign in paper; I tried it with aqua fortis, and found it bad—I sent the boy out, and followed him—this is the coin; I gave it to the police.
ERNEST LINDLE . I am six years old—I was playing one evening outside the Trafalgar public-house, and the prisoner came up and said "Go and get me some gin"—he gave me a half-sovereign in paper—I went to the Trafalgar, and offered it to Mr. Arnold, who gave me something in a bottle and the change, and I gave them to the prisoner.
THOMAS ARNOLD . I keep the Trafalgar public-house, Peckham—on 2nd September Tindal came in for a quartern of gin in a bottle, and gave me a supposed half-sovereign—I put it on a shelf, and gave him the change; I afterwards found it was bad, and gave it to the police—this is it.
RICHARD NURSEY (Detective Officer N). On 19th November I received these two bad half-sovereigns from Cutmer—they were marked in my presence—I took a description of the prisoner, and on January 4th I arrested him, and told him the charge—he said "All right"—I took him to the station, placed him with a dozen others, and he was picked out by different witnesses.
He then PLEADED GUILTY to a conviction of a like offence at this Court in July, 1884.— Eight Months' Hard Labour.
MESSRS. LLOYD and WILKINSON Prosecuted.
ALICE ESSLAND . I am barmaid at the Cock and Bottle, Cannon Street—on 29th January, about 7 p.m., the prisoner came in for some drink, which came to three halfpence, and gave me a bad florin; it bent easily—I gave it back to him; he gave me a good half-crown, and I gave him the change.
ANDREW HARRY ADAMS . I am manager to Tubb and Louis, of the Portland Arms, West Smithfield—on 29th January, about 8.30 p.m., the prisoner came in for a pennyworth of gin and gave me a bad shilling—I broke a piece out of it—he said that he must have got it in change for a sovereign at the East End—I gave him in custody.
Cross-examined by the Prisoner. I passed it round to several persons in the bar, and kept you talking till a policeman came—you waited about five minutes, and had a pennyworth of tobacco afterwards, and gave me a good florin.
JOHN SULLIVAN (City Policeman 245). I was called, and took the prisoner—I asked him how he accounted for the coin—he said that he got it in change for a sovereign in Whitechapel Road—I searched him at the station, and found two half-crowns, a shilling, a sixpence, and 4 1/2 d., all good—I received this shilling from Mr. Adams.
The prisoner in his defence stated that the coin was given to him in change when he toot drunk.
GUILTY .— Eight Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
ROBERT FARMER . I am a fruiterer—on 12th January, about 1 a.m., I heard the wooden shutter creak, and saw the prisoner there with a man, who ran away—I asked the prisoner what he was doing with the shutter—he said "Nothing"—I found it was pulled out from the slab three-quarters of an inch—I had seen it safe at 9.30 p.m.
JAMES HAMMOND (Policeman G 462). On 14th January, about 1 a.m., I was on duty in Old Street—Mr. Farmer called me across, and charged the prisoner with attempted burglary—he said that he had done nothing—I found the shutters moved about three-quarters of an inch—I found nothing on him.
The prisoner in his defence stated that the prosecutor was standing at his shop door as he passed, and telling him that he was destitute, promised to give him 6d. if he would wait, and that he waited till a policeman came, and was given in charge.
NOT GUILTY .
MR. GEOGHEGAN Prosecuted; MR. BURNIE Defended.
GEORGE KNIGHT . I am a labourer, and live at Enfield—on 9th January, about 9 o'clock, I was in Hampstead Road in a public-house—the two prisoners pulled me about and would not let me go out—I got out and went down Silver Street and they got hold of me and would not leave me alone—I had a half-sovereign and 9s., and going down Fighting Cock Lane they pulled me about again and one hit me on one side and one on the other side and on my nose, mouth and ear, and I fell, and one of them put his hand in my pocket and took my money out—I met a policeman and told him—I saw the prisoners next day with eight men and picked them out.
Cross-examined. I had had a little drop of drink but was quite sober—I walked home.
JOHN BUNTING . I am acting police sergeant at Enfield—on January 9th I was on duty in Fighting Cock Lane and saw the prisoners close to me—Anderson said to Gritty, "If the b—is there I will b—y well settle him"—I knew them by sight—I went about 100 yards farther towards the Wheat Sheaf and met Knight, who made a statement to me, and I went in search of the prisoners but could not find them that night—I went to the Ridgway Tavern on Sunday evening about a quarter to 8 and saw Anderson—Sergeant Kean took him in custody, and brought Gritty to the station the same Sunday evening, and Knight picked them out—Fighting Cock Lane is a lonely neighbourhood, there are fields on both sides.
MICHAEL KEAN (Detective Sergeant). On Sunday, January 10th, I took Gritty outside the Holly Bush and told him the charge—he said, "I will go with you, I am innocent"—going to the station he said, "Me and
Anderson saw a man drunk in the road and before that we saw him at the Nag's Head"—about 8 the same evening I went to the Ridgway Tavern and took Anderson—I told him the charge; he said, "I have nothing to say, I know nothing about Gritty"—I wrote this paper (produced)—it was read over to the prisoners and they marked it.
The Prisoners' Statements before the Magistrate. Gritty says: "On Saturday night, the 9th instant, me and Anderson were going up Silver Street, and saw the prosecutor lying on the road drunk; we picked him up and took him up the street as far as the Wheatsheaf, Silver Street, and saw no more of him." Anderson says: "That is right."
GUILTY .— Twelve Months' Hard Labour each.
MR. GEOGHEGAN Prosecuted; MR. BURNIE Defended.
ANNIE STYLES . I did live at 53, Pembroke Street, Islington, but not now—I know the defendant by sight—I saw her about 12 or 12.30 on January 8th at Station Road, Highbury, quarrelling with a woman—I said, "Don't interfere with that little woman"—she turned round with a bottle of beer in her hand—I warded off the blow and the bottle fell on the pavement and smashed in pieces, and she took a piece of it and put it in her mouth and carried it as far as Park Street, which I had to pass going home, and took the piece of glass out of her mouth and said, "I am an Irish girl"—as I was speaking to a gentleman she hit me with the glass over my eye and cut my cheek—I struggled with her against the shutters, but that is all I remember—I had had no quarrel with her before.
JAMES WARRENNER . I am a cabman—on January 8th, about 12.45 a.m., I was outside the Cock at Highbury and saw the prosecutrix and prisoner smacking each other's faces—the prisoner had a quart ale bottle which got broken in the struggle, and the prisoner picked the bottom part up and walked as far as Park Street with it in her hand—the prosecutrix walked that way as well, and all of a sudden the prisoner rushed at her and cut her over the eye with the glass, and she fell—the prisoner ran up Park Street, and I caught her.
Cross-examined. I do not know what they were quarrelling about, it may have been about me—I never saw them before, but I stood drink to the prisoner.
ADA NEWTON . On 8th January, about 12.30 a.m., I was in Park Street, and saw the prisoner strike the prosecutrix with a piece of a bottle somewhere about the eye—she poured with blood, but did not fall—a policeman separated them—I actually saw the glass in her hand, and called out to the prosecutrix that she was going to hit her with something in her hand.
Cross-examined. I heard the prisoner say that the prosecutrix had knocked a bottle out of her hand and smashed it.
FRANCIS JOHN BUCKLE , B.M. I live at 32, Canonbury Square—on 8th January the prosecutrix was brought to my surgery, suffering from a long, lacerated wound in the inner corner of her right eye—it was not very deep—the bottom of a bottle would produce it.
Cross-examined. I examined the wound yesterday, it has healed—I cannot say whether it is necessary for her to wear that black bandage, as she has not been under my care lately.
THOMAS CHANDLER (Policeman N 425). On 8th January I was on duty in Upper Street, heard cries, and saw the prosecutrix bleeding from her right cheek—the prisoner's face was covered with blood too—they were both under the influence of drink.
Cross-examined. The prisoner said that the prosecutrix had struck her and knocked her bottle out of her hand, but denied striking the prosecutrix with it—I cannot swear that there was not a cut over the prisoner's eye.
Re-examined. The prisoner did not ask for a doctor at the station, and none was called.
JAMES VENNING (Police Inspector N). I was on duty at the station when the prisoner was brought in; she was bleeding from a cut over her left eye—I asked her how it was occasioned—she said that the prosecutrix had struck her first—she did not say what with, but I understood that it was done with her fist—the prosecutrix was suffering from a wound under her eye, and charged the prisoner with assaulting her—the prisoner said "She struck me first, and I struck her in self-defence"—they were both under the influence of drink.
Cross-examined. She said she did not strike the prosecutrix intentionally with the glass.
Re-examined. It was not exactly that—she said "I did not mean to strike her in the face."
NOT GUILTY .
273. WILLIAM GIBSON (32) , Burglary in the dwelling-house of William Green, and stealing five bottles of brandy, cigars, and other articles, his property, and a bag, a coat, and hat, the property of Charles Franklin.
MR. GEOGHEGAN Prosecuted.
CHARLES FRANKLIN . I am manager to William Green, of the Builders' Arms, Hammersmith—on January 5th, about 12.30 a.m., I locked up the premises—I came down at 7 next morning, and found the bagatelle window open, and a pair of steps placed against the wall under the window—I missed from the bar five bottles of brandy, two of whisky, 11 boxes of cigars, some tobacco, and other property, which I found in a black bag, placed close to the outer door, ready for removal—I went into the bar, and found the prisoner asleep with a half-pint tumbler of neat gin in front of him—I asked him what he was doing—he said "There are two others here"—I said "You will stay there," and fetched a constable—the police showed me the prisoner's under-coat at the station, it belonged to me—I saw some tobacco and cigars found in his pocket; I sell similar tobacco and cigars.
Prisoner's Defence. I did not break into the house, I went in at the front door; I was there all day playing at bagatelle, and some chaps said "Come along, I know where to get some gin;" I went with them and had some, and slept till the next morning.
He than PLEADED GUILTY to a conviction at Hammersmith on June 29th, 1885.— Twelve Months' Hard Labour.
MR. WELLS Prosecuted; MR. GEOGHEGAN Defended.
WILLIAM GEORGE WHITE . I am porter to Mr. Fisher, of 108, Strand—on Sunday, January 7th, I left my house about 10.45, and looked it up, leaving everything safe, and no one there—I returned at 11.45, got in with a latch-key, and found the parlour door broken open, and a desk taken off the drawers, and forced open, and I missed 1l. 11l. out of it, and some picture cord, and a gold ring with a stone out—I have not seen them since.
ALICE FOWLER . I live at 30, Union Street, Pimlico—on the night of 17th January I was at my father's door about 10 o'clock, right opposite where this robbery took place, and saw two men come out of Mr. White's front door—I can't say whether they were carrying anything, as it was so dark.
WILLIAM PUGSLEY (Police Sergeant). On 21st January I took the prisoner, he was wearing this chain, attached to a watch ease—I searched his house and found some portions of a broken silver bangle—he was charged with burglary, and made no reply.
ALBERT WITHERS (Policeman). I found this jemmy at the prisoner's house; I compared it with marks at the prosecutor's house on two parlour doors, and in the first floor bedroom, and it corresponded exactly.
Cross-examined. The police have never been able to discover a jimmy manufactory; I do not know that they are made by hundreds in Birmingham.
W. G. WHITE (Re-examined). This chain it mine, and so is this bangle.
Cross-examined. The total value of what I lost is 7l.—this chain is brass; I bought it of a friend—you can buy them by hundreds in Petticoat Lane—the bangle is silver—I identify it because it has been mended with solder in the middle—I used to wear a pencil on this chain; it dropped off, and the ring remains.
A. WITHERS (Re-examined by MR. GEOGHEGAN). There were a great many other people living in the house—the prisoner is married and has three children; they occupy only one room, the back kitchen—the jimmy was found in a corner near the fireplace—some remark was made to Sergeant Pugsley about the things being given to the children—I have made inquiries about the prisoner; he has not been convicted to my knowledge.
NOT GUILTY .
MR. WELLS Prosecuted; MR. GEOGHEGAN Defended.
ELIZA MARTIN . I am the wife of William Martin, of 80, High Street, Marylebone, and work at 16, Beaumont street, for Mr. Arnell—on Tuesday, 19th January, at 10 a.m. I locked up the house, and returned about 9.15 p.m.—I let myself in with the key—the door opened easily,
and I noticed a candle on the carpet—I found the dining-room all in confusion; a writing-case was on the floor, and everything strewed about—I missed a clock from the mantelpiece and these salt cellars and mustard pot (produced)—they are Mr. Arnell's property—I also missed some silver spoons which are not here.
Cross-examined. I also missed a tablecloth and a nightdress—I have seen the nightdress since—all the property has been recovered.
WILLIAM PUGSLEY (Police Sergeant). On 21st January I went with Withers to 10 Nassau Street, saw the prisoner, and said I wanted an explanation of what he was doing, in loitering about Beaumont Street on the night of the 19th—he said "I was not there; I know nothing about it"—Sergeant Withers found this clock on the table, and I said that he would be charged with breaking into the house and stealing it—he said "It was left here by two men"—I asked him who they were—he said he did not know them, but he thought they were dealers from Debenham's.
Cross-examined. The salt cellars and clock are not new—Debenham's is a place where second-hand things are sold.
ALBERT WITHERS . I went with Pugsley to this house and found the articles produced and this jemmy—I compared it with the marks at 26, Beamont Street, and found it had been inserted between the door and the lintel—there was a mark which fitted the broad end of it exactly.
GUILTY .†— Eighteen Months' Hard Labour.
276. FREDERICK SAUNDERS (23) PLEADED GUILTY to obtaining an album by false pretences from Frederick Thomas White with intent to defraud, and from Graham Harrison Hollingsworth a leather bag and jewel case, and to attempting to obtain from Thomas Hugger a workbox with a like intent.— Twelve Months' Hard Labour.
279. ERNEST EASTERBROOK (21) and CHARLES DENNY (18) to burglary in the dwelling house of Frank Layard Howard Collins, and stealing two books and other articles value 5l., Easterbrook having been convicted at Clerkenwell in 1882.— EASTERBROOK— Eighteen Months,' Hard Labour. DENNY— Twelve Months' Hard Labour. And [Pleaded guilty: See original trial image.]
280. JOHN CHARLES WICKS (20) to robbery with violence on Letty Webb and stealing a bag and other articles, also to robbery with violence on Alice Arnold and stealing a bag and 5s., also to a robbery on Casey Henshall and stealing a handbag and other articles his property, and to a previous conviction at Clerkenwell in 1884.— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, February 10th, 1885.
Before Mr. Justice Denman.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN
ESTHER PLAISTOW . I live at 5, Cadiz Street, Stepney—the prisoner is the landlord of that house—he had a wife named Jessie, she lived there with him—on Saturday, 9th January, between 8 and half-past, I was upstairs with my mother and heard Mrs. Smith come in—shortly after that I heard Mr. Smith say, "I want that big lamp"—she said, "You shan't have it"—he said he would have it—we then heard a noise like struggling, and after that they went downstairs into the basement, and soon after that I heard screaming against the kitchen door—I went down, and when I got down there I saw Mrs. Smith standing in flames between the kitchen door and the yard door—the prisoner was standing inside the kitchen door about five or six feet from her—I saw the large lamp broken on the floor, the wick was burning—the prisoner had a small lamp in his hand, and as I got down he threw it at her and said, "Take that"—I screamed up to my mother that the house was on fire—she came down and I ran into the street and screamed "Fire"—I did not go back again—the prisoner went into the kitchen and did not in any way try to put out the flames or help his wife.
Cross-examined. I had not seen the prisoner before that day—he was very drunk then—the pieces of the large lamp and the burning wick were lying at Mrs. Smith's feet, and part of the floor was burning close to her—the small lamp was a common penny paraffin lamp.
CAROLINE PLAISTOW . I am a widow, and live at prisoner's house, 5, Cadiz Street, Stepney—it is a three roomed house, the basement, ground floor, and my room upstairs—on Saturday night, 9th January, I was sitting in my room with my daughter and Mrs. Smith called up for a light from the ground floor—I sent my little boy down with a piece of lighted candle, and he remained down there—after that I heard Mr. Smith come up from the kitchen and say he would have the large lamp; she said he should not have it—I heard her say again that he should not have it, that he had two small lamps down in the Kitchen, and that was light enough for him—I then heard Mr. Smith go down the kitchen stairs, Mrs. Smith followed him; he said, "You shan't have it, I will have it"—about five minutes after that I heard Mrs. Smith screaming and sent my daughter down; she screamed "Mother, come down"—I went into the basement and saw Mrs. Smith in flames standing between the kitchen door and the yard door, she was screaming; the prisoner was standing close to her looking at her—as I stood there he had the small lamp in his hand, and he threw it at her and said, "Take that"—I couldn't say where it struck her or whether it struck her at all; she was then in flames, and I saw the remains of the large lamp at her feet—I then went away, and Mr. Calvert, a friend of mine, came down; I handed him a pail of water from my room, I couldn't find rugs; another pailful was handed in from the street door and the flames were put out—the prisoner did nothing to put the flames out, he was much the worse for drink—I had seen him earlier in the day, between 2 and 3 o'clock, he was very drunk then; he came home about a quarter past 2 in the afternoon, as far as I know he didn't go out again.
Cross-examined. He remained indoors drinking rum the whole time—I can't say whether he took the large lamp out of her hand and went down-stairs and she followed him, I didn't see him do it—I visited the deceased at the hospital twice on Saturday evening and twice on Sunday evening;
I did not speak to her about this matter, she was too ill—I gave my evidence at the Coroner's inquest.
JOHN PLAISTOW . I am seven years old, and live with my mother—on this Saturday night I was in the parlour on the ground floor, my mother had given me a piece of candle—I opened the door for Mrs. Smith, and she ht the big lamp from the candle—the prisoner then came up from the kitchen into the parlour and said he should have the lamp, and Mrs. Smith said he should not—he went back into the kitchen and came back with two little lamps and threw them at her and said "Take that"—when Mrs. Smith said "You shan't have it" he took it away from her and threw it at her—they went downstairs to the kitchen floor, I don't know which went first, he had got the lamp in his hand and he threw it at her, he was then between the kitchen door and the yard door; I saw it, I am quite sure about it—after that he went into the kitchen and got the two little lamps—I screamed up to my mother and my sister came down; Mrs. Smith was in flames.
Cross-examined. My sister saw one of the lamps thrown and my mother one—he had the lamp at the bottom of the stairs, and she said "I will have the lamp," and snatched at it, and they each tried to get hold of it; he said "Take that" when he threw the little lamp at her—he got as far as the kitchen door, and then threw it at her with one hand.
RICHARD CALVERT . I am a traveller, and live at 1, Liddiard Street, Stepney—on 9th January I called to see Mrs. plaistow at 5, Cadiz Street—I was there about five o'clock—her daughter was there—I saw the little bay leave the room and go downstairs with a light to give Mrs. Smith—I heard the street-door open, and soon after that I heard a jangling between Mr. and Mrs. Smith about a lamp—Mrs. Smith said "My daughter made me a present of this; you have two lamps in the kitchen, they are enough for you—I then heard them go downstairs—about a quarter of an hour or 20 minutes after that I heard a kind of a shriek—the daughter went down, and she screamed up "Mother, mother, come down, the house is on fire"—the mother then went down—the boy had not come back, he remained down there—I then went down into the basement and saw the deceased in flames—a pail of water was obtained, and I threw it on her and put the fire out—I then went into the kitchen, and saw the prisoner sitting in a chair in front of the fire; he did not speak to me, he appeared to be intoxicated—the deceased had then been carried upstairs by Mr. Steele.
WILLIAM STEELE . I am a labourer, and live at 10, Cadiz Street—on 9th January, about half-past eight, I was in my room, and heard cries of "Help" and "Fire"—I went to No. 5, that is a little to the right of my house, and saw Mrs. Smith lying in the passage with her shawl on and her clothes smouldering—I carried her on to the ground floor, and sent for a cab—I saw the prisoner standing at the kitchen door with a little lamp in his hand—I said "You ought to be ashamed of yourself, Mr. Smith"—he made use of some expressions, and said "Serve her right"—he was drunk.
Cross-examined. The prisoner was very much the worse for liquor—I know him very well.
ALFRED GUOLD (Detective). On Saturday, the 9th, about 12 at night, I went to 5, Cadiz Street with Detective Payne—I saw the prisoner lying on a bed in the basement, fully dressed—I shook him up, and told him
we were police officers, and we should take him into custody for causing bodily harm to his wife by throwing an ignited lamp at her—he made no answer—I then cautioned him in the usual way—I told him that if he made any statement in answer to the charge it might be used as evidence against him on his trial—he said nothing to that—on the way to the station he said "How is she?"—I said "I don't know"—he said "A b—good job if she dies"—he was recovering from the effects of drink—on Monday morning between 9 and 10 he was charged with causing her death (at that time she had died)—he made no answer.
HENRY PAYNE (Detective). I went to 5, Cadiz Street after this occurrence—I found there a Paisley shawl, a black body, skirt, and other articles of female apparel, more or less burnt, saturated with water and paraffin—in the room I found the top of a small lamp, and in the passage of the basement I found a piece of cotton wick—between the yard door and the kitchen door I saw pieces of broken glass on the passage floor—on the dustheap, I found two pieces of the large-lamp, the stand, and a piece of the globe—upstairs in Mrs. Plaistow's room I found a small lamp, the top of the big lamp, and the wick.
Cross-examined. Such lamps are very much used at the East End—this would hold between a quarter and half a pint of paraffin oil—the small lamp was not broken; not the glass part—I examined the premises with Gould; there was no trace of paraffin on the walls of the passage.
By the COURT. The whole of the dress was saturated with paraffin, but more on the shawl and body.
HENRY WILLIAM GODFREY , M.H.O.S. I was house surgeon at the London Hospital on Saturday night, 9th January—the deceased was brought there about 8.30; she was suffering from external burns in the face, neck, both arms, and mouth—the clothing was burnt and also damp, and smelling of paraffin—everything was gone for her that could be done, but she expired on Sunday evening at 6.20—a post-mortem examination was made—the cause of death was the result of shock from the burns.
LIZZIE SMITH . I am the prisoner's daughter, and am 24 years of age; ours was a three-roomed house—I went to the hospital on the Saturday night, just after 11 o'clock, and stayed till 4.30 on the Sunday afternoon—in the morning my father was brought there, and a Magistrate came—I did not hear her make any statement then—I was taken away from the bedside—I came back afterwards—I know the three lamps; I gave the large one to my mother—these (produced) are bits of it.
Cross-examined. I saw my mother at the hospital immediately after she was admitted, and I asked her twice how it was done—I was examined before the Coroner; I told them what she had said—she did not say anything to me indicating that she was expecting to die.
HENRY WILLIAM GODFREY (Re-examined). The deceased said nothing to indicate that she thought she should not get over it—I think she was in too bad a condition to know her own state—on the Saturday evening I was able to address questions to her with regard to her state, and she answered me, but I don't think she had any idea of the danger she was in at that time.
GUILTY of manslaughter. — Ten Years' Penal Servitude.
NEW COURT.—Wednesday, February 10th, 1886.
Before Mr. Common Serjeant.
MR. MEAD Prosecuted; MESSRS. KEMP, Q.C., and CHARLES MATHEWS
ROBERT HENRY WARD . I live at 111, Cromwell Road, South Kensington, and at Knowle Hall, Bridgewater—I am a private gentleman—I saw this advertisement (produced) in the Standard, answered it, and received this book, which I read, and after having some other transactions with the defendant I wrote this letter to him on November 2nd enclosing this cheque for 21l. 5s.—it is my firm conviction that I wrote these figures "91"—I never had a doubt of it till the Magistrate raised it, and nothing had transpired in my mind to make me believe that there was any other figure than "91," the "91" has been altered to "90"—I have the counterfoil of the cheque here—the amount was made up thus: 1l. for every 100l. for cover, and one-sixteenth for commission, namely 1l. 5s.—I drew the cheque at the time I wrote the letter; I filled up the counterfoil first—refreshing my memory by the counterfoil, I am under the impression that I put "91" in the letter, but I cannot say farther than that—I received this receipt for the cheque—the stock was 90 3/4 to 91 on the 2nd when I wrote the letter, and I saw printed on the 6th the business in the house of the 5th marked "Done 90 3/4 to 91"—on November 3rd when he defendant received the letter the stock was at 91 1/4, and on November 5th 90 3/4 to 91, the same as it was on the 2nd—I did not receive any memorandum or sold note, and on 11th November I sent this telegram: "Have you bought British at 91?"—I received a telegram in reply: "Opened British at 92 1/2"—I had not given instructions for that—next day I received a sold note for 16,000 British at 92 1/2, upon which I came up to London, went to the office, saw Mr. Scott, the defendant's manager, and repudiated that contract—it was ultimately withdrawn—I never received a contract note with regard to that stock, nor have I bad information from the defendant that such a contract has been entered into—I have received the cheque for 21l. 5s. back through my bankers, but have received no consideration for it—I was at the police-court on each hearing—I saw all my letters in Court—I remember a letter being called for at the final hearing, and notice to produce being admitted—the letter was not then produced, and I gave my recollection of it—I was cross-examined as to my recollection of it, and in answer to an observation of yours the Counsel on the other side then produced it.
Cross-examined by MR. KEMP. If I had seen nothing but this letter without my counterfoil I should not have believed that I wrote this "90" because at the time I was challenged about it I had not examined the counterfoil l—supposing I had nothing to refresh my memory with, I should be very doubtful about the "0" of the "90" being in my writing because I knew it was impossible to buy the stock at "90"—if my "1" has been altered to "0" it is very well altered—I will not swear that the "0" is not written precisely with the same coloured ink, and apparently at the same time, the down stroke making a slight curve—I have great doubts in my mind about it—this was not a speculative matter, I intended to take up these
2,000 stock on the account day, but I sent cover because that was the man's rule—I put two lines across the cheque, but I did not put "and Co"—I frequently put the two lines, and my cheques are paid—that question has been raised before and has been decided, the two lines are simply a matter of form.
ROBERT OUTRAM (City Detective Sergeant). On 30th November I served a summons on the defendant in the street in the City, he said it was simply a matter of account, a speculative matter, the charge was the same as it is now—he appeared on October 7th, and was remanded, and on the second occasion he failed to appear, and a warrant was issued—I traced him to Spain, another warrant was issued, and on the 28th I saw him in prison in Madrid, and read the warrant to him; he said "It is simply a matter of account, Outram, a speculative account; do all you can to get me out of here, and I will return to England; do all you can to save waiting for the extradition papers"—on January 5th I received an order from the civil governor of Spain, brought the prisoner to this country, and he was charged at the police-station.
EDWARD BEALE . I am the solicitor for the prosecution, and also to the official receiver in the defendant's bankruptcy—I received the defendant's books from the official receiver—this is the counterfoil book (produced)—on 11th November I found a counterfoil for 16,000 British at 92 1/2—I can't find any counterfoil relating to a transaction for 2,000 North British, or any trace of such a transaction—I have received no information from the defendant which enabled me to trace such a bargain, and I have searched all his books.
FRANCIS WILLIAM APLIN . I was till very recently a clerk in the Threadneedle Street Branch of the City Bank—Sidney Herbert Cronmire Had an account there; here is a paying-in slip on 3rd November, and a cheque for 21l. 5s. on the London Provincial Bank, South Kensington, which was paid in to Mr. Cronmire's account; it is stamped by us—I do not know whether the account is closed yet, but there was a balance of 8l. to his credit on 14th November.
MR. KEM, Q.C., submitted that there was no case to go to the Jury. The defendant was not "entrusted with money with a direction in writing to apply and pay the same;" it was sent, not in part payment for the shares, but for "cover and commission," and therefore the defendant had a right to pay it in to his bank. It was true that the defendant ought to have bought the shares at 90l. or 91l. if he could, but if the figure was 90l. he never could do so, and even if it was 91l. he could not do it "on the morrow, Tuesday" as directed, and he had no direction to do it on the Wednesday. By not returning the money he had committed a breach of contract, but that was not a criminal matter. The case of Reg. v. Christian, relied upon MR. MEAD, did not apply, as the prosecutor had not sent the cheque in part payment for the shares, but to hold as cover against the transaction of the morrow, and as commission if he purchased; and the direction was not for the benefit of the prosecutor, but of the defendant, as the cover was for his protection; the commission was to be earned by him.
MR. MEAD contended that the case of Reg. v. Christian was on all fours with this case. A cheque was sent, and on the following day, supposing the stock was at 91, it would have been the defendant's duty to purchase it; but if he allowed the day to pass without doing so, and paid the cheque into his
bank, and spent the proceeds, that would be a misappropriation, as it was his duty either to do the business or to return the cheque, and he had done neither.
The COMMON SERJEANT, having consulted MR. JUSTICE DENMAN, considered that the case ought to go to the Jury.
Witness for the Defence.
ROBERT SCOTT . I am a stock and share dealer—I was formerly manager for the prisoner—I received this letter of November 2nd—I do not think Mr. Harrison (The Prisoner) was there when it came—he occasionally; did not arrive till after the letters came, and I had authority to open them—I opened it, and paid the cheque into the bank; I endorsed it; he never saw it—I have no doubt that the letter is in the same state now as when I received it—"91" has not been turned into "90"—I have seen a great many "0's" by Mr. Ward, and I say that it has not—the defendant never saw this letter in the office, but he may have seen it in Court—he probably came to the office next day, but I did not always show him the letters and documents which I received, and I did not on this occasion.
Cross-examined. I did not make a memorandum in a book when I received the letter—we should acknowledge the cheque, and if we could not do the Stock we should tell him so; we should do it on the first, opportunity; I do not say that we did so in this case, but in all probability—I never made any entry in any book with regard to this transaction—I entered into no bargain with regard to the 21l. 5s.—we had other orders from Mr. Ward; we had two other cheques for 85l. each, and on 29th October we had instructions to buy 8,000 Brighton A's—I do not know what was done an to that; I did not do the business—when we enter into a transaction with a jobber I, not being broker, should not make the entry; a bargain book would be kept by the authorised broker or his clerk; I should only be called to make out the contract, note—I believe the defendant is a stockbroker; I have seen his certificate—I made no bargain in reference to the 8,000; it rested with him; it would be his duty—two or three books were kept; they were all the same colour—I should possibly be able to find this transaction—Mr. Cronmire would enter it in a book—I made a contract for 16,000l. according to his directions, but I did not purchase it; he did that with the two sums he received, 170l.—Mr. Ward has had 100l. of that on account of what is owing—on 11th November I represented to Mr. Ward that I had sold 16,000 Brighton Shares at 973/8; that would give him a profit of 200l., but I did not do that bargain at all; it rested with Mr. Cronmire; I only made the contract for it—I remember this letter coming on November 3rd—Mr. Cronmire was in the office that day in all probability—it was his duty to make the purchases; he would want to know what cheques came to hand before making purchases—he drew cheques on the City Bank.
Re-examined. I did not draw cheques in his name, but I endorsed cheques by his authority—I should not like to swear that I communicated to him what cheques I had paid in, but in all probability I did tell him that a cheque had arrived—the letter would go in a box with the others—he very seldom looked at letters when he came.
By the JURY. There was no other clerk.
GUILTY.— Judgment respited, the point of law being reserved.
MR. GRAIN Prosecuted; MR. E. CLARK, Q.C., and MR. BESLEY Defended.
MR. E. CLARK stated that he could not resist a verdict of guilty of a common assault, but that the prisoner was so drunk as to be entirely unconscious of his actions. He received an excellent character.
GUILTY of a common assault. — Four Months' Hard Labour.
MR. GRAIN Prosecuted; MR. BESLEY Defended.
REV. THOMAS REGAN . I am Administrator and Parish Priest of St. C—Church, Fitzroy Square—by virtue of my office I caused some repairs to be done to the schools, and became indebted to the builder in 96l. 18s.—a committee was formed about October last to collect the money and liquidate the debt—the prisoner had been attending the services of the church for about three months, and apparently took considerable interest in the schools—he was elected hon. Secretary and treasurer to the committee, and was appointed to receive subscriptions and instructed to pay to the builder all that he received—I never authorised him to sign my name to any cheques or to endorse them—the endorsement "T." or "J. Regan" to this cheque, is not mine, nor an imitation of my signature—there is no writing of mine on it, and I did not know of it being received—not a farthing of the debt due to the builder has been paid by the prisoner—on December 24th Mr. Brandon made a communication to me, and on December 27th I received the letter from the prisoner—I had been in communication with him. (This was written from Dorchester, acknowledging the witness's letter of the day before and expressing regret at having caused so much unpleasantness by his carelessness, stating that he should be in town on Friday, and requesting the witness not to take any extreme measures, and offering to send a 10l. share in, a company at a security.) I answered to that address, consulted with the committee, and a warrant was applied for at Dorchester—after the prisoner's arrest I received another letter.
Cross-examined. I paid the builder 400l.; I borrowed the money—the 90l. was over and above the estimate—Captain Gordon was chairman of the committee—I received one cheque and endorsed it in the prisoner's presence and handed it to him—I have said "Perhaps I should not have complained of his writing my name on the back of a cheque if he had paid the money to the builder"—he told me that he was going to, Dorchester, and I have his address—I have said "If he had handed over the money to the builder and had endorsed my name without my authority, I cannot say whether I should have prosecuted him or not; I, am willing to receive the money the prisoner collected"—I was willing enough then certainly—there have been no negotiations with me with regard to any settlement of this matter, nor did I instigate any one to do it—this letter was the first intimation of Mr. Wontner having money from the prisoner's friends—if he had put the cheque before me I should have endorsed it.
Re-examined. If he had endorsed the cheque and paid it to the builder I should not have complained—I have had no negotiations as to the payment of money by the prisoner.
By MR. BESLEY. I had a conversation with the prisoner before
Christmas—I expected the whole amount to be paid to the builder before Christmas day, and was disappointed that it was not, and spoke to him before he went to Dorchester, and he promised to pay before Christmas—the committee left it to his discretion how he was to collect the subscriptions.
By MR. GRAIN. I asked him why the builder was not paid, as I had received a communication from the builder—he said that he had to see the builder that morning, and I waited some time and did not see him, and he would pay him on Saturday.
RICHARD ALFRED BRANGAN . I am a member of Father Regan's congregation and of the committee—I sent this cheque to the prisoner, and a letter, stating that I sent it for liquidating the debt of 96l. odd—that was paid by my bankers—it was a subscription from myself.
WILLIAM HODGSON . I carry on business at 14, Sidney Street, City Road—I entered into a contract with Father Regan to make these alterations—a certain amount was paid, and 96l. was left, of which I have not been paid a farthing—I saw the prisoner at the end of October or the beginning of November, and he told me that a committee was formed and he was the secretary, and he promised to send to me in a fortnight or three weeks—not hearing from him, I wrote to Father Regan, and then received a letter from the prisoner, but did not see him afterwards—he called on the Saturday before Christmas, but I did not see him.
Cross-examined. I had 400l. on account—neither Father Regan or the prisoner told me that he was treasurer as well as secretary—since he has been in custody Father Regan has paid me.
WILLIAM CLITHER GORDON . I am manager of the Langham Hotel, Limited—in the beginning of October I was present at the meeting to collect funds to pay off the debt on these schools—the prisoner introduced himself to me there, and he was appointed hon secretary, and asked to collect the money, which he agreed to do, but we did not call him treasurer—the money was to be collected with the utmost dispatch to relieve Father Regan's difficulty—after he had collected a certain amount I told him the best thing he could do was to meet me at the Langham, and we would go up and see the builder—this cheque is dated October 29th—he came to me about that date to talk about the matter, and asked if I would cash a cheque for him, and I told my cashier to give him the money—I had not my glasses on—I saw that it was endorsed, but did not notice the name—it was as it is now—we went to the builder together a little before the date of this cheque, as I knew more of the business than the prisoner, but the builder was not at home; we waited an hour, and the prisoner said he would call and see him next day—I said "Very well, I shall not have time"—he told me that he had between 50l. and 60l. in hand—there was nothing to prevent his paying that to the builder—I saw him twice afterwards—he said that the builder had written to him and wanted the remainder of his account, and he had paid him 50l., and the builder had written to him asking for the balance, and he said that the contributions were coming in very slowly.
Cross-examined. I met Mr. Toomey there—he was one of the committee—if he has sworn that the prisoner was appointed treasurer, that is not untrue, a man who has charge of money is a treasurer—the distinction between a collector of money and a treasurer is, that one man
holds the money and the other collects it, and the prisoner was not to hold the money—I asked the prisoner to keep a record of the action of the committee—he said that he would take notes after the committee had broken up—they met three times or more—I collected money myself, and handed in a cheque for two guineas, upon which Father Regan's endorsement was also forged—that name is on the list, it is the last name there—I know that 50l. has been paid in respect of this 47l. 5s.; that includes a two-guinea cheque—that is the only cheque I handed to the prisoner—a month or six weeks before I went on my holiday I proposed to go and see the builder and get a big discount off—he did not say that if the subscriptions came in as promised there was enough to pay cash—I never had an account from him of the money he received—I have met the drawer of the eight-guinea cheque; he did not say that it was for this very money, but the impression left on my mind was that it was a subscription of that gentleman for extras on the building account—this "J. Regan" is very much like I make my T's, they are more like J's.
Re-examined. I do not write well—I had no idea that any money had been paid to the builder till this matter cropped up—the prisoner was appointed to collect the money and dispose of it.
MICHAEL EUGENE TOOMEY . I am a dentist, of Rathbone Place, and a member of Father Regan's congregation and of this committee—the prisoner was appointed as secretary and to collect subscriptions—I called him treasurer at the police-court.
Cross-examined. I should say that he was treasurer—he was appointed to collect subscriptions and see the builder—Captain Gordon asked him that question.
NOT GUILTY .
MR. GRRAIN offered no evidence.
NOT GUILTY .
MR. GRAIN offered no evidence.
NOT GUILTY .
FOURTH COURT—Wednesday, February 10th, 1886.
Before Robert Malcolm Kerr, Esq.
287. ALLEN FOISARD, alias JULES MALOCHE (46) , Unlawfully obtaining by false pretences from Edward De Greve 18 bales of flax, with intent to defraud, and attempting to obtain 150 bales with a like intent.
MR. F. N. ABRAHAMS Prosecuted; MR. DUKE Defended.
JOSEPH HILL . I am a stationer and tobacconist at 43, Barbican—about the end of November the prisoner came and asked if I would receive a few letters for him for a few days till he got suitable offices ready in the neighbourhood—I arranged to do so, and he agreed to pay me 1s. a week—he said there would not be many, about two or four a day—he paid me 1s. in advance—he wrote this name, "Jules Maloche," on a piece of paper—after that he fetched letters, one or two, or at most four or five a day—they were all foreign, some from Paris, some from Belgium—in the last week of December one or two letters were returned from abroad, and they contained my address printed on the heading of the envelope—I asked the prisoner why he had had my address printed, as I had given him no consent—he treated it as a slight matter, and said it was only to save the Post-office authorities the trouble of opening them—he continued to call till Thursday, the last day of December—he ceased then, because I told him I would not receive any after the Saturday.
Cross-examined. I cannot say if he told me at any time that his name was Maloche; I cannot remember that he ever did or that he did not—I have had no charge brought against me by the police in this matter—I know no interpreters—I did not see the prisoner open any of the foreign letters—the only one he opened was one I wrote, which I gave him with two others: there was no post-mark or stamp on it—he seemed as if he did not understand what it really was—previous to that I had told him I objected to having my address printed without my consent.
Re-examined. He was never accompanied by a man when he came—he once came with a little girl—the letter he opened was addressed "J. Maloche."
EDWARD DE GREVE . I am a flax merchant in business with my father at Eclos in Belgium—a person giving the name of Brocart came twice to me in July—I saw him again afterwards at Blankenberg—I did not do business with him—I received this letter signed "J. Maloche," 7th December, and these others on the dates mentioned—in pursuance of the order contained in this letter I sent 18 bales of flax to England to the address J. Maloche, Great Eastern Railway Company's station, Liverpool Street, and the delivery order I afterwards sent to 43, Barbican—I was never paid for these goods—I came to London with my father, and went direct to 43, Barbican, where we found no office—we went to the Great Eastern Railway Company, Liverpool Street; we found no warehouse there belonging to Maloche—I was asked to send 150 bales in all, but only sent the 18—I sent those because I believed it was a good firm, and I thought No. 43, Barbican was a great house, and that he had a ware-house at the Great Eastern Railway, Liverpool Street.
Cross-examined. Brocart was not very tall, a little yellow in the face, with a black beard to the jaw, carried along the jaw with the moustache to the side of the face—I never knew the name of Maloche before these transactions—I obtained references as to Maloche after I had sent the goods—we generally only do business in Belgium—I should not think Maloche was a Belgian—in Belgium the railway companies receive goods for their customers in their warehouses—I have never sent goods to such a warehouse there—I wrote to Maloche asking for payment—the merchandise was sold to be paid cash—I do not know the handwriting of that letter of the 12th—I think I have had five in that writing—when
I received the fifth I knew it was from Maloche—I think this is the same writing. (This was a letter said to have been received by the prisoner in prison.)
Re-examined. After we sent the merchandise we wrote for references.
HARRY GERALS ABRAHAMS . I am a solicitor, and a member of the firm of Michael Abrahams, Son, and Co.—I am thoroughly conversant with the French language, and I produce copies of translations which I have made of these letters.
Cross-examined. I am a member of the firm who are prosecuting.
THOMAS JOHN REED . I am foreman to Ezekiel Bull, van proprietor, Aldgate—on 30th December the prisoner called with another gentleman; they both spoke English—they said they wanted a van to bring 18 bales of flax from Liverpool Street to Euston—I asked them if they had a place of business—they said no, they were French, and had no place of business in London—the prisoner gave the name of Smith—the prisoner and the other man left, and I sent off a pair-horse van—I saw the prisoner again on 18th January alone; he asked me if he could see the carman, as one of the bates of flax was damaged—I said he was not there; I had only taken him on as an extra man, and he had been discharged—he did not say where they had been taken to.
Cross-examined. I do not remember particularly what the other gentleman said to me—I remember nothing that he said to me—he spoke to me in English—he said they would want some more stuff carted—he was a short gentleman with whiskers and a clean shaven chin, about 35 or 40 years of age—a Frenchman, rather slim—he was the man that paid me.
FREDERICK THEYNE . I am a delivery clerk at the Great Eastern Railway Station, Bishopsgate Street—no person named Malche has any office there—I saw the prisoner alone on 30th December when he produced this delivery order for 18 bales of flax—I gave him this order on the foreman to obtain the 18 bales—he wrote the name of J. Maloche on the back of it—he subsequently signed the same name in my book, which I produce—he paid 2l. 6s. for the freight.
Cross-examined. Maloche was the name in which the goods were consigned—without that name he would not have got them—I come in contact with interpreters sometimes; they frequently act for foreign merchants in the business they have to do.
Re-examined. The prisoner did not say he was an interpreter.
HENRY SMITH . I am a checker at the Great Eastern Station, Bishops-gate Street—on 30th December the prisoner handed this order to the foreman, and the foreman to me—he had no van at first; he went and fetched Bull's van, and I then helped him to load it, and put the things on—I then took him to the inquiry office to sign the book—only the carman was with him.
GEORGE WOOD . I am a checker at the Great Northern Railway, King's Cross—on 30th December the prisoner came with a short, dark foreign-looking man, and asked me if we accepted goods for Hull—I said "Yes," and instructed him where to back the van, and he went and told the carman where to back it—I directed the prisoner to go to Mr. Graves for a consignment note—he afterwards brought it to me—I did not see him sign it; I found it signed in the name of A. Durand—the goods were then transferred to the truck, and went off by the next train that
night to Hull—the other man said in fair English that he was going to Hull that night.
Cross-examined. The other man was short and dark, with moustache and whiskers; not very stout, below the middle height—he said "I shall be going to Hull to-night; will the goods be there in the morning?"—I did not say he was a Frenchman, but a foreign-looking man.
HENRY GRAVES . I am a clerk in the Great Northern Railway, King's Cross—on 30th December, 1885, the prisoner came to my office and asked me to book a consignment of flax in the name of A. Durand, 18, Fenchurch Street—he signed this in my presence—I knew the prisoner at Southampton as an interpreter, what is called a land shrimp; one who meets persons coming off ships, and does their business for them—I have not seen him since till I did so at Guildhall—he did not mention then that he was acting as interpreter, I did not know he was one—I did not call him by name—I simply dealt with him in the ordinary course of business.
Re-examined. It might be 12 or 13 years since he was acting as land shrimp.
By MR. DUKE. I do not know if he was in the service of the Royal Mail Company or not.
HENRY HANSON . I am a member of the firm of Corrie, Hanson, and Co., flax merchants and commission agents at Hull, which is a recognised market for flax—I first saw the prisoner on the 31st December last year accompanied by a Frenchman whom he introduced as Mr. Durand, flax merchant from Lille, who had 18 bales of flax that he had sold to some one in London, but hearing that the man in London was not so good as he anticipated he came to London, and had brought the flax to Hull to sell it or get some one to sell it for him—I was asked to sell it—the other man only spoke to the prisoner, who interpreted—it was about 3.30 or 3.15—I said I could do nothing that night until I had seen the flax itself—they came again next morning—I went across to the railway, Mr. Durand produced the railway receipt, and showed it to the railway company—I inspected the flax—the letter "M" was on the bales, I think—I asked the prisoner who had referred him to me—he said some one in the train had told him he had better come to us, as we were one of the principal agents there, if he wanted to sell the flax—ultimately we were commissioned to sell the flax, and we made an advance of 72l. by cheque to Durand, who endorsed it, and they then went to cash it at the bank—Durand, the other man, spoke only through the interpreter; he promised to send further samples of flax when he got back to Lille—we subsequently sold the flax for about 115l., off which expenses had to be deducted—I was directed to write to Lille, but the address of the interpreter was given as 14, Wardour Street—I wrote there concerning the sale, because Durand wrote from London a few days afterwards, saying he was detained a few days in London and would I write to him at that address—I now hold the difference between my advance and the price realised.
Cross-examined. This was an ordinary transaction—no objection has been raised to my part in it.
ESTHER LANDAU . I am the wife of George Landau, a sealingwax maker, we live at 182, Goswell Road—I had two rooms to let, which the prisoner rented, saving he wanted them for storing purposes—he came with a Mr.
Williams who introduced him as Mr. Maloche—Mr. Williams had rented the same rooms before, about ten months ago; he is a short dark man, I think with a moustache—he took the rooms, but never took possession of them, he merely said he would want them in two or three weeks' time, as he had no use for them at present—he called several times for letters, which I noticed were foreign, and addressed to Mr. Maloche—no goods arrived there except two small bags which Mr. Williams brought.
Cross-examined. Sometimes there were two, sometimes three letters a day—Maloche called first, then Williams came several times, and took the letters—when Williams had the rooms before, letters came to him in the same way, with sometimes the same sort of postmark—on the more recent occasions I am sure the letters were the prisoners, because they were addressed Maloche—I gave them to Williams because he called for them in the prisoner's name the last few days—I had not known the prisoner before 4th January—I never saw him open letters at my place, he put them in his pocket and went away.
Re-examined. Williams spoke English incorrectly, he could make himself understood—he came to fetch Maloche's letters about the middle of January.
ALFRED SCRIVENER (City Detective) In pursuance of instructions, I watched a tobacconist's shop 14, Wardour Street, on 14th January—the prisoner came in with a young lady for a letter, and when he left, I and another officer arrested him—this was the letter that was handed to him over the counter—I said "Mr. Allen," he answered to that name—I told him we were police officers, and that I should charge him with obtaining 18 bales of flax from Mr. De Greve of Belgium—I took him to the City, where he was handed over to Lawley.
Cross-examined. In answer to the charge he said he knew nothing about any flax, he never obtained any flax in his life—I had charged him with fraudulently obtaining flax—the letter was unopened in his breast pocket—I did not know him before as an interpreter, I don't know now of my own knowledge whether he is one.
FREDERICK LAWLEY (City Detective Sergeant). On 21st January this year, I saw the prisoner in custody at the Old Jewry—I said "What is your name?"—he said "Allen Foisard"—I said "I hold a warrant for your arrest, you are known at 43, Barbican, as Jules Maloche"—he said "I was never at 43, Barbican in my life, I have passed through Barbican"—I said "Where is Brocart?"—he said "He is away at Lille in France"—he was then taken to Moor Lane Station and charged—he said he knew nothing about any flax—he was asked for his address, and he refused to give it—I searched, and found this card on him: "Charles Morvant, dealer and commision agent, 7, College Avenue, Homerton"—I also found a latch-key on him which opened the door at that address.
Cross-examined. He lived there—I do not know Brocart, and never saw him—I did not know the prisoner before—I have made inquiries about him—of my own knowledge I do not know whether he was an interpreter or not.
SARAH REEVE . I am the wife of Charles Reeve, and live at 82, Fen-church Street, a public-house; I serve at the bar—the prisoner was in our house about three weeks ago, to have something to drink—he has received letters there, but the last was about three or four months since—the letters were foreign, and came in the name of Brocart.
Cross-examined. I think I remember a gentleman coming with him and saying he would bring me a hat when he came back from Paris again; he was dark, with a black moustache, I don't think he had a beard; he was not tall.
Re-examined. I don't talk French, and therefore if he promised me a hat it must have been in English.
AMELIA CASTRO . I live at 250, Mile End Road, and am servant to Mr. Young, a tobacconist, there—the prisoner came there to fetch letters, I knew him as Brocart—I did not notice what the letters were—large bales came there too; Reeves the greengrocer took them away in a wheelbarrow—I heard the prisoner give no directions as to their being taken.
Cross-examined. I don't think the prisoner ever spoke to me; he never gave me his name as Brocart—my master is ill, and Mrs. Young is looking after the shop—I never gave letters to the prisoner; I am sure I have seen him, I saw the letters. (A number of letters between the prisoner and prosecutor were here put in and read.)
Witnesses for the Defence.
CHARLES EDWARD COLLYER . I live at 141, Fenchurch Street, and am a sworn broker—the prisoner called on me about September, and represented himself, either then or subsequently, to be acting as interpreter—he was accompanied by another man like the one that has been described; I should take him to be the same man—that man represented himself to be a native of Belgium, well acquainted with flax, and had come here to sell flax; the prisoner acted as interpreter to him, as he professed he could not speak English—he gave his name as Brocart; I may have seen him sign his name—I am under the belief this letter (produced) is in Brocart's handwriting.
Cross-examined. This flax was represented to belong to Brocart; Tole appeared at a later period and made complaints, and alleged he had not been paid for it—I do not know of my own knowledge whether he had been paid for it.
Re-examined. Tole complained about the former transaction.
----WARREN. I am a clerk at the Great Eastern Railway office at Bishopgate Goods Station—on 29th December I saw the prisoner there, he was accompanied by a short man with a moustache, and I think he was rather dark—they came to our inquiry office and made inquiries for this flax, which was sent from Eclos, and not being found there it was the duty of the clerk to send them to the correspondence office—they came and asked me about the matter, and produced their proof of ownership—I looked into the matter, and found it had arrived that morning; they required a sample, and I believe it was handed to the prisoner, who carried it from the station; I don't know who asked for it.
GEORGE DAVIS . I am a foreman at the Bishopsgate Goods Station of the Great Eastern Railway—on 29th December the prisoner came to the station with another person, and Warren brought them to me to inquire for 18 bales—I looked for and found them, and gave them a sample, which one (I could not say who) asked Warren for in my presence—one of them did not speak English, I could not say which that was; I believe one was acting as interpreter for the other—I cannot remember who took the samples away.
letter (produced) has been sent on to this prison from Clerkenwell, and has been initialled by the chief warder—that is the course pursued with all letters arriving for and going from prisoners.
GUILTY .— Five Years' Penal Servitude.
MR. MONTAGU WILLIAMS Prosecuted; MR. PURCELL defended Richard Grieves, and MR. KEITH FRITH defended Esther Grieves.
JOHN KEEN JORNS . I trade at 158, Strand as Harvey and Company, umbrella makers—on Wednesday, 16th December, at 8 o'clock, I left my shop, shutting the door behind me and seeing it was securely fastened—next morning I returned at a quarter to 9 and found my man, the charwoman, and two constables there—the window had been cleared of umbrellas, walking sticks, and other articles to the value of about 300l.—the door from the shop into the passage was burst open.
Cross-examined by MR. PURCELL. I lost about 198 umbrellas and about 45 walking-sticks, seven portions of silk, and a few trifling things.
SOLOMON PARKER . I live at 3, Bow Road, and am a fish salesman at Billingsgate Market—I know the prisoner as a fishmonger frequenting the market—about 9 or 10 days before Christmas, between 6 and 7 a.m. I imagine, he said "Can you do with some umbrellas?"—I said "Yes; how much?"—he said "10s. each"—I said "That is a lot of money"—he said he had to give a lot of money for them; they were very good—I said "I would not mind giving 6s. cash for some"—I had not then seen them—he said he could not take it; they cost more, and he went away—a day or two after I saw him at the market, and he said "You can have some of those at 7s. 6d."—I said "No; I will give you 7s. each for some of them, if they are very good"—he said "Very good"—he asked for my address, and said he would send them by parcels delivery—I gave him my address—the same evening the female prisoner called on me, and brought a parcel wrapped in canvas, which she put in the corner of the room—she said she had brought some umbrellas from her husband, I think—she stayed there a few minutes—I and my wife were going out, and she left the umbrellas there, and I saw her into a 'bus; I did cot undo them before I went out—when I came home I opened the parcel and found 16 umbrellas—I selected the four best of them, and took the others back in the canvas to the market in the cab which calls for me every morning—I put them in my employers' (Henry Barber and Son) shop, and the same day I sent them up to Grieves's van by a boy employed by a man that he buys fish of—when I saw Grieves I gave him 1l. 8s., and told him I had taken four; this is one of the four—I sold it to Phillips, my brother-in-law, for a sovereign; the other three I gave to Mr. Nathan to try to sell—he showed me something in the newspaper, in consequence of which he brought them back, and would have nothing to do with them, and I destroyed them—the same day the police came to visit my premises, showed me the umbrella I had sold to Phillips, and searched my premises—on the following day I was taken to the police-station, detained, and charged; I was let out on bail—I surrendered on the remand; the
charge was withdrawn against me, and I was put into the witness box as a witness.
Cross-examined by MR. PURCELL. I have known Mr. Grieves buying fish in the market for 14 months; he dealt with my employers and other people—we gave him credit for salmon and lobsters—he was buying fish from us in very large quantities, as a fishmonger and dealer would buy—he came every day except Sunday; it is an everyday occurrence for men who buy and sell fish to bring other articles to buy or sell in the market—persons in the market are in the habit of selling everything—I knew Grieves's name; this conversation took place in the shop; there are other assistants under me; there are always plenty of people about our place—I have heard of Wilson, a hawker, I think, who deals in all kinds of things, which he sells much below the price they often fetch in the ordinary market, or otherwise we should not purchase them—I was alarmed when the policeman first came—I told Partridge I had bought some umbrellas about a fortnight before—I can't say how long it was before Christmas; it was more than a day or two—Partridge asked me if I knew the man from whom I bought them—I said I did not know; that was not true—he asked me if I bought any more at the time—I replied that that was the only one I had; that was not quite correct—he asked me if I was sure, and I said yes—he then went away; it was between 6 and 7 he called—I had burnt the umbrellas just before; I did not tell him I had—he came again next day, and said "I have reliable information that you had more umbrellas than the one I have got"—I said "No," and then I was taken to the station—the third time I was brought up the policeman asked the Magistrate to withdraw the charge against me.
Cross-examined by MR. FRITH. I believed the female prisoner was Mrs. Grieve—I had just awoke from sleep when she came, and I did not properly hear what she said, but I think she said something to the effect that she had them from her husband; she said she had come from him—the parcel was wrapped up.
Re-examined. I buy other things in the market besides fish—I have some jewellery on now that I bought there.
MIRIAM PARKER . I am the wife of Solomon Parker—I remember Mrs. Grieves coming to our house about a week before Christmas; one of our little children opened the door—Mrs. Grieves asked for my husband; I showed her into the room—she had a bundle which she put into the corner of the room; it was wrapped in canvas—my husband came in; I remained in the room; nothing took place—the bundle remained, there; I did not examine it till we came home—I then saw there were several umbrellas in it.
WILLIAM GLINDON . I live at 227, Oxford Street, East Stepney, and am a porter at Billingsgate Market—I know Parker and Grieves by sight—about a month or five weeks ago Parker gave me a parcel wrapped in canvas, and told me to take it to Mr. Grieves's van—I did so; the van was in Eastcheap; I knew it by sight, and put the parcel in the van—I had seen Grieves at the market that morning.
Cross-examined by MR. PURCELL. There were other carts there into which men were putting goods—I usually put things into Mr. Grieves's cart.
By the JURY. I have taken many parcels to the van; what they have contained I don't know, but principally fish—this parcel was not fish.
By MR. PURCELL. I often have parcels of all sorts and sizes other than fish to put into the van.
JOSEPH NATHAN . I live at 47, British Street, Bow, and am a dealer in cigars—one evening I was at Parker's house, and he showed me about four umbrellas—I took three and left one behind—my son afterwards saw an advertisement in the newspaper about some umbrellas that had been stolen from Mr. Harvey's in the Strand, and showed it to me—I got them down—he opened one and read the name of the firm where the robbery had been committed on the umbrella—in consequence of that I took the umbrella back to Mr. Parker, and had some conversation with him about it.
By the COURT. It never occurred to me to take them to the police-station—I always knew Parker as a respectable man, and believed he knew nothing of anything but honourable transactions.
FREDERICK NATHAN . I am the son of the last witness—I saw the advertisement in the newspaper about the umbrellas; I showed it to my father—I knew my father had umbrellas on the premises with the name of Harvey and Son in them.
Cross-examined. I saw them in my father's possession a day or two before Christmas.
THOMAS PARTRIDGE (Police Constable). In consequence of information received I went on 5th January, about 7 p.m., to 36, Great Church Street, City, and there received from Mr. Phillips this umbrella (produced)—in consequence of what I then learned, I went to 3, Bow Road, where I saw Parker—I showed him the umbrella I had got from Phillips and had a conversation with him—after that I saw Nathan—on the morning of the 7th I went to 16, Moor Street, Seven Dials, a fish shop kept by the Grieves's—I saw both the prisoners in the back parlour, and told them I should have to take them into custody for stealing, or being concerned in stealing, a number of umbrellas and walking sticks on the 16th of last month from a shop in the Strand—they said they knew nothing about it—I said to Grieves "I shall have to see what you have got in your place"—he said "Yes"—I went upstairs with him, leaving the woman downstairs with Drew—I could find nothing there—I then said to Grieves" I shall have to go to your other place in Crown Street"—he said "Yes"—I went there with him—we went in by the side door, which was open, and through another door in the passage leading into the shop, also a fish shop—I asked him who a woman who was inside was—he said "My servant"—she said "Shall I take down the shutters?"—he said "No, never mind now"—she went out of the shop—we searched the shop, and under the counter we found a dressing bag, tied up in this sheet of paper—it was covered with a lot of paper and different stuff under the paper—Enright pulled it out from under the stuff—no one else was present—I asked Grieves how he accounted for the bag being there—he said "I don't know, I know nothing about it"—there were cut glass and other things there which have not been identified—I took him to the station and found his wife had already been taken there—I said to her "This bag has been found in your shop"—she said "Yes, a man left it there and said he would call for it, I don't know who he was"—the bag has since been identified as the property of a lady named Bolton, and was stolen from Charing Cross Railway Station.
Cross-examined by MR. PURCELL. Parker said I could look over his place if I liked—I left them, saying I should have to make further inquiries—he said "That is the only one I ever had, I will assure you"—I said "Well, Mr. Nathan says he returned three to you yesterday"—there are sleeping rooms overhead in Crown Street—I don't think the Grieveses rent those rooms, only the shop—there are lodgers overhead—there is a small back parlour and a shop.
Cross-examined by MR. FRITH. I never knew the female prisoner as Mrs. Grieves till she gave that name now—she passed by that name, but I knew her always as Mrs. Wilkinson—the bag was wrapped in paper, and covered with a lot of rubbish and paper; it was not under lock and key—anybody could find it by searching for it—there was a small cupboard in the room, but it would not hold that bag; it was not locked—I don't know if there was a lock and key to it—there were a couple of small tables at the back—it is about three or four minutes' walk from the Oxford Music-hall.
Re-examined. You could not see the parcel containing the bag before you removed the rubbish—I have known Mrs. Grieves from 18 to 20 years, since she was quite a little girl, as Mrs. Wilkinson, and by no other name, always by that—she has been with Grieves a little over two years I think, before that I have seen her in the fish shop with a man named Bryan.
CHARLES DREW (Policeman). About 9 o'clock a.m. on 7th January I went to 16, Moor Street, Soho, with Partridge and Enright—they went upstairs, and left me with the female prisoner and Parker—she said "I feel so queer, I want to go into the back yard"—she put her two hands in front of her on her stomach, and said "May I go?"—I said "Yes"—she went to the cupboard, and when she left, the door turned to the right and went towards the back yard—she was out two or three minutes, and when she returned into the parlour she said "I want to go into the shop to speak to the man to tell him about the orders, may I go?"—I said "Yes, you can go and speak to the man"—she went into the shop, I looked through the window, she walked towards the door of the shop, and then I noticed she had something projecting from underneath her apron—when she got to the street door she turned to the left, and I walked through the shop; as I got to the street door she was just about, to enter the door of the next house, and as I got about two yards from her she turned her head and saw me, and she took her hand from under her apron, and put her hand round the door—I caught hold of her—she backed from the door and said "Don't go in," and tried to force me back into the fish shop—I called out for Partridge, and he and Enright came down with the male prisoner—I told Enright to look behind the door of the next house, as the female prisoner had thrown something round, and he went and picked up this piece of stick (produced)—the female prisoner said "I did not put it there"—going back into the shop parlour, the male prisoner said to her "You have done a nice thing; why didn't you keep yourself quiet?"—on the way to the station the female prisoner said "l am very sorry I did it."
Cross-examined by MR. FRITH. I called her Mrs. Grieves—I don't know that she had been in the hospital several weeks before that.
dressing bag was part of my luggage—when I got to Charing Cross and was looking for my luggage it was gone, and I never saw it again till it was produced before the Magistrate; the value of the bag is 20l. or 25l.; it had silver fittings and contained a handsome flask; some of the things have been taken out—my initials were on the things, and there was a cover on the bag.
CHARLES WILLIAM HIDE . I keep a coffee-shop at 20, Denmark Street, St. Giles's—I was in the habit of buying fish of Grieves—four or five days or a week before Christmas Grieves came and had dinner at my place, and asked me if I wanted to buy an umbrella—I said "Yes, if you have one reasonably cheap; where is it?"—he said "Down at the shop"—I said "I am coming down to the shop this evening; I will have a look at it"—I went to the shop in Moor Street; he showed me four silk umbrellas which stood at the back of the counter; they looked new—I asked him what he wanted for them—he said "10s. a piece"—I offered him 36s. for the four; he took it—he came to my place to dinner next day, and I gave him the 36s.—I had brought the umbrellas from his shop the same night.
Cross-examined by MR. PURCHELL. I have known Richard Grieves two years; he used to come to my house to dinner nearly every day.
Cross-examined by MR. FRITH. I occasionally take a bag or parcel in for a customer who asks to be allowed to leave it.
Re-examined. I don't put it under rubbish to conceal it, but where there is most room; I don't have rubbish in my kitchen.
NOT GUILTY . The Jury desired that the attention of the Commissioners should be drawn to the traffic going on in Billingsgate Market.
MR. MONTAGU WILLIAMS offered no evidence.
NOT GUILTY .
290. WALDEMAR ALKHOIN (33) PLEADED GUILTY to obtaining by false pretences from Clara Scholzig 1l. 5s. 6d. with intent to defraud, and other sums from other persons with a like intent, after a previous conviction of felony.— Eighteen Months' Hard Labour.
292. DONALD GRANT (20) and CHARLES GODFREY (26) to breaking and entering the shop of Horatio Sagin and stealing therein 80 watches and 219 rings his property.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Thursday, February 11th, 1886.
Before Mr. Justice Denman.
MR. RIBTON Prosecuted.
ALICE COLLINS . I live at 47, Gayford Road, Hammersmith, with my husband—the lodgings were lot to me by the deceased, William Rolfe; he was the landlord—the prisoner occupied the downstairs floor, we occupied the top—on Saturday, 9th January, about half-past 6, I was at home—I heard high words in the prisoners room; his wife was out—I did not exactly recognise the voices—about half-an-hour after I took the rent down to Mr. Rolfe; his eye was then bleeding.
By the COURT. He was a very old man, and quite an invalid—he had not been out for nearly a month—he was very infirm—he was not angry or irritable; I never heard him in the house—I did not see much of him—I can't tell what the high words were about; they were men's voices—I did not see any cut on his face; he was bleeding down the cheek.
SARAH ROLFE . The deceased was my husband—he was 59 last June—on Saturday, 9th January, I went out at 12, leaving my husband at home in his usual health—I returned at 9—he was then sitting in his chair by the side of the fire—he was all of a tremble and very white, and his lips were quivering—he seemed very much distressed, and cried—I observed a black mark on his left cheek, and the skin was cut—he made a complaint, and he went to the police-station—I did not go with him—he came back and spoke to the prisoner, who is my son-in-law, and went upstairs—I followed him—he sat there some minutes talking to me before he was taken with what I thought was a fit, but he was dying; he threw his hands straight down—he died at 10 o'clock—I sent for the doctor, but not before he died—I never knew him and the prisoner to have many words.
By the COURT. My husband had been in a very bad state of health for a long time—he was irritable—I had been warned that any excitement was likely to kill him suddenly—he often complained of pain in his heart—the doctor warned me of that four yean ago—he had done no work for the last two years.
HENRY SAXON (Policeman T R 39). I took the prisoner into custody at the Travellers' Rest—I told him the charge—he said "All right, I will go to the station with you; I only gave him a smack on the head, but that was about three hours ago, and since then he has been up here drinking."
ROBERT FAWCETT MAXWELL . I am a surgeon—I attended the deceased for some time; he was suffering from heart-disease and gout—I saw him on this night at 10 minutes past 10—he had two contused wounds on the face, one on the outer part of the left eye, and one on the left cheek-bone, a little below the other—they might have been done by one blow, a knuckle would have done it—I had warned him and his wife some time before about his not being unnecessarily excited—I should think he was a very irritable man, the disease would make him so.
Prisoner's Defence. When I went home that night he was swearing in front of my children. I told him to leave off, and he started swearing at me. I went upstairs to fetch my children down, and he tried to push me back down the stairs, and I pushed him as he went to strike me.
NOT GUILTY .
There was another indictment against the prisoner for the manslaughter of the same person, upon which no evidence was offered.
NOT GUILTY .
MR. MONTAGU WILLIAMS Prosecuted; MR. CLUER Defended.
GUILTY .— Ten Yeans' Penal Servitude.
NEW COURT.—Thursday, February 11th, 1886.
Before Mr. Common Serjeant.
MR. LYNE Prosecuted; MR. GEOGHEGAN defended Phillips.
THOMAS LANGLEY . I am postman at the City Arms and live at 56, Brunswick Close, Clerkenwell—on 31st January about 1 a.m. I was going home through Moreland Street, St. Luke's, when somebody seized me round the throat, threw me down, and rifled my pockets; I could not see who it was—I had 2 1/2 d. and a knife in my pocket—they left me on the pavement—I fell backwards and recollect nothing after that, until a man and a woman came and picked me up fire or six minutes afterwards—the back of my head and my throat were injured, and I am suffering from that now and can hardly speak.
Cross-examined by Pulbrook. I did not see a soul either behind or in front of me—I do not know the persons who picked me up; they also picked up the 2d.—I was going along smoking my pipe.
Cross-examined by MR. GEOGHEGAN. Moreland Street runs into the City Road—I was coming down Pickard Street—there are two turnings out of the City Road, Pickard Street and Moreland Street—I am sure it was a man and woman who helped to pick me up—I am still in much pain; I suffered much pain afterwards—I had to get up next morning to go to my work.
GEORGE FINCH (Policeman G 287). On Saturday morning, 31st November, I was in Moreland Street, City Road, against the schools—Langley passed me; I then heard a scuffling on the path—I looked through the iron railings of the school and saw the three prisoners, with Langley on his back; I did not know them before—I was standing at the corner of the school, 10 yards away—Pulbrook was on Langley's right, Phillips on his left, and King at his feet—I stooped down and saw Pulbrook's hand in Langley's right hand trousers pocket as he lay on his back—he was sober; he made a funny gurgling noise, and I walked towards him—King passed me about two yards from him—the school is at the corner, with rails running all round—I went about three yards farther, and Pulbrook and Phillips then left Langley, and I heard some money fall on the pavement—Langley called out "Police, they have robbed me"—I blew my whistle—I took Pulbrook about 40 yards away—the other two ran away—I saw a constable in front and told him to stop them—he stopped them in the same street—I never lost sight of either of them—I picked up this halfpenny where the robbery took place—I found this knife in the doorway where I took Pulbrook—they were taken to the station, where they said they were honest men going home.
By the COURT. The rails go to a sort of apex, and I stood round the
corner and saw through the double rails—the street is not above 200 yards long.
Cross-examined by MR. GEOGHEGAN. Moreland Street runs into the City Road, the other end is Goswell Road; Pickard Street and Mason's Place run into Moreland Street, and persons could come either from the City or Goswell Roads from where I was standing—the schools are at the corner of Mason's Place, I was standing in Mason's Place—Langley was lying on the same side as the schools, opposite the railings, about ten yards from me, his feet were towards me—306 G and 86 G helped to take the prisoners to the station, 306 G is not here—I told the inspector in the hearing of 86 G that I was ten yards away—Pulbrook was arrested 40 yards from the spot; 86 G came from the City Road end—I found 6s. 1d. on Phillips; his master, Mr. Hinton, is here; he is a respectable man as far as I know—Phillips gave his wrong name and address at the station, he lives in Saffron Hill; 86 G took him to the station.
Re-examined. He gave his name "Henry Gale, 66, Saffron Hill," that is where he lives now, but he lived then at 3, Saffron Hill—I have no doubt about Phillips, I saw him on Langley's left side on the ground.
THOMAS BUTLER (Policeman G 86). On the morning of 31st January I was at the corner of Macclesfield Street, about 70 yards from Moreland Street, and heard a policeman's whistle; I went in the direction of Moreland Street, and saw King and Phillips walking hurriedly towards me—constable shouted "Stop those two men" and I took them both—Finch then came up with Pulbrook in custody and said they had knocked an old man down and robbed him; King said, "I have done nothing," and Phillips said, "I have done nothing"—another constable came up and they were all three taken to the station.
Cross-examined by MR. GEOGHEGAN. Police Constable 306 G came up two or three seconds after I had taken them in custody, I can't think of his name, he took Phillips to the station and I took King—Inspector Bonner was on duty at the station, I did not hear Finch tell him a story, I heard the charge booked; the inspector did not ask Finch any question particularly, he said, "I charge these three men with knocking an old man down and robbing him"—these three men were in the dock about ten minutes before they were taken down into the cells, during that time the inspector was writing down their names and addresses and the charge against them—Finch did not, I believe, say that he was ten yards away or that these men were taken 40 yards away; he said he was watching them; the other constable did not attend the police-court—Moreland Street is close upon half a mile from the station—I did not hear Phillips explain to 306 G how it was he came to be there: while going to the station, they were just in front of me; I can't say whether he gave his account to the constable—it is not usual always, when three constables take three prisoners to the station, to call all three to give evidence—we have heard since that at the time Phillips was taken, his mother was seriously ill; I don't know that he did not give a correct address for fear of frightening her—he has been admitted to bail—I have seen him several times before but have not taken particular notice of him, I have never seen him with the other two prisoners—Macclesfield Street is about 150 to 200 yards from the schools.
The Prisoners' Statements before the Magistrate. Pulbrook says: "The constable has taken a false oath, I am an innocent man coming from my work. "King says: "I have nothing to say. "Phillips says: "I am not guilty."
Pulbrook and King in their defence asserted their innocence.
PHILLIPS received a good character.— NOT GUILTY .
PULBROOK and KING— GUILTY .
They then both PLEADED GUILTY** to previous convictions of felony at Middlesex Sessions, Pulbrook on 24th March, 1879, in name of Henry Wood, and King on 13th October, 1879.— Five Years' Penal Servitude and 25 strokes each with the cat.
MR. GRIFFITHS Prosecuted.
PETER RUTH . I am a milkman, of 80, South Street, Camberwell—on 19th January, about 8 p.m., I was in King Henry Street, Whitechapel—I had a sovereign and a half sovereign, and I put 10s. in my pocket before I went out, besides some odd shillings—I was wearing a silver watch and chain, value 6l.—five persons came up to me, the prisoner was one—he shoved me down in the gutter, and with the other four came on top of me, and the prisoner snatched my watch and chain and ran off, while the other four held me down and took all the money I had—on February 4th I went to the police-station and saw 10 men standing together, and picked out the prisoner—I was much hurt, and was obliged to keep in bed three days—as I ran after the prisoners one of them threw me down and hurt my stomach and bruised my knees, and I was not able to walk for a fortnight or leave the house—that was not the prisoner, but he knocked me down first and hurt me much, and I was stunned.
WILLIAM ROLFE (Police Sergeant H). On 19th January, about 4 p.m., I saw the prisoner in Whitechapel Road, near King Henry Street, with four other men well known to me—I received information of this robbery and a very good description of the prisoner on the same day, and was looking for him from then to February 4th when I took him, and told him I wanted him for being concerned with four others in knocking a man down in King Henry Street and robbing him, he said "I will go quietly"—he was placed with ten others at the station, and Mr. Ruth picked him out without any difficulty.
Cross-examined by the Prisoner. I said I wanted you on suspicion of a robbery, and conveyed you to another constable and asked him to assist me in taking you to the station.
The Prisoner called
MICHAEL HENNESSEY . I am in the boot and shoe trade at 699; Commercial Road, and Salmon Lane, Limehouse—the prisoner came into my employment between 1881 and 1882, and was with me three years—during that time I found him strictly honest, and a hard-working and persevering lad—he left my employment 12 months since—I have met him since, when I have been going to get my leather, and he said he was in the boot trade.
Cross-examined by MR. GRIFFITHS. He did not live in my house; he was employed by me from 9 a.m. till 10 p.m.; I know nothing of what he did after that—I do not know that his associates, Taffey, Driscoll, and
others, are now awaiting their trial for robbery with violence—I do not know that he is a general associate of thieves.
Witness in reply.
WILLIAM ROLFE (Re-examined). I have known the prisoner for two years as an associate of the worst class of thieves in the Commercial Road—the men who were engaged in this robbery are now awaiting their trial at the Middlesex Sessions for stealing a watch from a person outside the Gaiety Theatre—they would have been here if the prosecutor could have identified them—I have not known of his doing any work for the last 18 months.
The prisoner, in his defence, asserted his innocence.
MR. GRIFFITHS Prosecuted.
JOHN SYMONS . I am a dealer, and live at 11, George Street, Brick Lane—about 11.30 p.m. on 31st January I was in Mile End Road, wearing a gold watch and chain with a crown piece attached, value altogether 6l.—a man came up and pretended to be drunk—he went just in front of me and struck me in the chest with his fist, and lifted me up off my legs and knocked me down, and then another man tumbled upon me, and another man who was amongst them, not the prisoner, stole my watch and chain—I saw the two prisoners there—the police came up and took the man who was upon me—at that same time I heard the five-shilling piece fall on the pavement, and the constable picked it up—the man is not here who fell on me—as soon as he was taken, a man said to another "Give him a goffer," and one of the prisoners came up and struck the constables on the head and knocked them both down, and the man they had in charge got away—on 4th February I was sent for to the station, and saw a number of men standing together, and picked the two prisoners out as two of the men who were with the men who assaulted me—I did not see them take any part in it—I was hurt in my back—I am not well yet.
Cross-examined by Graham. I saw you with the man that stole my watch; you had different clothes on then to what you have now—the constable told me the meaning of goffer afterwards—I don't know whether you meant the goffer for the policeman or me—I picked you out from five others, one of whom was a detective—I saw the lot of you there, there were about 30 of you.
BENNETT WOOLCOCK (Policeman K 315) I was on duty in the Mile End Road on Sunday night, 31st January, and heard a man calling out—I saw Mr. Symons on the ground, rolling and struggling to get hold of a man—I caught the man, and he threw from his hand this 5s. piece and piece of chain on to the pavement—the prosecutor identified it—I saw Graham about 5 yards on—Symons said "I shall charge this man"—as I was going with him towards the station, just as we got to a coffee stall, Graham called out "Hop him, give him a goffer"—a large crowd was round the coffee stall—I then received a blow on my left shoulder; I looked round and saw Graham running away—some one then on the other side said "Take his stick," meaning my truncheon—when we got close to the Foresters' Music Hall the other constable was struck on his back
and knocked down, and some one struck him on the head—Graham and Taylor were there—I picked Taylor out at the station from eight others—as we crossed the road I was thrown down twice, and stones were thrown freely—I have a mark now—I was thrown down with a prisoner, and as I got up I was kicked, which doubled me up—the prisoner was taken from me.
Cross-examined by Graham. I did not see you again before I took you—I looked in the Star and Garter public-house, but didn't see you—you had the same clothes on on this Sunday night as you have on now, but a different tie.
EDMUND HALLINGS (Policeman K 450). On Sunday, 31st January, I was on duty with Woolcock in Mile End Road, and heard cries of a man as in distress, saying "You have got my watch"—I went up and saw Mr. Symons on the ground; as we got near him the man got on him and came towards us, and threw this 5s.-piece and piece of chain on to the pavement—I picked it up and put it in my pocket, and took him in custody—we then walked on towards Cambridge Road; we were surrounded by a regular mob—I saw the prisoners there, and heard Graham say "Let us upset the s—"—one or two in the crowd then said "Let us pull his stick out" meaning my staff; so I pulled it out myself—when we got to the corner of Northampton Street we were set on by 20 or 30, and I was knocked down—I tried to get up, but Taylor and five or six others kept knocking me down, and Taylor giving me the boot behind—I received a severe out on my forehead, and am still on the sick list—I cannot say whether Graham struck me—I lost my prisoner—I am quite clear Taylor is the man who treated me in that way—I saw my prisoner running away between Taylor and another man; I tried to follow, but was too much exhausted.
Cross-examined by Graham. I did not recognise you at first sight at the station, but you tapped me on my shoulder and said, "All right, old man, I am very glad you have not recognised me"—I did not walk down seven times without recognising you, only once.
Re-examined. I am quite clear he is the man—I did not see either of the prisoners before this attack was made—I got up to Mr. Symons about 11.5.
Witnesses for Taylor.
Cross-examined by MR. GRIFFITHS. My landlady was in the house as well, it is not far from Mile End Road, it would take me about ten minutes to walk there—I cannot account for his giving the name of Taylor—I went to bed at the same time as he did; we live downstairs and have got two rooms, he does not sleep in the same room as I do—he wished me good night, I saw him in bed because I went to see that the door was shut—he can go from his room into the street from the back door.
By the COURT. I looked at the clock, it was between quarter and 20 minutes past 10 when he took off his boots in the front room and wished us good night; we have two rooms.
MARY ANN FULLBERG . I am married, and live at 121, Ernest Street, White Horse Lane, and am a boot and shoe machinist—I know Taylor was in from 10 to 20 minutes past 10 on this night, he keeps good hours—my rooms are above theirs and I heard him wish his father and mother good night and shut his room door.
Cross-examined. My husband was there and heard it too, I suppose—he and Taylor's father are not here, they were here the other day—this was 20 minutes past ten—Mrs. Taken said something to me just now as I came into Court, about a quarter past ten, but I don t know that I was to say that time—I know it was that time because she went round to my sister's at 20 minutes past eight, and before she came back he came to the door and spoke to my sister—I have got a clock but I didn't look at it—it would take me about a quarter of an hour to walk to Mile End Road—I have never seen Graham before—this was Sunday, I don't know what Taylor was doing on the Saturday, on the Friday he was sweeping the snow; I don't know where he was on Monday, Tuesday, or Wednesday, he was only my lodger; I am the landlady of the house—I went to bed on Sunday about 25 minutes to half-past ten, if anybody had gone out after that I should not have known it.
By the COURT. I was sitting nursing my baby and having a bit of supper when I heard him close his door.
Taylor's Defence. "Graham knows I had nothing to do with it, he don't know me."
Graham in his defence stated that he was innocent, he was brought up on one charge and then they tried to get at many cases at they could against him, and that he did not know Taylor.
GUILTY .— Eighteen Months' Hard Labour, and twenty strokes with the cat each. (The COURT commended the conduct of Woolcock and Hallings, and awarded them 3l. each.)
There was another indictment against Graham for a like robbery.
MR. METCALFE Prosecuted.
RICHARD ELIJAH LUNT . I am clerk to Messrs. Akers and Company, of 2, Hounsditch—on 25th January I sent off a parcel of sateen, 370 yards, value 16l. 4s. 4d., by Messrs. Pickford, consigned to McPherson, Ross, and Company, of Liverpool—this consignment note is in my writing—this (produced) is a portion of the original parcel, it was not very large, silk lies very close together.
GEORGE HOPKINS . I am carman to Pickford and Co., of Broad Street—on 25th January I collected a parcel of silk from Messrs. Akers and Co., Houndsditch—I then drove my van some little distance up Houndsditch, collecting goods, and missed it at about 10 minutes to 6—I at once gave information to the police.
ARTHUR JONES . I am assistant to Joseph Jones, a pawnbroker, of 31, Church Street, Spitalfields—on Tuesday, 26th January, about 3.30, the prisoner came in and offered this 10 1/2 yards of silk in pledge—I said "To whom does this belong?"—she said he had bought it at Messingham's; that is a linendraper's—I said "It is no use telling me a falsehood, as it has been stolen"—I had had a description two hours before—I told her
I should give her in custody, and she immediately ran out of the shop—I gave a description of her to the police.
ROBERT LEAMON (City Detective). On 30th January at 2 o'clock I was at Bishopsgate Street Police-station, and the prisoner was brought in by Roper—I said "Is your name Annie Cohen?"—she said "Yes"—I said "On the 26th, last Tuesday, you took a piece of silk to Mr. Jones, a pawnbroker, of Church Street, Spitalfields, and offered it in pledge"—she said "Yes"—I said "On his questioning you respecting it you ran out of the shop"—she said "Well, I didn't want to get looked up"—I said "That piece of silk which you offered in pledge is a portion of a parcel stolen on the evening previous, how do you account for the possession of it? just be careful what you say, as you may be charged"—she said "I got it from a man"—I said "Who is that man?"—she said "I don't know"—I said "You surely don't pledge for any one or every one and know nothing about them; you had better tell me the truth, as I know better"—after some further conversation the was placed in the dock and charged.
The Prisoner's Statement before the Magistrate. "It was a man gave it me to pawn, and I took it in to pawn; I know nothing about the robbery; he goes in the name of Barney; I don't know his other name."
Prisoner's defence. A man asked me to go and pawn it for him—he gave it me outside a public-house, which is at one corner and the pawn-shop at the other.
GUILTY on the Second Count She then
PLEADED GUILTY** to a conviction of felony at Middlesex Sessions on 25th July, 1881, having then been previously convicted.— Five Years' Penal Servitude.
MR. DE MICHELE Prosecuted.
HENRY BOVINGTON (Policeman 424 E). On 26th January about 1.15 a.m. I was in Euston Road, at the corner of Bedbury Street, and saw the two prisoners about three yards away walking from the prosecutor, who was lying in the road on his back—I saw no one else—Downes passed within about a yard and then ran down Cambridge Street into St. Pancras Road, where I caught him—before that I heard the prosecutor trying to halloa, but I could not hear what it was, because they had got their hands over his mouth—Downes said "What are you going to do?"—I said "I shall take you back to where the prosecutor was knocked down"—he said "I know nothing about it"—the prosecutor had been drinking, but was sensible enough to know what he was doing; he said he could recognise the woman but not the man, because they knocked, him down so quick—I did not see either of the prisoners do anything to the prosecutor.
FREDERICK PHILLIPS . I live at 100, St. Paul's Road, St. John's Road, Hoxton, and am a clerk—on this morning, 26th January, I was in Euston Road right opposite the St. Pancras Station of the Midland Railway—I was perfectly sensible—I had perhaps been in one public-house
house—I had been to a friend's house; I cannot tell how much I had there—I never thought it would be brought before me again, and I didn't take notice—I was not strictly sober—Collins accosted me, but I do not know what she said—I was immediately surrounded by two, three, or four men, and was knocked amongst them on to the ground, and my silver watch worth 3l. taken—I had money on me, but they had not time to take that—I do not recognise Downes—I complained to Bovington, who was in plain clothes.
Cross-examined by Downes. I was not struck, I was simply pulled to the ground.
Cross-examined by Collins. I lost my spectacles; I did not charge you with stealing them—I did not say that I had been with you three-quarters of an hour and at another time one minute.
The Prisoners' Statements before the Magistrate. Downes says: "I know nothing of the prosecutor. I had a few words with the woman, and struck her; that caused me to run away." Collins says: "I was with him three-quarters of an hour. I know nothing about Downes. I spoke to him, and he hit me. I was going home."
Downes's Defence. I don't believe the prosecutor lost such a thing as a watch. I know nothing about the watch, and I never saw him before I saw him at the station.
Collins's Defence. I was going home. I live in Somers Town. I know nothing about this.
GUILTY . Collins was recommended to mercy by the Jury. Downes then
PLEADED GUILTY to a conviction at this Court in May, 1884.
DOWNES— Eighteen Months' Hard Labour.
COLLINS— Three Months' Hard Labour.
MR. HUGGINS Prosecuted.
WALTER JOSEPH BYRON . I am a tailor, of 13, London Street, City—on 8th January I had this coat hanging up in my doorway, and shortly afterwards I missed it and reported it to the constable on the beat—it is worth about a guinea—next morning the constable came and told me something, and I went to the police-station and identified my coat—I did not see the prisoner at all.
Cross-examined by the Prisoner. I lost it about 6 o'clock as far as I can remember; I presume it was 6 o'clock because I was having a cup of tea then.
Re-examined. My shop is about five or six minutes' walk from Petticoat Lane.
HENRY BURGE (City Policeman 899). On 8th January, about 8.15 p.m., I was in London Street, and saw the prisoner—I had seen him before that night at about 6.30 at the top of Petticoat Lane, and I had seen him before that—from his suspicious movements I watched him—he stood at the corner of a tailor's shop, 39, Aldgate High Street, and was looking about to see if anybody was watching him—he saw me, and hurried away—I was within 6 yards of him—I watched him from 8.15 till 9 o'clock, and from what I saw him do I took him in custody, and took him to the station on three other charges—I searched him, and found
this overcoat under his other coat—I said, "How do you account for the possession of this overcoat?"—he said, "That is all right, I bought it"—I said, "Where did you buy it from?"—he said, "Find out"—he was then charged with the unlawful possession of the coat—he refused to give any name—at the police-court next day he gave his name Joseph Shepherd—on the way to the police-court next morning I said to him, "I found an owner for that coat, it was stolen from outside a shop in London Street last night between 6 and 7"—he said, "That is a mistake, I bought it in Petticoat Lane last Sunday morning, I gave 12s. 6d. for it."
Cross-examined. They would not take the charge at Bishopsgate Street Police-station because it was out of the district, and I had orders to take you to Seething Lane—I do not know whether the address you gave was right or wrong.
By the COURT. I first saw him about 6.30, when I had occasion to speak to him through his pushing against a boy deliberately, and I said, "You will push against some one soon who will give you a little back with interest."
The Prisoner's Statement before the Magistrate, "I deny the charge of stealing the coat. I bought it on the 12th of this month in Petticoat Lane for 12s. 6d." He repeated the same statement in his defence.
GUILTY on the second count.
FOURTH COURT.—Thursday, February 11th, 1886.
Before Robert Malcolm Kerr, Esq.
301. CHARLES BORLASE CAMPBELL (44) , Stealing 20l., the money of Arthur De Belin and Adelaide Geraldine De Belin, his wife. Other Counts for stealing 18l. and 38l., and for converting a security and misappropriating the money.
MR. STATHAM Prosecuted; MESSRS. MOYSES and PARKES Defended.
WILLIAM CHARLES GALE . I am managing clerk to a firm of engineers, and live at 26, West Croft Square, Hammersmith—in February, 1885, I told the prisoner that the prosecutor and his wife required 50l., and he said he knew a good channel through which to get it, and that if I would bring him a promissory note made payable to him or order, and drawn by the prosecutor and his wife, he would see about it—Mr. and Mrs. De Belin are great friends of mine; I have know them for years—I told him if he could not get the promissory note discounted he was to return it to me within a week or 10 days—he undertook to do so—I gave him the note, which was, in this form: "We promise to pay Charles Borlase Campbell 50l."—no actual sum was fixed for commission, but the prosecutor was to have 25l. for a specific purpose—I do not know how the balance was to be divided; it was discussed, but nothing was arranged—I gave the note to the prisoner on the 25th February—about three days after he said he had not been able to see the man who was going to discount it—I saw him again about three days after, when he made further excuses, and said he had not been able to see the man—on
the following day I met him, and he told me he had a hole in the lining of his great-coat, and had lost his pocket-book in which the bill was; that a policeman had told him a man in Ironmonger Lane had picked it up, and had given his address at Dalston, and that he wished to go there but had no money to give the man as a reward—I gave him 4s. or 5s. for that purpose—next day I met him; he said he had recovered his pocket-book and got the bill back but had left it at home—I asked him to return it to me—I wrote him a peremptory letter—he answered that he had hunted everywhere but could not put his hand on it, and that of course he would pay on settling day, and that he was thunderstruck at the striking out of the Lambkin—the Lambkin was a horse running in the City and Suburban—I have not got a copy of my letters to him—he has made no payment to me on account of the bill—I wrote to him saying we should take criminal proceedings if he did not pay—he has not returned the bill.
Cross-examined. I have known the prisoner about five years—he has never lent me money; I have lent him some—I have know Mr. and Mrs. De Belin 17 or 19 years, and have lodged with them for the last 15 years—the prisoner has known them about 18 months; I believe he has only seen them once—I negotiated the note with the prisoner and prosecutor—the prisoner was not present when it was made; it was made payable to him at his request—I am sure it was not at my suggestion—I dare say I commenced by saying my friends wanted an advance—I did not want money myself at the time—I told the prisoner I had bought furniture from Norman and Stacey, and had a deposit of 1l. to pay—I did not say I should like some money to pay it; the prisoner said he should like some money himself—I knew his circumstances were not very flourishing—I knew Mr. and Mrs. De Belin were pressed for a certain amount, not that they were in poor circumstances—I was security for a bill of sale on their furniture; the prisoner suggested the note—I think I said at the Mansion House that I told the prisoner I must have the note back in a week or 10 days if he could not get it discounted—I believe Mr. Sarle is a friend of the prisoner's—he gave me a sovereign and said he came from the prisoner's wife—he owed it to me; it had nothing to do with this matter, I am certain—the prisoner did not appear to the summons—I may have discussed with him the getting of a loan; if he could have done it I would—I may have employed him to get a loan for me two or three years ago; I have not spoken to him since then—I never kept copies of my letters to the prisoner—I did not say in one of them that both I and the De Belins were hard up—I have had two or three transactions with the prisoner during three or four years—I cashed a cheque for him at Hammersmith; it was dishonoured—I borrowed 10l. about two years ago and lent him 5l.; it was from a friend of his, but he did not help me to borrow it—my first transaction with him was a bill about four years ago for 25l.; I think we got 8l. out of it; that is the only other transaction I can remember—there was a bill drawn for 15l. for the prisoner to get discounted—he returned it, suggesting a larger amount should be put on, and then it was arranged if we could get it for 50l. I was to have the 15l. one back; the 15l. matter ended in nothing—that was dated about a week before the 50l. note—the 15l. note was returned in a week or 10 days, and the second note was given on the same terms—the prisoner repeated the terms to me, I swear that—he did not return
the 15l. note till alter he had had the 50l. note for some days—he said he wanted money, and that we had better make the note for a larger amount—he told me he had heard a good thing for the City and Suburban, and would I put a sovereign on for him—I only bet in sweepstakes and put a little on now and then—I was once in trouble for travelling without a ticket; I went to sleep and had given my ticket up, and it was so late I could not get bail—the prisoner was my witness; he knew I had taken my ticket—I merely had to pay the fare; no costs were attached to it.
Re-examined. I was to receive nothing for the bill; I was to get no commission, and was disinterested in it—there was no reason why I should keep a copy of the letters—I have lent 4l. or 5l. to the prisoner—I gave him express instructions as to the 50l. bill—I went to sleep in a train and went beyond my station, and they wanted to charge me excess fare, which I refused to pay—I merely had to pay the fare when taken before the Magistrate.
ADELAIDE GERALDINE DE BELEN . I am the wife of Arthur De Belen—in February last we were anxious to raise money for a private purpose—I was entitled to a reversion on my father's estate, which would shortly have accrued due; my husband has a pension—I know Mr. Gale—in consequence of what was said to me I signed a promissory note for 50l. at three months jointly with my husband—we were to receive not less than 25l., but no particular sum was mentioned—we gave the note to Mr. Gale, we have never got any money; we have had an execution in the Mayor's Court—I have not seen the prisoner at all in the transaction—we asked Mr. Gale to apply for the money, but could not get a penny—the prisoner wrote two letters, one to Mr. De Belin and one to Mr. Gale, to the effect that he would call on a certain morning and explain, and if we wanted an advance he would procure it—that advance referred to a subsequent sum, I understood.
Cross-examined. I expected to be able to meet the bill at the time I made it, from a reversion which was to fall in from my father—at that time my father was alive, but was not expected to live from day to day—I had an allowance of 150l. a year coming from my father's estate—the note was made payable with Messrs. Halyett and Company; they had some money of my husband, they drew his pension every month—the reversion yielded nothing to me, I expected to get 300l. and got nothing—I trusted entirely to the representations made me by Gale—Mr. Cliff called on me with reference to the note five days or a week afterwards, very soon after we gave the note I told Mr. Cliff the note would be met at maturity—I told him I had been introduced to the prisoner and his wife; I heard of him from mutual Mends, but did not know him very well personally—I told him the prisoner was to get it discounted, and we were to let him have something out of the proceeds—I swore as information at the Mansion House that I expected we should have the proceeds handed to us and we were to hand some to the prisoner—I heard the Lord Mayor and Mr. Gresham call attention to the grave discrepancy between my husband's information and evidence; the information was sworn by us both—there was no censure, my husband's memory is bad from paralysis—he said at the Mansion House that the prisoner was to have half, I said we were to have half—all I knew was that the prisoner
was to have some of it, no sum was fixed; we wanted 25l.—we did not know what the prisoner's letter meant.
Re-examined. We had great faith in Mr. Gale, he has lived with us for 17 years.
ERNEST RICHARD CLIFF . I am a money lender and bill discounter of 43, Cheapside—I have known the prisoner some time—on March 7th he brought me a bill of exchange for 50l. dated 24th February, payable by Mrs. and Mr. De Belen on 27th May—previously to that he had asked me to lend him some money; I said I could not do so on his own security, but if he could get anybody as security for him I would, and I understood this bill was security for a loan to him—he said nothing about handing the proceeds to Mr. and Mrs. De Belen—on 7th March I gave him 12l., deducting 2l. 2s. 6d. for interest, 9l. 17s. 6d.—on 14th March I gave him 9l. 17s. 6d. again, on 27th April 9l. 17s. 6d.; altogether I gave him 38l. 10s. on the whole bill in three instalments—I took no receipts—my cheques are receipts.
Cross-examined. I gave him 2l. in cash in March, that hardly belonged to this particular amount—I lent him 2l. as he was going away into the country; I don't think it would come into this amount—he might not have had so much as 38l. on this bill; the payments were spread over from 7th March to 27th April, and he never had a larger sum than 10l. 10s. at a time; he had it in driblets—I went to see the prosecutors with reference to the note before I advanced the money; I saw Mrs. De Belen, who said her husband had known the prisoner in India, I think, and that Halyett would meet the bill—she said they had made the note for the prisoner to get it discounted and he was to let them have something out of the proceeds, that she trusted Mr. Campbell as her husband had Known him, and that he had promised to lend them something out of it.
Re-examined. She did not tell me that the prisoner was going to give them the proceeds and that they were going to let him have something out of it, or I should not have let him have it—I cannot remember the exact words, but she said he was going to let them have some of it.
By MR. MOYSES. I realised nothing from the plaintiffs—I believe the prisoner has been a captain in the army.
CHARLES BRYAN (City Detective). On 23rd January I saw the prisoner in the Waterloo Road—I said to him "Excuse me, sir, are you Mr. Campbell?"—he said "No"—I said "What if your name, please?"—he said "My name is Sinclair"—I said "Where do you live?"—he said "Round the corner"—I said "I believe you are Mr. Campbell, and I shall arrest you on a warrant for stealing 20l.; unless you can show me that you are not, you will have to come with me to the station"—he said "I will be honest with you, "I am Mr. Campbell"—he said on the way "It was merely a money transaction, they wanted 100l."
Cross-examined. Directly I told him I was a detective, he told me he was Mr. Campbell.
FREDERICK DOWNES (City Detective). On the 23rd I read the warrant to the prisoner—he said he was very foolish not to have appeared to the summons, but they had been trying to settle the matter—he heard there was a warrant, and he intended to appear when he had sufficient means, but he did not see how Mr. De Belen could prosecute him for felony as he was a bankrupt.
GUILTY. Strongly recommended to mercy by the Jury and Prosecutors. — Six Weeks' without Hard Labour.
MR. GEOGHEGAN Prosecuted.
WILLIAM SHERWOOD . I am a beer retailer of 43, William Street, Hampstead—early in November the prisoner gave me this advance note (this part was not torn off it then), on the strength of which I lent him 5s.—he told me he had cashed if for his brother, a sailor—it represents 3l. 10s.—he said his brother would repay me three days after the vessel sailed—the vessel is the Glen Nector—he had not repaid the 5s. (Note read: "3l. 10s. three days after the ship Glen Nector leaves the downs, pay to W. Cooper provided he sails in the ship, and is doing his duty. E. white, master.")
Cross-examined by the Prisoner. Yes said you would pay me in a few days; you did not pay me half a crown of it—you came in afterwards, and borrowed a half-crown—I asked you on several occasions to pay me—I understood you to say it was your brother.
JAMES BISHOP . I am a greengrocer, of 76, Osnaburgh Street—on 21st November the prisoner called and gave me this seamen's allotment note for 3l. 10s. on the Glen Nector—he said it was payable to his wife, and this was half of a month's pay note and represented his wife's brother's pay—I lent him 15s. on it—he said it was payable on the 16th—I afterwards met him in a public-house, accused him, and got 5s. out of him.
Cross-examined. You did not bring the money to my shop; I got it form you outside the public-house.
ALBERT ROBERT THOMPSON . I am a clerk in the Seamen and Shipping General Register and Record Office, 62, Basinghall Street—I have searched the Records and can discover no such vessel as the Glen Nector for the last 10 years—the official number on this note does not apply to the Glen Nector, but to a totally different ship.
Cross-examined. I have some certificates of character of yours.
The prisoner in his defence stated that the notes were brought to him, and he said he would cash them and lent money on them, and that as he was rather short he asked for a loan on them; that he had no intention to defraud and thought that the notes were perfectly right.
NOT GUILTY .
303. HENRY FLEMING (39) , Unlawfully obtaining by false pretences from Macluff Belisle 40l. and from Henry George Harris 242l. 10s. with intent to defraud, and attempting to obtain from George Melhuish large sums of money with a like intent.
MESSRS. FULTON and GOODRICH Prosecuted; MR. PURCELL Defended.
MACLUFF BELISLE . I live at 26, Grosvenor Street, Camberwell, and am an illuminating draughtsman and designer—in December 1885 I answered an advertisement in one of the daily papers, and on or about 18th December the prisoner called on me, produced his card, and said, he was a manufacturing jeweller and wanted some money to execute
some orders, and asked if I would advance 40l. on the security of jewellery and a promissory note for 46l.—he left the jewellery and the note for 47l. with me, and I gave him 40l. in gold, which he was to repay in a week or a fortnight I think—I think the bill was already written—he accepted it in my presence—I believe this letter of 3rd January, which I received by post, is in the same writing as the acceptance on the bill. (The letter stated that having been disappointed in some money which he thought was coming in, he could not take the bill up for a few days; that he hoped the prosecutor was not particular for a few days, and that the matter would be right by the end of the week. Signed "H. Griffiths") The card he gave me had on it H. Griffiths, 12, Jubilee Terrace, Forest Gate—I went there about a week after the receipt of the letter, but did not find the prisoner there—I subsequently received the letter of 8th January. (Regretting that owing to some severe losses he was unable to take up the bill.) I went three times to Jubilee Terrace to try to see him—hearing no more of him, and the bill not having been taken up, I disposed of the jewellery and got 18l. for it—he also left these two, and I think another, pawn contract with me when he originally got the money—I paid 1l. 5s. and 1l. 10s. to look at some of the things—I took one thing out of pledge, and afterwards pawned it again at the same place, losing 1l. over the transaction. (The COURT considered that this evidence could not be taken at proof of false pretences.)
HARRY GEORGE BENVENUTO HARRIS . I am a medical man, of 24, Westbourne Park—in June last I saw an advertisement in the Daily Telegraph, "20l. loan wanted for one month, liberal interest, and valuable security deposited"—I replied to that, and on 30th June the prisoner called with reference to my letter—he said his name was Griffiths, of Jubilee Terrace, Ridley Road, Forest Gate; that he was a manufacturing jeweller; that he had a large order to complete, and wanted this money to help him to complete it, and he asked me for the loan of 20l. for three weeks or a month—he said he should make a large profit out of the transaction, and if I would oblige him he would give me 7l.—I agreed to lend the money conditionally on seeing where he lived—I went to 12, Jubilee Terrace, Forest Gate, and found he was living in a small house—he had sundry jewellery about—he said that he lived there, and showed me two receipts for his rent for the Christmas and March quarters; he said the June quarter would be paid in due time—I saw no manufacturing of jewellery going on—I asked if the furniture was his; he said "Yes," he said he had no bill of sale on it—I agreed to, advance the 20l.—he gave me as security some jewellery, pawn-tickets, and a promissory note for 27l.—I lent him the money, believing the statements he made me that he had contracts at Birmingham and was carrying on the business of a manufacturing jeweller—afterwards he came to me and said he had another order from Birmingham, and wanted to buy precious stones and other things to manufacture the same, and would I lend him 50l.—I did so, and he gave me as security more jewellery, pawn-tickets and a promissory note for 60l. 10s. at 14 days—he then said, "I forgot to show you my workshops"—I said, "I forgot to ask for them"—he said, "I will show them on another occasion"—afterwards he came to me again—in all I advanced him 242l. 10s.—in July he gave me a promissory note for 300l., amalgamating all the sums together—I made an appointment to meet him on 21st July at the
Haymarket Stores for the purpose of receiving the 310l.—he did not meet me there—I sold the jewellery, it fetched 33l.—the pawn-tickets were worthless.
Cross-examined. I have lent money in several instances; it is a trust fond, and I hare lent it for the benefit of the beneficiaries.
By the COURT. I lent the money on the promissory note and jewellery and pawn-tickets, believing what he said was tone—if I had known that the prisoner was only a lodger in the house I should not hare advanced the money.
THOMAS ELLIS . I live at 12, Jubilee Terrace, Forest Gate, and am the householder, paying the rates—I have been there since June, 1882—the prisoner rented the rooms from me in the latter part of April, 1885, but never occupied them—he came there in the daytime—he had no work-shop at my place—he is my brother—I saw no receipts for rent—the furniture in the house belongs to me—he had no receipt from me.
GEORGE MELHUISH . I live at 5, Bennett Street, Fitzroy Square—about eight weeks ago I saw this advertisement in the Daily Telegraph. (Stating that a trader doing a larger business than his capital allotted wished for a loan, and would give ample security to ewer, and 20 per cent, interest.) I answered it—the prisoner called on me in December last, and asked if I was prepared to advance him any money—I said if the security was good I would—he said he would come again on Monday morning and bring the security—he came on Monday and said he was going to the Strand to fetch the security—in the meantime the police were communicated with—he came back in the afternoon and produced precious stones and rings, representing their value to be 80l.—the police took him in custody.
ALFRED ROWAN (Police Sergeant E). In consequence of a communication from the last witness I went at 10 a.m. on 14th December to 5, Bennett Street, where I saw the prisoner—when he left the house I followed him—he returned at 4 o'clock, and I arrested him in Mr. Melhuish's room—I told him I was a police officer, and should detain him till the goods had been valued.
GUILTY .— Eighteen Months' Hard Labour.
OLD COURT.—Friday, February 12th, 1886.
Before Mr. Justice Denman.
MR. MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
GUILTY .— Fourteen Months' Hard Labour.
MR. MANTAGU WILLIAMS Prosecuted; MR. KEITH FRITH Defended.
GUILTY .— Seven Years' Penal Servitude.
There was another indictment against the prisoner for arson.
NEW COURT.—Friday, February 12th, 1886.
Before Mr. Common Serjeant.
MR. GRAIN and MR. TICKELL Prosecuted; MR. WILLIS, Q.C., and
MR. FULTON Defended.
EDWARD HANCOCK (City Detective). I met the prisoner at Gravesend, and he was handed over to me by the police authorities on board ship—he said that he had seen the warrants before in Hamburg, and knew their contents.
JOHN HENRY HERARD . I am one of the firm of Burnand and Co., stock brokers, Lombard Street—on 13th April I sent a cheque for 51l. 12s. 8d. to Messrs. Keyser and Co.—there was no letter; it was handed to them, or given to their clerk, in exchange for some bonds—they have, I suppose, credited me with the amount.
Cross-examined. This (produced) is the cheque—it was brought from Martin and Co. and paid to Messrs. Keyser's account, and bears their stamp across it; that shows that it has been through Martin and Co.'s bank—we number our cheques consecutively—this is No. 950—we put the number in the customer's part, not in the body.
Cross-examined. We have been credited in our account with Keyser and Co. with this 300l.
ALFRED BINDER . I am manager of the Discontor Co. of Berlin—I wrote this letter dated 11th June, 1885, and among other remittances I enclosed this cheque for 75l. to Messrs. Keyser—it must have been enclosed—I did not enclose it myself—I recognise it—I got this acknowledgment by this letter, with this slip attached initialled by the prisoner: "75l. cheque, London; when this bill or cheque is paid, kindly return these notes to us, U. A. W."
Cross-examined. We have been credited in our account with Keyser and Co. with the 75l. under date of the letter of 13th June.
ARTHUR ELLIS FRANKLIN . I am one of the firm of A. Keyser, bankers and money-changers, &c., 21, Cornhill—we are not members of the Clearing House—we act among our numerous friends and correspondents, as bankers, we open accounts with them—the prisoner came into our service on 11th August, 1879; that is the date of his guarantee—there was a guarantee of 1,000l. up to the time of his father's death, since that it is valueless—he was corresponding clerk—he is a good linguist—he opened an account with us in his own name—a gentleman in our business having left, the defendant inquired if we had any objection to his making commissions, and increasing his income by obtaining commissions from friends for executing orders in investments in Stocks—we did not object; that was in his hours—I understood that he was investing money for friends abroad—all the members of our firm are invariably away for worship on Saturday; there are three of us—Mr. Perugini is the confidential and chief clerk—he would open letters on Saturdays, and so would the defendant, but on other days of the week the usual course is
that some member of the firm opens the letters—when the prisoner opened them he would initial them when he had finished them, to show that he had handled them—we keep debtor and creditor accounts with all our customers—this (produced) is called "No. 8 Black Book," that is the first book in which any entry is made of remittances received by the firm—it would be the prisoner's duty, in the first instance, if a letter came with a remittance, to enter in this book the name of the customer from whom the remittance comes, and the amount remitted; he would then make out a yellow credit slip and hand it to another gentleman who keeps the ledger account, and who enters from the yellow slip the amount shown on it to the credit of the person indicated as the remitter, first in the journal and then in the ledger—the black book and the yellow slip are the foundation of all the entries of remittances in the journal and ledger—at page 147 of this book I find an entry, "U. A. W. 50l., April 13th," in the prisoner's writing—any credit to Messrs. Burnand and Co. of 51l. 12s. 8d. would be recorded in this book as having been paid in on that day, but I find no such entry—this cheque for 51l. 12s. 8d. which has been put in has not been received by the firm—it ought to have been entered on that day to Messrs. Burnand's credit—this item of 50l., and this 1l. 12s. 8d. just underneath, are in the prisoner's writing—I find here "U. A. wegener dis" (which means "Disconter Company") 50l.—at page 166 I find 300l. on May 1st, and an entry "Credit U. A. W. 300l.," against which is written "Notes, Brown"—I do not know what "Brown" means—I find no entry on that day to the credit of Messrs. Marcus and Volknar for 300l.—we know now that Mr. Volknar did remit that bill on the Credit Lyonaise for 300l. and it ought to have been credited by the prisoner—this credit slip for 300l. "U. A. Wegener" is in the prisoner's handwriting, and at page 206 I find an entry to his credit of 75l. "L.&W."—that indicates a cheque on the London and Westminster Bank—the meaning of that would be that Wegener had paid in 75l. by means of a cheque on the London and Westminster Bank to go to his credit—I find no credit for 70l. that day to the Disconter Company—they ought to have been credited with that amount that day—the Company paid that 75l. in July, after we had rendered our account to the end of June—an application came from them about the omission—we had to pay them that after the prisoner had left—this discount slip "U. A. W. 75l." is in the prisoners writing—I find in the ledger on 15th April that Wegener is credited with 50l. in due course, and on May 1st his account is credited by remittances 300l.—on 17th June his account is credited with 75l., but it is entered on the 18th—there would be a delay in the post—on 16th April here is an entry "28,283" for 100l. drawn out—on 30th April I see that two cheques were paid in—the account was overdrawn—the paying-in slip is dated May 1st, and this account is April 30th—the account was overdrawn at that time, but the cheque might have been paid. (A number of drafts by the prisoner were read, from 15th to 25th June, amounting to 89l.) That last entry entirely closed the account; it is exactly even. (MR. WILLIS objected to any entries made since the prisoner left the service.) I did not keep the account myself—he drew out everything—there is no balance to his credit—the amount he drew out represents the sums paid in on the other side—this letter and envelope (produced) are both in the prisoner's
writing—here it a paragraph in which he says "There are 4,560l. according to my books, but in the first books they amount to over 5,000l."—we hare inspected our books and find that it is the figure he puts it at and more—we discovered 4,700l. and something—we use Martin's for the purpose of passing cheques through the Clearing House, and for changing dirty notes into clean notes—bankers always deal in clean notes—we do not reissue any cheques which we receive—we use Martin's for the drawing account as well—we have an ordinary banking account with them—it would be the prisoner's duty to pay in the different accounts to them which he received, but not giving any names—these three slips were made out by him—the first is April 15th; and among other items appear 51l. 12s. 8d. paid in under the heading of "Drafts payable in London"—that is Burnand's cheque—this "50l." would refer to the yellow slip, and "1l. 12s. 8d." to the Disconter—Martin's paying in slip does not correspond with the yellow credit slip as to Burnand's cheque—one is 50l. and the other 51l. 12s. 8d.
Cross-examined. This 51l. 12s. 8d. from Messrs. Burnand's passed into our account with Martin and Co., and we have had credit for it in their accounts—the prisoner had not authority to sign our name per procuration—he had authority to endorse cheques on certain occasions, jointly with another clerk, Belgina, or in his absence with Mr. Evingham, and I know that the 300l. in notes which came from Glynn's in respect to the Credit Lyonaise bill, passed into our account at Martin's to the credit of Keyser and Co.—we have been credited with it in our account with Martin's, and in the same way with respect to the 75l. obtained from the Alliance Bank—I have an account with Martin as an individual, an ordinary banking account—the 51l. cheque passed from our account, and has been paid to the credit of my account, and also the 300l. and the 75l.—the prisoner is debited in my account with moneys which he received from the firm—the cash 2l. and 3l. he would get from the cashier, but it would be charged against him in the cash-book and posted to his ledger account—the items marked "cash," are those which he would get from the cashier—he asked for the money, and it would be paid him without the presentation of a cheque, but he would sign for it—he would ask the cashier for it, and a slip would be prepared containing the amount, which he would initial; that would constitute the evidence of his receiving the money, and be the basis of debiting him in the cash-book, and finally posting in the ledger—all the cash entries which have been read this morning were paid to him in that way—he sometimes drew cheques upon us when he wanted money; we have our forms; this (produced) is one of them—he would draw this "A Keyser and Co., pay myself or order 20l. 16s. 8d."—I should think when he drew cheques it would be to pay away to somebody else, and not to be cashed by our cashiers, but it would pass through some bankers and come back to us to be cashed—he drew cheques on us which he paid away, and which circulated like any banker's cheques—sometimes he would fill up a cheque himself on Martin's, and bring; it to us, and if we approved of it we should sign it, and he would pay it away—he has had a large running account with us to the extent of thousands a month, and it was sometimes overdrawn—we were not aware of that, but I am aware of it now—it was overdrawn 500l. odd on 30th April, 1885, if the book says to—on page 336 he hit debited with 1,872l. and credited with
81,934l.—the largest item in May is 1,051l. 5s. 10d.; that is on the 14th May; that amount was paid by his order to our stockbroker for Stocks—the entry is in the stock journal which is in use to-day. (The book was sent for.) I have Messell's account in the ledger; he is our stockbroker—I can't tell whether this simply charges his account and credits Messell with the amount in our books, as it is made under hit instructions by the clerk who keeps the accounts—I do not suppose there was any cheque drawn in Wegener's favour or by him for this 1,000l.—I am sure he did not overdraw on us for 1,051l. 5s. 10d.—when I say he was indebted to us, that is by striking out from our account with him these items with which he has been improperly credited—we hare here "Loan and interest 100l. 4s. 2d.," at the end of April—I dare say one of my partners found out the defendant's account was overdrawn, and instructed that entry to be made—we allow all our clerks interest on their savings, but this is interest charged to him, his account being overdrawn 500l.; that would make 600l. which he had, over and above any credit—you have pointed out to me what I had not noticed before—this is in Mr. Logan's writing, the bookkeeper; he would not know that the prisoner was having this cash and drafts; the cashier would know it—at the end of May the defendant had 70l. to his credit—the instructions were to allow him interest—we have looked to see how his account stood, and he was once told that it was overdrawn, and I hear now that it was frequently overdrawn—transactions to a very large amount were taking place, and have done so for years past—I have been a partner since 1878—this book for 1883 shows the total amount of business transactions done with him, debit and credit 51,800l., and there is a balance to his credit of 1,096l.; that is the clerk at a salary of 250l. a year—in the first three months of 1884 it amounts to 50,306l. 4s. 7d.; that is his own private account—I believe my firm have had transactions in Stocks with him; our transactions with him are all recorded—I believed at the time that they were investments; I do not believe it now—the transactions were very large.
Re-examined. I was informed that the prisoner had occasionally received commissions for the purchase and sale of stocks for friends abroad—he gave some addresses but no names—I occasionally required Denver Bonds—I ascertained that he held some of them—we had instructions to buy some, and knowing that he had some we allowed him to have the benefit of it, and now and then we have asked him to buy something for us, but we have made absolutely nothing oat of it—here are a number of the defendant's cheques for 20l. 16s. 8d.; that was the amount of his monthly salary—he represented when he came that he had money of his own—I know that his parents are fairly well connected and well off—he did not tell us at the time that he intended to deal in Stocks for his friends, but he did afterwards, and it was generally understood between us—when these amounts have been drawn out, the sums into which we have been inquiring have been drawn out by the prisoner as well as many other sums which I have mentioned, and we are deficient 4,700l. in consequence of these entries.
CHAS. EDWARD PERNGINI . I am confidential clerk to the prosecutor—I remember the prisoner leaving under notice about the end of June—I received this letter from him about 29th July, it is dated July 14th; I handed it over to the principals, it has the London post-mark.
Cross-examined. I believe the prisoner had transactions with Messell
and Co. on the Stock Exchange, conducted in the name of Keyser and Co., No. 2 account; I do not know the amount pro fortnight.
ARTHUR ELLIS FRANKLIN (Re-examined). The contract is marked No. 2, it is concerning the orders given for the purchase and sale of securities given by the prisoner for his own accounts, to a certain extent with our consent—we found that he would persist in dealing on the Stock Exchange without our knowledge, and in order to keep control over him and to do as we thought our duty, we told Messrs. Messell that any order we grave in our office they might do, sending the contract marked No. 2 so that it might not be mixed up—they are our stockbrokers—we had remonstrated with the prisoner prior to that for speculating on the Stock Exchange, and he begged to be allowed to wind up pending affairs, and either at that time or shortly afterwards promised, that he would not make use of it for his own account—I said, in order to wind up the outstanding matters you shall deal with our stockbrokers, and we will open a separate account, so that we shall have supervision over you—that is the whole history of No. 2 Messell's account; No. 1 Messells account is our own transactions with them—when it came to our knowledge that the prisoner was speculating we remonstrated with him, we have never speculated with him or gained any profits of any kind whatever.
Cross-examined. We did not know that he was speculating on the Stock Exchange before we allowed him to use our name: and then because he had been speculating on his own account, we insisted on his doing the transactions in the name of Keyser and Co.; he gave the orders both for buying and selling, they should have been in our presence but they were not always so—Messells sent to us all the accounts in relation to the instructions we told them to carry out; we asked for the details, they sent in our account by itself and his by itself—here is 8,000l. on each side of the account, that seems to be carrying over, not business done for a friend—he continued these speculations on the Stock Exchange after he had liberty to use our name and deal with Messell's, because he managed to intercept the contracts, and my partners never managed to see them—our clerk paid Messell's the amounts—the items on No. 2 account are debited to No. 1 account and paid by us, they were paid out of the account.
Re-examined. We had remonstrated with the prisoner about the speculations before No. 2 account was opened, if he really had the money to buy we should not have objected to his speculating—it is not the fact that we have sanctioned any speculations by him on the Stock Exchange, if a man buys a thing and has the money to pay for it that is not speculating, but if he has not the money it is—before No. 2 account was opened we understood that all the transactions were either that he had the money to pay for them or to wind up the whole affair—we did not discover that he had speculated without means of his own, contrary to our knowledge—we have received a number of letters from him in which he promises not to do it again.
EDWARD CONSTANTINE . The Credit Lyonaise bank with Mills and Co.—this cheque was presented to me at the counter on 30th April, 1885, and I gave the person presenting it these two Bank of England notes for 200l. and 100l.
paid in among other slims, and on June 17th three notes, for 50l., 20l., and 5l., were paid in to the account of Keyser and Co—this cheque for 57l. 12s. 8d. was paid in, to the account of Keyser and Co. on April 15th under the heading of London drafts.
FRANCIS JOHN FINN . I am housekeper and messenger at the prosecutor's office—I recollect the prisoner leaving in June, 1885—shortly prior to that, he said on one or two occasions, that if I could find his cancelled cheques he should like to have them before he left—I looked up the whole of them to the date of his leaving, and gave them to him.
MR. WILLIS submitted that there was no evidence of the prisoner having committed either larceny or embezzlement of the three sums mentioned in the Indictment. The prosecution must show not only that there was a general deficiency, but that he had stolen or embezzled those precise sums of money, whereat he had not appropriated a single shilling of it, as he paid the three sums in due course to Messrs. Keyser's account at Martin and Co.'s, who had credited them to Messrs. Keyser. He had certainly put a name in the books at that of the persons paying the money, who had not done so, and to got credit for sums which he had not paid, and which went to reduce hit account, and to had falsified the books, but that was not larceny. MR. GRAIN contended that the prisoner had stolen not the cheques, but the three amounts in question; he received the cheques, and entered the amount to himself, instead of to the drawers of the cheques, and to obtained credit for money which he had never paid to hit own account, and although he had paid it in to hit master's account, he drew it out afterwards, which was the same as putting his hand into the till and taking the money. (See Rex v. Hammon, Russell and Ryan's Crown Cases, page 221.) The COMMON SERJEANT left it to the Jury to say first, whether the prisoner's intention was permanently to deprive the owner of hit property. Second, whether, there being no actual taking, but a constructive taking only by the prisoner putting his initials against the amount, he was guilty of embezzlement or larceny.
NOT GUILTY . (See page 410.)
FOURTH COURT.—Friday, February 12th, 1886.
Before Robert Malcolm Kerr, Esq.
MR. WILSON Prosecuted.
WILLIAM JAMES HILEY . I live at 6, Mile End Bow—on 2nd February, at 11.30 p.m., I was sitting in my kitchen when the landlord made a communication to me, and I saw the prisoner walking out at the door—I followed him—he dropped these things, I did not stop to pick them up, but chased him up the street, they are mine—the house was shut up.
JOHN GOODBAN (Policeman K 48). The prisoner was given into my custody on February 2—he said the prosecutor had made a mistake, that he was walking down the street when he was collared—I made him take off his boots, and found in the prosecutor's garden footprints corresponding exactly with them, they had round nails and Black's patent protectors.
He then PLEADED GUILTY to a conviction of felony in July, 1885.— Twelve Months' Hard Labour.
MR. WILSON Prosecuted; MR. KEITH FRITH Defended.
ELIZABETH KENNEDY . I am a hawker, and live at 45, New Peter Street—about 11 p.m. on 4th February I was in the Admiral Nelson, where a "friendly had" was going on—I heard screams, and looked and saw a man named Lennard bleeding from his eye—the prisoner was standing near him with her sleeves tucked to her elbows, a knife in her left hand, and an iron similar to this in her right—I saw her strike Richards 10 or 12 times, he cried out; I saw no one else strike him.
Cross-examined. The prisoner once aimed two pint pots at me and hit my little girl—I never quarrelled with her; I did not say I would make it hot for her—I got a summons against her and forgave her—I saw no fighting in the street between the men, I saw Mrs. Dale there—there was a crowd of about 30 people, I did not see the men come out of the public house, I did not say that I did before the Magistrate.
WILLIAM RICHARDS . I am a stoker of 23, Isabella Street—on the evening of 4th February I had been to a "friendly lead" at the Admiral Nelson—I came down about 10.30 by myself and went into the street—I was knocked down and stabbed ten times by the prisoner and Murray, who used to cohabit with her—I saw a knife in her hand and a glass, I think, as well—I became senseless—I had not spoken to the prisoner before this night; I had not struck Murray that evening—I was taken to the hospital, and I remained there five weeks—I had seen the prisoner eight or nine days previous to this, I think.
Cross-examined. I swear I never passed by the name of Dale, I go by the name of Dakin—I was once convicted of assaulting the police—I am a stoker in the South Metropolitan Gasworks; it is six or seven months since I worked there—I was never a fighting man; the scar on my face I got by falling down—I have known Lennard a few years, I do not know him by the name of Furchuff; he is not a fighting man—I am positive Capps did not bring in Lennard to fight on this night—we were all three at the Admiral Nelson together.
WILLIAM AXFORD . I am surgeon at Westminster Hospital—on the evening of 4th February the prosecutor was brought there bleeding freely from several wounds about his head and neck of various depths and from 2 1/2 to three inches long—one wound divided his lower lip; there were lacerated wounds on different parts of his head—the wounds had been caused by a sharp instrument—there was also a contusion on his knee.
Cross-examined. I don't think this piece of iron could have done it—the superficial wounds might have been caused by a fall, and the others possibly by broken glass—I believe the prisoner was admitted to bail in 5l. by the Magistrate.
WILLIAM CUSSENS (Policeman). On 6th February I charged the prisoner with stabbing William Richards; she said "I know nothing about it—when I came up the fight was all over"—the iron was handed to me by Mrs. Warren, who keeps a shop two doors from the public-house, she picked it up in an area close to where this took place.
Witnesses for the Defence.
DALE. I am the wife of George Walter Dale, a labourer, and live at 51, Strutton's Ground—on this evening I went with my husband to the Admiral Nelson—as we came out, just outside, we met Murray and the prisoner—Murray said something, and we went to have a drink in the public-house—Richards, who I know only as Dakin, and Lennard were there—they came round to the bar we were at, and Murray said to Richards "Oh, Bill, have you come to fight me?" he said "Yes"—Murray said "Is it to be fair or foul?"—Richards said "Foul"—while talking Lennard struck him across his head with a piece of iron, and Murray then struck Dakin with a glass—that was on the threshold of the door—the men then got out, and Richards and Murray began to fight—Capps came behind to strike Murray, the prisoner saw it and ran after Capps, and when she came back the fight was all over—she screamed out "Oh, Dan!"—I am sure she had no knife and no piece of iron—the prosecutor was injured by the glass.
The Jury here stated that they did not want to hear my more evidence.
NOT GUILTY .
MR. WILKINSON Prosecuted; MR. CLUER appeared for Hume, MR. GEOGHEGAN for Paris, and MR. BLACK for Hearn.
WILLIAM ARTHUR SMALL . I a am tinplate worker, of Casey's Yard, Gray's Inn Road—on 17th January, about 12.30 a.m., I was on my way home through Gray's Inn Road from Holborn, and about 100 yards up the road I met the three prisoners—Paris came on my right side, put her hand on my shoulder, and said something to me; Hearn came on the other side and put her hand in my face, scratching it, and then put her hand in my left trousers pocket, where I had 2s. 9d. in a little tin box—I knew it was there, because it rattled as I came round the corner—while her hand was in my pocket Hume came up and struck me with his fist; the blow stunned me, and I staggered back and fell down—when I came to I found the police there—I put my hand in my pocket, and my box was gone—I had also had a kick on my wrist—I had a good view of the prisoners, as they came towards me on the same side of the way, Hume was in the centre of the two females—they were taken into custody—I went to the police-station, where I saw the inspector on duty and the divisional surgeon—I was sober; I did nothing to either of the prisoners.
Cross-examined by MR. CLUER. I did not see Hume till he struck me—I did not notice if he had a parcel, he had one at the police-station—I did not notice an umbrella—I did not see Roberts there, he followed down on my right side to the station—I had only one glass to drink that night, and that was before I left my friends.
Cross-examined by MR. BLACK. I did not notice any one but the prisoners at the time, there was a great crowd when I was picked up—I do not know what Paris said to me—Hume said "That is him," or "At him," or something like that—I don't know what that was in answer to—I had never seen the prisoners before—it is a wide footpath—none of them complained about my rolling or pushing against them—at Bow Street they made some complaint about that—I did not say a word
to them; I shouted "Police"—I did not push rudely past them—it lasted for about a minute—I struggled to get away, and rushed back towards Holborn to cry for police; I suppose I got back about a dozen yards and I was knocked down again, a crowd was there then—the blow came from behind—the first blow stunned me, but did not knock me down—I said at the police-court "The blow stunned me, and I knew no more," that was true—Hume struck me in the face and knocked me down—I got the blow from behind when I was rushing towards Holborn—I did not offer to resist, I ran towards Holborn—when Hearn had her hand in my pocket she did not ask me to restore her earring—I did not knock the earring out of her ear that I know of, I might have done it in pushing her away—I had no money in other pockets—I know I felt the hand inside, not outside my pocket.
Cross-examined by MR. GEOGHEGAN. I was upset when I got to the station, but beyond that I remembered what had taken place—Hearn had a black eye then, and one of her earrings was gone—Paris said something about my having swung her across the pavement—I am not working at my trade of tinfoil worker now; I am with my uncle, a horse dealer, and am left in charge of the premises at Casey's Yard during his absence—I have been out of employment less than a year—my uncle gives me wages—I had not received them on this night—I had spent no money that evening—I noticed Hume behind the females; I did not think he was in their custody—a friend of mine pointed out Fulwood's Bents to me and said "That is where those people live"—I first saw Paris in custody in Holborn 300 or 400 yards from where I was assaulted—I had not seen her before to my knowledge; she only spoke to me—I did not insult her as she was waiting home—I did not call her a b—wh—, nor try to push her off the pavement—she said I pulled her about—I do not know that she said I called her a wh—; I did not insult the two female prisoners in any way.
Re-examined. Hume was 10 or 15 yards away when Paris spoke to me.
JOHN CARTER (Detective E R 25). About 1.30 a.m. on 17th January I was in Gray's Inn Road, near the Holborn end, and saw Small going towards King's Cross and the three prisoners coming from King's Cross towards Holborn, about 100 yards from the corner of Gray's Inn Road, about opposite Fox Court—Dampier was with me; we were in plain clothes—Paris something to Small, and then Hume struck him a violent blow, and then Hearn put her hand in Small's trousers pocket; he was stunned but did not fall—he went off towards Holborn about 20 yards, but was caught by the two females and knocked to the ground, and they kicked him with their heels—we were kept back by a crowd of roughs who came from Fox Court—with the assistance of a police officer we took the two girls in custody—I did not see Hume again till we got to the station, where the prosecutor and I identified him as the one that struck the blow—he had followed the women to the station with a crowd of roughs, and had Paris's mantle in his hand—the prisoners said nothing in answer to the charge at the station—on the way there they used very obscene language, and were very violent.
Cross-examined by MR. CLUER. I was the width of Gray's Inn Road from them when this took place; the road is 20 yards wide; I was on the opposite side—we rushed across after the blow was struck—at the
police-court I said "The prosecutor was knocked down by Hume's blow; I went across and was surrounded by a lot of roughs; the prosecutor got up and ran about 20 yards"—I corrected that; I did not see him fall—he had a severe blow in the face, and ran about 20 yards up the road—my correction was not taken down—he was knocked down after that; not by Hume, the two girls knocked him down afterwards—I have made inquiries, and find Hume is a respectable young man, and has been an apprentice at Bradley's, Fetter Lane, for three years—he had a parcel and an umbrella and the girl's jacket—he came to the station of his own accord—I did not see him from the time the blow was struck till he came to the station.
NOT GUILTY .
311. JOHN KENDAL (34) and ARTHUR RUSHWORTH SIMS (52) , Unlawfully conspiring to obtain by false pretences from David Paterson and another an order for the payment of 24l. 13s. 9d., 18 barrels of oil, and 41l. 7s., with intent to defraud. Other Counts charging Kendal with obtaining the oil and the money.
MR. STEPHEN LYNCH Prosecuted; MR. ROBSON defended Kendal and
MR. METCALFE defended Sims.
DAVID PATERSON . I am an oil broker in partnership with Mr. Baures, at 38, Bishopsgate Street—last year on the Oil Exchange I made Kendal's acquaintance; he gave me one or two small orders for petroleum—prompt on that market is 14 days—I had 18 barrels of cylinder oil, three tone—Kendal remarked he had a market for that particular oil; that he could not take the parcel at that time, because of the prompt—he could not pay for it at that time—he could in three weeks—believing he had a market for it I agreed to let him have it on the three weeks prompt—I made inquiries, and while they were pending Kendal came to my office and produced a letter from Sims to Kendal, threatening that if not sent at once he would charge him with the difference—I read it, and believing they had a market for the goods and were in a hurry for them I sent the 18 barrels—instructions were given to deliver them to Mr. Smith, a carman in Poplar—they are not there now; they are at Mr. Clark's yard, to the order of Kendal—Kendal then gave me other orders for petroleum—subsequently I asked him if it had been taken away and used up—he said it had—Mr. Middleton was present when the conversation took place—I went to the yard to see whether it had been used up, and saw the 18 barrels there to the order of Kendal—on 12th December the prompt had expired, and Kendal gave me this bill of exchange, drawn on and accepted by Sims, for 67l. 10s. 6d.—the price of the oil was 13l. odd a ton—41l. odd was the invoice price—he said the bill was for Mr. Sims and the difference between it and price of my invoice was for the profit made by Mr. Sims, and he asked me to give him a cheque for the difference—not knowing Sims I asked him if he was a man of substance; he said he had known him some years and had taken hundreds of pounds from him—I found Sims's name in a Directory of some years back as an estate agent—I then gave him this cheque for 24l. 13s. 9d.—I went with Middleton to Sims in the Mile End Road—he was presumably an auctioneer and estate agent—at that date the oil had not been delivered; it had not been touched—I knew where it was—I was introduced to Sims—I said I understood he was the buyer of the oil—he said he was—I asked him if it had been taken away and was satisfactory—he
said "Oh yes"—I said "We knew it was all false, that we had had our suspicions of the transaction, and found the oil was not taken away, but was still lying for delivery—endal replied "Oh, indeed, you can't prove it"—the bill was presented and not paid.
Cross-examined by MR. ROBSON. It was delivered to Smith's yard by Kendal's order—I can't tell you at this moment whether it was sent to deliver to my order or their order, the receiving note would tell you; if I said at the Mansion House that it was sent to my order it is correct—as far as I know I have never yet given an order to deliver it to Kendal, it was in Kendal's order—he told me that the difference between the 41l. and the 67l. bill was profit he had made from Sims—at that time I was asking for payment; he said he could not pay much at a time, and I consented to discount the bill under pressure at 2 1/2 per cent. per month—he offered those terms—I gave him 24l.; he paid me then for previous transactions and Sims's cheque—he carried 24l. away with him, he carried my open cheque—I sold him 24 barrels of oil subsequently, for which he afterwards paid me 12l. odd—after he had given me the bill he paid me again on January 12th—all the oil is in his name, I have not got it, it is not lying to my order—it was carted into Smith's yard to my order, but it never went into Smith's yard; Kendal stopped it and took it away—I can't fix the date when I had the conversation with Kendal, it was somewhere between the 12th and 19th December, I think that week—I made certain inquiries about him after the interview before I made the contract to sell the oil, but did not get answers—he called again before our inquiries were answered; we thought it worth while trusting him with oil, and we thought it was a genuine affair by having had one or two dealings with him before—before I started these proceedings I made a request to Kendal for payment; I asked him to provide for the bill and expenses which we had incurred, cab fares and telegrams and running about, which we had incurred in finding out if the transaction was a bond fide one.
By the COURT. If he had paid that money you would have heard nothing of this prosecution.
Cross-examined by MR. METCALFE. I laid embargo on the oil before the bill became due—I never expected they would pay the bill; I should expect them to pay even if I had laid embargo on the goods—I had had cheques of Sims before; I don't know that Kendal's cheques went through Sims's bank—I don't know that Sims has an account in a bank in which 800l. has passed in the course of last year.
Re-examined. The oil is not in the yard to which I sent it, but in the yard to which it was taken by Kendal himself; I could not stop delivery of it because Smith never had them—I sold him six barrels of petroleum also; I could identify that parcel, they were labelled Southwark, and numbered 121 to 126; the invoice price of them was 6l. 17s. 2d.—after I said it was a long firm swindle he paid me for ten barrels out of an order he had for 24l.—I stopped the other 14 at the wharf, and then he paid for ten after I had called it a long firm swindle.
JAMES ROBINSON . I am a carman—I took 18 barrels of cylinder oil to Clark's yard; I was directed first to Mr. Smith's, and he transferred me to Mr. Kendal, and he transferred me to Mr. Clark—Kendal was not at home when I went to his shop, but he came before I could turn my horse to pull him round—he said he had expected me, and was very glad I had come as he was anxious about it, and he would take
me to Mr. Clark, who would show me where to stow it away—he left me and came back with Clark's son, and showed me where to stow it away.
EDWIN CROFT MIDDLETON . I am an oil merchant at 38, Bishopsgate Street, in the same office as the prosecutors—I was present at an interview at their office when Kendal came—he was asked by Messrs. Patterson and Bates whether the cylinder oil had been taken out and used; he said yes, and partly used by that time, or some such remark as that—I had been with Mr. Paterson to Clark's yard to see if the oil was there, on that same day before the interview—I accompanied Mr. Paterson to Sims's premises in Mile End Road—Kendal was there—Patterson was introduced by him to Sims, and he said, "I understand you were the purchaser of the cylinder oil we sold to Kendal, we know you are because we hold your acceptance for it; how did you like it?"—"Oh, very well"—"Will you be wanting some more shortly?"—"Yes, very likely," and some such conversation as that took place—the conversation was general, we said we had found out it was all false, their statements, and we looked on it as a long firm swindle—they said "You will have to prove it," and afterwards they said they would be up in the morning to see them about it.
Cross-examined by MR. ROBSON. I am quite sure the word "used" was said—the question was asked Kendal alone at Patterson and Bates's office; Clark was not present then—he was afterwards at Sims's office.
Cross-examined by MR. METCALFE. Sims said it had all been taken away and used—there was rather a Ions; conversation—Sims certainly said the oil was nearly all used—Sims did not appear to know where the oil was lying—I do not know that for the last year or year and a half Sims has had a banking account through which 800l. has run—I have known Mr. Patterson for years—I was only interested in their not being swindled.
Re-examined. I am quite sure Sims said the oil had been used, and Kendal said it at the interview.
Witnesses for the Defence.
----BEARDSHAW. I am in the oil trade, and occupy an office on the first floor of Beaufort House—I have a small branch at 337, Rotherhithe, managed by Kendal—I had negotiations through Kendal to sell that business to Sims—I have known Kendal 12 or 14 months—Kendal managed for me as well as being on his own account—I purchased two sample barrels of this oil from Sims at 2s. a gallon, about 24s. a ton—from what I hear to-day that would give a moderate profit on the price he gave for it.
Cross-examined by MR. METCALFE. I have known Sims about three months—I was going to sell him the business—he gave me several references, all of whom Were thoroughly satisfactory—I was going to trust him on bills, 40l. at two months, 40l. at three months, and 10l. cash—I would go no further when I heard of this.
Cross-examined by MR. LYNCH. It did not strike me as strange a house agent wanting an oil business—I put the matter in my agent's hands through Kendal to sell—I was a witness to character for Graham at this Court last Session—I had given a reference for him—he lived in a, house
of mine five years ago for three years at 180l. a year, and had always paid his rent to the day—he was convicted of obtaining goods or something—I am not Kendal's partner—I think I bought the first oil in January—I wrote immediately I saw it in the newspaper—I carry on business at Beaufort House as a general merchant—I have steel works in Sheffield.
EDWARD ELLIOT . I am clerk to Sims—his office is at 40, Mile End Road—I have been with him about 18 months—during that time he had had regular business at his place—I remember having a gallon of oil to sample—I took a sample to Davis, Rope Workers' Walk, near Coburn Road, and some more I took to Baker—Sims gave some to Mr. Lilly-white—Sims offered it at 24l. a ton.
Cross-examined by MR. LYNCH. It was more than a month ago that I took the samples, I should say eight weeks ago.
FRANK CLARK . I live at 337, Rotherhithe Road, and am manager to Mr. Beardshaw—Kendal was employed there for some time as traveller, I think—last November Mr. Sims desired me to sample some cylinder oil, and I took two samples, one of half a gallon out of a cask, and another of a gallon—one of those was for the Rice Mills Company—they were satisfied with it, and said they would have a ton, but in the interim it was stopped, and that broke off the sale.
Cross-examined by MR. LYNCH. I sampled it near the end of November—it was then in Clark's yard, High Street, Poplar.
FRANK PEARCE . I am solicitor to the prisoners—on the day the summons was heard Kendal and Sims came to me, and brought 23l. in gold—I sent for Mr. Wrightson, the prosecutor's solicitor; he came to my office, and I asked him if he would take it and withdraw the prosecution—he said "I cannot do so now, it has got too late"—I had written to the prosecutors before, threatening proceedings for stopping the oil—nothing was then said about 6l. expenses.
Cross-examined by MR. LYNCH. The first letter I wrote was before the summons was taken out, and before I received a letter threatening proceedings.
Cross-examined by MR. ROBSON. I had a message from Patterson and Bates, that I was not to let the oil go.
NOT GUILTY .
MR. WILSON Prosecuted; MR. FRITH defended Kenealey, and MR. WOODGATE Imber.
PETER WEBBER . I live at 8, Rathbone Place—on 22nd January I was in Sharpies Hall Street; I had an umbrella in my hand; I had had too much to drink—some one came up to me, struck me on my chest, put his hand in my pocket, and robbed me of my umbrella—this is it.
WILLIAM RECORD (Police Sergeant D). About 1 o'clock on the morning of the 22nd of January I was in Edgware Road with two other officers; we were dressed as labouring men; we followed the prisoners; as they got to Earl Street they turned sharply on the prosecutor; I followed; we were several yards behind them; when they got to Bell Street they pushed Webber against a grocer's shop; we were standing against the doorway;
Kenealey got hold of his left hand and palled his coat open, and the man not in custody got hold of his right hand and did the same; Imber put his hand in Webber's pocket, and they rolled out into the road, and Imber hit him with his umbrella in the face, and knocked him into the road—I went to his assistance, he was seriously hurt—Imber ran towards Earl Street pursued by the other officers with me—Kenealey ran the other way—Kenealey was taken on the morning of the 28th—we kept observation that night on 33, Orchard Street, and saw men enter it—I went in and saw the prisoner upstairs alone—I said to him "I want you"—he said "For that umbrella in the Edgware Road?"—I said "Yes"—he said "I was at home at the time; Jerry Wise, who was in that highway robbery job in Highbury Crescent, was there, but not me."
Cross-examined by MR. WOODGATE. There it not a cab-stand nearer than half a mile from where this took place—Bell Street and Earl Street run into Edgware Road—this was right opposite the Metropolitan Music Hall; that is past Oxford and Cambridge Terrace in Morley Road, past the Harrow Road—I don't know of a cab-stand where the Harrow Road branches off from the Edgware Road; there is one at Maida Vale, 200 yards from this place—the prosecutor was not on the ground when I came up; he was all right till they interfered with him—he was a little the worse for liquor; we noticed that—he never touched the ground till he was knocked down—the street is, well lighted—it was a very bad night—I heard no one calling out "Fetch the old man a cab"—I saw the other officer arrest Imber—we followed three men who were following the prosecutor—I saw Imber then.
Cross-examined by MR. FRITH. I was called and recalled three times at the police-court—I gave it in my evidence there about Kenealey saying about Jerry Wise—it was raining that night and very dark—Kenealey was arrested four days after the alleged robbery at his own house where he had been living for some time—he has complained of me to the Commissioners.
ALBERT WRIGHT . About 1 a.m. on the 24th January I was in Edgware Road in plain clothes, off duty, with Record—I saw the two prisoners and another man not in custody go up to the prosecutor—Kenealey caught hold of his left arm with his right hand and unbuttoned his coat with the left, and Imber put his hand into his pockets, and then struck him and snatched the umbrella away from him, and ran away—I went after him and brought him back; he had the umbrella in his hand—I asked him what he was doing with it—he said I could have it if I liked.
Cross-examined by MR. WOODGATE. I was about three yards from him when he went up and did it—I had seen his face before.
Cross-examined by MR. FRITH. It was a rather dark night.
CHARLES GROVES (Policeman D 79). I was with Record in Edgware Road in plain clothes on this night—I saw Imber snatch the umbrella from Webber's right hand and run away—Kenealey was there and another man—I pursued Imber; he was arrested by Wright, and I assisted to take him the station—I did not hear either of the prisoners say "Go and fetch the old man a cab"—I should have heard it if it had been said.
a public-house—I saw nothing more of them that night—I went with Record to arrest Kenealey—he said to him "I want you"—Kenealey said "For that umbrella in Edgware Road?"—Record said "Yes"—he said "I was at home at the time; Jerry Wise, who was in that highway robbery job in Highbury Crescent, was there, but not me"—I have not the slightest doubt Kenealey is the man; I have known him for a considerable time.
Witnesses for Kenealey.
MORRIS KENEALEY . I am a coach painter's labourer, and live in Lisson Grove—on 24th January about 8 p.m. a man named Kenealey called on me and my brother to go to a boxing club in the Edgware Road—we stayed there till 11, till it was all over, and then went into the Key public-house in Bell Street opposite and had a drink, and then went straight home, and was indoors by a quarter to 12—we did not go out again; we sleep together.
Cross-examined. I worked for Mr. Walls, but have done no work for three weeks—I was convicted of felony three years ago.
Re-examined. I cleared snow for the Marylebone Vestry—I have not been convicted of felony since three years ago.
JAMES WELDON . I live at 14, North Street, Lisson Grove, and am a labourer—on 14th January, about 8 p.m., I called for Kenealey and his brother, and went to an athletic and boxing club in Bell Street—at 11.15 we went across to the public-house and had a drink—I went home with him, and left him at his door at 11.45—when he was taken in custody I went up to the police-court to give evidence with his brother, and was bound over as a witness.
Cross-examined. I last saw him at a quarter to 12, when I left him at his door—if Nicholas says he saw him at 12.30 he is mistaken—three years ago last October I was convicted of stealing a pair of boots, and got six weeks; it was not on 13th July, 1885.
ELIZABETH KENEALEY . I live at 33, Orchard Street, Marylebone, and am single—Kenealey is my brother—on Saturday night, 23rd January, I was indoors when my two brothers went out—they came home at a quarter to 12, and went to bed at a quarter to 1—my brother did not go out again; they were in bed some time before I went to bed.
Cross-examined. When he came in I looked at the clock in the front room—I noticed it because my mother asked me to go out to get some beer for their supper, and I looked at the clock to see the time, and after he had had his supper he went to bed—where this robbery took place is about five minutes' walk from our house.
Re-examined. They said "Good night," and went into their bedroom, and I went in there to fetch the lamp and found them in bed.
MARY TOOMEY . I live at 32, Orchard Street, Marylebone, and am wife of Thomas Toomey—I have been since 29th December waiting on Mrs. Kenealey, who is very ill—on Saturday, 23rd January, the prisoner was indoors before 12 o'clock; I could not say what time he went to bed; he was undressed before 12; he had his coat off when I came out, and it had not then gone 12.
Cross-examined. After I got home I went and bought a dozen of matches, and they were then putting out the lights in the public-house—I am not a great friend of Mrs. Kenealey; I have only lived there 12 months.
EDWARD KENEALEY . I live at 33, Orchard Street, Marylebone—I returned home on Saturday, 23rd January, about 5 minutes to 12—my two brothers were then sitting in the front room at the fire—they did not go out again that night till 2 o'clock.
Cross-examined. I brought some beer home from the public-house at the corner when I came in—Kenealey is my brother.
KENEALEY then PLEADED GUILTY** to a conviction at Middlesex Sessions on 17th December, 1883.— Twelve Months' Hard Labour.
IMBER.— Six Months' Hard Labour.
NEW COURT.—Saturday, February 13th, 1886.
Before Mr. Common Serjeant.
313. ULRICH ADOLF WEGENER was again indicted (See p. 404) for stealing a cheque for 100l., and within six months a cheque for 400l., and within six months a cheque for 277l., of Arthur Ellis Frankiln, his master.
MR. GRAIN Prosecuted; MR. WILLIS, Q.C., and MR. FULTON Defended.
FRANCIS VOLKMAR . I am one of the firm of Marcus and Volkmar, bankers, of Berlin—we correspond with Messrs. Keyser and Co., and send them remittances for collecting—on or about 30th Jan. I sent these letters and this cheque for 100l. for collecting. (The cheque was crossed Martin and Co.) Rasch and Rudenstein drew the cheque on the London Joint Stock Bank, we being the payees—we got a letter acknowledging the receipt of that and other cheques.
'Cross-examined. We were also credited with the amount in our account with Keyser and Co.—the letter of 2nd February acknowledged the total amount of remittances at 957l. 4s. 3d.—we have had the benefit of that amount in Keyser and Co.'s books, and there is their signature—the 957l. 4s. 3d. included this 100l. cheque.
ALFRED BINDER . I am correspondent in the Disconter Company in Berlin—on or about 12th March I sent this letter to Keyser and Co., enclosing this bill of exchange among others. (This bill, which was in duplicate, was dated 20th December, 1884, at three months, for 400l.) I received this acknowledgment on 14th March. (Stating that the firm of Keyser and Co. had been debited with that amount at Berlin.)
Cross-examined. Foreign bills are drawn in sets of three, and these are two of such a set, but the two are practically one bill for 400l.—Keyser and Co. have been debited with the amount in marks.
By MR. GRAIN. I sent this letter on 28th May with these two remittances amongst others. (One of these was a cheque drawn by Mr. Youngman, dated 21st May, on Barclay, Bevan, and Co., at 14 days for 127l., payable to Mr. Hettenmark, and the other was a bill of exchange for 3,128marks. 153l. 6s. 8d., drawn on 1st March at three months by Mr. Hilst on Messrs.
Holfmark and Co., of London.) Messrs. Keyser and Co. have credited us with those amounts—they have accounted to us for those remittances. (The first of the bills was endorsed Keyser and Co.)
JONATHAN DANIEL ALDRIDGE . I am messenger in the prosecutor's employment—I received this draft on 4th June from the prisoner, who told me to collect it and get cash for it—I did so, and handed 153l. 6s. 8d.
to the prisoner when I came back on 4th June—150l. was in bank notes and 3l. 6s. 8d. in coin.
Cross-examined. I went to the prosecutor's about five years ago, in November, 1880—I have frequently been to collect money, bills, and cheques—two other messengers are employed to get bills and cheques—the firm are constantly sending out bills and cheques to various banks to get the money on them and pay them in to their account—I go out constantly to collect money at the prisoner's request, and there are other persons employed in the same way.
By the COURT. I took my orders exclusively from the prisoner when he was there—I was supposed to do what he told me—the firm do not send out now, they collect through the bankers, which they ought to have done then.
Re-examined. Since the prisoner left they have altered the system, and now bills and cheques are paid in the ordinary way, through Martin and Co.'s, for them to collect—the cashier asked me to receipt it, and I did so.
By MR. WILLIAM. The National Provincial Bank can tell the numbers of the notes I got.
By MR. GRAIN I can recognise the notes, because I put the date on—this "N. P. B." on those notes is my writing—I gave those two notes and the change to the prisoner.
EDWARD CHARLES PERNGINI . I am chief clerk to the prosecutor—it was substantially the duty of the prisoner to conduct the correspondence—on ordinary days of the week the morning correspondence would be opened by the partners—on the Saturday they were away, and then, if I was not there, it was customary for the prisoner to open the letters and take out the different remittances—it was his duty to make an entry of each in No. 8 book—he would put into one column a number to show to whose account it would go, and in another column the amount—then he would make out a yellow credit slip, putting on that the names of all the persons who had made remittances, with the amounts—those slips were handed to an entering clerk, a bookkeeper, who sits alongside of him in the office, or were generally put into a drawer, and as quickly as the entering clerk conveniently can he enters from those slips the accounts to the credit of the different persons who's names appear on the slips—they would be first posted into the journal, and then into the ledger account of the customer, and then it would be the prisoner's duty to take the different remittances and make out a credit slip on Martin's Bank, an ordinary paying-in slip—our firm banks with Martin and Co., but we open accounts with all our correspondents, and in that sense we are bankers as well—the prisoner came into our service about 6th August, 1879—he used to have a salary of 250l. per annum—he opened a ledger account with the firm—on 3rd February I find an entry in the black book of 102l. 10s., with "U. A. W." (The prisoner's initials) against it—the whole of the entry is in his writing—that purports to show that U. A. W. had paid in to his account with the firm 102l. 10s.—this credit slip, "U. A. W., 102l. 10s.," would have the effect of posting 102l. 10s. to the credit of Wegener—the paying-in slip for that day is, "Drafts payable in London, 100l., 1l., 1l., 10s., total 102l. 10s." (This draft for 100l. was that sent by Marcus and Volkmar.) I find no entry on that day of 100l. to the credit of Marcus and Volkmar, and there is no credit on the yellow slip to them—the result of the entry, the yellow slip, and the
payment into Keyser and Co.'s account at Martin's of 100l. is that Wegener's account stood credited with 100l.—on the yellow slip of 23rd March is "U. A. Wegener 212l. 2s. 6d.," and "Ditto 190l. 2s. 6d.," and on Martin's paying-in slip of the same date is "Drafts payable in London 400l." and other small items; making up 406l.—there is no entry on 23rd March on the yellow slip to Marcus and Volkmar of that amount—on 4th June there are five entries' to the credit of the Discount Company of Berlin, but no entry of 127l. nor of 153l. 6s. 8d. as remitted by them—it would be the duty of the prisoner to enter the bill of exchange accepted by Holmark and Co. to the credit of the Discount Company, and pay it into Martin's on that day, 4th June—he had no right to retain such a sum, which he had caused to be collected on behalf of his masters, from 4th June till the 8th—on 8th June I find a credit to U. A. W., "U. A. W., Beckett 2l., ditto notes 280l."—on the paying-in slip of 8th June appears U. A. Wegener paid in 282l., and on the paying-in slip of Martin's on the same day, and in the prisoner's hand-writing, appears "Bank-notes 155l., drafts payable in London 127l."—this letter which I received on or about 27th July is in the prisoner's handwriting; I read it and considered it my duty to hand it at once to my principals.
Cross-examined. I have been nearly six years in Keyser and Co.'s service—I am, on the whole, fairly well acquainted with the business of the house—I am chief clerk—we are bankers, and at the same time have a banking account at Martin's; we have had that as long as I have been there—all money is paid in, except what we want for the working expenses, for cash—Martin and Co. are the people to whom notes and cash would be paid in the ordinary course, and it is therefore quite proper to pay in notes, bills, and cash to them to Keyser and Co.'s credit—Keyser and Co. have control by the cheques they draw; of whatever sums are paid into their credit at Martin and Co.'s, and Keyser only—therefore it would be quite proper to pay the cheque sent by Marcus and Volknar into Keyser's account at Martin's—I see on this cheque for 100l. "Martin and Co." twice—I have no doubt it was paid into Keyser and Co.'s account at Martin's, and that Keyser and Co. have had the benefit of it in their account with Martin—Martin and Co. have credited us with it, and have been debiting us ever since with the cheques we have drawn against that account—so far as that money is concerned it went in the accustomed channel—this bill on the Imperial Ottoman Bank of London would come within the description of drafts payable in London—this cheque is endorsed A. Keyser and Co. by Mr. Franklin, one of the firm, and then it found its way as I have described—I find on one of these two notes of the set of three constituting the bill for 400l.; Mr. Keyser's endorsement, he is another partner; therefore, subsequently to their coming to London he has put his name on them—I see Martin and Co.'s name on the back of that bill, but it is a paying-in stamp not a receipt—the bill is payable on 23rd March—on the paying-in slip for that date is "400l."—I cannot say that that was paid into Martin's, if the bill went to Martin's we should have credit for it in our account with them—I cannot say that slip containing the entry of 400l. refers to that bill—I have no doubt the draft has been paid into Martin's, but I cannot say it applies to that slip—Mr. Youngman's cheque of 21st May, 1885, for 127l. has Keyser and Co.'s endorsement on it, so that it must have arrived and
been put before one of the partners for his endorsement; it is Mr. Slazenger's endorsement—on it is "Received, Martin and Co.," I have no doubt it has gone through their bank, paid into our account—the prisoner had made an entry in the books as if he had paid the money to Keyser and Co., when he had not—he has had an account with the firm in their books almost ever since he has been there, and he has got and paid us moneys—the result of the entries is that he has been credited with the account at Keyser and Co., which he has never paid, and therefore, if he had overdrawn his account, it reduces the claim against him by those credit entries—large amounts have passed through his account, many entries, on one side and on the other, in a month; and apart from these credit entries we complain of, he has paid moneys that have been put to his credit, and he has drawn out different items at different times—the cashier makes payments at Keyser and Co.'s—there is only one recognised cashier, and the money to make the payments is placed in his control during the day, but there are three or four clerks in the establishment who pay money—there are two tills, to which they go as they have to pay money—we use cheques, by which money can be drawn from Keyser and Co.; those cheques are honoured by the clerks when they come in—the prisoner, when he wanted money, drew cheques on Keyser and Co., and those would be honoured by the cashier, and debited to his account in the ordinary way—the prisoner sometimes got money as well from the clerks that paid the cheques, applying to them for it and signing a paper containing the amount given to him, and his account would be debited with the money so received—he would get cash payments generally for small amounts, and draw cheques for larger ones—that would be the course of business—he would sometimes draw a cheque on me, which he would pass away, and then it would be brought in like other cheques—if he wanted large amounts, the firm would sometimes draw on Martin and Co. in his favour—for small amounts paid over the counter there would be an entry in the cash book first of all, and then ultimately they would be posted to his ledger account—his own cheques, if paid over the counter, would also go into the cash book of the day, and ultimately be debited to him—if the payment was a large one, and by cheque circulated before payment, it would be paid for by a cheque drawn on Martin's, and then would be charged in No. 8 book and debited to his account—I have no doubt the books have been properly posted, and that all the items received in this way have been charged to his account, and therefore all the entries to his credit are posted to the account, where all the entries to his debit have been made, in parallel columns—the result of writing his own name as having paid money when he had not is to diminish the account against himself—he sometimes overdrew his account—payments are essentially the work of the one recognised cashier, but it is done by the three or four clerks under him; they assist him when cheques are presented; they make payments—if any question arises as to whether a cheque shall be paid, the cashier consults the principals.
GEORGE ERNEST TIMPSON . I am a clerk at Messrs. Martin's bank—these two notes for 100l. and 50l. were paid in by this paying-in slip as a portion of 155l. on 8th June, and a cheque for 127l. on the same slip—this bill of exchange for 400l. was paid in on March 23rd—a cheque for 100l. was paid in on February 3rd.
Cross-examined. All those sums have been credited to Keyser and Co. in their account with Martin and Co.—on 8th June, besides the 100l. and the 50l. notes, a 5l. Bank of England note was paid in, number 93265, November 28th, 1884.
Cross-examined. It was cashed over the counter.
ARTHUR ELLIS FRANKLIN . This witness repeated his former evidence and added:—On 30th June, 1885, there was nothing to the prisoner's credit; the account was closed, and there was 4,700l. to his debit—we have found false entries to the amount of 4,560l.; he has exhausted that by drawing the money out, and we are the losers—I make the amount more than he mentions in his letter, I make it 4,700l.—we have had to pay the persons whose money has been credited to the prisoner, as he has had the benefit of it; they have been charged to his account on the assumption that the amounts were genuine credits and not false ones.
Cross-examined. He has got money from our firm, as I have signed cheques in his favour on Martin's bank which he has brought to me, and these amounts have been charged and debited to his account—I knowingly signed them and gave them to him—he also had the privilege of drawing cheques on us, "Messrs. Keyser and Co. pay myself so much" or "pay somebody else so much"—those cheques would be paid by our cashiers in the course of business—when the prisoner's cheques came in we honoured them as a matter of course—if any question arose he would he consulted, but I or my partners would be the persons to decide—part of his account was made up of cheques which he had drawn upon us which have been paid in the ordinary way, and the other part of his debit account would be cash which he got—if it was a large amount the prisoner drew a cheque, if small he would apply to the cashier for what money he wanted and sign a paper showing the amount—I have seen him take it himself, that was with my sanction, and he would sign a paper and be charged with the amount—the debits making up that large amount consist of cheques which he has drawn on us and moneys which he has got from the cashier, but there are payments on his behalf which he requested us to make, and which were made—I have one here, "Pay Meesell and Co."—it is by adding up the total amounts of these payments which we have made to or for him and deducting the proper credits that would work out the total indebtedness of 4,700l.—credit has been given to him for sums which he has never paid, and in striking out those sums he is a debtor to the amount of 4,700l.—some other sums which we paid for him have been large, such as 1,000l. and 1,400l. at a time; those were Stock Exchange transactions with Messell and Co. in our name, inasmuch as the contracts were addressed to us—they were sent in in our name, and we debited him with the money; if there was a sum to his credit we credited him with it—I certainly am not aware even after investigation that the transactions carried on by this clerk at 250l. a year in our name amounted in three months to 90,324l.—we found out that he was gambling on the Stock Exchange, and we censured him for it—I have not been able since yesterday to find out when No. 2 account commenced, but I believe it was early in 1884—we asked him to have his transactions on the Stock Exchange with Messell and Co. in our name
—No. 2 account is not between Keyser and Co. and Messell and Co.; it does not read "Keyser and Co. in account with Messell and Co."—that account does not appear in our ledger; we have papers sent, "Keyser and Co. in account with Messell and Co.; "that formed the basis of the account—these were our servant's transactions both as to buying and selling, but they took place in our name—we had transactions with Messell and Co. ourselves, for which we gave instructions; that is not No. 1 account; there is no No. 1 account—the accounts showing moneys to be paid on No. 2 account and paid by Messell and Co., are debited and credited to our servant's account, but not with the knowledge of any members of the firm—after No. 2 account was opened I am sorry to say I never looked to see the nature of the engagements which were being entered into in our name, but my partner did, and when he found anything that he did not like he complained—he is not here, he was here yesterday—in February, 1885, we paid Messell and Co. on the prisoner's account 403l. 5s. 9d., all that was debited to him with Messell and Co. in our name, and our firm actually paid it—nearly all the sums we debited him with in January 1885, are drafts on us, except 72l. and 44l.; 28 of them are marked cash and 17 of them are drafts on us—on February 2nd here is "Cash 5l." that would be got by giving the ticket and getting 5l. from the cashier—the ticket for it would be in the till; whether he put it there and took the money out, or whether the cashier did it for him the ticket would be deposited to debit his account with the money, but generally the cashier would pay him the money—in May, 1885, we received 1,826l. on his account as money due from Messell's on these transactions—his account was not frequently overdrawn to the knowledge of any member of the firm—I have been looking through the books—the April account is balanced; it was overdrawn in April, it may be 600l., and he borrowed 100l.
Re-examined. When we remonstrated with him for speculating on the Stock Exchange he did not wish to be forced to close all his things or undo his things, and he hoped we would not prevent him doing commission—he had friends in Glasgow; he had commission for legitimate transaction—we permitted him to close his outstanding transactions, and arranged with Messell and Co. that they were to put it in our name, because no respectable stockbroker would deal with a clerk direct—we have very large transactions in Stocks on behalf of our customers, buying and selling for investment, and it is a rule of the Stock Exchange that they are not entitled to deal with a clerk without the permission of the firm where he is employed—we asked him to carry on his transactions with our bankers; we have a very large account with Messell and Co.—we asked them to open a new account, No. 2, with the prisoner, exclusively for his own transactions—we never made one penny profit out of the prisoner—we stipulated with him that all transactions were to be done in our name, but he broke his promise, and a lot of these transactions were done without our knowledge or consent—it was partially in consequence of that breach of promise that we dismissed him—it has never been suggested by any one but Mr. Willis that we derived a penny profit from the prisoner—we said the next transaction that came in from Messell and Co. he should go, and a contract came in for San Francisco shares, and we dismissed him—we afterwards received this letter from him, and took extradition proceedings against him. (In this letter the
prisoner admitted defalcation to the amount of 4,560l.) We allowed him interest on any money he might have with us—we do not allow our clerks to overdraw.
MR. WILLIS submitted that there was no case to go to the Jury, repeating his argument of yesterday. The prisoner had properly paid in the amounts to the prosecutors' credit at Martin's, who had credited them to the prosecutors, and the prisoner had not diverted them from their proper course, nor had he drawn out any specific items answering to the sums in the Indictment. What he had done was to draw cheques which might not have been honoured if the prosecutors had known all the facts, but that was not larceny or embezzlement, and he therefore ought to be acquitted, and not put to the expense of having a question argued in the Court of Criminal Appeal which had been already decided there. (See Beg. v. Prince, 1Law Reports, p. 150.) MR. GRAIN contended that there was no analogy between this case and that of Prince; it was not necessary to prove that the prisoner had stolen the whole of the money; a man could be indicted for stealing 150l. and convicted of stealing 1l. The prisoner putting his name on the yellow credit slips was equivalent to putting his hand into the till, and he therefore committed larceny by a trick, and the actual taking was when he made the false entries. MR. WILLIS. having been heard in reply, the COMMON SERJEANT considered that there was no case to go to the Jury.
Another indictment against the prisoner was postponed to next Session.
OLD COURT.—Saturday, February 13th, 1886.
Before Mr. Justice Denman.
MR. DOUGLAS Prosecuted; MR. KEITH FRITH Defended.
GUILTY .**— Twelve Years' Penal Servitude
Before Mr. Justice Denman.
MR. POLAND and MR. MONTAGU WILLLIAMS Prosecuted; MR. HOPKINS
EMILY BELLINGER . I am Mr. Young's stepdaughter and am barmaid at the Lord Napier public-house, Victoria Dock Road—on Sunday night 17th January, about five minutes to 11, I went upstairs to go to bed—the prisoner was barman—he was standing leaning over the banisters of the stairs on the top landing—I said "John, how you frightened me; you might have called out"—he said "Good night, Miss," and went into the lumber room, and I went into my bedroom—the prisoner's bedroom and Mr. and Miss Young's bedrooms and the potman's are all on the same landing—the lumber room leads into the potman Province's bed-room—about three minutes past 11 I heard Miss Young call out "Fire,"
and I ran downstairs—I saw the prisoner against the wall on the top landing, a little way from where he was before—I can't say whether the lumber room door was open or shut—it is always kept open—we shut up at 10 on this night—the prisoner had supper with Miss Young and I—all strangers and customers would have been shut out of the house.
Cross-examined. I have lived at the Lord Napier seven or eight years, I had only come back on the Saturday night; I had been away for a month at the other house, the Shakespeare—that is five or ten minutes' walk from this house—there was no ill feeling between the prisoner and my stepfather that I know of—when I went there on Saturday I noticed nothing of that sort—I called the prisoner John; everybody called him John—I noticed no ill-feeling between the prisoner and Miss Young—I saw the potman at supper on the Saturday night—he didn't seem to have been drinking; he looked all right—I heard no words pass between him and Mr. Young—there is no gas on the top of the landing—it is light there when the gas of the bedrooms are alight—there is no gas either in the lumber room or the potman's room—you cannot get at the potman's bed-room without passing through the lumber room—I think he lighted himself to bed with a candle, I have never seen him do so—I am sure of the time, five minutes to 11, when I went up to bed—I heard Miss Young come up about five minutes after me—I heard no conversation pass between her and the prisoner—the servant's room door was shut—I know it was Miss Young that came up; I know her footsteps—the barmaid, Miss Elson, came up with her—she told me so—about three minutes after that I heard Miss Young cry "Fire"—no one else cried out—I then opened my room door and rushed down stairs—I found the prisoner on top of the stairs, outside his room door, I passed him—I didn't notice him particularly—I saw him in the passage after we were all downstairs—we were in a state of great fright—there was nobody else on the landing besides the prisoner, I am quite positive—I can't say whether Miss Young and Miss Elson ran down before me or afterwards—Miss Elson was in my bedroom when the cry was raised—I can't say whether we both rushed out together—I had begun to undress—we were standing at the dressing table—I can't say who left the bedroom first.
Re-examined. When I first went up I saw no one on that floor but the prisoner—he and Miss Young and I had supper together in the parlour on the first floor, and the bedrooms are on the second floor—the servant Macdonald and the potman have their meals in the kitchen—I saw nothing of them after my supper—Macdonald attended to us about once during supper.
KATE YOUNG . My father keeps the Lord Napier—on Sunday, the 17th of January, the house was closed at 10 o'clock; my father was out then; he went out after 9 o'clock—the barmaid Elson was out as well—myself, the prisoner, the potman, the servant, the last witness, and Mrs. Young were left in the house—after the house closed Miss Bellinger and myself and the prisoner had supper together—the things were left there; the prisoner assisted in washing up the glasses before supper—about five minutes after Miss Bellinger had gone upstairs, I went up, she was at her bedroom door; I spoke to her—Miss Elson came up behind me—Mrs. Young was downstairs in the bar—I saw the prisoner come from the way of the lumber room, and go into his bedroom; I was standing at my bedroom door—he came out and went again towards the lumber room, and
came back from that direction, he was away about two minutes—I could not see the door of the lumber room from where I was standing—he came back from that direction, and went into his bedroom, and I then went into my own room—the gas was full on in the prisoner's room—two or three minutes after that I heard a crackling noise, my door was shut—I went on to the landing, and saw flames coming from the lumber room; I screamed "Fire"—the prisoner's room door was wide open, and I saw him washing his hands at his washing stand—he came on to the landing and said "What are you making a fuss over? what are you screaming for?"—I didn't say anything, but ran downstairs screaming—the prisoner was dressed the same as he was in the bar, with his apron on—he came downstairs behind the barmaid and me into the bar, Mrs. Young was down there—the potman and servant came down last—I didn't see them on the landing when I came down—I knew the potman was upstairs—Mr. Young was still out—there is no gas in the lumber room—about five minutes after 10, after the house was closed, before I went upstairs, I was in the bar, and the prisoner asked me what time father would be home; I said I didn't know—he then asked me why I didn't go to bed; I made him some abrupt answer and walked away—he asked me twice why I didn't go to bed.
Cross-examined. The potman gets to his room through the lumber-room, he cannot get any other way—he uses a candle in a common candlestick; I have not seen him use it, but I know it is used; I cannot say whether he lights it downstairs—I cannot say how long the potman had been there, I had only been there from the Friday, from the Shakespeare, I know he had not been there long—I did not know he was under notice to leave or that he had given notice—I had only seen the prisoner once before—I called him John, and he called me Kate—I was all right with him—he seemed rather in a temper with my father on the Sunday night; I could not say whether my father was in a temper—there had been some words about the potman making signs to the prisoner in the bar while the place was open; before that there was no ill-feeling between the prisoner and my father as far as I know—it was about 11 o'clock when I went up to bed; I did not say before the Magistrate it was between 10 minutes and a quarter past 11; I know it was after 11, but I could not say positively—I went upstairs about five minutes after Miss Bellinger, and I had some conversation with her at her door—Miss Elson came up after me—I spoke to Miss Bellinger at my bedroom door; we were all three standing together at first; Miss Bellinger went to her room, and Miss Elson and I stood talking together—my gas was alight, I think, turned down low—the servants' room door was open; I think their gas was alight—I saw the prisoner come from the way of the lumber-room; if he had been to the potman's room that would be the way he would come—I did not say a word to him—there was no gas on the landing, but the prisoner's gas was full on, and that lit the landing opposite his door; we could see very well—he said nothing to me nor I to him—I shut my door after me when I went into my room, and it might have been two or three minutes after that I heard the crackling noise—I then came out and cried "Fire!"—I cannot say whether the servants' room door was open then—I stood on the landing screaming till I saw the others come out of their rooms—the prisoner was standing against the wall, he could see the flames then—I went downstairs first; I do not know whether the prisoner came next or not
the servant and potman were last—I saw them all downstairs immediately after, there was hardly a second or two between us—I cannot say how long it was before the potman and servant came down, it was not long, I was too excited to notice—I did not say anything to the prisoner after I cried out "Fire!"—I saw him washing his hands—I do not know that he uses glycerine.
JESSIE ELSON . I am barmaid at the Lord Napier—on Sunday night, 17th January, after I had had my supper, I went upstairs to go to bed; I followed Miss Young up—when I was standing by her on the landing I saw the prisoner come out of the lumber-room; I did not see where he went to—his room door was wide open, and the gas inside was full on—he was dressed in the same way as he had been at supper, with a white apron on—I came in after the others that night, and had my supper by myself—Mrs. Young let me in—on the landing I wished Miss Young good-night, went into my bedroom, and shut the door—my room was next to Miss Young's, the same as Miss Bellinger's—after I had been in my room about five minutes I heard the crackling of fire—I came out and saw the lumber-room was in a mass of flames—there was paraffin kept on the premises, on a shelf outside the bar; one lot was kept in a glass pickle bottle; I think there were two or three other bottles—I do not know who closed the house that night, I was out—the barman usually dosed it.
Cross-examined I have been at the Lord Napier three years next June—the prisoner had been there about five weeks—he was barman—I do not know that he was first potman—I did not know him before—Province the potman had been there about a week—he left on the Monday, the day after the fire—I went into my bedroom after I had spoken to Miss Young at her door—the first thing I heard was the crackling of fire—I heard Miss Young cry out "Fire!" first, and then I heard the crackling of fire and smelt it—we all rushed downstairs together; I was so confused I could not say which went first—I did not see the prisoner after hearing the crackling; I did not speak to him or hear Miss Young do so—I believe there were three or four bottles of different oils in the house.
ARTHUR FRANK PROVINCE . On Sunday, 17th January, I was potman at the Lord Napier—I had been there five days: I closed the house—I had supper in the kitchen by myself—I had just finished when the servant, Macdonald, came in; that was about half-past 10 or a quarter to 11—I left then to go to bed, leaving her in the kitchen clearing away the supper things—I took up a candle and candlestick with me—I passed through the lumber-room and went to my own room—I saw no one on the second floor when I went up; everything in the lumber-room seemed all right—I undressed, put out the light, and went to bed, and went to sleep—about a quarter-past 11 I was aroused by Mary Macdonald—when I awoke I saw the lumber-room in flames; my room was all right—the flames were just coming through the walls over the bed—when I went to bed I left my door about half open—I got out of bed in my shirt and followed Macdonald through the lumber-room; she was fully dressed—the lumber-room was in a full blaze, and the flames were going out of the window—I did not notice the flooring as I passed out—I had to jump through the flames to get through—I then went down to the bar-room, and got a pair of trousers and put on—I saw the prisoner and all
of them downstairs—I was quite sober when I went to bed—I had been on duty attending to my work that night—I was sent round to the Shakespeare—Mr. Young had returned when I got downstairs; he was at the gate—there was some paraffin in a brandy bottle on the shelf in the passage, and about half a pint of colza oil in a pint champagne bottle—I had seen those bottles on the Saturday night, the night before—the day after the fire I left the house—I could not say whether the bottles had been interfered with at all—on the Saturday night before Mr. Young went out there had been a few words; I was making a motion to the prisoner across the bar—Mr. Young asked me what it was—I said it was respecting a fire in a private box at the other side of the bar—he thought it was to obtain drink, and he went and spoke to the prisoner—I did not hear what he said.
Cross-examined. He asked me what I was signalling about; the prisoner being rather deaf I motioned to him whether I should make up the fire, that was all—there were no words between me and Mr. Young, on the Saturday; nothing was said about my leaving—I never went back after the fire; I had been up all night and was excited, and next day I had a glass too much, and Mr. Young sent me home—the prisoner seemed perfectly sober that night—he generally helped me close the house; I believe he did so that night—when I went upstairs I took a light from the kitchen, which I put on a chest of drawers—everything was all right then.
MARY MACDONALD . I am servant at the Lord Napier—on this Sunday night I was the last to go upstairs to bed—Mrs. Young was down in the bar; she was always down late-at night—all the rest had gone up—when I got up I saw the prisoner standing at the back of Miss Young—I did not hear anything said—I went into the lumber-room and saw flames rushing out of the door as I entered—Miss Young was screaming out "Fire," and the prisoner was standing at the back of her on the landing, and Miss Elson said to him" Oh, you wretch, what have you done?"—knowing that the potman had gone up to bed, I called out "Oh, Frank, wake up, you will be burnt to death directly"—hearing no reply, I put my hat before my eyes and rushed into the potman's room, and pulled him by the shoulder, and said "You will be burnt if you don't get up"—he was asleep—I then came running back to his door to get out; by this time the flames came into the room, and seeing, he was not out of bed I went and pulled him out of bed and rushed out again—he had nothing on but his shirt, just as he had got into bed—I came out through the lumber-room as quick as I could, and he followed, and I ran downstairs into the bar—I saw the prisoner in the bar, and Mr. Young said to him "Open the door and let the women out"—the prisoner said "That is the potman's place, not mine"—Mr. Young shoved him back, and called him a cowardly wretch, or some such words, and he opened the door himself, and we all got out and went round to the Shakespeare.
Cross-examined. When I got up to the top I first saw Miss Young on the landing screaming "Fire," and the prisoner stood at her back and Miss Elson—I did not see Miss Bellinger to my knowledge—I think they were all downstairs by the time I got down, but I could not tell; I was excited—there was a good deal of flame when I got up to the top—it was a bluish flame coming out of the door, and a good deal of
crackling and a good deal of noise—I went into the potman's room, because I knew he was only fresh in bed—I thought at first that perhaps the fire might be extinguished, but when I got no reply I rushed in, thinking he must be asleep—I had gone out that evening at a little after seven, and came in at half-past 10—I saw the potman at that time—he had just done his supper, and was going up to bed as I came in—he was quite sober, I could not see anything wrong—I had been to my mother's—I had not had anything to drink—the potman was asleep when I went into his room—I shook him and screamed—it took a good deal of shaking to wake him—there was no light in his room.
SARAH YOUNG . I am the wife of James Young, the landlord of this house—after the house was closed, about half-past 10, the prisoner went up to supper with the rest of them—I remained down in the bar by myself—about a quarter or 20 minutes to 11, while I was in the bar, the prisoner came down—he did not see me, because a cask was there, until he came into the bar—he had finished his work and had no occasion to come down again—he said nothing when he saw me—he walked round the other side of the bar and took up a small lemon and stood there—I said "John, why don't you go up to bed, I expect the master home every minute, he will wonder what you are doing here?"—he then bid me good-night and walked upstairs—about a quarter of an hour afterwards I heard screams at the top of the house, "Come up, the house is on fire, they have set the bedroom on fire"—I was running upstairs when my husband rang the bell, and I went and opened the door, and they all came downstairs.
JAMES YOUNG . I am landlord of the Lord Napier—on this Sunday night I went out about 7.30—I returned about 8.30, and as I came in I saw some semaphoric signs pass between the prisoner and the potman—I thought it was the potman asking for drink—the prisoner is not very deaf, it is a little put on—I asked him what was the meaning of these signs—he said the potman was asking him about the fire—I went round the bar and looked at the fire, and found it had been recently made up, and consequently did not require any attention—I then went to the potman—the prisoner followed me—I asked the potman what he meant by passing signs to the barman—he said he was only asking for half an ounce of tobacco which he saw my daughter take the money for—the prisoner followed me round—I asked him why he was following to listen to what I was asking the potman—he said he had a right to hear what I was asking him—I ordered him to go to his duties at the bar—he would not go till I ordered him a second time; then he went behind the bar—I remained in the bar till 20 minutes to 10, when I went out, and did not return till a quarter past 11—a police sergeant came with me—the people were all downstairs then—the fireman came, and the fire was put out—the lumber room was a storeroom, properly speaking, for furniture, dirty linen, chairs, tables, Venetian blinds, and things out of use—it had been used in that way for the last nine years—I did not go into the prisoner's room that night—the following morning I did—I saw there a washing bowl with black water in it—I saw the prisoner on the Sunday night after I returned, after the fire—I said to him "What is the meaning of all this?"—he said "I don't know"—I said "Open the door and take the women and children with you, and go to the Shakespeare"—he said "It is not my place to open the door, it is the
potman's place"—I pushed him up against the counter—he said "Don't push me '—I said "I will jump through you, you cowardly our," and I jumped over the counter and opened the door myself, and they all went away—after the fire had been subdued one of the barmaids made a communication to me, and the prisoner was taken into custody that night—I had in the house half a pint of colza oil mixed with a little paraffin, for the purpose of lighting a private lantern to go round the house with—it was kept in a bottle of Perrier Jouet's on a shelf at the back of the bar—I saw it there on the Friday evening previous—I searched for it on the Monday after the fire and could not find it—this (produced) is the bottle—I saw it last Saturday afternoon—the fireman Chinery discovered it and showed it to me—half a pint of colza oil had been bought on the Friday night—some was taken out, and a little over a quartern and a-half remained in it.
Cross-examined. The label was on it when the fireman picked it up and showed it to me—it was among the rubbish in the lumber room, just behind the door—the fireman pointed out to me where he picked it up, there was no cork in it—there had been a cork in it when I used it—the label was on it, when it got dry it fell off—this cork has been put in it since—I had a character with the prisoner; his conduct had been fairly satisfactory up to the Sunday evening—at first he was potman and barman both, then I brought another potman and put him as barman only, and raised his wages from 12s. to 14s. a week, besides everything found—he was with a Mr. Brown before for a short time, that was where I received his character from—it was the prisoner's place to see that the potman closed the house securely—I did not give the potman any instructions after seeing the signals—he said, "You and I don't seem to hit it, I will, leave this day week"—I said, "Possibly you will leave before;" as a matter of fact I discharged him next day for being drunk—he was not drunk that night, but he had been drinking, both of them had—I saw signs of drink in the potman by his conduct, I have great experience of drunken people—I don't recollect that I had any reason to complain of the potman as to his insobriety, if I did it must have been something trifling—I returned with the sergeant at a quarter past 11; I had not then been told there was a fire, I was merely walking with the sergeant in ordinary conversation till we came to the corner—it was after the prisoner had been given into custody that I went into his room; I did not charge him, the police took him on the evidence of the barmaids—I did not send the prisoner to the Shakespeare, but I found him there—I refused to allow him to remain there; that was before I had any intention of charging him—I told the policeman to put him out—he returned to the Lord Napier later on in the morning, and I heard the inspector tell the constable to detain him till he examined the statements of the barmaids—that led to his arrest—it was the next morning that I saw the dirty water in his basin—I had not heard that he was seen washing his hands, the first time I heard it was at the police-court—I did not keep any of the water, I thought as the roof was off the blackness might be accounted for by the black from the timbers falling in, but I put my hands in and found it was soapy water—I don't know how it was that I did not mention it at the police-court, possibly I might have forgotten it.
Re-examined. It was on the Sunday night that I could see the prisoner
had been drinking, and the potman equally so, that was why I was annoyed, I thought the signs were for more drink; they were not drunk, they were both able to do their work, and they did it.
By the COURT. There had been a little dishonesty among the establishment while the prisoner was with me—I had not complained to him seriously; I might have complained, I can't recollect—his character was not extraordinarily good—I had no dispute of anything serious; I might perhaps have found occasion as to his work, but I can't recollect.
WILIAM CHINERY . I was formerly a fireman under Mr. Braidwood—I was afterwards employed in the Salvage Corps—I went to the Lord Napier last Saturday to assist in going over the ruins—I went into the lumber room, where the principal fire was—in one corner I saw a board standing up in a nook, and on removing that I found this bottle; it had this label on it—I did not read it at the time, I showed it to my fellow-servant, Howell, who had charge of the fire—there was a cork in the bottle when I found it, just stuck in; there was nothing in the bottle—I afterwards showed it to Mr. Young; I did not smell it, I have not smelt it since.
Cross-examined. I can't say that the cork now in it is the same—the bottle was shown to Mr. Young last Monday in my presence.
EDWARD SMITH . I am chief superintendent of the West Ham Fire Brigade—on Sunday night, 17th January, about 11.30, I was called to the Lord Napier—I went up to the second floor—I found some rooms there on fire, the lumber room and the inner room, the potman's—both rooms were completely burnt out and the roof off—I noticed that the flooring on the landing had been burnt, and had the appearance as if some liquid had been used there—the fire was put out—I did not smell anything.
Cross-examined. When oil is set on fire it smells very strongly—I searched the room after the fire; I did not see any bottle there—I was not made aware till next morning that the prisoner had been charged with setting the place on fire—I made the search as soon as the fire was over—I searched the potman's room—the whole of the furniture and the candlestick was burnt; I saw no trace of a candlestick.
Re-examined. I should not expect to find a smell of oil after a good fire, the water would wash away the oil and anything—we had to use a steamer and stand pipe—it took about an hour to subdue the fire; we were there about two hours altogether; after that the Salvage men were left in charge—I don't say that I made such an exhaustive search as that there could have been no bottle there, I only went to see the damage that was done.
By MR. HOPKINS. Both rooms were gutted, the heat must have been intense—it is quite possible that a bottle like this might survive the heat if it was in a corner—I think the label would show something, and the cork would show the heat—I should not be surprised if such a bottle was completely melted, and I should not be surprised the other way.
By the COURT. There was debris left in the room—the whole of the flooring was gone, the rafters across were partially burnt, the iron bedstead had fallen through the floor, and on each side close to the wall there were pieces of flooring left—some debris might fall down and protect the corners from the heat.
11.30, I saw the prisoner in the Lord Napier—from instructions I received I told him I should detain him on suspicion of setting fire to the house—he said, "I know nothing whatever about it, we were all sitting at supper when the alarm of fire was raised"—I asked him who he meant by all—he said, "Kate, myself, and the rest of the barmaids"—I handed him him over to Sergeant Leeman, who took him into custody.
Cross-examined. I recollect exactly what passed, I made a note of it at the time, which I have here—I made it about half-past 3, having detained him there till the fire was over—I had nothing to drink, three-pennyworth was allowed after the fire was over at half-past 2 to the firemen and police engaged—I should say the prisoner had been drinking, but he was not drunk.
SERJEANT LEEMAN (Police Sergeant K R 2). On the night of the fire I was on duty near the Lord Napier—about a quarter past 11 I heard screams and rang the bell—Mr. Young was with me, he had walked about 100 yards with me—I went for the fire engine as quickly as I could—after the fire was extinguished I took the prisoner into custody; that was about half-past 3—I told him I should take him into custody for setting fire to the house; he made no answer at the time—at the station, when the charge was read over to him, he said, "I did not do it, neither do I know how it got on fire."
THOMAS MORGAN . I was potman at the Rose of Denmark; I am now potman at the Lord Napier—on this Sunday I went to the Lord Napier at 10 minutes past 9 and saw the prisoner there; I knew him by going in there as a customer—I asked him how he was getting on—he said, "I am all right up till now, how are you getting on?"—I said, "I am all right up till now"—he said; "It will soon be all over by-and-by"—that was all that passed—I did not ask him what he meant.
Cross-examined. I did not say "Has there been a bit of affair between you and the master?"—I do not know Province.
Cross-examined. I went over the two rooms; they were burnt out, the roof was off—I stepped on the rafters, portions of the boards were left, no shelves—there were portions of a bed left and other things that had been burnt, it was almost difficult to know what they were—I should judge there had been intense heat—about a foot in width of the floor remained, not enough to walk round the sides of the room—in some places there might have been a little patch unburnt at the side, not more than a foot or so—I am speaking of the lumber room—the rafters were about 15 inches apart, they were only partially burnt—the things lay crossways on them—there was rubbish remaining piled up in different parts of the room, if it had all been scraped up there might have been a cubic yard, what I should call a cartload—I did not notice enough to see whether there was any place where a bottle might have lain hid; it is possible it might be behind some rubbish without me seeing it—if the label had been on the bottle at the time of the fire I should hardly have expected it to have survived—I went there for the purpose of taking the dimensions of the room and making this plan, not for any other purpose.
GUILTY .— Twelve Years' Penal Servitude.
The Jury expressed great praise of the conduct of the witness Mary Macdonald, in which the Court entirely concurred, and regretted that it had no power to
order her a reward. The Sheriffs, however, presented her with 5l., and subsequently, Mr. Justice Denman having called the attention of the Society for the Protection of Life from Fire, to the case, they presented her with a silver medal and a donation of 5l.
Before Robert Malcolm Kerr, Esq.
BREWER PLEADED GUILTY to a conviction of felony at Chelmsford in January, 1884, and HARDY to one at Chelmsford in November, 1882.— Eighteen Months' Hard Labour each.
Before Robert Malcolm Kerr, Esq.
YOUNG PLEADED GUILTY .
MESSERS. FULTON and GOODRICH Prosecuted; MR. FORMAN defended Cook.
ROBERT GOSLING WEBSTER . I live at 7, Thames Street, Plumstead, and am a labourer, and 17 years old—on Wednesday, 29th December, I was in the Rose and Crown, Plumstead, with the three prisoners—Cook said he would send a borrow in the morning to Griffin Row, Plumstead; I heard nothing more said; I had some drink, which Cook paid for, and went away.
Cross-examined by MR. FORMAN. COOK said it to the two prisoners and me—I know I told a different story at the police-court, but what I have said is true—I said at the police-court that he said he was going to put it there in the morning—I have known Young and Webb about 18 months, and Cook about six—I said at the police-court "I have known them all about six months"—that was not true—I carried a box to the Red Lion; Cook was with me, and he called me into the Rope and Crown—I had been walking past his shop, and he asked me to carry the box for him—I had only spoken to Cook once before, when I said "Good morning"—I said at Woolwich that was the first time I had spoken to him that day—we all four went into the public-house together; I went out by myself—I do not know that Ada Smith said at the police-court that I went out with Webb, and Young and Cook remained behind.
JAMES HALE . I am a blacksmith, and live at 17, Cage Lane, Plumstead—I am Cook's brother-in-law—on 31st December, about half-past 5, I left my barrow in Cage Lane for a considerable time; I was waiting for a van with potatoes to come; it did not come—I went home and had a cup of tea, and when I came back the barrow was gone—I made inquiries, and the next thing I saw of it was at the police-station.
Cross-examined by MR. FRMAN. COOK did not ask me to take it there; I took it for my own business—Cook has always borne a very good character so far as I know—he has been a marine-store dealer for three or four years, and before that was a market gardener for 30 years; I should say ever since I knew him.
the Arsenal—on 31st December, at a quarter to 7 a.m., I was in my garden—I saw Young and Webb in the Griffin Road, Manor Way—Webb came down the Manor Way first; then he ran back, and in a minute or two returned with Young, and they entered the ditch, which was then dry, outside the Arsenal boundary wall—Webb mounted on Young's back and climbed over the Arsenal wall—copper hoops were then thrown over to Young, who remained outside; that lasted about a quarter of an hour—Young started away with a load of copper hoops in a sack, and Webb followed with another sack full of copper hoops—after that I went to Griffin Road—I saw a coster's barrow, and the two prisoners with the two bags which I had seen them carrying off—I took them into custody with assistance, and took them to the station—when at the barrow I said "What do you say to this?"—they answered "I know nothing about it."
Cross-examined by MR. FOREMAN. Cook was not there—the stolen property was taken to the police-station, and did not go into Cook's possession.
WILLIAM LOCOCK (Policeman RR 202). I assisted the last witness on 31st December to take the prisoners into custody—I searched the ditch under the Arsenal wall, and found about 20 hoops there—the barrow was taken to the station.
Cross-examined by MR. FORMAN. I assisted in taking Webb and Young into custody—Cook was not there.
WILLIAM PAGE . I am foreman at the Arsenal—I have seen a quantity of old copper hoops similar to the one produced by the constable, which I have identified as the property, of the Government by the broad arrow marked on them—their value is two guineas per hundredweight—there are 6 1/2 cwt. of the value of about 4l. 15s.—they were stored inside the Arsenal—some had been there only since last month—they were lying on the ground covered by a tarpaulin, and were about 8 yards from the Arsenal wall—I examined the heap the day after, 1st January, and found some hoops had been taken away from the outer side of the stack; the tarpaulin had been disturbed—I have never sold any copper hoops to Cook.
Cross-examined by MR. FOREMAN. The hoops were put there at different times—we took stock after the prisoners were found there, and we missed 9 cwt.; we took stock after the hearing before the Magistrate—they were used before May last—hoops like these are used only at Woolwich Arsenal; they were on obsolete powder barrels—we missed 9 cwt., and the police account for 4 1/2 cwt.—we found 19 tons on the spot when we took stock.
CHARLES GALLON (Policeman R 31). I am a gaoler at Woolwich Police-court—I took the prisoners Webb and Young to Clerkenwell—on the way Young commenced a conversation; I told him I did not wish to hear anything about it, but Young said the constable made a mistake in saying he pushed Webb over the wall, it was some one else pushed him over—a great deal more was said, it mostly referred to Cook. (MR. FORMAN objected to the conversation as to Cook being given.)
Cross-examined by MR. FORMAN. I have lived in the same neighbourhood as Cook for some years; I have known him 13 years, and know nothing against his character—I have done duty at Woolwich Police-court,
and should know if he had been there for felony—there is nothing against his honesty, only something for assault.
MR. FULTON stating that he considered there was no evidence against Cook on this indictment,
COOK— NOT GUILTY .
YOUNG**†— Twelve Months' Hard Labour. WEBB**— Eight Months' Hard Labour.
MESSERS. FULTON and GOODRICH Prosecuted; MR. FORMAN Defended.
WILLIAM PAGE . I am foreman at Woolwich Arsenal—on 4th January I went to Jacobs and Co., Newington Causeway, where I was shown 4 cwt. of copper hoops, which I identified as the property of the Government by the broad arrow—there are similar hoops in the Arsenal close to the wall—none of them have been sold by public auction.
Cross-examined. Some were sold by private tender about last September.
WILLIAM YOUNG (In custody). I have pleaded guilty to being concerned with Webb in stealing these hoops and other property from the Arsenal on 31st December—I have known Cook four or five years—on 30th December I had a conversation with him in the Rose and Crown; I had no conversation with him before that date—I know neither Brendshall nor Robinson—I see Cook every day, I live close to him—I had no conversation with him about hoops before 30th December.
CHARLES EDWARD JAMES ROBINSON I live at 32, Creek Place, East Greenwich, and work for my father, who is a dealer in old metal and has a warehouse in Old Woolwich Road—we have had dealings with Cook in the ordinary way of business—on 28th December he came to our warehouse and said he had some old copper hoops to sell—we bought them, and entered the purchase in our books in the prisoner's presence—we afterwards disposed of it to Jacobs and Co., Newington Causeway—Levy is in their employment—Cook came to us the following day, and we bought more copper—he came to us again on the 30th—we bought the copper at the rate of 35s. per hundredweight, and sold it at 37s. 4d.—I noticed nothing about it beyond that it was old copper.
Cross-examined. I did not notice the broad arrow, there was nothing to show it was stolen property, without making a close examination—I did not know it was stolen—the broad arrow was on it—old Government stores are often sold privately or by contract, and we sometimes buy it—on the 28th December I bought 1 cwt. 2 qrs.; on the 29th 2 cwt. 1 qr. 41b., and on the 30th December 1 qr. 41b.—the same price was paid for all of it—I bought nothing after 30th December.
EDWARD LEVY . I am in the employment of Jacobs and Co., 68, Newington Causeway, metal merchants—on 31st December I received four bags of copper hoops from Robinson of East Greenwich—my governor afterwards showed them to Page—these (produced) are similar hoops—I know nothing about the price we gave—I did not see the broad arrow when I took them in.
Cross-examined. When the detective came round I opened the bag, and then I saw the broad arrow.
apprehend you for stealing and receiving copper hooping and other metals, the property of Her Majesty's Government; we have found a quantity was sold by you, and you made consignments to Robinson of East Greenwich on 28th, 29th, and 30th December"—he said "I will go quietly, I shall not give you any trouble; I admit it all; this is what drink has brought me to"—I conveyed him to the station, and after the charge was read to him he said "That was a mistake, I did not steal it, I admit receiving it; I did not look in the bags very much to see what they contained"—he is a marine store dealer—I searched his premises in company with Lovejoy—I found no books such as a marine store dealer should keep.
Cross-examined. I did not say "I charge you with receiving copper hoops, well knowing them to have been stolen;" he did not say at the police-station "I admit receiving it with guilty knowledge that it was stolen," nor any words to that effect.
320. CHARLES ATKINS (18) PLEADED GUILTY to feloniously breaking and entering the shop of George Bushell, and stealing one set of stock and dies, and two pairs of pincers, after a previous conviction of felony.— Eighteen Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. WARBURTON. Prosecuted; MR. PURCELL Defended.
MARY WILLIAMS . I am a widow, and keep a baker's shop and dairy at 48, Cornwall Road, Lambeth—on 17th June the prisoner came in for a two penny loaf and two ounces of butter, which came to 7d., and tendered a shilling—I put it in a copper bowl, as he had been there once before and tendered money which I did not like the look of, and then paid me with good money—after he left Thomas came across from the baker's shop and spoke to me, and I examined the money and gave it to a detective.
Cross-examined. The former occasion was four months ago, but he was a regular customer after that.
WILLIAMS SMITH THOMAS . I am manager to Mr. Smith, a butcher, of 71, Cornwall Road, opposite Miss Williams's—on 14th January, between 7.30 and 8, I served the prisoner with half a pound of steak, price 7d.; he gave me a shilling—a communication had been made to me, and I knew by the sight of it that it was bad, and put it on one side, and after he left I broke it, sent some one after him, and communicated with the police—he was brought to the shop on January 23rd, and I gave him in charge, with the shilling.
Cross-examined. The prisoner had been to the shop a great many times, but he did not come for three weeks afterwards—it was not given to me, but to my man, who is here.
FREDERICH GRAY (Detective L) I took the prisoner on 23rd January at 52, Commercial Road, and told him the charge—he said, "I have never been to Mr. Smith's, my wife went in"—I said "You will have to come to the station"—he said, "No, I will go round and see Mr. Smith"—we went there and saw the manager who said, "That is
the man who tendered the shilling to me"—I took him to the station and told him he would be charged with uttering a shilling to Mrs. Williams on the 17th—he said, "I have never been to Mrs. Williams's, let me go and see her"—I said, "She will come and see you," which she did, and identified him.
Cross-examined. I told him the date, the 14th, and he said, "I have never been to the butcher's, my wife has been there"—he used the word never," but at the butcher's shop he said, "I did go in there the other day and got half a pound of steak."
MR. WARBURTON Prosecuted.
FREDERICK GRAY (Detective L). On 19th January, about 6 p.m., I saw the prisoner in Kennington Road—he stooped down at some railings in a front garden, and we rushed across and caught hold of him, as he answered a description which we had—I said "What is your name?"—he said "Smith"—I said "You answer the description of a man I want for passing counterfeit coin in Kennington Road a few weeks back "—he said "Not me"—we took him to the station, and found 10 counterfeit shillings wrapped up singly, and in his breast pocket two packets, one containing three and the other two counterfeit florins, separately wrapped, and a bad shilling—Sergeant Boswell handed me two packets, each containing two shillings, separately wrapped—I said to the prisoner "Where did you get these from?"—he said "I got them from a mate of mine three days ago"—afterwards he said "I got them from a coster selling oranges; he gave them me to mind."
Prisoner's Defence. I am a costermonger—I did not find out what they were, till a week after they were given me.
GUILTY .— Four Months' Imprisonment
ADJOURNED TO MONDAY, MARCH 8TH, 1886.