CENTRAL CRIMINAL COURT.
SEVENTH SESSION, HELD MAY 3RD, 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.
SESSIONS VII. TO XII.
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,
Including cases committed to this Court under Order in Council pursuant to the Winter Assize Act of 1879,
Held on Monday, May 3rd, 1886, and following days.
BEFORE the RIGHT HON. JOHN STAPLES, LORD MAYOR of the City of London; the Right Hon. LORD COLERIDGE Lord Chief Justice of England; WILLIAM LAWRENCE , Esq., and Sir THOMAS SOAMBLER OWDEN, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the said City; JAMES WHITEHEAD , Esq., and PHINEAS COWAN , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
WYNNE EDWIN BAXTER, Esq.,
CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. SEVENTH SESSION.
A star (*) denotes that prisoner's 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, May 3rd, 1886.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. GEOGHEGAN Defended.
MARIA MILLER . I am the wife of Harry Miller, a bricklayer, and live at the Nile beerhouse, 30, Church Street, Greenwich—I learnt through Messrs. Passingham and Hall that the Nile was to be disposed of—on 2nd December I saw the prisoner on the subject; my husband saw him first—the prisoner said that he was doing 27 barrels of beer in a month, and that it was a lease for 11 1/2 years—on 3rd December I went and saw the place—I was told that the fixtures belonged to him—he asked 200l. at first, but came down 165l.—65l. for the fixtures, for which I was to pay money down.—I paid 15l. when these statements were made; the prisoner was there on 3rd December when I looked at the place, and my husband also—there were fixtures there; it was then he said he was doing 27 barrels a month, that it was a good living trade, and the fixtures were his—I was to go into possession before or after the 11th December—I took possession on the 11th, I then paid 50l. 3s. 9d.—at that time the assignment of the lease was made to me by Messrs. Passingham and Hall—the prisoner was present when the 50l. was paid, this is the receipt—Mr. Fowler was my solicitor—this is the agreement. (This agreement stated that 65l. was for the lease and goodwill, fixtures and effects, 15l. deposit.) This is the prisoner's signature—the money was mine, not my husband's—the prisoner executed this assignment on the payment of the 50l. 3s. 9d.—this is the lease—Passingham and Hall acted for Clark—I believed the prisoner's statement that the fixtures and things were his property—if I had known that the fixtures were not his I would not have parted with my money—he did not tell me that the house had been closed for nearly 12 months, or
that the lease was made on 28th September, 1885; I never found that out till afterwards, I think a week after I had taken possession, after I had parted with my 50l.—before I took the Nile I had managed the Star in Regency Street; I made that answer—at the Nile we did not sell a barrel of beer a week; I tried to make that answer but could not, I don't think anyone could, it had got a very bad name—we had some beer from Chandler's, and some from Pontifex and Moore, of Beckenham—I am still carrying on the business—lately the average sale has been about a barrel a week, but before that I don't suppose I had sold three barrels a month—I don't think it possible that 26 barrels a month could ever have been done there—I should not have taken the assignment and lease if I had known all the circumstances.
Cross-examined. I was at the Star three months, that was my first house, that licence was in my husband's name—Mr. Fowler was acting for me all through this matter—I paid the 15l. on account of the fixtures on 2nd December; I had not then seen the house, my husband had seen it the day before; it was on his report that I paid the 15l., and on what the prisoner said, that he was doing 27 barrels a month—I know that a public-house trade fluctuates—I knew that the prisoner had met with an accident, he told me so—he said the trade could be worked up; I believe he said something to the effect that he was not selling the trade, but the licence was worth more money—I don't think I said before the Magistrate that nothing was said about the lease at the first interview—20. deposit was first asked, Mr. Lewis, clerk to Passingham and Hall, suggested that I paid him the 15l. by cheque; the business improved at Easter—I did not try to recover any money by civil proceedings; I said I should be content if he would pay me back half the money—I sent him an apology for the charge I had made against him—he said the 100l. mortgage would be cancelled if the trade did not come up.
Re-examined. It was after I had been there a few weeks that I said I was willing to take half, because I was losing money every day—I told him he had committed a forgery, I meant a fraud, in selling me the fixtures, and he had taken me in in every way and I told him he had swindled me—he said if I apologised to him by letter he would cancel the 100l. mortgage, that was the reason I apologised, but he did not do it, he used very bad language towards my husband; I never got a shilling from him—this (produced) is the inventory of the fixtures, I believed I was getting them as my property.
RICHARD KNOWLDEN . I am a clerk in a public institution, and live at Greenwich—I am one of the owners of the Nile, one of the trustees; I had the letting of it—I think it had been closed from May, 1885, to September—a person named Miles was the previous tenant, when he left three quarters' rent were due—the rent was 40l. a year—I have never seen the prisoner till this trial; this is the lease he had, I was a party to it; it is for 11 1/2 years, from 29th September, 1885—I did not execute any assignment of the fixtures, or sell them, they are the property of the trustees—Mr. Humphreys was my agent in the matter.
Cross-examined. I have been in the house, and I know there were fixtures in it, I could not give a detailed account of them.
five or six months but am not sure—he agreed to take it, he was to have the use of the fixtures—at Christmas I found Mrs. Miller in possession, she claimed the fixtures, I told her they were the property of the landlord—I went through the list of fixtures, and marked those that were there previous to the prisoner entering into possession.
Cross-examined. I think I saw the prisoner on one occasion; Mr. Skeet, my partner, may have seen him on other occasions—I cannot tell to whom absolutely the fixtures belong; I cannot tell the value of them.
Re-examined. I let the house to the prisoner with the fixtures, as the property of the landlord.
JOHN WILLIAM GREENWOOD . I am collector for Chandler and Co., brewers, of Hackney Road—the account with the Nile was opened by the prisoner on 1st October, 1885—I produce the book which was made up between us and the prisoner; it was made up by me from a copy of the brewery ledger—I have got delivery tickets showing the number of barrels sent—on 1st Oct. he had four barrels and five kilderkins, and up to 4th Dec. one barrel and two kilderkins—I think Mrs. Miller had two kilderkins from us, she had dealings with other brewers—the average during the whole time that we supplied the Nile would be about 23/4 barrels per. week—when the prisoner left the house we took back one barrel of waste and 11 gallons of stout, which was not fit for sale.
Cross-examined. October would represent 18 barrels—we do not sell bottled beer, I think there was one of Barclay's cards in the window for bottled beer.
HENRY SIBLEY . I am a waiter and live at Greenwich—I have known the Nile about two years—I remember the prisoner opening the house in October—I should 8ay it had been closed about a month—I don't know who the previous tenant was—I never used the house before Clark took it—I was a customer—I helped Chandler's drayman out with two barrels of beer one day in October.
JOHN LEWIS . I am employed by Passingham and Hall, public house brokers—on 19th October, 1885, Clark called on me and gave instructions to dispose of the Nile—he described it as a free house, 11 1/2 years' lease, rent 40l., and offered to sell the lease, fixtures, utensils, and good-will—he described his takings as 60l. a month, and his malt liquor trade was about six barrels weekly—he gave us to understand that he was dealing with Chandler's and that probably a loan could be obtained from them—one of the clerks took down the particulars in my presence, I prepared an advertisement in consequence—I knew nothing of the Nile previously—I was present at the change, and witnessed the agreement—there was a very small amount of stock on the premises, that had been arranged between the parties—this is the inventory we prepared—I was present when the 50l. was paid to Mr. Passingham by Mrs. Miller, and it was paid to Clark.
Cross-examined. I should think the value of the fixtures was more than 15l. or 20l., I should say 30l.
BERTRAM CAYSEY . I am clerk to Mr. Bury Hutchinson, the solicitor conducting this prosecution—I produce a literal copy of the inventory—the red marks upon it show the articles that were on the premises before
they were taken by dark—I served a copy of this notice to produce on the prisoner.
HARRY MILLER . I went and saw the Nile before my wife purchased it—I saw Clark—he said he was doing 26 barrels a month, and had been for some time, and there was a good trade being done there—he showed me the brewer's receipts to prove that he had had 26 barrels in the last 31 days—I looked at the papers and they tallied with what he said—he did not show me the brewer's book, he said he had no Chandler's book, that he paid for his beer as he had it—I asked him if the fixtures and utensils were all his, he said yes.
Cross-examined. I went over the cellar before my wife saw it—I did not go all over the house, I went over the bar—from what I saw I liked it and reported favourably to my wife—the 15l. was paid on the ground that we were to have a 100l. loan from the brewers if required.
By the COURT. From the proofs he showed me I was not satisfied, and he said "If you are not satisfied I will lend you 100l. myself, as money is no object to me—the 15l. was paid for the fixtures alone.
GUILTY.— Judgment respited.
498. WILLIAM KINGSMILL (55) to stealing a letter containing orders for the payment of money whilst employed in the Post Office.— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour.
500. GEORGE SWITZER (22) to three indictments for forging and uttering receipts for money whilst employed in the Post Office.— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour.
501. ARTHUR JAMES TUNSWELL (50) to six indictments for forging and uttering orders for payment of money and stealing the same, the property of the E. C. Powder Company.— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour.
502. GEORGE BAKER (22) to feloniously uttering counterfeit coin, after a conviction of uttering and having counterfeit coin in his possession in May. 1885, at this Court.— [Pleaded Guilty: See original trial image.] Twelve Months' Hard Labour.
503. JOSEPH MITCHELL alias WATSON (59) to obtaining by false pretences from John Jeffreys, 2s. 6d.; and from Richard Morton Taylor, 1s., with intent to defraud.— [Pleaded Guilty: See original trial image.] Fifteen Months' Hard Labour.
505. ARTHUR SIMMONDS (34) to stealing two diamond rings, the goods of Henry Sylvester; and to another indictment for stealing three seals, the goods of John Walker, after a conviction of felony in April, 1881.— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour.
506. ALFRED BASS (19) to forging and uttering an endorsement on an order for the payment of 4l. 14s. 6d.; and also to forging and uttering another order for the payment of 10l.— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour. And
MR. WILKINSON Prosecuted.
WILLIAM JOHN ROBINSON . I am a pork butcher, of 33, South Street, Manchester Square—on 24th April the prisoner came to my shop a little before 1 p.m. for a quarter of a pound of beef and a small bone, which came to 4d.; she gave me half-a-crown, and I gave her 2s. 2d. change, putting the half-crown in the till, in which there was no other half-crown—the prisoner left—subsequently a constable made a communication to me—I looked at the half-crown, tried it in my teeth, found it was bad, and gave it to the constable; this is it.
PATRICK SCANLAN (Policeman D 185). About one on 24th April I was on duty in Baker Street, Portman Square, and followed the prisoner—I saw her go into Robson's shop, and after she came out I went in and made a communication to Mr. Robson—I afterwards took the prisoner into custody, and brought her back to the shop, where she offered to pay with good money for what she had bought—Mr. Robson said "That is the woman that gave me a bad half-crown"—when I stopped her I asked her if she had been into Mr. Robson's shop—she said "Yes"—I asked her if she had passed bad money there—she said "No"—at the station she was charged and searched; she had two vases, a quarter of a pound of pork, 5s. 6d. in silver, and 6d. in bronze—I told the inspector she had been in a china shop in Baker Street—she said yes, she had been into a china shop—this is the half-crown I received from Mr. Robson.
WILLIAM THOMAS STANDISH . I keep a china shop at 57, Baker Street; on 24th April, about one, the prisoner came in for two vases in the window at 4d. each, and gave me half-a-crown; I had no small change, and asked her if she had no other silver; she said no at first—I saw a two-shilling piece in her purse, and said "That will do, if you give me that I will give you change"—I saw the half-crown looked black; I gave it back to her, and gave her change for the 2s.—I then said "I suppose you are perfectly aware this is a bad half-crown"—she said "No, I am not, or I should not have given it to you"—I gave her back the half-crown, and she hurried out—this is the half-crown.
The prisoner in a written defence stated that since she had come out of prison the had been at work at Peter Robinson's, and that the did not know the coins were bad.
GUILTY with a recommendation to mercy. Judgment respited.
She then PLEADED GUILTY to a previous conviction of uttering in 1884, in the name of Mary Seymour.—
NEW COURT.—Monday, May 3rd, 1886.
Before Mr. Common Serjeant.
Watson having been before convicted of felony. WATSON**— Eighteen Months' Hard Labour. STRONG— Eight Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
MARIA NILL . My father is a tobacconist, at 62, New Oxford Street—on 6th April, about 11.50 p.m., the prisoner came in for a threepenny Manilla cigar, and gave me a half-crown—I saw it was bad, and broke it in the tester—I bad taken another half-crown from him five minutes before—he was smoking it, he had smoked about an inch of it—I said "This is the second bad coin you have brought me in the last five minutes, and I shall give you in custody, I don't look upon it as an accident"—he said "You are talking rubbish, I have never been in your shop at all"—I said "I am quite sure you are the same person"—he was going away, but I went to the door and stopped him—I showed my father the two half-crowns—the prisoner said several times it was all nonsense about his being there before, and he swayed to and fro very much—I did not take much notice of his face on the first occasion, but I noticed his coat, and his height, and the tone of his voice—he paused between each word, he was so tipsy—he did not ask for a Manilla the second time, only for a cigar—I gave him two shillings and threepence change on the first occasion, and on the second occasion I have him change for a good florin, one shilling, a sixpence, and threepence—I gave the two half-crowns to the police; one was broken in two, and the other bent slightly—the gas was very dim, it was half turned out; the shop was being closed.
Cross-examined by the Prisoner. I had a paper and pencil in my hand when you came in the second time—I was pretending to scribble down a few figures, but I was considering what I should do—I also had the bad half-crown in my hand rubbing it—directly I saw you at the door I expected another bad coin—when I found it was bad I demanded the cigar back, but you put it in your pocket—you said "It does not stand to reason that I should come in twice."
By the COURT. I said before the Magistrate "I believe the prisoner is the man, but I won't swear it"—I don't swear it now, but I am quite sure—I said so because I did not know his face—on the first occasion only the counter, was between us, but I did not look him in the face, not to take notice—I am rather near-sighted—I am sure I gave him three pennypieces in change the first time.
Re-examined. He paid me with a good florin—he had the same coat, he was the same height, and had the same drunken gait and voice, and I recognised him as he came over the step—I do not swear he is the same man, but I have no doubt—he tried to push past me, but I pushed him back, and at that time a constable came up—the shop was only partly closed, the thing which goes along the door was up, and he stepped over it.
NEIL JACKSON (Policeman E R 43). On 5th April, about 12.5, I was called to Mr. Hill's shop, and the last witness gave the prisoner in charge for passing two bad half-crowns; he said that he had not been in before—he was sober, but pretended to be drunk—he reeled about going to the station, but when he got there he did not smell of drink—he denied passing the first coin, and said "Is it likely I should come back with a second half-crown?"—she said "I am sure you are the man, you are smoking the cigar now which I served you with"—I searched him in the shop, and found four separate shillings, two six-pences,
six pence, and two halfpence—I took him to the station; he gave his name Charles Norman, but said "I refuse my address"—the Inspector said "That won't improve your case"—he said "It might be a good deal worse for me if I gave my address"—he told the Magistrate next morning that he lived at Oakley Street, Lambeth, but refused to give the number—this (produced) is the cigar which he was smoking.
Cross-examined. You were perfectly sober.
MARIA NILL (Re-examined). This is a piece of a Manilla cigar, which the prisoner was smoking; the first cigar he bought of me was a Manilla, of the same quality as this—the second was different, as he only asked for a cigar then.
GEORGE LEE NILL . I was not called at the police-court—I was outside my door putting my shutters up, and saw the prisoner when he came first; he reeled so much that I was obliged to step away—I noticed him, and as I was putting the piece across the door when he came the second time, he said "I suppose I must step over"—believing him to be drunk, I stood at the door, thinking my daughter would have trouble—I then fetched two more shutters, and saw that there Was some contention, and stepped in, and my daughter said "This man has passed this," in the prisoner's hearing—he made no remark—I looked through the glass the first time, and saw the prisoner on his first visit, and I put up eight shutters between then and his second visit, and then I said to myself "Two men in light clothes"—short of swearing to him I have not the slightest doubt about him.
The prisoner in his defence denied being the man who passed the first coin, and stated that he did not know that the second was bad; and that before the Magistrate the prosecutrix could not swear that he was the man who came the first time.
GUILTY of the second uttering.— Eight Months' Hard Labour.
MR. CRAUFURD Prosecuted; MR. GEOGHEGAN Defended.
ALFRED ALLEN ELDRIDGE . I manage the Rose and Crown, Goswell Road—on 2nd April, after 8 p.m., the prisoner came in with about half a dozen friends—I did not know till afterwards that one of them was her husband—the prisoner called for a pot of ale and handed me a florin—I gave her a shilling, a sixpence, and 2d. change—about two minutes afterwards she called for another pot, tendered another florin, and I gave her a shilling, a sixpence, and 2d.—she then called for a third pot and tendered a florin—I put it in the tester and found it was bad, and handed it back to her, and she paid me with 4d. and walked out—I had put the other florins in the till—the others drank from the pots, and one of the women went out with her—I examined the till directly, and found two bad florins; there were no other florins there—I had taken no florins after they came in, nor any other money—I followed her out and gave her in custody; she said she had not been in the house—the persons who came with her remained there.
LUKE COBBEY (Policeman G.R). Mr. Eldridge gave the prisoner into my custody on 2nd April, about 8.35, and handed me these two florins—she said "I have never been in his house"—going to the station she
said "I will go home first," and ran away; I caught her about 30 yards off—the female searcher handed me at the station three good shillings, a sixpence, and 4d.—I have seen a man who told me that the prisoner was his wife.
Cross-examined. I took her nearly opposite the Rose and Crown; there was no one with her—she gave her baby to another woman when she ran away.
MR. GEOGHEGAN here put in the marriage certificate of James Conroid and Johanna Sullivan in 1873.
Witness for the Defence.
JULLIA BURT . I live at 17, Duffern Street, Mile End Road—my maiden name was Julia Sullivan; the prisoner is my sister—I was outside the church one foggy Thursday in November when the prisoner went in to be married to John Conroid—I did not go in because I objected to the marriage—they were married in a Roman Catholic church; I saw them come out with the marriage lines in their possession, which her husband tore up at first, but she renewed them—John Sullivan is my brother.
Cross-examined. I did not know why her husband tore up the lines—I did not visit them afterwards—I never saw them together but as man and wife.
Re-examined. I believe her husband quarrelled when he tore up the lines; they had one child.
NOT GUILTY .
MR. CRAUFURD Prosecuted.
JOHN PRESTON . I am barman at the Blue Last, in Great Eastern Street, Shoreditch—on 9th April, between 4 and 5 o'clock, I served the prisoner with some whisky, which came to 2d.—he gave me a florin; I put it on the money tray by itself and gave him a shilling, a sixpence, and some coppers change—he drank the whisky and went out; he came back in about ten minutes for some more drink, and gave me another florin, which I handed to Weller—the prisoner could not see that, but he ran out—both florins were bad—I saw the prisoner at Worship Street on the 16th with seven others; I did not recognise him at first, but I afterwards said he was the man—he said "What, me?" and I then knew him by his voice; Weller was with me—I saw the florins marked; these are them (produced).
SIDNEY WELLER I am manager at the Blue Last—on 9th April I saw the prisoner come in the first time; he went out, and Preston showed me a bad florin—the prisoner came back in about ten minutes and handed Preston another coin, which he showed me—the prisoner must have heard what I said, for he ran out without his change, leaving his whisky—I ran after him, but could not see him—I went to the station on the 16th and saw the prisoner with seven or eight others, and identified him the moment I saw him, but Preston was doubtful about him—he said "Somebody has put me away, and they will get a hiding before long," and when the prisoner spoke Preston identified him.
Road—on 9th April, between 5 and 6 o'clock, I served the prisoner with a pennyworth of rum and half a pint of ale, which came to 2 1/2 d.—he gave me a florin; I laid it by itself, and gave him the change—in about five minutes he asked for a pot of ale, and gave me another florin, though I had given him a shilling, a sixpence, and 3 1/2 d. in change for the first—I gave him change again—I went to show the coin to my father, and when I came back he was gone—I tried the coin, it was bad; this is it—I had seen the prisoner before; he used to live next door, and used to come in—a man came in with him, and there was a woman in the bar, but I do not know whether she was with him.
JAMES NEWBERRY (Police Sergeant G). I was called to Kingsland Road, and received these two florins, which I marked, and a description of the prisoner, and on Thursday, the 15th, I took him at a beerhouse in Nile Street, City Road—I said, "Claude, I shall take you for uttering two counterfeit florins in the Old Basing House public-house"—I knew him as Claude—he said, "You have made a mistake"—I took him to the station, but only found a pawn-ticket on him—he was placed with seven others, and Miss Webster identified him at once—I went next morning to the Old Blue Last, and received two florins—I took the first two witnesses to Worship Street; the prisoner was placed with seven others, and Preston failed to identify him, but the manager picked him out at once—I told him he would be further charged with uttering two counterfeit florins on the same day—he said, "I should like to know who has put me away, they will get a good hiding"—Preston then said "That is him"—he said he had no fixed address, he lived at a common lodging-house.
GUILTY *†.— Eighteen Months' Hard Labour.
OLD COURT.—Tuesday, May 4th, 1886.
Before Mr. Recorder.
516. WILLIAM NEUMAN (33) to unlawfully obtaining by false pretences 5 cases of champagne, with intent to defraud. [Pleaded Guilty: See original trial image.] Recommended to mercy by the prosecutor.— Three Days' Imprisonment.
517. SAMUEL NOTT (30) to four indictments for feloniously forging and uttering orders for the payment of 1,000l., 500l., 250l., and 249l.; also to unlawfully obtaining sums by false pretences.— [Pleaded Guilty: See original trial image.] Judgment respited. And
518. OSBORNE VYSE ALDIS (43) to feloniously forging and uttering a power of attorney, with intent to defraud. [Pleaded Guilty: See original trial image.] The prisoner received a good character.— Eighteen Months' Hard Labour.
JOHN ROSSITER . I am a plumber, of 18, Hutchinson's Avenue, City—I rent the second floor front room—on Good Friday I left my room about 20 minutes to 6 in the morning; my wife left after me—I returned at 11.30 p.m.—in consequence of something my wife told me next
morning I searched the room, and missed a blanket, a duplicate, some rabbit sides, a copper bit, a soldering iron, and a piece of a glove—I have a portion of a glove here which tits the piece I lost, which the constable has—I saw the prisoner once at my place, on the previous Sunday, with his wife—I had never seen him before to my knowledge.
ELIZA ROSSITER . I am the prosecutor's wife—on Good Friday morning I left my room about half-past 8—I locked the door, and left the key in the lock—I returned about half-past 1 in the day; I left at 10 minutes to 2, and locked the door again—I returned about 8.20—in consequence of what I was told by the person who lives in the next room, I looked round my room and missed a pawn-ticket from the mantelpiece, and next morning I missed a blanket and some rabbit sides—I know the prisoner, I work with his wife, I have spoken to him three times with his wife.
HANNAH BLOCHINSKI . I am the wife of Meyer Blochinski and live in the next room to the Rossiters—on Good Friday, about 2.30, the prisoner came to the house and asked me if Mr. Rossiter had been to dinner—I said I had not seen him—he knocked at the door, I said "No one is in, don't go in," the key was in the door—I saw him go in, he remained there about half an hour and when he came out he had a piece of Passover cake in his hand—I could not see what he had in his possession because it was dark on the landing, he stood talking to me two or three minutes on the landing.
Cross-examined by the Prisoner. I did not see what was in the parcel, it was not a dog—you were eating something—you had no stick in your hand.
DORA LICHSTEIN . I am the landlady of this house—on Good Friday afternoon I saw the prisoner run upstairs, he afterwards came down, he said "What a nice day it is"—I said "Yes, sir," and he walked out—I could not tell whether he had anything, I was inside my room, he had a piece of Passover cake in his hand.
ROBERT LEMAN (City Detective). On 3rd April I went with the prosecutor to 21, Chiswell Street, where I saw the prisoner—I said "Is your name Jinks?"—he said "Yes"—I said "You are accused by this man of stealing a blanket, a pawnbroker's duplicate, and some rabbit sides, from his room at 18, Hutchinson's Avenue, yesterday"—he said "I have never been anywhere near the place"—I said "Then someone tells lies, as there are three different people who saw you in the house"—he said "Oh yes, I did go to the door, I went into the yard"—I took him to the station and sent for the witnesses and they repeated the evidence they have given—I found on the prisoner a portion of a glove with the fingers cut off, it was given to his wife; it agreed with the piece the prosecutor showed me.
Prisoner's Defence. I believe this is done in spite.
NOT GUILTY .
MR. GILL Prosecuted; MR. GRAIN Defended.
GUILTY .— Two Days' Imprisonment
MR. HUGGINS Prosecuted.
WILLIAM FINLAY . I am manager to Mr. Broad—on 3rd April I counted the money in the till and left 10s. on a shelf—the prisoner came into the shop a few minutes afterwards and bought a penny orange—he left, came back, put his arm through a loop-hole, and took something off the shelf—I rushed to the door and missed the 10s., the prisoner walked outside, I ran after him—he was knocked down in Houndsditch by a constable.
WALTER COPPIN . I am a warehouseman—on 3rd April, about a quarter past eleven, 1 was in Liverpool Street—I saw the prisoner walk inside the prosecutor's shop, put his hand inside the pigeon-hole of the window and walk out—I followed him and said "Look out, he has got your till"—several people ran after him and he was stopped.
ALFRED JAMES (City Policeman 966). I saw the prisoner running, some one said "Stop him"—I ran across the road, he got under my arm and got away, leaving his hat behind him—I ran after him about 100 yards—I called to him to stop, as he did not I hit him on the head with my stick and knocked him down—I brought him back 30 or 40 yards and met the witness, who said he had stolen 10s. from the till—a box of sticky stuff was found upon him, but no money, only a penny—it was quite 400 yards from the shop that I stopped him.
NOT GUILTY .
NEW COURT.—Tuesday, May 4th, 1886.
Before Mr. Common Serjeant.
RILEY PLEADED GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted,
ROBERT SAGAR (City Detective). On 9th April, about 3.30, I was with Detectives Wise and Pentin in Fore Street, and saw Watson outside the Grapes public-house—after a few minutes a costermonger joined him and shortly afterwards the other prisoners came up and they all five went into the public-house—they came out in about half an hour together and crossed over to Lower White Cross Street—the costermonger went down Fore Street, and at the corner of Lower White Cross Street Barlow left them and went into an oil and colour shop while the other three went up Lower White Cross Street—I went into the shop by another entrance and saw Barlow making a purchase, he handed a sixpence to the shopman, who put it into the till—as she left I spoke to Green the shopman, and he looked into the till and took out this bad sixpence, which he marked and handed to me—I went out and found Barlow in Lower White Cross Street about five yards from the other three—I took hold of her and said "I shall take you into custody for uttering a counterfeit sixpence at this oil shop just now," and took from her left hand fivepence in bronze and this cake of blacking which was sticking out of her jacket pocket—she said "We are all liable to take bad money"—I had given a signal to the other officers and the other
prisoners were taken—the female searcher gave me some good coin, a shilling, a sixpence, and thirteenpence in bronze.
WALTER GREEN . I am shopman to Mr. Whitehead, oil and colourman, of Fore Street—on 9th of April, about four o'clock, Barlow came in for a pennyworth of blacking, and gave me a sixpence—I gave her 5d. in coppers, and she left—Sagar came in directly and spoke to me—I looked in the till and found a bad sixpence; it was the only one there; I marked it and gave it to him; this is the blacking I sold to Barlow.
Cross-examined by Barlow. There was no other money in the till but the sixpence you gave me; I did not give change for a half-crown—the policeman examined the till when I took the sixpence out.
Re-examined. I received no money from the time she gave me the sixpence till Sagar came in and got it.
JOHN WISE (Detective Officer). I was with Sagar and other officers about 3.30 p.m., and saw Watson talking to a costermonger outside the Grapes public-house, and two or three minutes afterwards he was joined by the other prisoners; they all four went into the public-house, and the costermonger made five—they remained there half an hour, and then came out, and Barlow went into Mr. Whitehead's shop, the other prisoners going up Lower White Cross Street—Sagar stopped Barlow, and Collins and other officers stopped Watson, Riley and Jennings. (See next case)—I told them I should take them in custody for being concerned in uttering counterfeit coin—I took Jennings—I saw Pentin stop Riley, and heard him say "Open your hand"—that was in the other prisoner's hearing; I turned round and saw this bad sixpence drop from his hand; I searched Watson at the station and found two florins, three single shillings, a sixpence, and a halfpenny—he said "l am a respectable man, I don't know what I am brought here for; I don't know the other prisoners"—the female searcher afterwards handed me two sixpences, a shilling, 2d., and a counterfeit threepenny bit, found on Jennings—Jennings said "I don't know any of the other prisoners, I was not in their company"—I saw the four prisoners together in company on the 6th or 7th of April'—I have seen them at the Stone House public-house in Old Street, St. Luke's, that is near Fore Street.
Cross-examined by Watson. You told me where you were working, and asked if I had not seen you in the City selling pictures, and I said "Never."
ARTHUR PENTIN (City Detective). I was with Sagar and Wise on 9th April, and saw Watson with a costermonger standing outside a public-house; they were joined by the three prisoners, and they all five went in—I went into an adjoining compartment and watched them—they were all drinking together from one pot of beer—they remained about half an hour—Watson called for another pot, and paid for it, and they all drank out of the same pot again—I remained there all the time they were there and watched them out, over a window—I missed Barlow and the costermonger at the corner by the oilshop—I looked up White Cross Street, and saw Riley, Watson, and Jennings about twenty yards up from the public-house—I took hold of Riley, and said "Open your hand "—it was in his coat pocket—I pulled it out, it was clenched—I heard something drop, and a sixpence dropped on the pavement, which Wise picked up—I forced his hand open and found a small paper packet, containing these ten bad sixpences, separately wrapped up as they are now—
I searched Riley at the station and found this black bag tucked in the waistband of his trousers, it contained three separate packet?, just as they are now, one containing thirty bad threepenny pieces, and the other containing fifteen bad threepenny pieces, and the third packet eleven counterfeit sixpences; he also had a half-crown, a sixpence, and twopence halfpenny, in good money.
Cross-examined by Watson. I saw you pay for a pot of ale; I can't say whether you paid with coppers, but you received no change—I was in the next compartment, I could not get a good view from the first compartment, and went into another—I saw you speak to the other three prisoners and the costermonger.
ELIZA PADLEY . I assisted my aunt in searching the prisoners at Moor Lane Station—I found on Barlow a sixpence and eightpence in good money, and on Jennings a shilling, two sixpences, one of which was bad, a threepenny piece, and twopence—the counterfeit threepenny piece was in her cotton pocket under her dress, and the twopence in her jacket pocket—I gave those coins to Wise—this is the threepenny piece.
WILLIAM JOHN WEBSTER . I am inspector of coins to Her Majesty's Mint—the sixpence uttered by Barlow and the sixpence dropped by Riley are counterfeit, and from different moulds—the threepenny piece found on Jennings is also bad—the coins in the different packages found on Riley are all counterfeit, and one of the sixpences is from the same mould as that uttered by Barlow, and there are several sixpences from the same mould as that dropped by Riley—the threepenny piece found on Jennings is from the same mould as some of the others.
Watson's Statement before the Magistrate. "I went into the public-house and called for half a pint of ale; I had seven shillings and a halfpenny. I was going to John Street, Clerkenwell, when the constable stopped me; he found seven shillings and a halfpenny on me, and no bad money."
Barlow in her defence stated that she was not aware the coin was bad. Watson stated that he got hit living in the market, that he was not guilty of knowing the coins were lad.
BARLOW— GUITY .
She then PLEADED GUILTY to a conviction of a like offence at this Court in September, 1884, in the name of Ann Will.
RILEY then PLEADED GUILTY to a conviction of feloniously possessing a mould for coining in May, 1878. (See page 31.)
WATSON— NOT GUILTY .
RILEY PLEADED GUILTY . (See page 31.)
The evidence of the witnesses in the last case was read over to them from the shorthand notes, to which they assented.
Jennings's Defence. I bought some oranges in Fore Street, and got the money in change for a half-crown; if I had known it was bad I would not have kept it in my possession as I did for two hours.
JENNINGS— GUILTY .— Eight Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. CLUER Defended. EUGENE PERONI I manage a restaurant at 12, High Holborn—on
23rd March, I served the prisoner with a glass of sherry, price 6d.—he gave me a half-crown—I put it in the till and gave him the change—a man came to the bar soon afterwards who had been sitting down, and asked for change for half a sovereign—I gave it to him, and in the change the prisoner's half-crown was included—it was the only one I had in the till—he pushed it back—I examined it and found it was bad—this is it (produced)—the prisoner was then gone, but he came again on March 27th, and asked for a glass of port, which came to 6d.—he gave me a bad half-crown—I said "This is bad and I shall give you in charge"—he said he was very sorry, he did not know he had any bad money about him—I told him he had given me one before—I gave him in custody with both the coins—I knew him as a customer for two months.
Cross-examined. He gave me the first half-crown between 5.30 and 6 p.m.—there were only three or four customers there—he talked to me about five minutes after he had given it to me; he then went out, and in two or three minutes the other man asked for change—there were 12 or 13 shillings in the till, but no other half-crown—the prisoner used to come once or twice a week, and he came again the following Saturday—I did not tell him at first that he had passed bad money before, because I thought he was a coiner and I would try him again—I do not know that he had had billiard rooms not far from Holborn for two years—I will swear it was a half-crown he gave me the first time, and not a florin—he made no attempt to run out on the second occasion—he did not say "It was a florin I gave you"—the rest of the money found on him was good—I do not remember what coins he gave me on other occasions.
ROBERT HOLLOWAY (Policeman). I was called to Mr. Peroni's shop on 27th March, and found the prisoner detained there—I told him the charge was passing two bad half-crowns—he said, "I am very sorry to think such a thing occurred, it has never occurred before, I waited for you to come"—he said that he did not know anything about the first half-crown, and did not know the second was bad—I searched him, and found a sovereign, two half-crowns, two shillings, a sixpence, and 4d., all good—I received these two half-crowns (produced).
Cross-examined. The prisoner told me he was a commission agent, and I have been told by other policemen that he has billiard rooms—he went with me quietly, and said he was very sorry—the dates on the half-crowns are different.
NOT GUILTY .
MR. CRAUFURD Prosecuted.
ALICE FRANKS . I am assistant to Charles Cardinal, of West Sussex Dairy—on 17th April I served the prisoner with two eggs, price 2d.—he gave me this hall-crown (produced)—I thought it was bad, and called Miss Austin.
Cross-examined by the Prisoner. I left you in the shop about two minutes by yourself, and you could have left if you felt inclined, but I had not said that it was bad.
EMMA LOUSIA AUSTIN . I manage this dairy—on 17th April the last witness spoke to me—I tested this coin, locked the shop door, sent for a constable, and said to the prisoner, "Have you any more?"—he said,
"No, you had better let me go, I have money, I will pay for the eggs"—I said, "No, I had rather not have any more of your money"—he said, "I am an honest man, working in the market"—the boy who had gone for a constable came back, and the prisoner said to him, "Fetch me a constable, I will give you a penny," and directly pushed me aside and ran out—he was stopped two streets off, and I held him till a constable came, and gave him in charge.
Cross-examined. You mentioned your address going to the station, but I had not time to put it down—you said nothing about the Sugar Loaf.
Witness for the Defence.
Cross-examined. I have known him 15 or 16 years, but do not know what he was doing all that time—he disappeared, and I do not know where he went to; he came back 18 months ago—I heard that he was in trouble, but I do not know what trouble it was.
Witness in Reply.
RICHARD HUMPHREYS . I am a warder of Pentonville Prison—I have known the prisoner about 18 years—his last conviction was at Middlesex Sessions on 24th February, 1879, in the name of William Smith for shop-breaking; he had seven years' penal servitude and five years' police supervision—he had been previously convicted of larceny in 1870 at Middlesex Sessions, and twice before that in 1867 and 1878.
Cross-examined. I have made mistakes in my life; I made one at Liverpool, I swore to a man and I was wrong—it is not the first time I have been challenged with it.
The prisoner in his defence stated that he did not know the half-crown was bad or he would not have remained in the shop, and that he had never been convicted of uttering counterfeit coin.
He then PLEADED GUILTY to a conviction of felony at Clerkenwell in February, 1879, in the name of William Smith.— Twelve Months' Hard Labour.
MESSRS. CRAUFURD. and LLOYD Prosecuted.
HENRY HOLLOWAT I am a tobacconist and confectioner of 129, King's Road, Chelsea—on 22nd March, about 3.30, I served the prisoner with two ounces of mixed sweets, price three halfpence; she put down a florin—I took it up and said "This is a very bad one"—I bent it on the counter with my fingers and said "This is only a piece of lead, where did you get it?" and she said "I got it from my employers, and if you will give it me back I shall be able to get a good one for it on Monday morning, as I cannot afford to be the loser of it"—I gave it back to her bent and asked her to pay me—she gave me a good sixpence—I gave her fourpence halfpenny and she left the shop, and I spoke to a constable, who went and brought her back—she said that she had thrown it away—I said "You told me you had received it in wages and would have to get a good one for it, that was a lie," and the made no answer—in
answer to the policeman she said "I refuse to give my name and address"—she was taken to the station, remanded, and on the Monday week following she was discharged.
FRANK—(Policeman). Mr. Holloway pointed out the prisoner to me, I followed her two or three hundred yards, stopped her at the corner of Radnor Street, and said "What have you done with the counterfeit coin you attempted to pass just now in the tobacconist's shop?"—she said "What do you mean?"—I repeated the question and she said "I have thrown it away down the street there," pointing to Flood Street—I said "What is your name and where do you live?"—she said "I refuse my name and address because I do not wish to disgrace my husband"—I took her back to the shop and she said "I know I gave you a bad twoshilling piece, but I gave you a good sixpence to pay for the goods"—she gave her name Eleanor Ward, 25, Waterloo Street, St. Luke's—I made inquiries there—I received a shilling and fivepence from the female searcher.
JOHN FRANCIS HEEMER . I am a grocer of 68, Bath Street, St. Luke's—on 13th April I served the prisoner with half an ounce of tea and a quarter of a pound of sugar—she gave me this florin (produced)—I found it was bad and said "Where did you get this? this is the second one you have tried to pass"—she said "I can tell you where I got it"—I called an assistant and the prisoner left without the goods—she had been there before and I found a bad florin among my money, I found it was bad two or three days after.
JOHN FURSE (Policeman) Mr. Heemer gave me information about two minutes after the prisoner left—I went in search of her and found her about 7 p.m., and said "Are you aware what you have been doing?"—she said "Yes"—I said "What made you run away?"—she said "Because the gentleman in the shop said that he should send for a policeman and have me locked up, but he is mistaken in saying I passed a bad twoshilling piece last week"—I searched her room but found no more—she said that she knew the coin was bad, but she had only that and a penny and wanted to get something for her tea—I found on her this purse and a penny.
The prisoner in her defence said that she received the coin in change at a baker's.
GUILTY of the uttering to Heemer.— Six Months' Hard Labour.
FOURTH COURT.—Tuesday, May 4th, 1886.
Before Robert Malcolm Kerr, Esq.
MR. WILLS Prosecuted.
JOHANNA ADAMS . I am a governess, living at 50, Reverton Road, Fulham—on 1st April about 9.30 p.m. I was in my bedroom and in bed, and heard a knock at the area door, which was fastened but not locked, the housekeeper was out at the time; then I heard the door open and some one come in, and after a few minutes I heard footsteps come upstairs without boots right to my bedroom door; my dogs in the kitchen made a
great noise—I had a fox terrier in my room, I told her to keep him out—I heard the steps go back—I then opened my door and asked who was there: the answer was "Missus"—I took the key from outside my door and locked myself in, I then went to the window and called for the police—my neighbours came, and then my housekeeper came back and went for the police—I did not see the prisoner till he was in custody; there was no light in the house.
Cross-examined by the Prisoner. You did not help me home on the last Friday in March.
MARGARET COLUMN . I am housekeeper to Miss Adams—on the night of 1st April I had left the house and gone out—I was fetched by our next door neighbour, and then I went and brought a constable—we went into the breakfast room, where we found the prisoner sitting without his boots and hat, the constable spoke to him—I had never seen him before—I had left the area door latched.
THOMAS ORIMSTON (Policeman T 324). At 10 p.m. on 1st April I was called to 50, Reverton Road—I found the prisoner sitting on a box in the breakfast parlour with his boots and hat off—I asked him what he was doing there, he said "It is all right"—I said "It is not all right you being here"—he said "I picked the lady up about a week ago, and took her home; she told me I was to come in when I liked"—I took him to the station and charged him.
ROBERT WEST . I am a sign writer of 48, Reverton Road, Fulham—on 1st April about 10 o'clock I heard the dogs at No. 60 barking furiously, I looked out and saw Miss Adams leaning out at the window and saying there was a man in the house—I stopped there till a policeman came, I then went into the breakfast room with him, and saw the prisoner there.
GUILTY .— Twelve Months' Hard Labour.
MR. FULTON Prosecuted; MR. GEOGHEGAN Defended.
WILLIAM MORRIS . I am a greengrocer of Ealing—there is some allotment land near my house, a portion of which is in my occupation, and I am in the habit of placing on it certain manure from my stables—in April last I had a heap of about eight to twelve loads—on 19th April I found the heap untouched, on the 26th it had been disturbed and about a load had been taken without my authority—I do not know the prisoner and never gave him authority to take any manure from my allotment.
Cross-examined. The prisoner is a carman and contractor, and carts manure for the persons that have allotments on that ground—the allotments are narrow strips of ground, and on most of them are manure heaps; sometimes they are a few feet apart—Harris's allotment is next to mine, and his heap would be three or four feet from mine, and on the other side about the same distance is another heap—I had about two heaps in April, one larger and one smaller one—I sold manure to Mr. Penny on 19th March, and he carted it away before 19th April—he carted it the day after I saw the heap—the last time I saw the heap safe was 12 days before I missed this load—I will swear there was then as much manure as I thought—I acted on information given me by Mr. Weedon—a person carting manure from this ground would go up Matlock Lane, although he could go another way—I did not say at the police-court I only had about two loads on 19th March.
GEORGE WEEDON . I am a nurseryman of Ealing—part of my ground ajoins the allotment ground—I am there every morning for an hour or two giving my men instructions—towards the end of April, after Easter Sunday, or a few days before Easter I should think, I saw the prisoner carting mannure; I have done business with him, and know him by sight—he had backed his cart against Mr. Morris's heap—I am positive it was Mr. Morris's, no one was with him—I saw him load manure while I was there; I did not see the cart start, but I saw it afterwards going just by my nursery, the prisoner was walking on with the horse—the cart was piled up full with manure—I knew he was a carter and bought manure off the allotment, and had no reason to think he had not got authority to remove it, or else I should know the hour and day—I afterwards told what I had seen.
Cross-examined. There were seven, eight, or nine loads there on this day—the prisoner worked for me two or three years ago—there was some little disagreement between us two years ago—he drew half loads for me and charged me for loads—I only said to him that I could not employ him as carman again—I did not want him to carry more than his horse could draw—I last spoke to Morris about a fortnight ago—I still consider that the prisoner bears the very highest character for honesty about Ealing—I still considered him up to this a strictly honest carman—we pay 4s. or 5s. on the ground for a load of manure.
WILLIAM HALL (Policeman X 424). About 9.30 on the 27th I arrested the prisoner and charged him with stealing manure from the particular heap—he said "I know nothing about it, I never took it and knew nothing about it."
WILLIAM MORRIS (Re-examined by MR. GEOGHEGAN). I did not say at the police-court that I only had about two loads on 19th March—I have had an addition to my manure since March—I had about eight or nine loads on 19th April, I cannot measure it.
Witnesses for the Defence.
GEORGE PERKINS . I am a baker and confectioner—on 10th April I sold to the prisoner manure which he was to take from Mr. Clement's ground, about forty or fifty yards from Mr. Morris's—he paid me 12s. for it—in taking it away the prisoner would pass Weldon's house—I have known him four or five years; he bears an excellent character, everyone about Ealing trusts him.
WALTER JOSEPH PENNY . I am a carman—I have known the prisoner three or four years—he bears a very good character about Ealing—on 19th March I bought all the manure on his allotment from Morris, I carted it myself.
The prisoner received a good character.
NOT GUILTY .
529. THOMAS TRANTER , Unlawfully obtaining from William Thomas Walduck, by false pretences, food of the value of 1l. 4s., with intent to defraud, and food from other persons by the same means and with a like intent.
MR. BESLEY Prosecuted.
bag with him which, after he was taken, was opened and found it contained only waste paper—he had a conversation with Mrs. Walduck when he came in and I afterwards spoke to him—he left on 20th April, having obtained 1l. 3s. worth of food—his lodging was 12s. 6d.; 1l. 15s. 6d. altogether—my wife communicated to me his statements, and on the 22nd I said to him '"You represented yourself as a medical man in practice and that you had come up to pass your M.D.; it was on that statement, believing it to be true, you obtained accommodation in this hotel. I have made inquiry and find those statements to be absolutely false"—he said "There must be some mistake"—I told him that unless he could explain them I must give him in custody—I had his card, which he had handed to my wife, in my hand; on it was "William Thomas Tranter, M.B.," with an address at Abergavenny—afterwards at the police-station he said he was of no occupation, but this was his name, that he was residing at Long Barn Estate, Abergavenny, Monmouth—the officer called his attention to the M.B., and he could give no explanation of that—I heard on the 21st that he had been to my next-door neighbour after he came to me.
Cross-examined by the Prisoner. You left my house at two on the 20th, saying you were going to be examined, no one saw you take your bag with you—I went up to your room and found your bag was not there—next morning I had a telegram from Streatham Hill asking me to keep the bed for you that night—the statement as to your being a medical man was made on the Sunday after you came—the statement as to your having 2,500l. a year and three assistants and a carriage was not made to me till you were taken in custody that did not influence me in giving you the food, but we believed the statements you gave to Mrs. Walduck when you came that you were a medical man in practice and had come up to pass an examination—I said you did not look like a gentleman, but my wife said it would not do to ask you for a sovereign when you were a medical man come up to pass an examination—we do not deliver bills every morning when no luggage is brought at my house, it would not be usual with a professional man—bills are weekly if not daily—you were not there a week, but I heard that your statements were false—you begged me not to give you in custody till you had sent for your uncle—I promised to wait for an hour or two till a telegram had been sent and an opportunity been given for your uncle to come—you gave the servant a telegram to take—I waited with you till past one, when you said you did not like the suspense and would prefer being given in custody rather than wait on chance of your uncle coming—I sent down to Hunter Street, but the officer could not then come at once—you suggested sending for a constable.
ELIZBETH WALDUCK . I am the wife of the last witness—on 16th April the prisoner presented himself there and I asked him the probable length of his stay—he said "A week or ten days, as I have come for a medical examination in Lincoln's Inn Fields"—he gave me his card with "M.B." on it—as he had a small quantity of luggage I should have asked him for some card or deposit—I believed ho was a medical man or I should not have taken him in—I believed "M.B." had reference to his title—he was supplied with food till he was taken in custody.
before, he said to me that he was a medical man, practising in Monmouth, with a large practice among miners, and also with a private practice, and he mentioned about two old ladies who alone brought him 150l. a year—he said he was going up for an examination, at the Examination Hall, Lincoln's lnn Fields, to pass for M.B.—he said all that on the 17th.
Cross-examined. I communicated all you told me to Mr. Walduck a day or two before the morning you were apprehended—I don't think I told the Magistrate that I did so on the Wednesday morning before.
ALBERT POTTEX . I am a waiter at the Bedford Hotel—on the 15th, about 5.30 or 6 o'clock, when the prisoner came, he said to me he was a medical man, who had been travelling up from Monmouthshire for five hours, and that he felt very sick—on the Sunday he said he had a large practice in Monmouthshire, public and private; that for the public practice he got 2,500l. and from the private 150l. or 250l.; that he kept three assistants, and a dispensary, and a carriage and horses, and coachmen; and that he was obliged to do so, because he had so much business—I recognised the bag that was opened as the bag he brought.
Cross-examined by the Prisoner. I am not sure if you took your bag with you on the 20th—I told you Mr. Walduck had been into your room and saw the bag was gone, and that aroused his suspicions—I mentioned some of your statements to me on Monday, and some on Wednesday—I mentioned it on Monday, but not all the particulars.
Re-examined. The prisoner had food after Monday morning.
WILLIAM CHARLES FREEMAN (Police Superintendent, Abergavenny). I know the prisoner's father well—he is a coalman on the London and North-Western Railway—I have known the prisoner from boyhood; he was apprenticed to Powell, a printer, in Abergavenny—after that he was in a grocer's shop at Cardiff—I know of no other occupation of his—I have lost sight of him for five or six months—I have seen this card: "William Thomas Tranter, M.B.—the address, Long Barn Estate, Abergavenny, is where his father lives; it is a little piece of ground taken by a building society, who built little cottager on it—it is not true that the prisoner has been a medical man.
Cross-examined. I have never had any complaints concerning your character—up to six months ago, to the best of my belief, your character was good, I have since that lost sight of you—your parents are respectable working people—your father has been out of work, through illness he tells me—neither I nor anybody else am aware that you had any property—I know nothing about Rebecca Williams leaving you two houses—I never heard of her death, or anything else.
GEORGE TRANTER . I am no relation of the prisoner—I keep an hotel at 9, Bridgwater Hotel, Barbican—the prisoner came there and described himself as a gentleman—his luggage was a rug with something in it, and a bag of some kind—he said he had three public-houses and some private ones at Hereford and Cheltenham, and he said his address was the Heath, Fownhope, near Hereford—he said he was introduced by the Young Men's Christian Association—he was with me a month—I supplied him with food—I asked him for money at times; he told me he had a crossed cheque which his mother had sent him, and that he had to send it back again; I said if he had given it to me I would have passed it through my bankers—on other occasions when I asked for
money he made various excuses—he said he had to meet a "bill, and that was why he could not pay me—on the 24th he said his mother was very ill indeed, at the Heath, Fownhope, and he must go there directly, and he left—I got this letter from him bearing the post mark, "Bletchley Station, 27th March." (Dated, "The Heath, Fownhope, near Hereford. 27/3/86." This stated that he had found his mother had died from apoplexy; that he would forward a cheque in payment of his bill next week, but that he could not do so till all was settled, as the account at the bank in his mother's name had to be transferred to him.) I saw him again on 5th April; he then owed me 7l. 14s. 7d.—I got 4l. from him; I never got the balance—I wrote to the address given on his letter, my letter was returned through the post-office.
Cross-examined. When you arrived at the hotel you said you were very poorly and had come to see Dr. Jenner—I can not say whether you were ill or not for a fortnight when at my house; since this occurrence we have grave suspicions that it was all shamming—you had porridge, bread-and-milk, and so forth, to eat—you mentioned to me about a gentleman named Murphy staying in the house—you did not tell me till afterwards that you had lent him 4l. 3s.—you came back to my hotel, after having been away a fortnight, on 5th April, to see me about payment—you told me you had got the money at Euston Station in a bag—you came to see me voluntarily about it—I came to this Court on the 12th—I took the 4l. on account of the 7l., not in full settlement—I said I had heard from Northampton that you were a fraud.
By the COURT. I came to this Court when the prisoner was prosecuting a man for stealing a gold watch. (See Sessions Paper, vol. ciii., page 819, Queen v. Cleary.) I never saw a gold watch in the prisoner's possession, and did not think he had one, but he might have—I heard the man convicted and sentenced; I did not give evidence.
By the Prisoner. You said you lost it in the street while you stood there with Murphy—I called Lawson up to see a fire, and you followed him and me out—I do not know anything about Murphy; he decamped from my place because he owed me a week's board and lodging; that was the reason as far as I knew—I only had your word that he was employed by J. and A. Brown—you said you went out with him to see his mother on the morning he decamped—he never came back.
Re-examined. From what the prisoner said I gathered he was prosecuting some one for stealing a gold watch, and I came to tell the Court that I thought he had not a gold watch to lose—I pressed him to pay me in this way; I told him I had a letter in my hand which proved he was not what he represented he was, and that if he did not pay me I should have to speak for myself, and he said as soon as the Court was over that he would pay me, but all I got was 4l.; I lost 3l. 3s. 4d.
EMMA INSOLL . My father and mother keep an hotel at 20 and 21, Burton Crescent—on 24th March the prisoner came there and gave the name of George Chapel Williams, and said he was playing the organ in connection with the Young Men's Christian Association—I allowed him to remain there—on the 25th he brought a portmanteau—on the 31st he left, leaving the portmanteau there—we found it contained a pair of old boots and some papers—he was supplied with food value 16s. 6d.; the total amount of his bill was 1l. 8s. 6d.
Northampton—trains running to Northampton pass Bletchley Station, where there is a post-office box—on 26th March the prisoner came and asked if I could accommodate him for some time; I took him in—next day he was going away, and as he had no luggage I said he had better pay for his bed—he said he had got an aunt in the town where he had left his things, and a cousin who was dying, and that he had come down, I think, on account of this cousin—he showed me some cards and letters addressed to him from where he had been staying at Tranter's Hotel, and he said he was an elder brother of this Tranter, of Bridgewater Hotel, Barbican, and that he had set him up in business—I believed the statement he made, that he was down there because of a sick relative—when he went away on Saturday he said he would return that night, he did not do so—I next saw him on the following Wednesday, the 31st, when he said he sent a messenger to tell us he was called to London unexpectedly by his brother—he remained at the hotel till the following Monday, 5th April, when I thought he was going to his aunt's, I did not know he was going for good—his bill altogether was 1l. 0s. 10d.—he said his aunt's name was Mrs. Watts—I afterwards called on a Mrs. Watts, who was no relation to him; her son met the prisoner at Tranter's Hotel.
Cross-examined. You paid me for the one night when you went away on the Saturday; I have not put that on the bill—you showed me a paper on Sunday, the 4th; I cannot say if it was a summons to attend this Court on the 5th—I do not know if Mr. Lester read it—he came to London on the Monday—I believe you called at the temperance hotel he was staying at to tell him you were in London—I heard since that you called at Turner's Hotel to inquire if he had gone—you went to Mr. Smith's and stayed there a week, and used Mr. Lester's name.
Re-examined. I did not authorise him to say that I recommended him to Mr. Smith—Mrs. Watts is no relation of his—I had never seen him in Northampton before.
NELLY SMITH . My father keeps the West Central Hotel, 97, 99, 101, and 103, Southampton Row, next door to Mr. Walduck—the prisoner came to our hotel on Monday, 5th April, and said "I want a room for to-night; I have come to attend a trial at the Old Bailey about a man that stole my father's watch. Mr. Lester, of Northampton, recommended me to come here; I shall stay till next Thursday"—I asked him for his name and address—he wrote on a slip of paper, and I copied it, "W. Tranter, Madehold, Northampton"—he brought no luggage with him; there was some in his room the next night—he stayed till the Monday week.
Cross-examined. You only asked me whore Mr. Turner lived; you did not say Mr. Turner was staying there.
----SMITH. I am the father of the last witness—the prisoner was at my hotel up to 16th April—I asked for his money by a written note, and afterwards I saw him and told him the account must be paid; he replied "I went to the Agricultural Hall and lost a bag with my money in it"—I believe he said it contained 16l., and that it was on the Wednesday previous, the 14th—my account against him was 3l. 9s. 2d. for lodging and food—I had not seen him before the 16th—as soon as I saw him I made up my mind about him, and said "You must go, I cannot extend the account"—his luggage was some worthless articles, not worth
5s. to sell; they were left in a drawer, he had no portmanteau—I don't know how he got them into the house.
HORACE EAST (Police Sergeant N 47). On 13th April I was on duty outside the Agricultural Hall, and the prisoner complained to me that he had lost 57l. in notes, gold, and silver—he gave me his name as William Edward Williams—I made inquiries; I never traced any of it.
----COURT (Detective Sergeant). This is the prisoner's bag, there is only paper in it; this is the portmanteau, with only old boots in it—on 22nd April, at 2.30, I saw the prisoner at Mr. Walduck's hotel; he said he should give him in custody on a charge of obtaining food and lodging by false pretences; that he had given out he was a fully-qualified medical practitioner, and had come to London to pass an examination as M.D.—the prisoner said "It was my intention to pay for everything; my father lives in Union Road, Longbarn estate, Abergavenny, he is an inspector of the locomotive department of the London and North-Western Rail way; I left home a month ago"—Mr. Walduck asked the prisoner to show the contents of his bag; he hesitated some time, and afterwards opened it—I afterwards searched and found on him a purse containing 11 pawn-tickets, but no money—the pawn-tickets are for a pipe on 26th May, 1885, 5s. 6d.; a silver albert on 29th September, 1885, 2s. 3d., at Newport; 22nd December, a suit of clothes at Newport; on 31st December a pair of trousers at Newport; in January, 1886, a lever watch, 10s., at Newport; on 23rd January a ring, 2s. 6d., at Cardiff; 5th February a coat, 8s., at Somers Town; then trousers and vent, 7s., a silver Geneva watch, 8s., and on 9th March a rug—this letter from his mother was found on him. (This spoke of his father as a living person, and his mother as getting better).
W. C. FREEMAN (Re-examined). I know the real William Capel Williams, he is a master of foxhounds—there is no such place as Heath House, Fownhope, Hereford—I do not know whether Mrs. Watts is his aunt.
The prisoner in his defence stated that he came to town to see Sir William Jenner, that he had saved a little money and had had some left him, that a man at the hotel got everything he could out of him and left him nearly penniless, that then his watch was stolen and he had to stay another week, with no means of living; he denied that he had made any false pretences, or had any intention of swindling, but that he went several times to the Agricultural Hall to see the constable about his loss there, and that he wrote to his father and mother for money.
MR. BESLEY stated that the prisoner had charged an Arabian at a stall at the Agricultural Hall with stealing the 57l. from him, and that he had represented to the officers of this Court when applying for expenses that he had travelled up from Wales for the purposes of the prosecution.— Two Years' Hard Labour.
MR. WILLS Prosecuted.
MARTHA WALTERS . I live at Hart Street, Drury Lane—I was present at the prisoner's marriage to my daughter Mary Ann, 16 years ago this month, at St. Giles's in the Fields—he lived with her 12 years—I last saw him living with my daughter four years ago last month.
Emma Adams. I live at 151, Ossulton Street, St. Pancras—I became acquainted with the prisoner about 12 months ago; he lived in Percival Street, Goswell Road, and represented himself to be a widower with three children—I was married to him at Newington in September last; this is the marriage certificate—he told me his former wife was a very bad woman; he did not say whether she was alive or dead—he put handcuffs on my legs a fortnight after we were married, and beat me most cruelly because I asked for money.
The prisoner in his defence stated that four years ago his first wife left him with three little children, and went to live with another man, that some time ago he heard she was very ill and likely to die, and as he had heard nothing more about her he believed she was dead.
GUILTY .— Two Months' Hard Labour.
MR. WILLS Prosecuted.
GEORGE VIGRON . I am a clerk, of 124, Bedford Row, Clapham—on 13th April I was in Butchers' Row, Aldgate, about 12.45 p.m., with a silver watch on—I was looking at some bullocks being slaughtered when I heard a click, looked down, and saw my watch chain in the prisoner's left hand, with his right he was passing something which I concluded was my watch to another man, of whom I only saw the back—I caught hold of his right hand, called a constable, and gave him in charge—I have not seen my watch since.
ALFRED JAMES (City Policeman 966). On 13th April, about 12.45, I was in High Street, Aldgate—Vigron called me and gave the prisoner into my custody, who said "If I stole the watch I must have it on me "—the prosecutor paid "You did steal the watch; I saw my chain in your hand and you passed something to another man"—he was searched at the station no watch was found.
He then PLEADED GUILTY. to a conviction of felony in October, 1884, in the name of Henry Smith.— Two Years' Hard Labour.
HARRIS also PLEADED GUILTY to a conviction of felony at this Court in March, 1885, in the name of William lynch.— Eighteen Months' Hard Labour. JONES.— Twelve Months' Hard Labour.
534. JOHN WILLIAMS (36) to burglary in the dwelling house of George Rance, and stealing silver spoons and other articles, after a conviction of felony in February, 1884.— [Pleaded Guilty: See original trial image.] Two Years' Hard Labour.
536. CHARLES HENRY LESLIE (24) to breaking and entering the dwelling house of Rose Broughton West, and stealing three boxes of cigars and 15 packets of cigarettes.— [Pleaded Guilty: See original trial image.] Twelve Months" Hard Labour.
537. WALTER SNOW (29) and JAMES SPENCE (27) to breaking and entering the warehouse of James Johnstone and another, and stealing a cash box, a pair of trowsers, and 11l. 9s., [Pleaded Guilty: See original trial image.]
SPENCE* having been convicted of felony in November, 1884, in the name of James Appleton.— Eighteen Months' Hard Labour. SNOW>— Twelve Months' Hard Labour.
538. DANIEL FREEMAN (17) to attempting to have carnal knowledge of Mary Ann Eldridge, Rosina Luck, and Annie Wilson, all under the age of 13, also to an indecent assault on Mary Ann Eldridge.— [Pleaded Guilty: See original trial image.] Twelve Months' Hard Labour. And
539. SARAH EVANS (40) to obtaining by false pretences from the Hearts of Oak Friendly Society various sums of money with intent to defraud.— [Pleaded Guilty: See original trial image.] Twelve Months' Hard Labour.
OLD COURT.—Wednesday, May 5th, 1886.
Before Lord Chief Justice Coleridge.
MESSRS. POLAND and GILL Prosecuted; MR. GEOGHEGAN Defended.
MARY ANN BURROWS . I did live at 9, Grosvenor Street, but now live at 9, Baker Street—I am over 11 years old; the prisoner is my grandfather—on Saturday night, 3rd April, about a quarter past 12, I remember my grandmother coming into our house, she lived next door to us at No. 10, she spoke to my mother and then took me back into her house—my grandfather had not come home then, and I stayed with my grandmother till he came home in about a quarter of an hour's time—my grandmother had got some fish ready to cook for supper—he was drunk when he came home, he took off his hat and coat and hung it up, and then sat down in the arm chair—I got some wood from the cupboard and put it on the fire—to get the wood I had to go behind his chair, I told him to move, and he said" This is nice treatment for me to come home and find no supper cooked at 1 o'clock"—I got the wood and put it on the fire—grandmother then got the frying pan and put some fat in it and put it on the fire; she was sitting at the side of the fire, my grandfather got up and put his fist in her face as if to strike her, she said. "You dare hit me"—he sat down again in his chair—grandmother put the frying pan on and he took it off, and hit her with it behind the left ear—I then ran in and fetched my mother—I did not see the result of the blow, grandmother did not speak, she fell back, and my mother came in and then she died—she was sitting in the chair before the fire when she was struck, and she did not fall—I ran for my mother and she came back with me into the room, my grandfather was still there; she said "What have you done to her?"—he said "I will kill her," and used very bad language—she ran out then and fetched Mrs. Whitcroft, and I remained there till she came back.
Cross-examined. After Mrs. Whitcroft came, Mrs. Billet was fetched; she was not at home at first, my mother went for her, and then the prisoner went for her—I did not see him give the women in the room some gin to bathe the deceased's forehead—the fire was alight when I fetched the wood—I did not hear the prisoner say that he was tired and wanted to go to bed, and did not want any supper, nothing of the sort—
the blow did not knock my grandmother off her chair—I had seen my grandmother before on the Saturday when she had a fit; she fell down all at once then—my grandmother would usually on a Saturday night bring in a lot of beer and gin—the gin they bathed her forehead with was got from the sideboard—she had the beer in her hand when she came over for me—my mother said "Oh Tom, what have you done?"—he then jumped up and told her to go out of the house—she said "Why, Tom, you have killed her"—he said "I meant to kill her"—my mother used the word "kill" first—he was very drunk—my grandmother had not been drinking beer or gin while I was there.
Re-examined. She used to get in beer and gin for grandfather on Saturday night, for Sunday morning.
ANN EMMA BURROWS . I am the wife of Conrad Burrows, and at this time was living at 9, Grosvenor Street, Bethnal Green Road—the deceased, Mary Little, was my mother; she was 67 years old—she lived next door to me at 10, Grosvenor Street—the prisoner is a cabdriver, and she had been married to him about six years—I saw my mother frequently; they lived on very bad terms together—before this 3rd of April she had made complaints to me, and I had heard the prisoner threatening her life—I saw several cuts on her finger the week before—I went into her house on account of hearing a scream, and saw her hands and face covered with blood; the prisoner was in the front room smashing the things; I got her into my yard; he ran into the room and slammed the door, and fastened himself in; he then broke it open and came into my yard; a gate joins the two yards—he broke the line and threw the prop down, and said he would kill the old cow that night—he was in drink—I have heard him threaten her life hundreds of times—he drank dreadfully—he used to go out in the morning with his cab, and return home between one and three in the morning—he was very uncertain in his times—on this night she was in pretty good health, only she had such a horrid dread of his coming home—she had taken some washing home in the afternoon—about seven in the evening she went off in a faint, that was after she had taken the washing home—she worked as a laundress—I bathed her head with vinegar and water, and she came to, and sat with me some time—about twelve o'clock she came into my house—my little girl was up then, she had just come home with me—in consequence of what my mother said I let her go back and sit with her—she appeared to be well then—about half an hour, after they had gone I heard my little girl scream in the street—she told me something, and I went into the house and saw my mother in the chair by the side of the fire, she was dying—I spoke to her but she could not answer me—I saw a mark on the left side of her head behind the ear—the prisoner was sitting in the armchair on the other side of the fire—I said "What have you done to my mother?"—he said "I will kill the cow"—I said "You have done it"—he then jumped up and said "Go out of my place"—I asked him to get some water for my mother, and he refused to go—he said "How can I go"—I went and fetched a neighbour and Mrs. Whitcroft, and when I came back he was still sitting there—before I fetched the neighbours I saw her head go back, and then she died, and I left my little girl with her and fetched a neighbour. And put water in her mouth but it ran out again—I then ran and fetched a doctor, and when I came back my mother was on the bed in the back room—Mr. Davis,
the doctor's assistant, examined her and found she was dead—about two o'clock in the morning I spoke to a policeman, and gave the prisoner into custody, with the frying pan—before that my brother came into the house, and the prisoner ran upstairs into Mrs. Latham's room—he had been drinking more than usual during the last two or three weeks—my mother was in the habit of getting in drink on Saturday night.
Cross-examined. I have lived beside the prisoner and the deceased just over three years—the son who came in lived in Collingwood Street—he was in the habit of calling on Saturday night—I ran in and out between the two houses—the prisoner and I were not on the best of terms—my mother did not fall down when she fainted, she fell back in the chair, she fell on the floor afterwards but I was not there then, I had been to fetch my brother—I had never seen her faint before—I have heard him threaten her life hundreds of times in the presence of neighbours—as far as my mother told me he was a good husband when not in drink—I did not see him crying after he was told she was dead.
LOUISA WHITCROFT . I live at 13, Grosvenor Street—on the night of 3rd April, or the morning of the 4th, in consequence of Mrs. Burrows coming for me, I went in—I saw the deceased, she was dying—after Mrs. Burrows went for the doctor I remained—I bathed the woman's head with gin and water—the prisoner asked me to put some down her throat, that it would do her good—when the doctor came he asked the prisoner if he had had any words with his wife—he said yes, a few over trying some fish—he said "Is she dead, doctor?"—he said "Yes, she is dead—the prisoner then went into the adjoining room and sat in his arm chair and put his head in his hands—I did not hear him speak—I have known the prisoner some years, but not to speak to him more than "Good morning"—I knew the deceased as a neighbour—she has complained to me on one or two occasions about a fortnight previous to her death—I did not see any marks on her.
Cross-examined. I have known the prisoner about five years—I asked him for some brandy and water, he at once gave me some gin, he went out and fetched Mrs. Billet in—when he put his head between his hands he appeared to be crying, when he was told she was dead he appeared quite overcome—he was very much the worse for drink.
ELIZA LATHAM . I am the wife of John Latham, we lived at 10, Grosvenor Street—I heard the prisoner's wife was dead just as I came home—he came upstairs and said "Oh what have I done, what am I to do"—I said "It is a very bad job"—he remained in my room until he was taken by the police—I knew the deceased and saw her from time to time—I moved into her house in August and remained there till April—I have heard noises in their rooms many times—she did not complain to me—I have not seen marks on her—I have heard them quarrelling very often, but she would not allow you to interfere—I have many times heard the prisoner say when sober "Will you leave off jawing of me"—about a fortnight before this happened I saw him in the yard, I did not hear what he said then because it was very shocking, I was glad to go out.
ELIZA WILDMAN . I live at St. Stephen's Road, Bow—I knew the deceased about fifteen years, she worked as a laundress—I used to see her about once in three or four weeks—I saw her on the Friday, about a week before this happened—she made a complaint to me, I saw that her hand was cut—while I was speaking to her the prisoner came in and used
very beastly language—he said "Where is she?"—I said "A neighbour over the back yard called her to give her a sheet, I will go and fetch her"—I did so and she met the prisoner in the passage and they were fighting in the passage—I got her away in the wash-house and saw that her hand was bleeding—he struck her in the passage, but I did not know what he had in his hand.
ELLIS DAVIS . I am assistant to Dr. Thomas—on Sunday morning, April 4th, about half-past one, I went to this house and saw the deceased lying on the bed dressed, I should say she had been dead about a quarter of an hour or twenty minutes—I examined the body—the left side of the neck was covered with soot and so was the lower part of the face—there was a superficial cut below the left ear—I could do nothing and left.
PATRICK GLENUIVEN, M.D . and Master of Surgery. On Sunday morning, 4th April, the police came to me and I went to this house and saw the deceased—I saw a superficial wound behind and below the left ear, it was slight scrape, all black and covered over with blood, it was like the scratch of a pin—next day I assisted Dr. Thomas in the post-mortem—both sides of the brain were congested; there was a clot of blood in the medulla oblongata—the cause of death was compression of the brain from the clot of blood—that would be produced by a blow behind the left ear I dare say—that is a very fatal part in which to receive a heavy blow.
Cross-examined. The blackened part was from soot, not the effects of a blow; as far as I could see it was the flat part of the frying pan that must have struck her—I have heard it stated that the deceased had had a fit some hours previously and that she tumbled down, that would account for some of the clots in the brain—there were two clots, one in the left ventricle and one at the top of the spinal cord, I don't believe the one in the left ventricle caused the death, but the other did—I don't think that a sudden fall on the floor would have caused that clot—it is not usual for the clot to be found on the opposite side to the blow.
By the COURT. I should expect to find the effect of the blow direct and immediate.
WILLIAM EDWARD THOMAS . I am a licentiate of the College of Physicians, of 190, Green Street—on 5th April I made a post-mortem examination of the deceased, the body was well nourished, the organs were healthy with the exception of the brain—there was an abrasion on the left angle of the jaw, and a superficial cut of an inch and a quarter in length about an inch below the left ear—on opening the skull both sides of the brain were congested—there was a clot in the left lateral ventricle, and there was extravasation of blood surrounding the upper part of the spinal cord, pressing on the pons virolia—the cause of death was pressure of the clot of blood on the spinal cord—that would be caused by a blow such as has been described—the part where the blow was received is a dangerous spot, I should say the blow must have been a severe one—death would be almost instantaneous, in a very few minutes.
CHRISTOPHER GINN (Policeman K 123). On Sunday morning, 4th April, I was passing 10, Grosvenor Street—I was called in and saw the deceased—I went upstairs and found the prisoner in a lodger's room—I told him I should take him into custody for killing his wife by striking her over the left ear with a frying-pan—he said "Yes, and I will go with you"—
I took him to the station, where he was charged, he made no statement—I have the frying-pan here.
GUILTY of manslaughter— Twenty Years' Penal Servitude.
NEW COURT.—Wednesday, May 5th, 1886.
Before Mr. Recorder.
MR. MUIR Prosecuted; MR. PURCELL Defended.
GUILTY .— Nine Months' Hard Labour.
MR. BLACKWELL Prosecuted; MR. MOYSES Defended.
WALTER FOX . I am a wirework manufacturer at 323, Mile End Road—on September 5th, 1885, the prisoner called on me, and gave me this cheque in payment of an account of 1l. 12s.—I gave him the difference, 19s., and paid the cheque into my bankers on Monday morning, September 7th—on the following Thursday it was returned marked "No account"—I have since seen the prisoner on several occasions; he has promised to pay it, but has not done so; I have received 10s. from his wife.
Cross-examined. I received that in the early part of November—the prisoner had called several times previously with respect to the cheque—he promised to do his best to pay—someone from the prisoner asked me not to pay the cheque in because, he said, he did not think there were sufficient funds at the bank to meet it—that was on Monday, September 7th.
Cross-examined. The prisoner had an account at the bank up to September—I don't in the slightest suggest this is the prisoner's writing.
ROBERT MURPHY (Sergeant Y). I arrested the prisoner at Winchester on April 12th on a warrant dated 29th October, 1885, and took him to Tottenham—on the following morning I brought him out of the cell to be charged with this offence, and he said, "I don't see how they can charge me with that offence, 10s. of that has been paid."
GUILTY of uttering. (There were two other indictments for similar offences against the prisoner.*)— Nine Months' Hard Labour.
THIRD COURT.—Wednesday, May 5th, 1886.
RILEY PLEADED GUILTY .
The evidence given yesterday was repeated. (See page 13.) Watson received a good character, but several previous convictions (not of coining) were proved against him, and his ticket of leave will not expire till next June.
Barlow's Defence. I did not know it was a bad sixpence till I got 100 yards from the oil shop, when the detective ran after me.
Watson's Defence. I get my living honestly. Am I bound to ask every one what they have got in their possession? I had no bad money on me.
BARLOW— GUILTY .
She then PLEADED GUILTY** to a conviction at this Court in September, 1884, of possessing a mould: in the name of Ann Wilt, having previously been convicted of felony.— Five Years' Penal Servitude.
WATSON— NOT GUILTY .
Sentence on RILEY** (who had two years and four month of his former sentence of ten years' penal servitude unexpired)— Six Years' Penal Servitude.
THE COMMAN SERJEANT commented the conduct of sagar, Wise, and Pentin.
(For other cases tried this day, see Surrey Cases.)
OLD COURT.—Thursday, May 6th, 1886.
Before Lord Chief Justice Coleridge.
544. ANNIE MARSHALL PLEADED GUILTY to unlawfully endeavouring to conceal the birth of her newborn child; she was also charged on the Coroner's Inquisition with the manslaughter of the said child, .— upon which no evidence was offered. Judgment respited. And
545. MONTAGUE HAMILTON WISKER (35) to feloniously sending a letter to Robert Wisker threatening to kill and murder him.— [Pleaded Guilty: See original trial image.] To enter into his own recognisance in 100l. to appear for judgment if called upon.
MESSRS. POLAND and GILL. prosecuted
MARIA DORNAN . On 24th December, 1884, I married the prisoner, he is a sailor—after the marraige he went to sea—in December last I was staying with my brother, Mr. Bushnell, at Hampton—about a fortnight after Christmas the prisoner came there and told me in my brother's presence that he was a married man, and had been married 10 years when he married me, and that his wife had since died—I don't think I made him any answer—he stayed that night at my brother's—we did not go to bed together—next morning he took my rings from my hand—that night he asked me for a pen and ink to write my name, I said I could not get any, it was too late, it was half-past 12, and if I went down I should disturb my brother and sister—he said never mind, and he drew his razor across his arm and said "You can write your name in this blood"—I asked him the reason, he did not give any—I wrote my name and he put the paper inside his desk—I have never seen it since—he went away next morning—I did not see him again till the Thursday, he then asked me if I was going home—I said no, he said no more, but fetched me a smack in the mouth and went away—I saw him no more till 29th March, I was still at my brother's, he came about a quarter to 11 at night, after we were all in bed, he asked to see me, I went down into the kitchen, he asked me if I would take the rings back, I said "I want no rings only the one I have bought myself, the keeper"—he said "You won't take them?"—I said
"No."—he put the rings back on his finger and walked out of the house—he came back on the Tuesday night about 8 o'clock, he came into the kitchen where I was, he said "Maria, are you mending your dress?"—I said "Yes"—he sat down for a few minutes, he then said "Maria, go on your hands and knees and beg my pardon, otherwise I will shoot you"—I saw him draw a revolver from his pocket, he pointed it towards me and said "I will shoot you"—my brother was sitting opposite, and he jumped up and knocked his right hand down, and I ran out of the kitchen—as I reached the back door I heard the revolver go off—I did not go back into the kitchen until he had been taken away—he was quite sober.
Cross-examined by the Prisoner. You had not been unkind to me since our marriage, until December—I believe you would have killed me with the revolver—you went away in a steam ship in October last, we parted on good terms, you always sent me money to support myself—I was then at service at Mrs. Rosenburg's at Crouch Hill—I afterwards went to my mother—I came to my brother's in London on 12th December—I did not write to you saying I was still at my mother's—when you came back I did not take off my rings and throw them at you, and say "Take your b—rings," I told you I had lost the keeper—I did not say I would go back to the man I had been with before—when we were first engaged I told you I had had a misfortune.
ALFRED BUSHNELL . I am a brother of the last witness—she was living with me from December to March—I remember the prisoner coming there and finding her in the kitchen mending her dress—he sat down for a few minutes; he then took his hand out of his pocket with a revolver in it, and he said to Maria, "On your hands and knees, or I will shoot you"—she was standing; he pointed the revolver towards her—I struck my hand across his arm, collared him, and threw him on the floor—as I struck him on the hand the revolver went off—my sister escaped out of the room—I held him till Constable Taylor came and took him out of my hands and took the revolver from him—Taylor was in his shirt-sleeves; he said he was a police-constable, and requested the revolver of him—the prisoner said, "If you step another step towards me I will put another one through you"—Taylor made a rush towards him and grasped his hand, and he fired a second shot—he held the revolver pointed down; he could not raise it because I had my hand on him to keep it down—Taylor then wrenched it out of his hand—the bullet took a piece out of the end of the table and struck on the floor, and Taylor afterwards picked it up—he asked the prisoner if there were any more charges in it—he said, "Quite likely"—he appeared quite sober.
Cross-examined. Your wife was just making her escape out of the door when you fired—my son, 16 years of age, was in the room—I heard the report at the time I had hold of your wrist.
HERBERT BUSHNELL . I was in the room when the prisoner came—as my aunt was going out of the kitchen he fired the revolver; he pointed it towards the door where she went out—I assisted my father in holding him till the constable came.
HENRY TAYLOR (Policeman T 502). On 30th March, about 8 p.m., in consequence of hearing screams of "Murder" and "Police," I went to Bushnell's house, and saw the prisoner with this revolver in his hand—Bushnell was standing behind him holding him—I was in plain clothes and in my shirt-sleeves—I said to the prisoner, "I am a police constable,
I want possession of that revolver, hand it to me"—he said, "If you come near me I will put one through you"—I went towards him and seized his wrist and the revolver, and he immediately fired and said, "There, I told you I would do it"—the bullet did not strike me, it struck the table close by; it took a downward course, as I bent his hand down—later on I picked up the bullet on the floor—I took the prisoner to the station, searched him, and found on him six cartridges loaded—he was sober.
Cross-examined. You did not make any resistance—you did not deliver the revolver up to me, I wrenched it from you.
EDWARD BULLIVANT (Police Inspector). I was at the station—the revolver was handed to me; I examined it; it is a six-chamber American pin-fire; three chambers were loaded—I could not extract the charges, so I fired them into a wooden stool, and the bullets were imbedded in the wood—it is a repeater, and fires without being at half-cock—the prisoner made no statement in answer to the charge.
Prisoner's Defence. I had no intention to kill or injure my wife. It was on the spur of the moment that I said what I did to her, but I did not fire at her. I allowed her to run out of the room, and then in the struggle between the brother and me the revolver went off, and so it did the second time.
GUILTY on the second Count .— Eighteen Months' Hard Labour.
FOURTH COURT.—Thursday and Friday, May 6th and 7th, and
NEW COURT.Saturday, May 8th, 1886.
MESSRS. GRAIN and HORACE AVORY Prosecuted; MESSRS. BESLEY and GOODRICH Defended.
JAMES BUNCE . I am a tailor, of 5, Hope Cottages, Asylum Road, Upper Caterham—in January, 1885, I saw this advertisement in the Christian Million relating to the Golden Argosy paper. (This advertisement stated that 6,000l. would be given away in prizes, and that the first 100,000 subscribers would each receive the "Golden Argosy" for 13 weeks and a prize by remitting 2s.; that to those who collected five subscriptions and remitted 10s. at once, the paper and a prize would be sent free; and that the list of awards would be printed in the "Golden Argosy "and forwarded to all subscribers immediately after March 16. It also gave a list of the chief presents, consisting of five prizes of 100l. each, five of 50l. ten of 20l. and smaller sums, as well as rings, watches, pianos, and other articles, and 95,237 other useful and valuable presents ranging in value from 1s. to 4s.) In consequence of that I sent 4s. in stamps to the Golden Argosy office, 13A, Salisbury Square, Fleet Street, and in return received a copy of the Golden Argosy and two numbered receipts—each subscriber had to send 2s. for each receipt—I afterwards saw a notice in the Golden Argosy for 14th March, I think, about the prize distribution being postponed, and I sent a further sum of 4s. about a month afterwards—I received two more receipts, making four altogether—I saw an announcement in this number
of 9th May of the Golden Argosy that the award of presents would be made as soon after 16th May as possible, and that I was to send 4d. for postage—I sent back my four receipts in accordance with that, but I first wrote to the office, and in reply received another copy of 9th May with these words about the postage underlined—in consequence of that I sent the 6d. to coyer the postage of the four valuable presents—I saw the list of the prizes published in the Golden Argosy in June, I think—I had received no present for my four receipts—I received by post, with a half-penny stamp on, a picture like this, and a glass pen with ink in it—on one box was a 2d. stamp, and on another box containing studs was a 2d. stamp—after receiving those I went to the Golden Argosy office on 11th July, and asked the female clerk for Mr. E. B. Lewis, whose name appeared in the paper as manager—I did not see Mr. Lewis—early in March I saw an advertisement in the Christian Million, or some similar paper, of the Household Journal, and in consequence of that I sent 4s. to H. C. Edwards, at 34, Bouverie Street, the Household Journal office—in reply I received a number of the Household Journal and two numbered receipts—I afterwards collected 51 subscriptions of 2s. each from different people to the Household Journal, amounting in all to six guineas, which I sent by postal order to the Household Journal before 15th May—in exchange for those I received 11 more receipts, making altogether 13 receipts which I had from the Household Journal—in the May number of the Journal I saw an announcement that 4d. was required for postage—I wrote a letter to the Household Journal and received this reply. (Stating that subscribers must send up their receipts, with 4d. in stamps for each one, and with name and 'address written on the back) In consequence of that I sent 4s. 4d. to cover the postage for these 13 presents I was to get, and I sent back my receipts with my name and address on the back of them—I received the June number of the Journal, containing a further notice about renewals—I did not renew my subscription; I had sent 4s. for a year—on 13th June I received by halfpennypost, in exchange for my 13 receipts, another copy of this picture from the Household Journal, that was the only thing I received—the same day I went to 31, Bouverie Street; I saw "The Household Journal" on the door there—I asked for Mr. Edwards—I went into the office, where I saw the prisoner and another gentleman; I said I wanted to see Mr. H. C. Edwards—the prisoner said "I represent Mr. H. C. Edwards; he is out, and t am responsible for everything in his absence—I produced my picture and said, "I do not consider that this picture is sufficient to satisfy me for all the work I have done. I am obliged to come up by rail because I can get no answer to my complaints even when the letters I send are registered and marked 'private '"—I said I had sent up 13 receipts—the prisoner and the other gentleman said "The agents will have something better than a picture, "that it was a mistake sending me a picture—I said I had been obliged to go to the expense of railway fare because I could get no reply by post, and the prisoner paid me my railway fare—I went away, the prisoner having said I should have something else during the week, and having given me a stamped and addressed envelope marked "private," for me to write to Edwards—on 22nd June I received by post a box containing a chain, some studs and pins, made of brass I suppose, they were not gold—I should not think their value would be more than 1s. 6d. to
2s.; I am no judge—I again went on 22nd June to Bouverie Street, where I saw the prisoner, having asked for Mr. Edwards—he said Mr. Edwards was out—I first saw a female clerk, and then the prisoner came out alone—he asked me why I did not write, that he had already told me he was responsible for everything in Mr. Edwards' absence—I asked whether Edwards was likely to be in in the afternoon—he said he was uncertain when he would be in—I said, "I am not satisfied with what has been sent to me, neither are the subscribers whose money I sent. There are three courses open before you; you either fulfil your promise to me and to those whose money I sent, or you refund every penny of the money I have sent you, or else I will see whether the law has anything to say in the matter. I will have a written guarantee from Mr. Edwards that he shall either refund the money or make good his promise"—he said, "I will write and then Mr. Edwards will write," and he repeated his statement—I afterwards received a letter, dated 24th June, enclosing 4s. in stamps, the balance of the postage money from the Household Journal—I have lost the letter, but this is an exact copy which I took of it (This stated that they considered his application for the return of his subscription quite irregular, but that they returned 4s., that being not necessary for postage.) I then got the July number of the Household Journal containing this list of winners of the more valuable prizes—on 11th July I went to the Golden Argosy office, where I first saw a female clerk, but after insisting on seeing Mr. Lewis some gentleman came and peeped his head at the peep-hole for a moment and went back again; he said he had recognised my voice as soon as he heard it, and had seen me before—I did not see who he was, he was too quick for me—I asked for the names of the winners of the chief prizes in the Golden Argosy; I did not get them—on 22nd June I placed my complaint before the proprietor of Tit Bits—I had seen no copy of either the Golden Argosy or Household Journal before sending my money, it was on the faith of the advertisements I sent it.
Cross-examined. For the 4s. I sent to the Golden Argosy for myself I was to have the paper for six month—I never saw this method of selling periodicals by means of drawings or presents before—I only know of giving prizes in competitions—Tit Bits give prizes every week; and now if you are killed on a railway with a copy of Tit Bits your family gets 100l.—I thought they would get success by starting in this way—I read the stories in the Golden Argosy—I considered the paper was fairly good, but it was too much money—my object of getting the 5s. subscribers was to get extra receipts for myself—I didn't know whether the presents would be divided into so many, or be simply one—each of the five persons got the Household Journal—those who subscribed 2s. had it for six months, and those who subscribed 4s. had the Household Journal every month for twelve months—I had 13 receipts for the 51 subscribers, being one of them myself—there were no others of my family among the 50—Francis Gibbons is here, none of the others that I know of—I expected to get something better than a halfpenny picture for my work—getting the subscribers entailed a vast amount of trouble—Mr. Rawlinson was with the prisoner on the first occasion I went up; I did not have the conversation with Rawlinson—he spoke to me and went downstairs before I had finished—I said to him "If you are the principal in the business I have something else to
say," and he said "That gentleman there will attend to you "(pointing to the prisoner)—they had both spoken to me about business—the chain sent to me was a double chain, not like this one, and not a gold one; not so bright as this, but a dull tarnished thing—I went to Mr. Newns on 20th June, because he was inviting in Tit Bits complaints from people who considered themselves duped—Mr. Newns sent for his solicitor—he stated in the paper that he undertook to prosecute—he did not tell me after a certain time that he had satisfied himself that the prisoner was perfectly respectable, nor did he tell me of his innocence—he did not advise me to cease to prosecute the prisoner—I don't know Mr. Newns's writing, I never had any writing from him—I don't know his private address—his solicitors are Best and Pitts, of Ludgate Hill—it was brought to my knowledge that a respectable gentleman was printing the Household Journal—I forget if it was Mr. Collingridge—I forget if it was brought to my knowledge that Rideout and Wilkinson were Americans—my attention was several times drawn to an advertisement with regard to electro-plated goods at the name of Wilkinson and Co., Regent Street; I had circulars three times from them after I commenced taking in the Golden Argosy—Wilkinson has absconded; he and Rideout were supposed to have gone away at the end of May or beginning of June—Wilkinson appeared twice at the Mansion House, and then absconded from his bail—I never saw Rideout before the Magistrate—I did not notice who were the printers of the Golden Argosy—I don't remember ever seeing the Household Journal or the Golden Argosy on the railway bookstalls—I have looked among other papers for them, in fact I think I can offer evidence that they were never sold by Smith and Son—I did not think it was likely I should get the 1,000l. prize, but I thought I should something worth more than the picture—I have seen the same studs as these in the street at one penny the set—there were three studs, and one for the collar—I won't say that the imitation pearls were not in the pin when I received it—the balance of postage was not returned to me from the Golden Argosy—I had four tickets there, and sent 1s. 4d.; the cost of postage was 4 1/2 d., I think—I never understood from them that they would return postage for articles that came by post—they said in cases of articles coming by rail they would return postage—the postage money was returned to me from the Household Journal after I had threatened—the money for my fare was given me before I threatened, on the day I went up, that was only a half-crown.
Re-examined. The announcement of those prizes just below the chief prizes influenced me most in sending money, I thought if I did not get the highest I might get one of those—I saw every one of my subscribers before I went to complain to the Household Journal office because they are all my customers, not one of them showed me any valuable prize that they had received—at no time did I see any one in possession of any valuable presents which he had received.
FRANCIS GIBBONS . In March last I was a private in the 2nd battalion Coldstream Guards stationed at Caterham Barracks—in consequence of some communication made to me by Bunce I subscribed 2s. to the Household Journal on 7th March—I received back a copy of the Household Journal and a numbered receipt—I saw an announcement in the May number about the postage and sent up 4d. with my receipt, on the back of which was my name and address—I communicated directly with the
paper, not through Mr. Bunce—Mr. Bunce had shown me a copy of the paper before I sent up my money—the only present I received was a piece of blue paper with a ship on it, I tore it up the same day—it came by post for a halfpenny stamp—I did not get back my threepence halfpenny.
Cross-examined. If I had had a prize the value of a shilling I should have been satisfied—I got the paper—the first number of the Household Journal I got was March, I think, and I received it till July—I should have been satisfied with a locket or with a good watch.
Re-examined. I read the whole of the advertisement in the Household Journal, I thought the prize I received not worth anything, I expected something worth having in consequence of the advertisement.
ARTHUR NORTH . I live at Woodford, Essex, and am a telegraphist attached to the Northern Echo, 189, Fleet Street, in which I saw an advertisement in January or February, similar to this one in the Christian Million with regard to the Golden Argosy, and in consequence I took to that office at 13, Salisbury Square, 2s. as a subscription—I saw the prisoner, a clerk, and a person whom I believed to be Rideout; that was at the beginning of February—I got from the prisoner a numbered receipt and either two or three copies of the Golden Argosy, which was published every week—I afterwards saw in that paper this announcement about the distribution of prizes being postponed for two months—in May I saw a notice about the postage and in consequence sent fourpence—some time in May or June I received a present, that was after I went to the office—I went there on June 19th, I had received no present then—I saw the prisoner and a clerk—I demanded the return of my subscription and the fourpence postage as I had not received a prize according to the terms of the advertisement—the prisoner refused the return of either the postage or the subscription—the prisoner and his clerk said they could not return either the subscription or the postage and said something to the effect that the presents were on the way—I left and on the following Monday, the 22nd, I received a number of writing slips called "Arn's Mastery of the Pen," they came by post with a halfpenny stamp, I believe they are things to teach you how to write, their value would be about twopence—on receiving this I went again to the office—I believe I then saw the prisoner and the clerk I had seen before—I made no complaint about the prize, I asked for the names of the winners of the first, second, and third prizes, the three principal prizes of the Golden Argosy, having previously seen an announcement in the paper which gave the number of the chief prize tickets; either the prisoner or the clerk told me to make application in writing; I did so on 16th July and got no answer.
Cross-examined. I know Tit Bits; I believe one or two papers of that class have got a sudden and enormous circulation by a system of prizes—the Golden Argosy was sent to me for thirteen weeks—I understood from the advertisement that the value of the presents would not be below 1s., and were to range from that up to 100l., or a very high sum—I did not calculate the average of what the presents would come to in respect of 100 subscribers, or what outlay was intended to be made to establish the Golden Argosy at starting with 100,000 subscribers—I made a rough calculation at the time and came to the conclusion that it might be done, if carried on honestly—I did not take into account that getting the subscribers direct there would be no discount to the newsagents—I admit it could be done—I thought very probably they could get large numbers of advertisements as soon as they could secure 100,000 subscribers
—there was nothing objectionable in the paper—I don't think the paper contained the opinions of other papers; I did not see them; I did not read the opinions of subscribers—I have seen the Art Union system—I am aware that in Dublin there are constant subscriptions for churches raised in that way—if I had had a prize value 1s. I should have been satisfied.
Re-examined. I never saw a man with the 500l. prize from the Golden Argosy
WALLACE STRANGE . I am a confectioner, of 40, Westow Hill, Upper Norwood—early in last year I saw this advertisement relating to the Golden Argosy, and in consequence I collected 41 subscriptions of 2s. each, and I sent the 4l. to the office, with the names and addresses of all the subscribers, and I received in exchange for myself seven numbered receipts—I afterwards saw an announcement about the postage and sent 2s. 4d. to cover the postage of my presents and a further sum of 8s. on behalf of my wife and daughter, who had also subscribed; altogether I was entitled to nine presents—some time about July, after I had written several times to the office and had received post-cards in reply, I received one or two pictures similar to these ("Wonders of the Sea") and one or two pins similar to these, brass-plated, t believe; I sell similar pins to these in penny packets of sweets; they are given in with a pennyworth of sweets.
Cross-examined. I obtained subscriptions from more than a dozen persons; none of them are here—the advertisement I saw in January was similar to that in the Christian Million—I understood it was done for the purpose of getting a list of 100,000 subscribers by March—for the 13 weeks' subscription they have the paper for 13 weeks—I did not doubt the ability of their fulfilling their promises—before the Magistrate I said I expected there would be a 1s. present for every subscription—I believe most of the persons whose subscriptions I forwarded received a paper regularly—I think I said some of the subscribers received presents in June; it must have been July, I believe—I expected to be paid for my trouble by getting a 1s. present for every five subscribers, and my objection was that I did not get that.
Re-examined. My wife had no present that I know of—several of my subscribers showed me presents that they had received; one was a parcel of penmanship slips, which were returned to the Golden Argosy; then there were several pins similar to this, and pictures, all similar to things I put in penny packets of sweets, with the exception of the pictures.
By MR. BESLEY. The pin I received was similar to this; it is very similar to those I give away, and as near to their value as I can judge.
HENRY CLEE . I am a baker, living at Clifton Villa, Chaldron Road, Caterham—I saw an advertisement similar to this of the Household Journal in the Mirror, a religious publication, and I collected 2s. from 11 people as subscriptions to the Household Journal, and sent the 22s. to that paper about 15th March with the names and addresses of the subscribers—I received a copy of the journal for myself and three numbered receipts—I afterwards saw an announcement about the postage and sent 1s. 4d. to cover the postage of my presents with my receipts, having my name and address on the back—I received no present.
Cross-examined. I sent up the money for postage and the receipts on 14th May, I think, because at that time I believed the things were to be
cleared up by 16th May—I sent my money on 14th March—I got the April and May numbers—I did not see anything in it to be pleased with; the tales were very stupid and not at all exciting—my son was one of the subscribers; he is not here—Mrs. Dulick and Mr. Edwards out of my subscribers are here—I did not go to the office—I did not communicate with Best and Pitts—I communicated with Bunce—I had spoken to no one before giving evidence at the police-court but Bunce and those he had sold tickets to.
By the COURT. I live near Bunce—I sent up 1s. 4d. for postage—only two out of the ten subscribers had presents; they were pictures like this.
SAMUEL EDWARDS . I am a postman living at Pitfield Cottages, Upper Caterham—I subscribed 2s. to the Household Journal through Mr. Clee—I received from the office a numbered receipt, and afterwards sent the 4d. for the postage with the receipt—I got no present.
Cross-examined. If I had had a shilling present I should have been satisfied—I sent my money in March.
MARGARET DULICK . I live at Railway Cottages, Hooley, Caterham—I paid 2s. as a subscription to the Household Journal through Mr. Clee, who brought it under my notice—I afterwards sent 4d. for postage with my receipt having my name and address on the back—I received no present.
Cross-examined. I paid the money in February and had the Household Journal for March and April; I did not get the May number—I did not write about it—I was before the Magistrate, but was not called—Mr. Pitts has sent for me each time—if I had had a shilling present I should have been satisfied.
LUCY ANN CLARK . I live at Star Street, Barking Road, Canning Town—I saw an advertisement in Lloyd's Weekly News and the Dispatch, and in March sent two subscriptions, 4s. 4d., to the Household Journal—I received a copy of the paper and two numbered receipts—I afterwards sent 8d. postage and my two receipts with my name and address on the back—I got this set of studs and a scarf-pin; they are of no use to me.
Cross-examined. I had the March, April, May, June and July numbers—I was before the Alderman when Wilkinson was in custody—Messrs. Best and Pitts had told me to come there—no one communicated with me but Best and Pitts, and I saw it first in the paper—I wrote two letters complaining before I received a present.
Re-examined. I looked for my present in May; at the end of June I wrote twice to the office—I got no answer to my first letter.
JOHN CARR . I lived at 12, Princes Square, Canning Town—early in March last year I saw an advertisement for a clerk, and in consequence applied for the situation at the office of the Household Journal, 31, Bouverie Street—I saw Mr. Rawlinson, and on his suggestion made application in writing—I received a letter from Rawlinson, and next day went to the third floor of 31, Bouverie Street, the office of the Household Journal—I saw the business of the Golden Argosy being carried on there—I saw Rawlinson, who introduced me to Wilkinson—Wilkinson showed me the ledgers of the Golden Argosy, in which the agents' names and a counts were entered—I have not seen those books since I left the office about May 9th—Wilkinson then took me downstairs to the office of the Household Journal and gave me instructions as to my duties—I had not then seen the prisoner—I kept the Household Journal ledgers containing
the agents' accounts—at the time I was making the entries I saw the prisoner there nearly every day; I can't define his position—he came from the Golden Argosy to the office of the Household Journal—the Golden Argosy had two offices, one at Salisbury Square and one in the same building as the Household Journal; there was a private telephone between them—I was engaged entirely on the Household Journal—I saw the prisoner there nearly every day from March to May; I took it that he was cashier for the Golden Argosy, he had no business with the Household Journal that I am aware of—he appeared to have the greatest amount of business with Mr. Rawlinson, he was almost daily at the Household Journal—I kept three ledgers; when one was full I took up another—there was a series of three or four—my business was to see that letters received from agents were collected and then collated by another person, and then entered from his collation on my book—I did nothing else from March to May; I had enough to do, more than some people would have taken on with—I was there from nine to six, with three-quarters of an hour for dinner—other men were engaged in entering for the Golden Argosy—by agents I mean persons who had collected live subscriptions—I saw Wilkinson there, he gave me my directions—about 3rd April I saw Rideout there, he seemed to be the principal of both papers; we knew they were connected—Wilkinson continued to attend, and finally I heard he was ill—ostensibly whatever business the prisoner had to do was with Rideout in a private office—I observed one day he went to Mr. Wilkinson's drawer and asked Rawlinson for some papers, and the prisoner took them—I had seen the advertisement of the Household Journal as to the distribution of prizes; I knew it was supposed to take place on 15th May—I got no notice to leave, but I was dismissed and given a week's salary in lieu of notice by Rawlinson, who said to me, in Halley's presence, he was sorry he did not require my services any longer as the work on which I was engaged had come to an end—I said I was very sorry—he said probably I might be wanted again in a fortnight or so—I said, "You know my address and will write, "I and the prisoner said "Don't write but call upon me"—I afterwards wrote to Wilkinson at the Household Journal but got no reply—a fortnight after I left I went to the Golden Argosy office at Salisbury Square, where I tried to see the defendant, but was unable to—by entering the names of the agents I became acquainted with all those who had sent in the most subscriptions. (MR. BESLEY objected to the witness giving the contents of the ledgers from memory.)
CHARLES MILES TODD . I am a solicitor of the Outer Temple—I am trustee in the prisoner's bankruptcy, which took place after he was remanded at the Mansion House on this charge in July or August—I produce all the books I have received as trustee—there are no ledgers of names of agents or subscribers to the Household Journal, I received no such books.
Cross-examined. The prisoner's bankruptcy was subsequent to the proceedings before the Alderman and to Wilkinson going away—until Wilkinson had gone away I knew nothing of the books with reference to the Household Journal—Rideout was my client, I have always understood he was an American, from his accent I should say so—I knew Rideout first in November, 1884—from what I understood he had come over to start this paper—he was introduced to me as a respectable person—I did
business with him with regard to the Golden Argosy every day, all I did was advising him in starting the paper—it occurred to me whether it might be a lottery or not, he wished to be safe; I got Counsel's opinion at his request—I did not go with him arithmetically into the advantage of starting with 100,000 subscribers—I know nothing about the importing of goods from America, nor about the lady clerks, nor the advertising, nor the printing—I did business with Wilkinson as apart from Rideout since January, 1885—they were both introduced to me by a third party who had not known Rideout for any length of time but had been introduced to him by somebody else—I understood Wilkinson was a jeweller carrying on business in Regent Street—on the 2nd, 3rd, or 4th May I prepared an assignment of the Golden Argosy and Household Journal to the prisoner, the transfer of the business was to date from the 1st of May—the assignment was left in my custody, I sent it to Rideout, having made a copy at Halley's request which I sent to him, it was not in duplicate, I acted for all three, Rideout only assigned—I had no knowledge of Wilkinson's position in the matter—I have got the draft of the indenture, it was executed on 6th May—my impression is that the reason Rideout gave me for transferring the business was that he was shortly going to America. (MR. BESLEY here read the assignment.) Originally the price was 6,000l. and afterwards I was instructed it was to be 2,000l., and accordingly it was altered to 2,000l., 500l. to be paid down and 1,500l. in three bills at six, nine, and twelve months—my original instructions were from Rideout and the prisoner together when they called together on 2nd May—Rideout called alone on the 5th—Halley called alone before those dates and I saw them together on the 6th when the deed was executed—I did not see the 500l. actually paid. (The deed acknowledged the payment of 500l. in cash.) I believe the banking account of the Golden Argosy was to be transferred from Rideout to the prisoner after six months, and I believe it has been—I did not know of Rideout having 1,500l. to buy the presents that were to be sent off, I don't know that on the transference of the banking account he had moneys to that amount—the office furniture, fittings, and effects, as well as the goodwill, are conveyed, I conclude, by this assignment—I saw the bills drawn by the prisoner accepted by him and taken away by Rideout—I had nothing to do with regard to the presents for subscribers—I know nothing as to the money Rideout was to be supplied with out of the funds of the bank for the purpose of sending them from America—I have heard from Rideout from New York during the present year, he makes no complaint against me of the advice I gave him—I have heard no complaint about this being an offence against the Lottery Act—I saw the prisoner occasionally between January and May when he called at my office—Rideout used to send me copies weekly of the Golden Argosy and Household Journal, Rideout was the proprietor of both—I don't know what Wilkinson's part was except that he acted under a power of attorney for a short time for Rideout—when Rideout went back to America for a short time I was instructed to prepare a power in order that Wilkinson should represent Hideout in every way during his absence, this was between January and May and before the transfer—I did not appear for Wilkinson at the police-court, I appeared for the prisoner, he came to me when proceedings were commenced against him and I acted for him—I think Wilkinson was
the second who appeared before the Alderman after the prisoner had left—I know that his parents employed Messrs. Rose Innes and Son after the prisoner went to New York—I saw him the day after he returned and next day Messrs. Best and Pitts came to see me—I was instructed to prepare the power of attorney on 24th February—I know nothing of the prisoner's surroundings or acquaintances, or of his general reputation.
Re-examined. The prisoner was released on his own recognisances at the police-court, and did not surrender; I know since that he went to America—I have since heard from Rideout in America—I think the prisoner told me he saw Mr. Wilkinson there too—I sent the assignment to Rideout by letter—I have not seen it since—this is the draft—as far as I am aware nothing was paid by the prisoner for the transfer of the business—after the bills were accepted by the prisoner they were in my possession; they were drawn on and accepted by the prisoner, and were sent to me by Rideout from America, and I returned them to him—that is all I know of them—I did not endorse them, I simply returned them—they were sent to me as trustee in the bankruptcy for me to try and put them in so that Rideout might get a dividend on them—I did not do so, and at once returned them to him—I don't know whether he has been paid a farthing in respect of, them—Rideout has had nothing since the bankruptcy from me as trustee—the Receiver took possession of the offices in Bouverie Street and Salisbury Square, and it was ray duty to look after the books and accounts—I have never received any books containing accounts of subscribers and agents; if there were such I don't know what, has become of them—a firm of stationers, the printers, filed the petition—I believe everything valuable has been divided, and the creditors have received a dividend of 5s. 6d.; that does not include any of the subscriptions to the paper—a large number of subscriptions were returned after I came—the prisoner did not have a certificate because the examination, was held when he was away.
By MR. BESLEY. I should say the Receiver had been in a month before I came in—I cannot find the assignment, but this is the original document—I cannot say I received a mass of letters from persons satisfied with the presents sent to them—Halley called on me and left in my office a bundle of papers from persons expressing, he said, satisfaction, but I never opened them—about. 150l. is about the amount of returned subscriptions—the money was received somewhere about the time of the proceedings at the Mansion House, and it was all impounded, and not paid into the bank, and I applied to the Judge in Bankruptcy for directions what to do with it, and it was all returned to the persons sending it.
By MR. AVORY. The act of bankruptcy on which he was adjudicated was his going away; that was about the 28th or 29th July—the money returned was that paid after he had been remanded at the Mansion House I think; it was coming in every day in large amounts—the prisoner did not consult me as to what he was to do about these moneys coming in.
JOHN CARR (continued). When I left the office on 9th May I left these ledgers on one of the shelfs—I have no recollection of names of William Morris, 10, Queen Street, or Snow, of St. Leonard's, or Wesson, of Hospital Street, Glasgow, as agents; there were no such names.
Cross-examined. I know nothing of what happened after 9th May—
I saw the prisoner there from the early part of March—I know nothing of how he was paid until May—Rawlinson paid my salary, 35s. a week; I think it was 30s. originally—Rawlinson and Williamson engaged me between them in March—the bottom floor at Bouverie Street was occupied by Bell's Life; the first floor was vacant for some time, and was afterwards used to store boxes in, and two floors above that were occupied by the Golden Argosy and the Household Journal—I did not try the boxes to see if they were empty—I saw one or two cart loads come in, I do not know where they came from; I never saw them opened—there may have been a dozen or 20 ladies employed there the week before I went away; there were eight or nine in the office of the Household Journal; I recognise one here—I do not know how many clerks there were; at different times there were different numbers—in the last week in April there were six or seven of us engaged in the office I was in—Rawlinson and Wilkinson both spoke of raising my salary to 35s. a week—Rawlinson told me on 9th May that the work I was engaged on was come to an end—I am not sure that I said before the Magistrate that the prisoner told me so, it was a mistake—this ledger has nothing to do with subscribers, I never saw it before.
RICHARD HENRY DOUGLAS MACHIN . I am a house agent—about the middle of March last I was engaged as a clerk in the office of the Golden Argosy in Salisbury Square by a person whom I understood was Mr. Lewis—after that I was set to work in the office of the Household Journal in Bouverie Street—I do not think I saw the prisoner till I was at the Mansion House—I stopped there a week—I was directing wrappers for papers, and subsequently sorting papers—there were about 50 clerks engaged there on the floor I worked; they were mostly engaged in making out numbered receipts from counterfoil receipt-books; there were different series of them—when I left I left the counterfoil receipt-books in the office—as far as I know they began with No. 1—one series reached to about 117,000, and another series to 40,000, but all the books would not be used—I left of my own accord and communicated with the police—I do not identify the prisoner as Lewis.
Cross-examined. The young ladies were in the room where I was engaged—I think they were preparing parcels while I was there—I do not know of the goods coming in; I think I saw some cardboard cases come, and they were preparing them—my wages were 30s. a week—I did not see Williamson or Rideout about my engagement, nobody but Lewis—I was a debt-collector before I got this, and I am that again now.
THOMAS JAMES SAVAGE . I was an articled clerk to Messrs. Best and Pitts, Solicitors, of 57, Ludgate Hill—my articles have expired now, but I am still with them—I have had the conduct of this prosecution on behalf of the firm, and also the inquiries prior to the prosecution being instituted—on 3rd July I went to the office of the Household Journal, and purchased the July number, which has been produced—I saw a young lady clerk, and inquired for Mr. Edwards—I could not see him, and went again on the 6th, and made inquiries for Mr. Edwards with a like result—I then went back to the office, and in consequence of something that was said to me at the Household Journal office, I wrote a letter to them, and sent it by hand—I did not know the prisoner as Edwards.
received a letter from the last witness with certain instructions, and took it to the Household Journal office, and delivered it into the hands of a female clerk there—I afterwards served a notice on Messrs. Rose Innes, the prisoner's solicitors, to produce that letter, and I served one on the prisoner the same day at his father's residence in Seven Sisters Road—this is a copy of it.
Cross-examined. The letter was addressed: "H. C. Edwards, Director of the Household Journal"
By MR. BESLEY. That was about the 24th July—I think he had been to the police-court then—he made a statement to the effect that it was Rideout he had purchased from, and that he had been a clerk there before that; I think he said he had tried to carry it on in a bond fide way—I think he said he had sent presents.
H. C. SAVAGE (Re-examined). This is the letter I sent. (This was dated 6th July, 1885, and stated that he had called at the office twice, and that in each case Mr. Edwards was reported to be absent, and that an appointment was refused; that on behalf of the subscribers he requested to be furnished with names of the three persons, who were the recipients of the first three prizes; and that their clerk was instructed to wait for a reply.) I received this reply by post (MR. BESLEY submitted that there was no evidence as to who wrote this letter, and that until it was shown that the prisoner was connected with it, it should not be read. The COMMAN SERJEANT considered the letter was admissible. This stated that the names and addresses of the three prize winners were William Morris, 10, Queen Street, E. C.; William Snow, St. Leonards-on-Sea; and D. L. Wesson, 40, Hospital Street, Glasgow.) After the receipt of that I went to 10, Queen Street, City; it is occupied by Messrs. Wheatley and Co., shipping agents—I made inquiry there—I did not see the name of Morris up there—I have not been able to find Mr. Morris—on 8th July I went to St. Leonards, where I made inquiries about Mr. Snow; I did not see him—I also made inquiries at Glasgow—on 14th July I went to the Golden Argosy office, 13A, Salisbury Square—I saw a boy leaving the office with the counterfoil receipt books bearing Household Journal on them—he went to 31, Bouverie Street, then came back to the Golden Argosy office—the prisoner appeared at the Mansion House to the summons in the name of Edwards—the summons was in that name—the prisoner was represented on the first occasion by Mr. Todd, who explained to the Court that the defendant appeared in the name of Halley; that he represented Edwards, and that he was Edwards—the matter was taken up by the Public Prosecutor in August last, immediately Wilkinson absconded—I had laid the papers before the Public Prosecutor some time before—since then we have been conducting this prosecution under the instruction of the Treasury authorities.
Cross-examined. Wilkinson went away about August; both before and after that I applied to the Public Prosecutor—he had intervened before I applied to him—we were requested to be agents for the Treasury—up to the time Wilkinson absconded we acted in a private capacity—on 11th March Messrs. Rose Innes wrote to us that they had been instructed to
advise the prisoner to surrender, and asked us what date would suit us—Mr. Newns wrote the letter without communicating with us—I knew of it at the Mansion House when the defendant was committed for trial—Mr. Newns has taken no part in the prosecution since Wilkinson absconded—we wrote that we apprehended no difficulty would arise, that was, not with regard to offering no evidence against the prisoner; it referred to my belief that they would produce him—Mrs. Halley came directly after her son absconded and attended every day of his trial—I know she went to America, and the prisoner came back shortly afterwards—I did not tell the Alderman that as far as I knew the prosecution had been abandoned—he surrendered on 22nd March by arrangement.
Re-examined. I communicated with the Public Prosecutor in reference to something Mrs. Halley had said.
Friday, May 7th.
JOHN STAPLES HAYWARD . I have been four years chief clerk in the office of Messrs. Wheatley and Co., of 10, Queen Street, City—there is no such person there as William Morris—we occupy all the premises that have an entrance from 10, Queen Street.
By the COURT. There is a club above us—I know nothing of them—their address is 10, Wells Court, a separate street and quite distinct from Queen Street—they cannot get in from Queen Street—they have a separate staircase.
JOSEPH FRANCE WOOLMER . I am a clerk in the Ludgate Hill branch of the City Bank—Rideout opened an account there in December, 1884—it continued in that name until May, 1885, when it was transferred into the name of G. E. Halley, and it continued in that name until some time in July; it was then closed—this is the pass-book issued to Halley on the transfer into his name—at that time there was a balance of 888l. 2s. to the credit of the account—considerable sums were received after that date—this (produced) is a certified copy of Halley's account from 8th May—the last entry is 31st July on debit—the balance then was 47l. 4s. 3d. which went into the Bankruptcy Court—between 8th May and 30th June, when the account was balanced, there was a sum of 5,012l. 19s. 5d., including the 888l., to the credit of the account; that is, over 4,000l. received between 8th May and 30th June, apart from the balance—on 28th July there is a cheque drawn to self for 300l.
Cross-examined. The account shows on 8th May the payment to Collingridge, the printers of the paper, of 615l. 3s., and on the next day 98l. salaries, and on 16th May 150l. salaries, on 5th June 100l. salaries, on 13th June 120l. salaries, and on 20th June 100l. salaries', with other large payments at intervals.
LUNCINDA WICKTON MCNICHOLL . I am the widow of William McNicholl, a labourer, living at 40, Hospital Street, Glasgow—I was living there with him the whole of last year—we had lived there 16 years—no such person as D. L. Wesson lived in that house last year—a man came one Sabbath Day a fortnight after my husband came up to give evidence in this case, and asked if there were any letters for him—my husband spoke to him—I did not hear the conversation—I asked him if his name was Mr. Wesson; he said "Yes" when I asked him, but he could not tell his name at first—my husband told him to wait till he put on his clothes—he did not come again.
Cross-examined. There are two sets of rooms in this house—we occupy the whole of it and paid rent every month, but we ourselves only occupied
the kitchen and let the rest of the house to lodgers—two letters came for Mr. Wesson; I returned them to the post boy.
Re-examined. They came about the time my husband came up to give evidence—none of our lodgers were ever known by the name of Wesson.
ARTHUR BUTLERS . I am manager to David and Co., printers, at 28, King's Road, St. Leonards-on-Sea—I have been with them for some years past—I did know a man of the name of A. W. Snow, living at 28, King's Road during last year—I knew a man named Wesson, and I believe they had some connection—I had business transactions with, them jointly as partners in an advertising business at St. Leonards—Mr. Savage called on me in July about a fortnight after I had last seen Mr. Snow in Hastings—when I first knew Snow and Wesson, in 1885, they were in partnership; about six weeks afterwards they dissolved partner ship, and then we did business separately with them—Snow afterwards had an address at Hastings, but not at 28, King's Road—I communicated with him after July at the American Exchange, 44, Strand, London—I wrote to him there, but had no answer—I believe the latter end of last year was the last time I heard from him.
Cross-examined. I believe Wesson and Snow were travellers for some advertising firm, and at one time they were travelling in Hastings.
ROBERT CHILD (City Detective Sergeant). On Tuesday, 23rd June, I went to the Household Journal office, 31, Bouverie Street, in consequence of some complaints received by the police; and after Mr. Machin had communicated with the police, I believe—I asked for Mr. Edwards and saw Mr. Rawlinson, who took me to Salisbury Square, where I saw the prisoner—I said to him "I am directed to see you in consequence of complaints received by the Commissioner of Police from persons in different parts of the country as to letters not being answered and prizes not being received by them as subscribers to the Household Journal and Golden Argosy, and I am specially directed to tell you that if these advertisements continue the matter will be placed in the hands of a solicitor"—he said "We send the prizes off as fast as we can; we have ourselves received letters of complaint on the one hand, on the other we have letters from people who are very well satisfied, and we have testimonials which you can see"—I said "Are you the proprietor of the two papers?"—he said "Yes, I bought the business about two months ago"—with reference to the advertisements he said "We are carrying out the arrangements made with the person of whom I bought the business"—I understood him to say they were not inserting fresh or new advertisements—I asked his name, he said "Halley"—I was present when he answered to the summons at the Mansion House in the name of Edwards on 17th July—he was remanded till the 22nd on his own recognisances; then on the 22nd he was remanded again to the 29th; he then failed to surrender; a warrant was immediately issued for his apprehension; it was placed in my hands; I endeavoured to execute it; I never succeeded, but he surrendered on 22nd of March—after the 29th a warrant was placed in my hands for Wilkinson and Rideout's arrest—on 2nd August I arrested Wilkinson at Wimbledon, and on the 3rd he was brought up at the Mansion House and remanded on bail (two of 300l. each) till the 6th; he was then remanded till the 9th, when he failed to appear; a warrant was issued for his apprehension—I have never succeeded in finding him or Rideout.
Cross-examined. The prisoner said his name was Halley, and he practically said that the name of Lewis and Edwards were used before he had anything to do with the proprietorship; I understood there were no such persons, but that from the time he bought the place he was manager and proprietor—Wilkinson said he had got a power of attorney from Rideout, I never saw Rideout—I saw a good deal of property at the office, I could not say what it was, I understood the presents were taken possession of by the receiver in bankruptcy, and were not despatched—I saw a great many females packing up the presents—before I saw him he said there were so many letters, they could not answer them all at once—I saw a great number of letters.
Witnesses for the Defence.
ALICE SHOULS . I live at Lewisham—about February last year the prisoner engaged me as corresponding clerk to the Household Journal at 31, Bouverie Street, at 25s. a week; Rideout was the master there, the prisoner was clerk, Rawlinson paid my wages—from June to August there were a great many presents on the premises, and sent away, they were on the first floor and some on the second floor, where I wad—I saw gold watches, chains, lockets, bracelets, pins, rings; I don't know the material, the watches were gold as far as I could judge—I packed some of the most precious things in wooden boxes, and some in cardboard boxes, and sent them off to different addresses—the presents arrived in large cases, and we unpacked them, packed them up again, and addressed them, enclosing with them the receipts of the holders of the tickets—sometimes we packed a number of presents in one box for a family, their value would vary—I was employed in this unpacking and repacking from about 16th May until I left in August; I know a great many presents were sent away—I was occupied the whole time from May till I left in August in doing this, except the first part of the morning when the letters were being done—five persons were engaged in my room in this work besides myself, there were eight in the room at one part of the time, and my room was the smallest—these are specimens of the articles we sent off (produced)—before packing any quantity of boxes arrived at the premises about May.
Cross-examined. I see no specimens of the gold watches here, I could not tell how the watches came in, or where the presents came from—Rideout went to America in March or April, and the presents came soon after he came back—I saw the gold watches sometime in May, on the premises—I unpacked the watches out of the wooden cases they came in, they were not very big cases, such as jewellery is packed in; one of the watches was in the office from May till August, it kept good time, the others were not wound up—Rideout came back before the beginning of May, I saw him at the office constantly up to 16th May, and after that I did not see him at all—I knew Wilkinson, I was told he kept a shop for the sale of sham jewellery in Regent Street—I saw him at the office when Rideout was away, he acted then as master—I have been told that Wilkinson sold things of this description at his shop; I never applied to him for a gold ring for 3s.—the gold watches were the same as my gold watch—I never looked at the Household Journal prior to May, I was opening letters. I never had five minutes to spare, except three-quarters of an hour for lunch—the letters all contained subscriptions for the Household Journal—our usual staff in opening the letters was four—I was opening letters and
addressing wrappers—I cannot say if anybody answered the Bible question of who first slept on an iron bed, for which 150l. in money and 10 gold watches were given, answers came in to it—I never saw the Golden Argosy, I had nothing to do with it, I knew there were men writers upstairs on it—I did not hear of anybody in June or July calling at the office to inquire for the names of prize winners—I had no curiosity to inquire who had won the 1,000l. prize, I knew such a prize had been advertised, it was mentioned in some of the letters which came to us, also a prize of 500l.—I never wished to hear who had won it—I never saw or packed any tie pins—I saw this picture "The Wonders of the Deep"—they were not sent off from my room, nor were those writing slips, I don't know if many were sent off—a few of these studs were mixed up with the other things, there were not many of them, I suppose they look like gold, but some of the other things were very good—I did not know that the prisoner was going to appear at the Mansion House until afterwards; I did not see it in the paper next day, nor did I hear it in the office—I last saw him there on 28th July, he was then acting more as the principal—after Rideout went away he acted as principal—I had nothing to do with the correspondence after we began to pack the presents, except opening the letters—in June and July we received a great many letters of satisfaction, there were very few letters of complaint, and those we attended to as soon as we possibly could—the complaints were very few in comparison with the letters of satisfaction.
Re-examined. If the letter was a complaint of a present not having been sent, one would go immediately—the boxes came with two or three dozen watches in them—we took them out and packed them in separate boxes—I should say they were the same as these two produced—they were sent away as presents—I packed a great many of these gold and silver pencil-cases—many gross of these cardboard boxes in which the small portable articles were packed came in May—up to the time of Rideout going away for the second time Halley only acted as a mere clerk, and his position was in no way superior to that of Mr. Rawlinson—I packed three great piles of letters, thousands of them expressing satisfaction at the presents sent, and they were sent to Mr. Todd—we left when some one came in, from the Bankruptcy Court, I suppose—up to the time of Rideout going to America I had been paid my salary regularly every week by Rawlinson—there were a great number of competitors for the iron bed question—we had been sending presents up to the last day before I left.
(MR. AVORY here called a witness for the prosecution who had not been in attendance before.)
JOHN CHARLES AUSTIN. I am a messenger in Bankruptcy now acting for the Official Receiver—I took possession of 31, Bouverie Street and 13, Salisbury Square on 8th August—I took possession of all books and papers I found there and brought them away and they were deposited with the Official Receiver—afterwards all the books we received were handed to Mr. Todd—I only saw one ledger among them.
Cross-examined. I have not got the file of proceedings in Halley's bankruptcy—I noticed no packing-cases—I brought away an immense number of letters containing money—we brought away several baskets of letters—I cannot say that they had been opened—I don't know whether there were counterfoils of receipts—I don't know whether a large amount
of paper was sold—Mr. Todd could do what he pleased after he became trustee—I found a quantity of publications—there were files already labelled; we did not post them—there were thousands of the Golden Argosy—there were two pass-books.
J. F. WOOLMER (Re-examined by MR. AVORY). I produce a certified copy of Rideout's account at the City Bank up to May 8th—between December and 8th May something like 20,000l. was paid into the credit of that account.
Cross-examined. Thomas Smith, of Fleet Street, a publisher and advertising agent, introduced Rideout—the account begins on 17th December with the pavment of 150l.; 500l. was paid in on 6th May, and then on 8th May 880l. was transferred to Halley—Halley was the only person I saw at the bank to bring money to pay it in—he came regularly, as Rideout's clerk, to pay in.
ALICE CAVE . I live at 14, Bridge Road, Battersea—at the beginning of February last year I was engaged as a clerk at the Golden Argosy, Salisbury Square—Rideout was my master—Halley was head clerk until about the middle of May when I understood he was the principal—I had to open letters; I had nothing to do with packing presents—I saw the cases opened; they contained watches, bracelets, chains, rings, and all kinds of jewellery similar to these things—I saw no cardboard boxes—my wages were 1l. a week—I was on the second floor—the cases were opened in my room—I was paid regularly.
KATE CAVE . I live at 14, Bridge Road, W.—on 26th January, 1885, I was engaged as a copying clerk at the Golden Argosy at 14s. a week—I was there till the beginning of August—Mr. Rideout was my master up to the middle of May, and then the prisoner—I had to copy the names and terms from letters, make out receipts, and direct wrappers—I remember Rideout going to America; I believe it was in March—I heard Wilkinson was acting as master during his absence—I had no business with the packing of presents—I saw one deal packing-case full of keyless gold watches, bracelets, and brooches similar to these produced.
Cross-examined. There were receipt books; we entered on the counterfoil the name of the subscriber, we had nothing to do with those who sent the largest number of subscribers and I did not become acquainted with their names—there was no Mr. Lewis there.
Re-examined. When a person sent five subscriptions we entered those names he sent and then gave him some receipts for sending them, he would be a subscriber himself so that he would only get one copy of the paper—we took the names for the wrappers from the receipt books, as we wrote receipts we wrote the covers—it took a long time to write the covers, when we had finished those for January we had to begin again for February—25 or 30 young ladies were engaged in addressing wrappers—we worked very hard from 9 till 6—we had nothing to do with the Household Journal—the prisoner engaged me, he was the principal clerk at the time he did so, I heard that afterwards—I do not know if there was any book in which the names of the agents were entered.
ALICE SMITH . I was engaged as clerk to the Golden Argosy by Wilkinson for Rideout, who was my master, at 1l. a week—I went there on the 3rd January, 1885, and was there for eight months—I had to see the subscriptions properly entered and wrappers written—just before May several gross of small wooden boxes came to the office—I saw gold watches and
jewellery of all descriptions, each as these things and betterones—they were not sent off from our office, but sometimes a carman would bring a large case by accident and then they would be sent to Bouverie Street, where they were stored.
Cross-examined. I saw only one case unpacked at Salisbury Square—Wilkinson was our governor when Rideout was away, and after he came back Wilkinson was frequently there, I cannot say up to what date—Wilkinson engaged me at his shop, 135, Regent Street, on 31st December, the jewellery he sold there looked good, I never examined it.
Re-examined. It appeared an extremely nice, superior-looking shop, it was on the first floor, Wilkinson was a very nice gentleman—prior to May the prisoner was only doing clerk's duties; he received all instructions, the same as all of us, from Rideout, or from Wilkinson when he was acting for him—every complaint made by subscribers was given to me to attend to at once, and goods were brought to me to send if customers had not received presents—the cardboard boxes were there a long time before the time of sending off before the 15th March—directly the goods were there every effort was made to send away the presents—a large staff were employed, we were hard at work but it could not be done, we really endeavoured to send to those people who subscribed first, it was an immense amount of work—when there were many in a family persons could either have one good present or a number of smaller ones—when articles were damaged in post another of the same sort was supplied.
By AVORY. I went to Wilkinson because I saw an advertisement, Rideout actually engaged me—I was told I was selected out of 300 applicants because of the writing on my envelope.
ELLEN JACK . I live at 2, Lime Street, Camden Road—I answered an advertisement in the Daily Telegraph and was engaged by Rideout himself at Salisbury Square as clerk on the Golden Argosy—I had 12s. a week for the first fortnight and then 1l. a week—Rideout was my master—my work was to open letters, mark what they contained, and for how long a period the subscription was—I saw a number of cardboard boxes coming in before 15th March, many gross I should think—I had nothing to do with packing presents—I saw one case unpacked in the office, it contained watches, rings, pins, and all sorts of jewellery, all looking very good—after the presents had been dispatched letters came from people who had received them, some of them were opened by me, a great many expressed approval, some contained complaints, when that was so they were marked "complaint" and answered; if it was to say that they had not received a present, we sent one off, or if it was a complaint of damage we sent them a present of equal value—after Halley became the principal in the business he made every effort to satisfy the requirements of the subscribers—every effort was made that was possible.
Cross-examined. Every morning there were 100 letters with remittances inside—all my time was occupied in opening such letters, we put the money by till the end of the afternoon and then the prisoner banked it—we continued to receive money in this way till I left in August—I don't know how many subscribers there were, there were a great number—I saw nothing at all in the boxes before 15th March, they were all empty—the distribution was postponed for two months and then we had a further increase in the subscriptions.
Re-examined. I believe a great number of the letters containing money
which came in the last week, were returned—I saw no invitation to the public to send money after 23rd June, the advertisement was the same from January to May—I once or twice took the money to the City Bank, Ludgate Hill, and paid it into Rideout's account, Rideout was my employer at that time—I knew the prisoner had become proprietor by the common rumour in the office—up to May the prisoner had only acted as manager or chief clerk—the post-office orders were in Lewis's name, they were all paid into Rideout's account.
RICHARD CRAMER BRAY . I am clerk to Hill's the bankers—this is the pass-book of an account opened at their bank, Smithfield, on 7th May, 1885, by the prisoner—on 9th May this cheque was drawn for 25l. for salaries; on 22nd May, 66l. for salaries; 13th June, 25l.; 28th July, 140l. to Hazell and Co., the printers of the Golden Argosy; 29th July, 200l. for postage—there are two cheques for Hazell and Co., and one for Cook and Viney; there are two more salary cheques, one for 50l. and the other for 50l. 11s. 6d.—on 7th of June and 7th and 18th July, salaries 100l.; on 14th July, 20l. for postage; then there are two in favour of Mr. Todd in July for six guineas—then there is one on 14th May with an alteration from "order" to "bearer," initialled by Halley, enabling Rideout to take the 1,000l.—on 22nd and 26th May, pay 2nd prize or bearer 500l. and pay Wesson 200l., and the balance was obliterated by a cheque to Rawlinson of 4l. 2s. 1d.—the cheque for the Bible competition, 150l., was paid on the 23rd—the pass-books are written from the cheques, not the ledgers—there certainly was a cheque for the Bible competition and that cheque closed the account—no claim has been made to us in respect to the Bible competition.
Cross-examined. The Bible competition cheque may have been to "bearer," and may have been cashed over the counter, and the man who drew the cheque may have cashed it and taken the money away, there is no reason why it should not have reached any other person than Halley—the 1,000l. cheque was cashed over the counter, it was initialed by the prisoner payable to "bearer"—the cheque for 500l" pay second prize "has been altered to "bearer "with the prisoner's initials, that was paid over the counter to the prisoner himself to the best of my belief—this third cheque for 200l. on 26th May for the third prize was paid over the counter, having also been altered to "bearer" after being drawn to Wesson—I did not know that the prisoner had an account at the City Bank as well.
Re-examined. I know the difference between the prisoner and Rawlinson, I could not swear it was Rawlinson who drew the 500l., there is no doubt about the existence of the Bible competition cheque, it must have been seen by the receiver and trustee or our account would not have been checked as correct.
ARTHUR EVANS RAWLINSON . I first became connected with the Golden Argosy and Household Journal on 6th or 7th February—I was at the Household Journal office, and went to the Golden Argosy for Mr. Rideout, to learn how they opened letters and did their business—from 1869 to May, 1876, I was with a large firm of accountants, Chadwick, Adams, and Co., and after that I was with my cousin, a large distiller in Charterhouse Street, but when he retired I was seeking a situation, and I used to travel in the same carriage from Wimbledon with Rideout and Wilkinson, who lived together there—I knew Wilkinson because my brother was his manager
in Regent Street, that was a thoroughly genuine bond fide business, his jewellery is not supposed to be 18 carat hall marked, it is marked what it is—I was offered a situation at 3l. a week to start with, as cashier to the Household Journal, an exactly a similar position to the prisoner's, who had been two years with my cousin—his being there was partly why I accepted—the prisoner did not have the same wages as I had, I would not go for less—Rideout made the engagement with me, the prisoner was there partly through my brother's introduction, he is I believe a nephew or cousin of the late Mr. Alderman Figgins—I spent a fortnight or three weeks in seeing the method of the business, I certainly thought it was possible to carry out the system, and every day I thought it was more possible because I saw the enormous amount of subscriptions coming in—I was at the Golden Argosy rooms at Salisbury Square then, the Bouverie Street office had not been taken—after a fortnight I began my duties, I banked the cash every day at Hill's bank, where Rideout kept an account—I did not see Rideout's pass book after about 8th or 9th May, he came to the office one day and asked me for it and took it away; and I have not seen it since; he also took his cash book, I opened a new one for the prisoner—Rideout said he had ordered empty cardboard boxes and they were being delivered there, there was no room for them till we took them to the first floor at Bouverie Street—the presents came in in bulk, the distribution for the journal was not to take place before June, and the presents came in about then, things came after Rideout left, from America I believe—Wilkinson acted under a power of attorney for Rideout—when he went to America Rideout told me I was to look after the business, he left about 1st March—400l. or 500l. worth of goods ordered and paid for by Rideout came from Wilkinson's, some real gold watches value 35s. to 2l. 2s. were sent away, they were nine carat gold hall marked, over 80 of them were sent away I know—the brooches and things came from Veit and Co. opposite Ely Place, they are large importers of American and Swiss watches—a very large quantity of real silver bracelets, a large number of paste diamond earrings with 15 or 18 carat gold settings, and silver settings, of the value of 8s. or 10s. a pair, really good-looking articles, which a great many people would wear and not be detected, and silver pencil cases from Veit's and other people were sent off; they were supplied and paid for by Rideout—many of these sums were cabled to America for that purpose—my belief is that the 1,000l. on 7th January was for goods—the 2,000l. on 24th February was for America; all the large sums were sent to America, I had nothing over 500l. or 600l.—I gave receipts for ordinary bills, the receiver had them—the cash book was kept properly and balanced each day; Rideout took it away—at the end the money came so quickly we could not enter it, there were 1,500 letters a day for a fortnight—this cash book was started on 1st May—Rideout had not informed me that the prisoner would be the proprietor—he asked me to buy the business before, and I almost consented, and then the matter dropped, and he informed me on 1st May that the prisoner had—most of the plates for the woodcuts of the Household Journal came from America—the proof sheets were sent to the office for correction by Mr. Harris, the editor—after the prisoner became proprietor he continued to keep the Household Journal account at Hill's bank, and the Golden Argosy account at the City Bank—the 611l. 14s. 5d. transferred from Rideout at the City
Bank was a cash payment; the account was opened by a payment—I was there up to the Receiver coming in—the prisoner conducted the business in exactly the same way Rideout had; I got the cash and told him what I wanted—the initials on the cheques for presents I don't know—Rideout had no control over the bank then—the "E. G. R." looks like the prisoner's writing—Rideout told me to draw the three cheques, and I drew them for 1,000l., 500l., and 200l., and I was to date them according to the dates of the letters which he gave me; those cheques were for the prizes—Rideout first told me to draw the two cheques for 1,000l. and 500l., and I drew them at the same time—I then took them over to the prisoner's office and left them there, and I did not see them again till they came back with the pass book—Rideout told me how to date them—I drew the one for 200l. about three days afterwards—Rideout gave me the name of Wesson—almost immediately after I had drawn the first two cheques Rideout gave me the names of the first and second prize winners—I had no special directions to write this letter of 7th July—I had the names in my cash book; Rideout had supplied me with the names and addresses before he went away—I cannot say I had no suspicion before 15th July that Rideout had not sent off the first three prizes; I said I hoped Rideout was acting honourably—it made me more anxious when Child came to the office on 23rd June; I supplied the names without referring to the prisoner—there were only old advertisements after Child came, the prisoner said he could not stop the others, because they were in the hands of country agents; we tried to—no new ones were put out by the prisoner after I had suspicion—I have no doubt, because I am confident in the prisoner, that money was paid for prizes in the Bible competition—as regards the cheque for 52l. 8s. 2d., which closes the account with Hill's, I went round to Viney to pay the money into the London and County Bank for the benefit of the creditors; the money was drawn out and applied in that way by me—the prisoner had left several blank cheques, and I used one in that way after he went to America—we should begin to send out the Journal about the 8th of each month—I drew the previous cheque for postage, but we did not send out the August number—the number for May would be in the printer's hands by 9th April—the prisoner, to my knowledge, drew nothing out except his 3l. a week—I know nothing about the other banking account—with the staff I had it would take all the month to write the names and addresses on the wrappers—I had 21 men and the ladies; they were occupied in entering new subscriptions as well—I know nothing about the Golden Argosy except that it was going on in America as well, and that the whole letterpress of it was electro-plated and sent over here.
Cross-examined. The Household Journal was all composed and printed here and the advertisements relating to it in the Journal; the proofs of those were sent into the office—Mr. Harris would supervise them—he is not here—Rideout pent the manuscript of the advertisements—we used to have a couple of hours' talk with him and then he would set to work—I saw him going over the manuscript—I knew the Golden Argosy had announced the distribution of prizes for 16th March—I went to the Golden Argosy office before the Household Journal was started—I knew about a week before the first number appeared—it was started on the same footing, with a distribution of prizes to start with—I was rather surprised at the announcement about postage; I thought they had made quite
enough profit and they might do without it—I told Rideout at the time, but he said it would ruin him if he did not have it; that it was only an average—it was just alter that the money was coming in so fast we could not enter it—in the same number in which that appeared renewals of subscriptions were asked for and promises given of further receipts—we afterwards got a greater influx of subscribers—I believe there were one or two inquiries at the office as to who the prize winners were—I never heard who they were—that was the first letter of the kind I had written—I said afterwards I did not know whether it was a proper thing for me to do—I had instructions to open all letters that came to the office unless marked "private"—I supervised the lady clerks—I knew Best and Pitts had been to the office asking names of prize winners before that—I had given instructions that they were not to be told unless they asked in writing—I told Halley that solicitors had been there inquiring as to the names of the three prize winners, and he said "They had better write"—he had seen the names when Rideout gave them to me and knew I had them in my desk—I have not got that paper now—I wrote the names and addresses on it of the three prize winners at Rideout's dictation at the beginning of May—I don't remember consulting the prisoner about it; I won't swear I did not; it was only a matter of him saying "Yes" or "No"—I believed the statement contained in the letter was true, that they had been twice to the office and Edwards had been refused to them—I gave general instructions that if they asked to see Edwards they could not see him, because he was not there—Edwards was the name given in the advertisement—I gave those instructions on my own responsibility, I being only a clerk—I took Rideout for Edwards originally—I knew he was in America—I did not know who was Edwards after he went away—I knew Halley had bought the business—there never was any Edwards, to my knowledge—there were ledgers in the office in which the names of all subscribers were entered, with the names of the agents; they were kept by Carr—he and some one else were specially employed to keep them—those books would have been accessible to me, but I had too much work to do—I never had the curiosity to look and see who were entitled to the chief prizes—I asked Rideout who won the first prize and he told me—I never asked Carr—I had not got the books at the beginning of May, when I had the name of Wesson—Rideout had them; he took them to America to work out the big prizes, the other ones being worked out by the receipts more easily—he was supposed to supply all the first lot of prizes that appeared in the paper—Halley could have looked at the books—I should say now that these men were not entitled to the prizes; I had that suspicion when the case was first initiated, at the beginning of June, because Rideout had gone away and we did not receive presents that I thought were compatible with his promises—these oleographs came over about the beginning of June, and I thought they were not the proper things—we did not Begin to unpack till then—the transfer of the business was at the beginning of May, but we received those things about the beginning of June—I never thought financially of buying the business; I should have expected to get it for nothing with the responsibility of the business on my shoulders—I should have got partners with capital before I took it; I should have gone into it—I thought the thing was a bond fide affair and could be worked in a bond fide manner and would make a big fortune—I
should have dropped the Journal and carried on the Golden Argosy, as that was far the better property—I knew the clerks were upstairs—I never asked a word about the Golden Argosy prizes—the whole of this cheque for 200l. to Wesson is the prisoner's writing—I last saw Rideout three or four days before Wilkinson absconded; as late as the 5th or 6th of August—I came down in the same train with Wilkinson—Rideout was living in the same house with Wilkinson at Wimbledon to within a day or two of the time Wilkinson was arrested—they were old friends in America—Rideout came back from America some time in July—thought Rideout wan not acting honourably by the prisoner, but I hoped to the last it would turn out right—I thought I was bound in my honour not to give information that Rideout was living at Wimbledon, even when the prisoner was standing in peril at the Mansion House, because Rideout knew it—I thought the prisoner would get off, although in June I had a suspicion that Rideout was fraudulent—I saw Rideout at the office several days after the agreement was executed on 6th May, when Halley became principal and proprietor—Rideout said he was going to find first two prizes as per his agreement with the prisoner, and asked me to write the two cheques out fur 500l. and 200l., and they were handed to Halley—I didn't know the account was transferred till a long time afterwards—I did not know at that time the prisoner had taken over the account—there was 4,000l. at Hill's on 1st March; it was transferred—on the 6th, 3,000l. was drawn out—the prisoner's account did not commence till the 6th—the cheques came out of the prisoner's account—I cashed none of the cheques; I have cashed nothing above 100l. or so for salaries—I put Wesson's name on the cheque because I was told to—I post-dated it because I thought he had made an arrangement to pay him on a certain date—I carried out his instructions; I did not know he had ceased to be my master—this was prior to the 6th, when I first knew the business was transferred—prior to the 6th I drew three cheques for the three chief prizes, they were not paid—the counterfoil of the cheque-book will tell when they were drawn; they must have been drawn after 15th May—this cheque was drawn before the 22nd—I cannot swear it was not drawn on the 26th; that was long after Rideout had gone away—I had the names given to me at the time—I think the cheque was drawn on 26th May—I have had so many complications over this thing I have forgotten half of it—the second prize of 500l. was drawn between the 13th and 22nd—I should say the 1,000l. cheque was drawn by the prisoner—I put the 12th of the month on the counterfoil—I put "Wm. Morris" on the counterfoil for my own guidance when I was checking the pass-book, as I believed he had 1,000l.; I doubted it when Child came on 23rd June—I believed I filled in "Morris" some time in June, when checking the pass-book—I should not like to swear it was not in July; it was not after July—"First prize" is in my writing; it was entered in my cash-book "First prize"—I knew nothing of the cheque for 300l. drawn at the City Bank on 28th July—I did not see him after the 27th—he never told me he was going away—when the prisoner took the business Beesley was a clerk and he took the position the prisoner had held—we drew the money out for these two cheques for 100l. and paid it into the bank—Hazell, Watson, and Viney went with me—Hazell, Watson, and Viney refused to print the paper, but their head man (who had set up for himself)
did it—they made inquiries at the office; I gave them all particulars I had at the time—I should have given them the three names if I had them—they printed the June number—I don't think the three names had anything to do with their refusal to print—they hinted something before about not printing it—Wilkinson sold a mixture of imitation and real jewellery—the imitation was worth the money—he advertised in our paper every month—I have one on now of his imitation gold watches with albert and pendant for a sovereign.
Re-examined. As soon as I began to pay in I knew that the account at Hill's had been transferred to the prisoner, that was about 8th May—between 1st May and the time the prisoner began to draw Rideout had drawn out one cheque of 200l., that was on 1st May, that was the only real one—I find in the counterfoil book a trace of an arrangement by which 3,500l. were to be drawn out from Hill's account—before the prisoner had any right to draw on it all, Rideout got out the sum of 3,500l. on 7th May for the purpose of buying presents, that was part of the payment the prisoner made, and in that way the banking account was diminished by 3,500l.—the prisoner had no power to draw cheques till 8th May—30 or 40 crates of stuff arrived, sent by Rideout a little before the 3,600l. was drawn out or between that and 15th May—I have an idea I did not date the cheque for the second prize the day I drew it—Rideout instructed me how to draw the cheques, and prior to those instructions Rideout had taken away the books—I did not see any of them—if I had succeeded Rideout I should have taken care to make arrangements for meeting the promises as to presents—Rideout told me and I believed that he had provided money for the three large money prizes—the refusal to print was about the time of the prisoner's first appearance at the Mansion House—until the prisoner was proved guilty I did not think it necessary for me to tell the police that Rideout was at Wimbledon—I was not sure myself whether there was anything in the case—I heard of Tit Bits when Messrs. Best and Pitts and North came to see me, that was before I wrote and sent the names—the prisoner has borne a very high character—my cousin was very pleased with him and sorry to part with him when he gave up business—the prisoner went to America without saying where he was going, I should have advised him to stop—directly he had gone I thought I had better draw out the balance for the benefit of the creditors under the words "postage" and "wages"—out of the 200l. cheque 172l. 8s. 1d., after paying salaries, was left unapplied because the journal was not posted, and that I put with the other and paid it into the account, which was afterwards put in by the Receiver—I did not get the 200l. he left in the other bank; Beesley met Mr. Viney and took it round, I left to go into the country and did not see it—I have an entry of its actually going to the Receiver—I kept the books without reference to Rideout—probably I should have asked the prisoner before sending the names to Best and Pitts, I cannot say if I did.
MR. COLLINGRIDGE. I am one of the firm of "W. H. and L. Collingridge of Aldersgate Street—we are the proprietors of the City Press and have a general printing business—we were employed by Rideout to print the Golden Argosy from the first—the prints and letterpress were sent over in electrotype to this country and we blocked it—in every case I believe the whole of the paper was printed, from electro plates, it being cheaper to
print in England—I believe it had an American circulation as well—the numbers we printed varied, they were careful as to the numbers they ordered, and would give a second and third order—where Americanisms were used we would plug them out of the electro and put it correctly—we printed considerably in advance of the time for publication, very likely we should be printing the July number in May—when printed we delivered to the Argosy offices—we were paid regularly—my attention was drawn generally to the scheme by which to raise a large circulation for a new publication, I should think it would be somebody's fault if it did not continue if the literary matter were kept up—it would be a great advantage to start with 100,000 or 200,000 subscribers; I believe the promises could be fulfilled and that this system would be a splendid policy—I had nothing to with the Household Journal—I cannot say the first number which I charged the prisoner for, he continued to employ us—Rideout wrote informing us of the change and then the orders came from the prisoner—the electros continued to be sent in the usual way—the prisoner paid us promptly from beginning to end—he is related to the late Alderman Figgins and has borne the character of being honest and straightforward up to the present moment, that is his general reputation.
Cross-examined. I knew him before he went into this business, and apart from this paper; we made inquiries—I think we should have gone on printing if we had not been paid with great promptitude—we had references about Rideout when we undertook the printing.
WILLIAM SKINNER . I am a fancy box-maker in the Barbican, formerly in White Cross Street—on 28th May, 1885, I received an order for 90,000 small cardboard boxes, which I delivered at the Household Journal office—I debited Halley with the amount, 90l., and he paid me.
Cross-examined. There was nothing in them when I supplied them.
FREDERICK DUNCAN . I am a general assistant at Veit and Co.'s, wholesale importers from America, at Bartlett's Buildings, Holborn Circus—on 11th or 12th May, 1885, I believe Mr. Veit received an order for bracelets, solitaires, necklaces, and studs, which we supplied to the Household Journal; our invoice was for 63l.—on 15th June half a dozen low gold watches at 19s., half a dozen 14-carat gold watches at 28s., and one 14-carat half-hunter keyless at 57s. were supplied—on July 3rd we supplied 12 pencils and toothpicks and a dozen pens and pencils of a larger size, and 48 low gold watches—on July 16th 12 low gold watches at 19s., one dozen pencils, silver and aluminium; and on July 23rd four dozen silver pencils at 13s. 6d. per dozen; that was all—I believe Rideout gave the first order, I don't know who gave the others; I was given to understand Rideout bought the goods—I have never seen the prisoner at our premises—the goods were bought from samples; they have all been paid for.
Cross-examined. The first watches were supplied on 15th June—one of these watches is a 19s. one, and the other a 28s.
Re-examined. We left samples for Rideout to select from—we first called about a week before May 12th; it might have been April 30th or May 1st—the goods supplied were paid for by Halley and Rideout—we supplied the watches a dozen in each box.
A. E. RAWLINSON (Re-examined). We had something like 90,000 of these long cardboard boxes for pins or studs or stylographic pens—I had nothing to do with the first order to Skinner; I paid him 6l. on 6th
June—other people supplied us with wooden boxes—wood and other boxes were ordered from other people as early as 6th March—Skinner only made the cardboard ones.
JAMES EDWIN BEASLEY . I am a manufacturing chemist—I accepted employment on the Golden Argosy on 16th February, 1885, having seen an advertisement in a paper and applied to Rideout—he engaged me as chief corresponding clerk at 3l. a week—I was there till the transfer of the business, answering letters and attending to general business—I had the privilege of answering for the Golden Argosy Company—when Rideout went to America he introduced Wilkinson to me as his attorney, and said he gave him full power to act during his absence—Wilkinson directed matters during his absence—I next saw Rideout at the end of May or beginning of June—until that time I looked on the prisoner as chief clerk, exercising no control over the management in any way—on 16th May I heard of the account of the Golden Argosy being kept at the City Bank, and that of the Household Journal at Hill and Son's—I know nothing of Rideout's account being transferred over—until 16th May I had no knowledge that Halley had any right to sign cheques on the City Bank; on that day he took me into his confidence and said he was going to take up a different position—I then took up the position he had held—I had seen on the premises a great number of boxes before 6th May; I don't know if presents had been sent away at that time from the office—the prisoner conducted the business in the same way from the time he was there; he did not do so until 16th May to my knowledge—I banked the moneys for the Golden Argosy at the City Bank to the account of the prisoner; he had proper cash books similar to these; they are in my writing entirely, and show the coming in and disposition of the moneys—the bankers' pass-book was checked from time to time—I don't think 250,000 were sent out in a week—I had not the remotest idea that there was anything fraudulent in the system or anything of that kind till Inspector Child came there on 23rd June—I did not know Halley was going away; when he did so there was more than 200l. at the City Bank—the money left in the cashbox went into the ordinary business, the other money I drew out in two cheques of 100l. each, leaving about 46l.—we paid the necessary expenses of the business and the balance was paid into the account of Wallace—that was after Child had come and said the prisoner had not surrendered, and made the money safe for the creditors—243l. was left when the prisoner went on the 29th—I do not know how much was in the cashbox—on the 28th he had the control of the major part of 700l. which he could have drawn out.
Cross-examined. He drew out 300l. on the 28th, and left 240l. in the City Bank, which I drew out in two cheques payable to myself—after paying salaries I paid in 219l. 7s. to the account for the benefit of the creditors—315l. all told had been left in the bank—I had no reason to think my chief was doing anything but what was perfectly honourable—I had seen no one receive this 200l., and did not know if it had been paid; I never inquired if any one had had it.
Re-examined. Rideout went away with the ledgers—he did not tell me if he had sent out the prizes, and I did not ask him—he acted in every way as the prisoner did.
A. E. RAWLINSON (Re-examined by MR. AVORY). This letter, addressed to A. W. Snow, and dated 22nd May, is in my writing.
Saturday, May 8th.
A. E. RAWLINSON (Continued). I wrote this letter of May 22nd. (To Mr. A. W. Snow, dating that he had obtained the second prize of 500l. for introducing new subscribers to the Household Journal, and requesting him to call for it. Signed, H. E. Edwards, Manager.) I never saw a person named Edwards; Mr. Halley ordered me to sign that name—I got Mr. Snow's name from the list which was made from the books—I also wrote this letter by Halley's directions. (To Mr. Wm. Morris, informing him he had obtained the first prize of 1,000l. for introducing new subscribers to the Household Journal, and requesting him to call. Signed, H. E. Edwards, Manager.) I never saw Mr. Morris call for his 1,000l.—I also wrote this letter by Halley's directions. (To Mr. D. L. Wesson, Glasgow, informing him that he had obtained the third prize, 200l., and requesting him to call.) I never saw him call.
Cross-examined. Edwards was the name Mr. Rideout put forward—I never said that I was the one or the other—up to the time of the transfer of the banking account Halley never answered to the name of Edwards—I find in the letter-book a number of letters written by me in Mr. Rideout's time and signed Edwards—this is one of them, dated April 7, on which date Halley was a clerk and no more—he only said to me "Write these letters"—I had such confidence in Mr. Rideout that if I had been the purchaser I should have taken him at his word—this is the counterfoil of the cheque-book of the City Bank, which Rideout was using as Hill and Rideout—this is from the commencement of Hill's account and up to the date when the other begins—Mr. Rideout had the pass-book; he asked me for it; he was entitled to his own account—I find 3,500l. in the old cash-book in Rideout's time credited to him in my writing—I did not find out that the date of the transfer was to be May 1, till May 7—I had then entered the 3,500l. in the old cash-book, but I afterwards copied it into the new cash-book—I have now put a pin in the counterfoil-book where the cheques drawn on Mr. Rideout's account begin; all subsequent to that are Halley's, but Halley's account commenced before that—I drew the body of these three cheques before Mr. Rideout went away—owing to the position of the counterfoil, I can only fix the date by the dates of the two cheques between, it might be the 13th or 14th, most likely the 13th of May—this is the cheque, it was post-dated to the 22nd by Mr. Rideout's directions—he said that he was going to pay these prizes—the third cheque was drawn on the 26th and handed to Mr. Halley by Mr. Rideout—he went away in May and came back in July and went away again to Paris about 23rd or 24th July, and never came back—after writing the letters which are in the letter-book I addressed the envelopes and they went by post, but the cheques were not put inside—I believed that Mr. Rideout would provide the money when the persons called—it was stated by Hill and Rideout that Mr. Rideout was going to meet the prize payments—the pass-book is a continuation of an old one bringing forward 600l. balance from Mr. Rideout's account—the first cheque he signed is where the pin is put—I never saw the cheque afterwards till it came back in the pass-book—Mr. Rideout may have had a private account at Messrs. Ransom and Bouverie's, he told me he was going to pay money in there, but I never saw any cheques—the cost of cableing to America is to send direct through the American Exchange; that applies to all cheques of 1,000l.
and upwards—I cannot tell you why the letter was not written till the 28th though the cheque was drawn on the 7th and actually paid by the bankers on the 14th—Mr. Rideout was then helping Halley, who did not know anything about the business—it was written by Halley's special direction—Rideout was not in the office—here is "Return to the bearer, G. A."; those are Halley's initials—they would not have cashed it without that—I am sure this is one of the three cheques sent from the Argosy office.
By the COURT. The cheque for 200l. is dated May 26 and the letter is written on the 26th.
GUILTY of conspiracy only.— Judgment respited.
NEW COURT.—Thursday, May 6th, 1886.
Before Mr. Recorder.
MR. POLAND Prosecuted; and MR. GEOGHEGAN Defended.
GUILTY He received a good character.—Recommended to mercy by the Jury on account of his character.— . Six Months' Hard Labour.
for the case of C. R. Blackman tried this day see Essex Cases.
OLD COURT.—Friday, May 7th, 1886.
Before Lord Chief Justice Coleridge.
MESSRS. POLAND and GILL Prosecuted; MR. GLADSTONE Defended.
ELLEN HIBBERD . I live at 45, Bookham Street, Shoreditch—the deceased Henry Hibberd was my husband; he was 55 years of age—he was assistant at a wholesale druggist's—up to 26th March he was in his usual health—on Friday he became poorly, and on Saturday he remained in bed—he did not sleep well in consequence of his complaining of illness—I went to Dr. Money's dispensary—I saw the prisoner there; I told him that my husband complained of pains in the back and shoulders—he said from that he should think he was suffering from inflammation of the kidneys and liver (he had seen my husband before, some time last year, and had prescribed for him)—he gave me a bottle of medicine to take home—I gave it to my husband, but he got no better, and on Sunday, the 28th, I sent my son to the dispensary—he brought back
another bottle of medicine, which I also gave my husband—on the Monday he got worse and I sent for Dr. Money to call—I thought the prisoner was Dr. Money—the prisoner came at dinner-time and saw my husband; he said, "Old gentleman, you are very ill;" he said, "I am, the medicine is not doing me any good"—the prisoner asked to see the bottle; my son gave it to him; he looked at it, took a paper out of his pocket, and said "Yes, I have left one thing out"—he then examined my husband and put something which I have since heard called a stethoscope to his heart, and he said "You can't sleep?" and he asked him if he could see any dark objects coming before him—my husband said he could not sleep soundly, but he did not see anything like that, meaning dark objects—it was principally the church he was thinking of when he was rambling (he was beadle at Hoxton Church)—the prisoner said "If you could get sleep you would be better; I will make you up a draught: you get half a pint of the best stout and divide that in two, and the draught in two," and I was to give him a half as soon as I received the draught and the other half in two or three hours; if that did not produce sleep he said he would call and see him in the evening—I was to call at the surgery for the medicine in an hour and a half or two hours—I did call; I did not see the prisoner; a little girl gave me the medicine—I don't remember whether it was wrapped up in paper—this is the bottle (produced), it was about half full when I got it—I did not notice the label at all—I can read—when I got home, about half-past three, I gave my husband half of it in half of the stout—it did not produce sleep, and about six in the evening I gave him the other half in stout in the same way—I did not look at the label then—after that he went to sleep—soon after he had gone to sleep my son came in and noticed his appearance and he went and brought Dr. Money—that was nearly half-past six—my husband never spoke again; he died about a quarter-past eight—Dr. Money came himself; that was the first time I had seen him—next Tuesday morning I saw the prisoner at the surgery—he said, "What have you been doing, Mrs. Hibberd?"—I said, "I have done just what you told me to do;" he said, "Yes, I admit I told you to do so, but in going home I thought he might require a third draught," and he had put in three draughts—he asked me if I had read the label; I said "No"—I asked him for the certificate—when Dr. Money came he took the bottle away with him.
Cross-examined. The prisoner had never come to see my husband at home before—he prescribed for him two or three times last year for irritation of the stomach; he complained then of pain between the shoulders, nothing else—I don't remember telling him that he was unconscious and wandering; I won't say I did not—when the prisoner saw him on this occasion he had been slightly wandering at times on the Sunday—he slept a little on the Sunday night—he had a little boiled mutton for dinner on Sunday—he had been 27 years in the employ of Barrow and Co., wholesale druggists—he had nothing to do with the drugs, he was in the rhubarb department; he had not to lift heavy weights—the prisoner remained with him about five minutes on the Monday: he was in bed; I think he examined his back—when I fetched the medicine I did not think it necessary to read the label; the prisoner had told me particularly to divide the draught into two and the stout in two, and I took up the bottle and poured the half out into the stout
to the best of my belief—he told me to give the second half in between two and three hours—I don't think I could have been mistaken—I never read the directions on the bottle; Dr. Money read it when he took it away—my husband had never complained of pain in the chest or in the region of the heart; he had never been ill a day in his life, not to lay up—he never complained of any shortness of breath, nothing particular, nothing to mention.
Re-examined. I did not try to read the writing—I wear spectacles; I cannot read without them; I could see how to give the half of the bottle without my glasses; I divided it in halves by my eyesight—I did not think to read the label; I have never had much to do with medicine.
GEORGE COLLIER . As Coroner I held the inquest in this case—the defendant was summoned as a witness—I called him and he was sworn in the ordinary way—I took down his evidence and he signed it; it was not read over to him—this is it. (Read: "Absalom William Head, duly sworn: I reside at 29, East Road—I have no medical qualification—I have been assistant to Mr. Money thirteen months—it is a dispensary; a doctor attends there every day and sees the patients—the hours of attendance are from 12 to 1 p.m. and from 6 to 10.30 p.m.—Mr. Money sees all the serious cases—he lives at 32, Tachbrook Street, Pimlico—I attended the deceased; I first saw him on Monday, the 29th—he was delirious—the label on the bottle produced is my handwriting—I gave Mrs. Hibberd directions to give half the draught at once and the other half in four hours, if sleep was not produced—I did not tell her there were three doses, as I did not see her; the label states 'one-third part to be given every four hours, if sleep is not produced'—I put three ounces in it; I had no three-ounce bottle by me and I put the medicine into a six-ounce bottle—Mr. Money took the bottle away—I told Mrs. Hibberd to give half the medicine at once and the other half in four hours—I did not tell Mrs. Hibberd I had left something out.")
FRANK JOHN MONEY . I live at 32, Tachbrook Street, Pimlico—I am a M.R.C.S.—I have a dispensary at 29, East Road, Shoreditch—the prisoner has been my assistant there about 13 or 14 months—he has not passed any examination to my knowledge—in my absence he was in the habit of prescribing for patients—on Monday, 29th March, I was sent for to see Mr. Hibberd; I got there a little before 7 p.m.; I found him unconscious, breathing in deep gasps, at long intervals—the pupils of his eyes were very much contracted; he was in a state of deep coma—his heart was beating tumultuously—he was perhaps nearly half a minute between the gasps, that would indicate that something had interfered with the excitability of the respiratory centre in the brain—I was not able to do anything for him, I considered it a hopeless case—I asked Mrs. Hibberd for the bottle, and she handed me the bottle produced—it was empty—I read the label out loud; it is in the defendant's writing—I remained perhaps a quarter of an hour or twenty minutes—I did not see him alive again; I heard of his death within an hour—I was present at the post-mortem examination, on Saturday, 3rd April, by Mr. Phillips—the defendant was present—I gave it as my opinion that he died from the effects of a narcotic poison on his brain—these prescriptions (produced) are the prisoner's writing; they are dated 17th August, 27th August repeated, and 18th September repeated—that of 27th and 28th March is my writing; that is a sleeping draught, it contains a drachm of chloral
hydrate, a sixth part three times a day—on 29th March there is a fresh prescription, that is one drachm of chloral hydrate—this has evidently been changed from one and a half to one; that is the prisoner's writing; the other ingredient is one drachm and a half of bromide of potassium, and one drachm of solution of morphia, that is much weaker than Batley's solution of opium—this one drachm represents half a grain of muriate of morphia—the next ingredient is tincture of capsicum, cayenne pepper—that is a stimulant for the stomach, not affecting the nerves; that is to be in three ounces of water—three ounces would make half of this bottle—if half that mixture had been given at a quarter-past three, and the other half at six, I should not have thought that would account for the state in which I found the deceased at seven, but I suppose it did—I should not think a medicine of that kind would act more powerfully on a man with such a state of heart as I saw—I have not admitted that there was any disease—the muscular walls of the heart, in my opinion, were weak, flabby, and somewhat thin; they did not stick out as they should do in their normal condition—I am very doubtful indeed whether the heart was more flabby or flat; that might be expected from the considerable decomposition that had taken place—I did not examine the heart by the microscope, and cannot speak positively as to whether there was fatty degeneration of the heart—it would require caution in giving medicine of this kind to a person suffering from heart disease; if there was heart disease at all here, I don't think it was that sort of disease that would forbid the use of such a draught as this—in my judgment there was no increase of size whatever in the heart, consequently there could have been no increase of size discovered by percussion; the heart was not weighed, therefore I cannot speak by the card—if it existed during life, it would show itself merely by a weakened impulse; I should say it could not be discovered by auscultation, not with certainty—before giving a narcotic of this kind it would be an act of necessary prudence to examine and see whether the heart was diseased; if it was discovered that the heart was diseased even to a small extent, in my opinion circumstances might warrant the use of such medicine—if divided into three, and a third taken every four hours, in my judgment it would not be in the least a dangerous administration—if the heart was found to be diseased, I should say yes, but I do not admit that it was diseased—assuming that the heart on the Monday was as I saw it on the Saturday, I don't admit that the dose would have been an imprudent one; if I did say so, that was not my meaning—I was bothered—I do not agree that this was an improper dose—supposing half the mixture given to a man without heart disease, and the other half in two or three hours if he did not sleep, I should not think that would be a dangerous administration, I should not mind taking it myself—I have often given it; it is a full narcotic, but not a dangerous one—much larger doses are recommended on authority—the danger of a narcotic is in many instances more dependent upon giving the doses too rapidly, than upon the actual dose given—I expressed my opinion at the post-mortem that the heart was weak and flabby, and that there was the commencement probably of fatty degeneration.
Cross-examined. The heart was not weighed—a combination of chloral and morphia is used by the profession—it is most difficult to find out slight disease of the heart previous to death—I know no means of finding
it out—it is impossible for me to give a professional opinion from the post-mortem, whether the deceased had been suffering from delirium tremens; he seemed to have been the subject of continued indigestion—from the examination of the stomach there were all the symptoms of his having suffered from drink—the prescriptions that have been produced are such as would be prescribed for delirium tremens—I presume that some symptoms, the result of drink, ware mentioned, otherwise this combination would hardly have been prescribed on 17th August—the prescription is: chloral one drachm, bromide of potassium two drachms, one drachm of tincture of digitalis and chloroform, water six ounces; one-sixth part three times a day—that leads me to the conclusion that something of the sort had been complained of—digitalis is given for everything—I think the kidneys and liver were beginning to show signs of drink—the liver was not a drunkard's liver at all; it was only very slightly, if at all—if the heart was originally healthy, I should expect to find it flabby four or five days after death, with the body in a decomposed state—before I took the prisoner as an assistant I had testimonials from those who had employed him, and I have not had a single complaint from any of my patients.
By the JURY. If the wife gave one dose first, and then two doses together afterwards, I think that would be dangerous.
ELLEN HIBBERD (Re-examined). My husband would go and have a glass of an evening, but not in the day that I was aware of—he never omitted one half-hour from his employ while he was there—he was always punctually home at five minutes after eight, and he never came home drunk—he never suffered from delirium tremens.
GEORGE BAXTER PHILLIPS . I live at 2, Spital Square—I am a M.R.C.S. and of the Apothecaries' Company—I have been 25 years in practice, and am Divisional Surgeon to the H division of police—I was requested by the Coroner to make the post-mortem examination in this case—Mr. Money and the prisoner were present at the time—the vessels generally were loaded with blood, most notably those of the brain and lungs—the heart was large, flabby, and dilated—the ventricles were dilated, and the walls thereof thin—the stomach was large, and that of a dyspeptic; the mucous membrane was thin, and the sub-mucous membrane thick; the liver was slightly degenerated—the body as a whole showed signs of fatty deposit; there were evident deposits in various parts of the body, not mixed with the tissues, but deposited upon them—the body was advancing in decomposition to a certain extent, not very far, still decomposed, five or six days after death, but there was enough to enable us to form a judgment of his state of health during life—the appearance of the heart was not the result of post-mortem decomposition—the kidneys were healthy—there was a small quantity of fluid in the stomach—I smelt it, to my sense it smelt slightly of chloral; we were divided in opinion; it would be hard to judge of the smell of fluid in the stomach of a decomposing body—the cause of death was abnoea, or want of breathing power; that might be produced by the administration of a narcotic—by abnoea I mean that the breathing power was paralysed, from the appearances and from the symptoms that were described to me—I did not altogether come to that conclusion from the post-mortem appearances only—the power of the lungs was paralysed—I say that from the loaded state of the vessels of the lungs, taken together with the
symptoms that were presented preceding death—I have heard Mr. Money's description of the state of the man when he saw him—from what I saw on the post-mortem I cannot escape from the conclusion that a person of competent skill examining the man during life would have found out that he was suffering from heart disease—chloral is a dangerous drug to administer to any man who is suffering from heart disease of that character that I saw on the post-mortem—I have before me the prescription of 29th March—it is a narcotic—that would not be a dangerous administration to a healthy man, no more than chloral is a very uncertain drug in its action; if it was necessary to produce sleep it would not be dangerous—if one-third was administered every four hours to a man in the state in which this man was, in my judgment it would be dangerous—I think, if suffering from heart disease it would be highly inadvisable, and probably dangerous—the Pharmacopoeia dose is from five grains to thirty; thirty is a full dose—as far as chloral is concerned, bromide of potassium would depress the heart's action somewhat, and enhance the action of the chloral—a solution of morphia would very much enhance the sedative effect of chloral—in certain doses it touches the heart—it would stimulate to a certain extent, and then it would depress; given in combination 15 drops would be a quarter of a grain of the salt of morphia—that given in combination with the chloral would depress the action of the heart—in my opinion the administration of this medicine would account for the death, and that it did account for the death was agreed by all present at the post-mortem.
Cross-examined. I have made a great many post-mortem examinations, and several of death from chloral, and I have found the heart diseased as in this instance—in the case of a good heart, I think a dose of half this would be an admissable dose; if a first dose did not produce sleep, I might have thought it necessary to give a second; it would all depend upon the symptoms the patient presented—I conclude that the heart was undergoing fatty degeneration from the enlargement of the cavities of the ventricles, and the thinness of the walls, and the breaking down of the substance under pressure—I did not examine it microscopically, because we all agreed that the heart was degenerated at the post-mortem—if there had been any dispute about it I should have gone fully into the matter; but there being a concurrence of opinion I took it for granted that my opinion would be supported—there was a clot of blood in the left ventricle—if there had been any blood in the right auricle it would have escaped before I saw it—my assistant dissected the heart from the body—I did not see it taken out—I have no hesitation in saying that blood did escape from it, because it always does—the brain was healthy in structure, but the vessels were congested—I examined the stomach carefully; I came to the conclusion that he was a chronic dyspeptic, I should say he had been for years—that might have arisen from a variety of causes, errors of diet and so on—as I did not know his previous history or habits it was impossible for me to tell what it arose from—it may have arisen from indulgence in drink, or matter of diet—you may eat yourself into dyspepsia a great deal more easily than by drink—fatty degeneration is very often overlooked before death, it might have been overlooked in this instance, but not enlargement or dilatation of the ventricles—that might be found out by auscultation; the sounds of the heart would be altered—that would be told through the
stethoscope—I take it from this prescription that the whole that was in the bottle consisted of 60 grains of chloral—that would be a very large dose to give to a healthy man—I have known 160 grains given without proving fatal—it is not unusual to give half a grain or a grain of morphia for a dose—there was only half a grain in this bottle.
By the COURT. Supposing this man's heart to be in an ordinary healthy condition, this dose as ordered, verbally, might be admissible—by auscultation any skilful man would detect fatty degeneration—enlargement is generally discoverable by auscultation.
NOT GUILTY .
NEW COURT.—Friday, May 7th, 1886.
Before Mr. Recorder.
554. JAMES TRIGGS (51) and ROBERT STAGG were indicted for unlawfully obtaining goods on credit within four months of their bankruptcy. Other Counts for various misdemeanours under the Bankruptcy Acts.
MESSRS. GRAIN, BESLEY, and CLURE Prosecuted; MESSRS. FULTON and PARTRIDGE appeared for Triggs, and MESSRS. E. CLARKE, Q.O., and H. READ for Stagg.
During the progress of the case the defendants, under the advice of their Counsel, stated that they were
GUILTY upon those Counts which charged them with disposing of goods otherwise than in the way of trade, upon which the Jury found that verdict. MR. CLARKE stated that Stagg had placed the whole fortune which he had inherited from his father, 10,000l. or 12,000l., into the firm and had lost it all TRIGGS— Four Months' Imprisonment.
STAGG— Discharged on his own recognisances to come up for judgment if called upon.
MESSRS. POLAND and GUILL Prosecuted; MR. FOOKS Defended.
GUILTY on the Second Count.— Four Months' Hard Labour.
OLD COURT.—Saturday, May 8th, 1886.
Before Mr. Recorder.
MR. BODKIN Prosecuted.
WILLIAM WOOLF . I am a draper, of 108, Brick Lane—on 14th April, about 10.30 p.m., I was in my shop and the prisoner smashed my window with his arm, and took 16 yards of striped satin, value 2l. 16s.—I ran out and screamed "Stop thief"—he ran into a lodging-house two or three minutes off—a policeman ran with me—we went in and found him hiding behind a bench—I said "Come out"—his arm was cut and bleeding, and his fist, by breaking the window.
SOLOMON WINKLING . I live at 3, Union Court, Fashion Street—on 14th April I was in Brick Lane, about 10.30, I heard a window break, and saw the prisoner run away; he dropped something, and went into a
lodging-house—I told Mr. Woolf in German, and was present when the prisoner was found under a bench.
EDWARD LUGG (Policeman N 41). I heard a cry of "Stop thief," and saw a man run into the lodging-house—I went there with Mr. Woolf and found the prisoner under a seat—I told him the charge; he said "I know nothing about it, it is a mistake"—there was fresh blood on his fight hand at the station.
Prisoner's Defence. I was standing against the door, I was not under the bench.
He then PLEADED GUILTY to a conviction at Middlesex Sessions in February, 1883.— Six Months' Hard Labour.
557. FREDERICK WESTCOMBE (24) and ELIZABETH NEWROTH , Stealing one curtain, 40 yards of silk, 100 yards of silk plush, and other articles, of John Laurence Mitchell, the master of Westcombe; also stealing five sheets, five pairs of socks, one case of studs, and other articles of Edward Harrison, the master of Westcombe, to both which WESTCOMBE
PLEADED GUILTY .— Eighteen Months' Hard Labour.
MR. FOOKS, for the Prosecution, offered no evidence against
NEWROTH.— NOT GUILTY .
ALFRED ERNEST PIESSE . I am a porter, of 60, Rochester Row, Westminster—on Sunday morning, 28th March, between 12 and 12.30, I was with Mr. Birch in Matthew Street, Westminster; I was quite sober—the prisoner came up and asked if I knew a man with a long Ulster on—I said "No"—he said "Can you give me 2d. for some coffee?"—a second man then came up and stood on my right side and took hold of me—I gave the prisoner 2d., and they hemmed me against the wall, and the other man said "Now give me 2d."—a third man came up and the prisoner said "Down him"—the third man hit me between my eyes with his fist, and the prisoner put his hand in my right hand trousers pocket and took out a silver Egyptian medal and a bronze star—I have not seen them since—I did not fall from the blow—I struggled with the three, and knocked the second man on one side and got away for a few yards—they all got away—I got a cut on my nose, which bled very much, both inside and out, and there is a scar now—I went to the station about a quarter to 1 and complained—on 2nd April I went to a public-house in Strutton Ground, Westminster, and saw the prisoner there—I went out, and the detective was standing on the opposite side of the street; the prisoner opened the door a little way and peeped through to see if I had gone—I held up my hand to the detective, put my hand on the prisoner, and said "This is one," and I gave him in custody.
Cross-examined by the Prisoner. I recognise you by your features, and your clothes are similar—it was dark—I noticed that your face was dark and sallow—Mr. Birch had left me when you came up—I was sober—I also lost my cap, and a young woman spoke to me about it.
HENRY BIRCH . I am porter at Connaught Mansions, Victoria Street—I was with Piesse in Matthew Street, and the prisoner came up to him and asked him for 2d. for coffee, and whether he knew a man with a long Ulster—after that another man came up, and I turned to go away—I
walked along Matthew Street and turned round and saw two men and the prisoner, fighting with Piesse—I am sure the prisoner is the man—I picked him out from eight others on 8th April.
Cross-examined. I recognise you by your features and face, I said that you had a peculiar nose and a moustache—I did not look at your clothes, it was too dark to see them.
ASA BISHENDON (Policeman BR 59). On this Sunday morning about 12.30 Piesse complained to me of being robbed—his nose was bleeding, I sent him to the station, he gave the particulars, he had been drinking but knew what he was about.
JOSEPH SAMMERS (Detective Sergeant A). On Sunday, 28th March, about 10 a.m. I was at the station, and Piesse complained to me and gave me a description—on the following Wednesday about a quarter to 10 I was with him, and he went into a great many public-houses in Westminster, and at last to one in Strutton Ground—I waited on the opposite side—he came out and called me over, I crossed to him, the prisoner came out, Piesse gave him in custody; he said "You have made a mistake, it is not me"—Piesse said "No, I have not, I am certain you are one of them."
The Prisoner called
LAURA JONES . My husband is a labourer—I know the prisoner; I was with my aunt yesterday and she asked the prosecutor what he really did lose, he said only two medals and a cap, and that he lost the cap first but did not know where.
Crow-examined. The prisoner is married to my sister.
Prisoner's Defence. I deny all knowledge of the charge. I work hard as a mason. I am in the first class Army service now, and have got two medals.
He then PLEADED GUILTY to a conviction at the Westminster Police-court in June, 1885.— Nine Months' Hard Labour.
The prisoner having stated in the hearing of the Jury that he wasGUILTY they found that verdict.— , Twelve Months' Hard Labour.
MR. LEWIS Prosecuted; MR. BLACE appeared for Wright, and MR. GEOGHEGAN Parnell.
WILLIAM MCCANN . I am a seaman, and live at 120, Canton Street, Poplar—on 8th April between 1 and 2 o'clock I was in the East India Dock Road, a little the worse for drink, I had in my pockets 44l. in gold, and a 5l. note in a small bag, also some loose silver, a watch and chain, and a ring—three or four men came up behind me, knocked me down and jumped on me, and put dirt in my eyes, and dashed the back of my head against the stones and knocked the senses out of me—I lost the bag of money and my chain and ring—the police came up and took me to the station, I was going with them when I recovered my senses—I cannot identify any of the prisoners.
about 1.30 a.m. I was in the East India Dock Road, and saw a man knocked down and three men rob him—I went within two yards of them, one was holding him, that was the prisoner Parnell, and the other two prisoners were on each side of him clearing his pockets—Dean took his watch chain and handed it to Wright—I stood at his feet and saw their faces—two women cried "Murder" and "Police"—I seized Dean, and held him till the police came, and gave him in custody—he said "You have got the wrong one"—I said "No mistake, I could not look for five minutes and see the wrong one"—a few days afterwards I went to the station and saw nine men in a row and picked out Wright, and again a few days afterwards I picked out Parnell from four others—I am certain the prisoners are the three men.
Cross-examined by Dean. You did not go to pick the man up, you cleared his right side pockets.
Cross-examined by MR. BLACK. There were lamps there, I saw the prosecutor fall but did not see who struck the blow; I then went up and stood there five minutes—I never saw the prisoners before—Dean handed what he took to another man—four or five persons were standing round—I had no hesitation in picking Wright out.
Cross-examined by MR. GEORGHEGAN. I described Parnell to the police, but did not see him for a week afterwards—he had a pair of moleskin trowsers on on the night of the performance, but not when he was at the station—I do not know whether the three men with him were policemen.
CHARLES GRIGSBY (Policeman K 517). On 18th April I was in the East India Dock Road about 1.30 a.m., and heard cries of "Murder" and "Police" in a female voice—I ran into North Street, and saw two men running away—someone said, "Here is one of them, you had better come back"—I went back and found Dean detained by Bolton, and took him—I took the prosecutor back with me, but he could only just crawl along; he was smothered with mud and dirt—he charged Dean at the station with robbing him, but Dean said that he simply went to pick him up—nothing has been recovered except the ring—I took Wright on the Monday afternoon at 4.30, and told him it was for being concerned in a highway robbery—he said, "I suppose you mean that little affair at the corner of North Street on Saturday night?"—on the Saturday night afterwards I went to the Prince of Wales, North Street, in plain clothes, and saw Parnell there—as he left I told him I should take him for highway robbery—he said, "I suppose you mean the affair down here?"—I said, "What is your name?"—he said, "William Smith"—I said, "How long has that been?"—on the way to the station another young fellow said to him, "What is the matter, Mat?"—I then said, "Your name is Matthew Parnell, I shall take you to the station"—he said, "You have made a mistake."
Cross-examined by MR. BLACK. I did not take down what Wright said.
Cross-examined by MR. GEOGHEGAN. To the best of my belief I told the Magistrate that Parnell said, "Oh, you mean that affair down here"—I did not know that the clerk had not written it down—there had been a fight down the road—the Prince of Wales is over a quarter of a mile from the end of North Street—I do not know whether Parnell's character a very good, I have not made inquiries—I took Bolton to the station to identity Parnell; he saw him about 10 o'clock—four men were placed with him, who were brought out of the street; they were all about 20
or 21; they did not particularly resemble him; some of them had moustaches, I think.
WILLIAM PERCEVAL (Policeman K 243). On 10th April I was on reserve duty at the station about 1.30 a.m. when Dean was brought in—I searched him, and found this gold ring (produced) in the lining of his coat—he said that it was his, and afterwards that he found it.
Cross-examined by MR. GEOGHEGAN. Parnell has been out on bail.
Dean's Defence. I picked the man up and put his hat on his head, and the prosecutor came and put his hand on me. I picked the ring up; I did not know who it belonged to.
MR. GEOGHEGAN called
CAROLINE WILLIAMS . I live at 8, Willey Street, Bromley—Parnell lives in the house—on 18th April he came in at 12.30, and I closed the door at a quarter to 1 o'clock, not later—he did not go out any more—it would take a quarter of an hour to walk from Willey Street to North Street.
Cross-examined. I did not lock the door, I only bolted it inside—I went to bed; any person would have to knock me up to get in—I should hear if a person came in with a latch-key.
Re-examined. Parnell went upstairs to bed when he came in—I sleep in the next room to him.
Parnell received a good character.
GUILTY . DEAN and WEIGHT— Twelve Months' Hard Labour each.
PARNELL— Six Months' Hard Labour.
OLD COURT.—Monday, May 10th, 1886.
Before Mr. Recorder.
MR. MEAD Prosecuted; MR. PROBNYN Defended.
WILLIAM MILLER . I am a coffee-house keeper of 21, Kingsland Road—I first knew the prisoner, under the name of John Hakkema, at the end of 1877, about three weeks before he was married—I was then living at my present address with my wife, Charlotte Lucinda Howe—I was married to her on 31st July, 1869, this is the marriage certificate—at that time my wife's sister, Catherine Margaret Howe, was living with as, and the prisoner visited her at our house—I was present in the church at the wedding between my sister-in-law and the prisoner, but not as a guest—my wife was the daughter of David Howe—I see my sister-in-law in Court now, the last time I saw her and the prisoner living together was about three years ago—they lived together about five years and afterwards, so far as I know.
Cross-examined. My sister-in-law had lived with us about 13 months—she was a domestic servant—she had a child before her marriage with the prisoner, I don't know who was the father of it, I have heard the name of Douglas mentioned in connection with her—the prisoner knew she had had the child when he married her because she told him so—I was not invited to the marriage—I never told the prisoner that she had had children before she married, as far as my personal knowledge goes I don't know that he knew it.
EMILY PHCEBE FLORENTINE CHREXHF . My father is a professor of languages at University College and I live with him at 84, Riversdale Road, Islington—I was introduced to the prisoner on a Wednesday about a year ago, I was with a friend at the time—he had then a large bazaar at Stroud Green Road—I went there with my brother sometimes and ultimately he visited at our house, and on 20th June I went through the form of marriage with him, this is the certificate (produced)—I then lived with him at the Stroud Green Road—about the end of July or the beginning of August I opened a letter addressed to him from a person writing as his wife—I asked him for an explanation and he told me it was not his wife but that it was a woman he had been living with, and then afterwards he told me it was his wife but that she had led him a very bad life and he tore it up—two or three days afterwards he produced this document (produced), and I communicated with my parents and showed it to my mother and then to my father, and then I went back and lived with my father for a little over a week—I then received a letter from the prisoner's wife with this certificate enclosed, and I and my mother went and showed it to the prisoner—he said he had never known it before, but it was a great happiness to both of them that it was so—I then went back and lived with him until January this year, and when the business failed I went and lived with him in Crystal Palace Road—his wife afterwards went to my mother's house and I separated from him again—I recollect the prisoner attempting to commit suicide in March; he was taken to the German Hospital, and after he recovered I took him back to my house—there was no proof that he was not my husband—ultimately he was arrested.
Cross-examined. The prisoner was thoroughly well known in the neighbourhood before I married him—he said he used his mother's name Biebericher, he made no secrecy about his name being Hakkema—the friend at whose house I met him said she had known him seven years and spoke of him with the highest praise—he said she had been an unfaithful wife, but he could not get a divorce as he had not money enough—he told me that six months after their marriage she told him she had had a child before marriage, but not that she was married at the time he married heir—I always understood that the father of her child was Charles Douglas, and that he was at sea—she did not lead the prisoner to suppose that he was her first husband—I did not leave him for three days after I had received that letter because he wrote me out that letter and said that would stand good—I was not sure and I took it up after three days to my mother, and she was not sure and took it to father—I know some money was sent to the first wife in pursuance of that agreement, it was sent with my consent—this letter with the certificate enclosed came to the shop, and I opened it and read it—I had the certificate before he did—I know from my mother that the first wife went to my parents' house in consequence of not having received the money in January, I was not present—after I had gone home again, Mr. Poland, our solicitor, received a statutory declaration: I also received a letter to the same effect—after that the prisoner wanted me to come back and live with him but I would not, and soon afterwards he shot himself—he was taken to the hospital, where I visited him constantly, and after he came out of there I lived with him again until I received Mr. Poland's letter—the solicitor for the prosecution was my solicitor then and is now.
SARAH NEWELL . I live I, Buckland Street, New North Road, Hoxton—the prisoner lived at my house with his wife for some time—they came to me in 1881—I signed this release as a witness—I think it was about July or August last, I cannot exactly say—I never read it—it was after 20th June.
Cross-examined. It was read to me—I am not good at remembering dates—I knew nothing of them before this, except that they took a furnished room of me in 1881—I believe the prisoner at that time was a traveller in some business—I went with his wife to Mr. and Mrs. Cerexhe to get money—I do not know that in consequence of her not getting money this matter arose.
By a JUROR. I did not get anything for witnessing the signing of this release.
WILLIAM WARNE (Police Sergeant N). On 8th of April I took the prisoner in Finsbury Park Road—I asked if his name was Biebericher, he said "Tea"—I told him I should take him in custody for bigamy with Emily Phoebe Cerexhe, his wife being then alive—he said "I have a perfect answer to the charge"—I afterwards went to 295, Crystal Palace Road, where I found this document called the "release."
MR. PROBYN called
GUILTY .—He then PLEADED GUILTY** to a conviction at Worship Street Police-court in 1884.— Twelve Months' Hard Labour.
MR. FOOKS Prosecuted; MR. GILL Defended.
JOHN KENNEDY . I am a general dealer at 3, Red Lion Market, St. Luke's—on 27th April, about a quarter to half-past seven, I was in Coleman Street, and the prisoner and a little man, Barbieri, who was discharged, came along wheeling ice cream barrows, and the little one ran his barrow deliberately into me—I said "What are you doing?" he caught hold of me—I caught hold of him, and we had a struggle and fell into the road—I got up and was standing still, and the prisoner caught hold of me, and deliberately pushed me under a van that was passing by, and it went across my toes and across my shoulder—I had not given the prisoner any provocation—I had been struggling with his friend—I had never seen the prisoner before.
Cross-examined. I was not standing outside a public-house before I crossed the road, and I did not, when I saw the men with the barrow, come from a public-house and sit on one of the barrows—I did not touch the freezers at all—I never had the spoon in my hand, Barbieri hit me with it—I did not eat the ice cream, I don't like it—I did not when I got up kick the man who was down, that is a falsehood—Mr. Raymond was passing at the time—I did not kick the man in his presence, I swear that on my oath, if he says I did it is untrue—I heard him swear it—the prisoner did not tell me I should not kick a man when ho was down—he was not there at the moment—he did not pull me away as I was in the act of kicking him—he picked me up and threw me—I wouldn't kick a foreigner—the prisoner's friend offered me a few halfpence to square it, and I said I would take 5l.—I should like to take 3l., I said, last week—I would take 2l. 10s., I should not like to see the man go to prison.
Re-examined. Barbieri hit me with the spoon after we had had the row.
WILLIAM NESSON (City Policeman 143). About 7.30 p.m., on 27th April, I was in Fore Street and saw a crowd—a witness said that a man had been pushed under a wheel, and pointed to the prisoner, and said he was the cause of it—I took him in custody—he said "I only pushed" or "shoved him, but I couldn't help it, I didn't do it purposely."
WILLIAM TWIST . I am a carman in the employ of the London Parcels Delivery Company—on the evening of 27th April I saw Barbieri and Kennedy fighting, they both fell, Kennedy on the top—he got up, and the prisoner, who was standing by, put his hands on him and pushed him into the middle of the road, and as he fell, a pair-horse van was passing—I don't think he saw the van or he would not have done it—I saw no kicking.
CHARLES SKINNER . I am a general dealer, and live in Baltic Street, St. Luke's—I was in Fore Street on this evening with my barrow, and saw the short man who was discharged, and Kennedy having an altercation, and then saw them fighting, and they fell—I then saw the prisoner push the man—I can't say how he got up, I had my own barrow to look after—as he pushed him a van was passing by, and he fell between the hind and front wheels—I did not see Kennedy kick him while he was down, nor did I hear anybody say "Don't kick the man"—I was not near enough to hear, I was five or six yards away.
Cross-examined. I know Kennedy—I did not notice that he was on top of the Italian—I did not notice what he did when the Italian was on the ground.
HENRY RAYMOND . I am a jeweller, of 27, Portland Road, Holloway—on 27th April, about 7.15, I was in Fore Street, and saw Barbieri and Kennedy fighting; they fell, Kennedy on the top, Barbieri fell on his shoulder; they wouldn't leave go of each other, and somebody dragged them apart—Kennedy then got on his feet, and he then seemed to lose his temper and kicked Barbieri, who was still on the ground; the prisoner then rushed at Kennedy and said "You should not kick a man, down," and pushed him back with his two hands against the man's shoulders, and as he did so a van was passing, and as he fell the hind wheel caught his shoulder and he was run over—I don't think the man saw the van coming—it was about three yards off when he pushed him, he was not facing it, he was at half angles.
Cross-examined. I fancy the van came round the corner from Coleman Street—I went to the station.
ANDREW HOARE , M.R.C.S. I am one of the house surgeons at St. Bartholomew's Hospital—about 8 o'clock on 27th April Kennedy was brought there—the upper part of his right arm was broken, and there was a great deal of bruising; the side of his leg was bruised and cut, and there was a cut on the large toe of his right foot—they were such injuries as would happen from a van running over him—he will not be able to use his arm for two months at least—he had evidently been drinking when he was brought in.
The prisoner in his statement before the Magistrate said that the prosecutor put his hand into the ice cream pot, and a fight ensued, and the next thing he
saw was the prosecutor down, and the horses touching him, and before he could pick him up the wheel went over him.
NOT GUILTY .
MR. MUIR Prosecuted; MR. K. FRITH defended Roach.
CHARLES ELLIS HALL . I am a ship's lamp maker, of 74, St. George's Street East—on 24th April, about 11 p.m., I went to bed, haying seen all the windows and doors locked except the workshop door, which communicates with the house by a very large passage—about 3.35 my dog harked; I got out of bed, looked out at the back window, and then went to the front, found everything right, and went to bed again—I was again awoke by the dog scratching at my bedroom door and barking at 4 o'clock—I jumped up, and the dog led me to the shop door, which I found open and tied back—it was not so before—it has a powerful spring, which shuts it—I went to the front door and hailed a constable, who came, and in a few minutes the two prisoners were brought back, and I charged them.
FRANK JOHN DILLON . I live next door to Mr. Hall—on 24th April I locked my doors and windows about 11.30 p.m., except the side door, which was kept open for lodgers—about 6 a.m my wife spoke to me and I went down and found a cupboard door open—I missed from a workbox a small thimble-case and three studs of my wife's—I found the shop window smashed, the door wide open, and the key inside—the skylight was wrenched off—I missed some shears from the counter.
ABRAHAM SMITH (Policeman H 398). I was on duty in St. George's Street—about 4.15 a.m. Mr. Hall came out and spoke to me; another constable was there—I sent for assistance, and Patrick came—I went into Pennington Street, 50 or 60 yards from Mr. Dillon's premises, and saw the two prisoners walking rapidly down the street—I ran along St. George's Street with Patrick, and saw them come out of John Street into Belt Street—I lost sight of them, but found them in Cable Street detained by Sergeant Hoole—he said "What is the matter?."—I said "These two men have been seen on the roof of some houses in St. George's Street"—they were taken to the station and charged—they made no reply.
WALTER PATRICK (Policeman H 285). I was called to Mr. Hall's house about 4.20 a.m., and saw the prisoners at the rear, coming from Stack's Yard—I spoke to Smith, and then ran along St. George's Street, the prisoners came up John Street and across St. George's Street—they were pursued by Hoole, and I next saw them in his custody—I went back and picked up this thimble case, which Mr. Hall identifies.
Cross-examined by Crawley. Mrs. Hall came to the station; you were put with other men—she did not pick out either of you; she shook her Lead and went away.
ELIZABETH HALL . I am the wife of Charles Hall—on this Sunday morning, about 3.30, I heard a noise downstairs, and my husband went down—I looked from my back window, and saw a man going down the steps of Mr. Dillon's yard, and another at the top—two policemen were standing at the door, and I ran down and gave them the description—
they had coloured scarves the same as they have now, and no caps—I saw their faces, and am quite sure that the prisoners are the men.
Cross-examined by Crawley. I was 10 or 12 yards from you—I saw six men at the station, but said nothing before you, but when I came out of the room I said that you were the two men in black caps.
Cross-examined by MR. FRITH. I did not say at first that neither of them were there—I was afraid to speak, but I was sure they were the men, and told the sergeant so—I did not say "Neither of the men is here;" I did not speak—my bedroom is level with where they were; they both had flat-crowned caps, and the dress they have on now—I noticed their height—I am positive the prisoners are the men.
Re-examined. I recognised them as soon as I saw them, and as soon as I got outside I told the sergeant they were the two men with black caps.
JOSEPH HOOLE (Policeman H 8). About 4.25 on Sunday morning, 8th April, I was on duty in St. George's Street, and saw the two prisoners come from John's Hill across George Street—they ran into Belt Street—I was 50 yards from them—I gave chase, and heard Crawley say to Roach "Make haste, there is the door open," and as they were about to enter Mayfield Buildings, which is a passage, I seized them both by the throat, and said "Halloa, what is the matter?"—Crawley said "Nothing, governor"—I said "Yes there is something the matter, I shall have to keep you till I find out what it is"—Roach said "Nothing, governor, I was going home," and took something from his jacket pocket which he threw into the passage—I said "I shall hold you here, and the first one that tries to get away I shall knock down with my stick"—I held them till assistance came, and they were taken to the station—I sent Patrick back to see what Roach had thrown away, and he brought me this case, which has been identified.
The Prisoner' Statements before the Magistrate. Crawley says: "I know nothing of it." Roach says: "I met Crawley in Old Gravel Lane, and went with him; I know nothing of it."
Crawley's Defence. I was trying to get a job and met Roach; we turned into Felton Street, and he said "There are two policemen coming after us;" they laid hold of us.
Crawley then PLEADED GUILTY** to a conviction at the Thames Police-court in January, 1979. CRAWLEY— Nine Months' Hard Labour. ROACH— Two Months Hard Labour.
ROBERT WREST ROVER . I live at 38, Tottenham Court Road, and am caretaker there to Mr. Saunders—on 28th April I was awoke between 3 and 4 a.m. by the bell ringing—I went down, saw a policeman, and found a square of plate glass in the window broken—I missed these four odd boots (produced) from the window—they are worth about 32s.—I saw them next at the station.
WALTER HERSTEAD (Policeman D 405). On 28th April, about 2 a.m., I was on duty in Tottenham Court Road, and saw the prisoner loitering at the corner of Percy Street—I went round my boat, and when I returned
he was still there—being in uniform I concealed myself in a doorway, and heard a great smash of glass—I ran across the road—the prisoner saw me, and decamped—I gave chase for 200 or 300 yards, and took him—he had these four boots under his coat—he gave an address which was false—I saw the window broken, and found this stone (produced) under the window frame.
He then PLEADED GUILTY** to a conviction at Middlesex Sessions in March, 1885.— Six Months' Hard Labour.
NEW COURT.—Monday and Tuesday, May 10th and 11th; and
OLD COURT.—Wednesday, May 12th, 1886.
Before Mr. Common Serjeant.
565. WILLIAM DORMER, WILLIAM PATTERSON STUART , and WILLIAM ORANGE PHILPOTT , Unlawfully obtaining by false pretences from Arthur Davis an order for the payment of 50l., with intent to defraud. Other Counts, for obtaining other sums from other persons in a like manner and with a similar intent, and for conspiracy.
MESSRS. BESLEY and AVORY Prosecuted; MESSRS. GRAIN and KINLOCH COOK defended Philpott.
JOHN TONBRIDGE (Police Inspector). I arrested Dormer in February as he was leaving 28, Ridley Road, Dalston—I said "I am about to arrest you on a warrant for fraud"—he made no reply—I took him to Dalston Police-station and read the warrant to him—he made no reply—I searched him, and found sixpence and some pawn-tickets—I afterwards went to 28, Ridley Road, and brought away a large quantity of books and papers—on 19th February I went to Glasgow, where I found Stuart in the custody of the Scotch police—I read the warrant to him—he made no reply—I brought him to London—the Glasgow police handed me some documents and four keys belonging to him—Stuart said four of the keys belonged to the office at 6, South Square—no money was found on him, but one pawn-ticket was—the property was handed over to me in the prisoner's presence, with the statement that it was found on him—the furniture at Ridley Road belonging to Dormer might fetch 2l. or 3l. at a sale, not more.
ARTHUR DAVIS . I am a stationer, of 12, King's College Road—about the middle of April last year I advertised in the Times and Standard for a situation, and in reply received this letter. (This was headed 6, South square, Gray's Inn, and stated that Messrs. Erlebach and Co. would be glad if he would call to-morrow with reference to his advertisement.) I called at 6, South Square, and went up two flights of stairs there, I think—I think the name Erlebach and Co. was on the door downstairs, not upstairs—I was shown into a room where I saw Stuart—I said I had called about the letter—he said "We think of getting up a bank; we want a secretary, but I should prefer you to see Mr. Dormer, who attends to the matter more"—I think he said then, "I could have the post myself, but as we are getting it up I prefer not to" (referring to the secretaryship)—he said it was to be called the London and Scottish Bank—I did not see Dormer then; we arranged for another meeting, and I called again the week after, when I saw Dormer—Stuart came in, and in his presence Dormer
said "We are starting this bank and we want a Secretary, who will have to take up shares in the bank so that he shall take more interest in the concern"—he asked me what salary I should want; I said "250l."—he said he would put it before the directors, he could not tell me himself—I don't know if I then decided what number of shares I would take up—I called again a few days later and saw both Dormer and Stuart—Dormer said in Stuart's presence that I was to make a written application; I did so—after I had arranged to take up 50 shares, Dormer told me if my references were all right they would give me the berth—they were 5l. shares, 1l. on application and 1l. on allotment—I wrote applying fur the shares and the situation, and two or three days later called again—Dormer said in the presence of Stuart that I was accepted by the directors—I paid 50l. by somebody else's cheque to my order, which I endorsed and handed to Dormer—Dormer wrote out this receipt, which Stuart took away and copied and brought back—Dormer signed it "Erlebach and Co." (This stated that 60l. was received from Arthur Davis as a deposit of 1l. per share on 50 shares in the London and Scottish Bank, subject to his appointment as assistant-secretary to the bank, and that the shares were to be sold at par if Davis gave up the appointment.) I took from the table a preliminary prospectus and memorandum of agreement of the London and Scottish Bank (Limited)—there were no directors' names on it. (This prospectus gave the name of W. Patterson Stuart as secretary pro tem.) It was arranged that I was to go on another day to pay a further 50l., the other 1l. per share on allotment—I went about a week after, having in the meantime made some inquiries—I saw Stuart and Dormer—I said I wished to withdraw and should like my money back—Dormer said "You hare taken me by surprise; we have been put to a great deal of trouble and expense and waste of time, and I must put it before the directors and see what they say"—he said they had had several applications—they told my solicitor I was to make a written withdrawal—on 15th May I received this letter. (Signed Erlebach and Co., stating that they were awaiting the receipt of the written withdrawal, that they might lay it before their clients.) I placed that letter in the hands of my solicitor, Mr. Neave, and wrote a withdrawal—I instructed Mr. Neave to commence an action in the High Court to recover my 50l.—I served a document at the office myself in connection with this action—I got nothing out of the action, I never got a farthing of my 50l. back and I have paid my solicitor's costs.
Cross-examined by Dormer. I understood you the bank was registered—you told me the promoters were as good as directors—I don't remember if I said in my affidavit I was told it was a company about to be formed—I understood the bank was going to be started—I won't swear you did not say that signatories were the same thing as directors—I saw there were no names to the blank memorandum of association—I know you put us to a great deal of trouble in the action—I never attended the Court and don't know when judgment was given—I left the matter to my solicitor—we got judgment and you appealed and we got the day—it was after the Long Vacation, I believe.
Cross-examined by Stuart. I will swear you said I was to be Secretary, not assistant secretary—I am not certain whether I received a copy of the memorandum of association and prospectus in blank at the same time or after I parted with my money—Dormer sometimes said directors, and sometimes clients—I was told that promoters were virtually directors—Dormer
read over a list of promoters once—I could not swear that your name, or that of Erlebach or Dormer, appeared among them—I should not know any of them if I heard them.
Cross-examined by MR. COOK. If I saw Philpott it was only when he opened the door—I don't remember him.
Re-examined by MR. BESLEY. The costs of my solicitors came to 40l., but they took less—I got nothing.
ALFRED WILLIAM FROW . I am clerk to Mr. Neave, a solicitor, who was employed to sue for the recovery of Mr. Davis's money—the writ was dated 10th July; there was also a letter asking for payment—it was against Erlebach and Co., for the recovery of 50l.—an application was made under Order 14—the order was made for payment on this affidavit—Erlebach and Co. were not allowed to defend—Dormer and Patterson Stuart, trading as Erlebach and Co., swore this counteraffidavit—there was judgment on 18th August, 1885, with 6l. 10s. costs, the maximum allowance under Order 14; Davis got nothing—this summons in bankruptcy was issued by us—on that they began an appeal against the Bankruptcy, and so it was thrown over the Long Vacation—4l. was added to the 6l. 10s.—the appeal collapsed—Mr. Morris for Erlebach and Co. came and said what he had done, and intimated that he would not act for them any longer; that was after the Long Vacation, I think—22l. 13s. 6d. costs were incurred—I tried to serve Dormer with the bankruptcy summons, but could not find him—I never saw Philpott nor Stuart.
Cross-examined by Dormer. The copy of the order by the Judge on appeal is 18th August; it was first before a Master and then before a Judge—if an appeal was lodged with the Divisional Court it must have been within eight days, I believe—I know nothing about the bankruptcy summons—I don't know the date when it came on in the Divisional Court, I believe it was after the Long Vacation.
Cross-examined by MR. COOK. Stuart and Dormer were the defendants in the action.
Re-examined. I produce the original affidavit of Dormer and Stuart. (This denied that they were indebted in 50l. to the plaintiff, as it had been forfeited, and stated that they had no objection to pay money into Court pending the trial.) I produce the judgment. (This dismissed the motion and added its costs.) This is the letter in which Mr. Morris informed us he had withdrawn from the contest.
ARTHUR DAVIS (Re-examined). I heard the terms of the receipt before it was settled—there was not a word in it about my 50l. being forfeited—I heard nothing of that till the statement of claim was put in—the very terms of the receipt excluded any forfeiture—it was made out assistant secretary, although they had said secretary, and Dormer explained when he made the receipt that they wished to make the alteration, but that it would make no difference to me—that was before I parted with my money—I knew I was going to be assistant secretary—I did not understand Stuart was Secretary—he said he could have had the berth if he liked.
ALFRED WILLIAM MOSS . I live at 30, Hindon Street, Pimlico—on 13th May, 1885, I saw an advertisement in the Daily Telegraph. (This was for a clerk, who must be a good correspondent and bookkeeper. Salary 150l. Small security required.) I answered it, received a letter in reply, and
called at 6, South Square—on the second floor I found the office of Erlebach and Co.—Philpott admitted me—I asked for Erlebach and Co., and after going into the waiting room I was shown into a room by Philpott, where I saw Dormer alone, the first time I believe—"Mr. Dormer" was written on the door of that room—he asked where I had been before, and what I was able to do, and what salary I should want; I said I had been at the Artizans' Dwelling House Company, and should want 160l. a year—he said "We want a security," because I was to be there to receive payments and to keep the company's books—I said I was prepared to give 50l.—he said he would write and let me know if my references were satisfactory—he had said "We are floating a bank"—I asked him what bank, he would not give me any name—I asked him where it was—he said "We have not fixed any offices at present"—during this conversation the door of another room was open, and I could see Stuart, and he was in and out—as he went in and out he could hear the conversation—as I left I noticed Stuart's name was painted on the door of that room—I afterwards received a letter, and went to the office on 19th May—Philpott admitted me—I had an interview with Dormer in Stuart's presence—Dormer said "We have been about the references and have found them satisfactory, and we are prepared to engage you"—I then paid him 50l. in bank notes, and Stuart and Dormer went into Stuart's room, and I could see Stuart writing out this receipt, which he brought back; Dormer signed it "Erlebach." (This stated that 50l. had been received of Mr. Moss as security on his entering their service as a clerk, and was to be returned to Moss should he be discharged for any other cause than dishonesty, inebriety, or breach of trust.) He said "If you disclose any of the accounts in our bank you will lose the 50l."—he said he thought he should have the office of the bank in Moorgate Street—it was arranged I was to commence my duties on 1st June—on that day I went to the office—Philpott admitted me—I saw Dormer, who said they weren't very busy and would I call the next day—I did so and saw both Stuart and Dormer—Dormer said to me they were not very busy and would I call again, and that I might as well make up the week by stopping away—at the end of the week I called again and Dormer set me to enter a number of addresses for printed circulars into a book—I was engaged on that till 28th June, I then received my first month's salary, 12l. 10s.—I was engaged in Philpott, the clerk's, room at 6, South Square—I had nothing to do but copying these addresses up to 28th June—I asked Philpott, and also Stuart, during June, when the bank was going to commence—Philpott generally said they had not decided on taking the office—I asked Philpott and Dormer when I was to have the set of books I was to keep—Philpott said they had not come in—Dormer said they were so busy, I think, that they were not ready to have them in just then—I continued going to this office during July—I copied on to foolscap for them a specification of a wine company, the conditions of which were to be the rules of their bank, it was a memorandum of association—I sent out some circulars for them to people who had their names in Stubbs' Directory, to Bankrupts—at the end of July I got my salary, less 10s. short—I attended the office every day during August, but had nothing more to do than before—the set of books never turned up and no cash payments came in—towards the end of August Philpott told me that Dormer had offered him a holiday for three
days, and as he did not want it I could have it—Dormer asked me if I would have it and I went away for three days—while away I received a letter from Philpott saying I could finish the week; I have destroyed that letter, Philpott signed the letter—he said "I am directed by the firm to inform you you may have the rest of the week"—I went back to the office at the end of the week, where I saw the three prisoners—after a bit I saw Campbell, one of the witnesses, in the waiting-room—I continued going to the office every day for some time—I was doing nothing whatever—Dormer sent me to the patent office to look over the specification of Wood Pavement Companies, as he was seeking to float a company, and was getting up a patent where they would put concrete all round the wood block, and he wanted to know if there was a patent of such a kind—on a Saturday at the beginning of September I said to Philpott my salary was a week overdue and that I wanted to see Dormer about it—Philpott said he had not come—he went out and afterwards a telegram came which said Dormer was very ill—I saw the bottom of it but I did not see whom it came from, I caught a glance at it when it was handed to him—after reading it he said Dormer was taken very ill and that he was to close the office at once—I told him I wanted my money and wanted to know where he lived—Philpott said he dared not give me his address—I told him I had it at home and if he did not give it I would go home and get it—Dormer had once given me his address for me to send something there—Philpott then gave me the address, 28, Ridley Road, and I went there the same day—I saw Dormer, he looked very well—I said I was sorry to hear he was so ill—he said he had been run over by a cab and pointed downwards to his leg—I asked for my salary—he said he was sorry he could not give it to me, as he kept his cheque-book at his office, but that he would settle with me on the following Monday—on Monday I went to the office, but Philpott and Stuart both told me he was too ill to attend—I did not tell Philpott I had been to his house—Philpott said some roughs had set upon him—about 12 that day I met Dormer down the lane opposite Gray's Inn, just walking away from a cab, rather quickly as he always does, and towards the office—I saw Philpott coming in the direction from the office—I went and touched him on the shoulder before he met Philpott, and said I heard he was not coming up—he said "I did not want you to see me to-day, don't tell any one you have seen me," and that he would settle with me on the following Wednesday—while talking he walked beside me with a limp—we met Philpott, and I left him and Dormer talking together—I went to the office every day that week after that—I don't think I saw Dormer after that—I asked Stuart at the office for him—Stuart said he was too ill to attend—I asked him if he would pay me—he said he did not keep the cash accounts—some time after Stuart said Dormer was away for change of air—at the end of September I called at Dormer's house, but I was told he was at the office—I went back to the office, but they said he had not been there—on 1st October I sent a written notice to Dormer at his private house of my intention to leave, and claiming my salary and the return of my deposit—on 2nd or 3rd October, having sent that, I saw Stuart at the office, and he said he was sorry I was going to leave and that Dormer was going to make a proposal to me—after that I saw Dormer at the office, and he made the proposal to me that I should leave the deposit money there and
get another situation for a time, and come back to him when he was more busy—I told him I had been round to the addresses of the directors and found that none lived there—I had seen at the office in July, I think, this prospectus of the London and North British Bank, with the names and addresses of the directors on it: Lord Chichester; Mr. Tottenham, 13, Park Lane; and Chas. W. Erlebach, 6, South Square—I said I had been to 13, Park Lane, and that nobody of the name of Tottenham lived there—Dormer said he did not know, he had known him for some time and he gave him that address, and he thought as he was a single man he would take lodgings anywhere—I said "I have been inquiring about Lord Fitzwarrine Chichester, and I think it is a forgery;" I thought he had got his name under false pretences—he said "It is not a forgery"—Stuart was present in the room at this conversation—a few days after, Stuart said he had the letter from Lord Fitzwarrine Chichester authorising the use of his signature, and he went into his office and produced a letter in Philpott's writing, across which was signed in pencil simply "Lord Fitzwarrine Chichester"—I have not seen that document since I read it.
JOHN TONBRIDGE (Re-examined.) I have produced all the documents found at Dormer's house relating to the bank, and have searched all the documents; I could not find one with Lord Fitzwarrine Chichester's signature on it.
A. W. MOSS (Continued). He said it was his Lordship's consent to become a director—Philpott said until he had signed it in pencil he did not know how to spell the name correctly—on the prospectus the address of Charles "William Erlebach was given as 6, South Square, I saw no Charles William Erlebach there—Dormer said to me, "This is owing to the Munster Bank, the public would not take up shares in this, as it was on the same principle"—on 14th October I asked Dormer again for my salary for August and September—he gave me 5l. on account of the two months, he said I could have the week following to look for another situation—I went again on 1st and 2nd November and asked Dormer for my money, he said he was prepared to meet me on Wednesday, that was two or three days afterwards—I then went and saw Philpott—I asked him if Dormer was in, he said he did not know, but that Stuart was—I told Stuart I wished to see Dormer, he said he was not in—I told him I had come for a settlement; Stuart said he did not think Dormer was prepared for it—I went and consulted a solicitor, Mr. Dutton, and commenced an action against Erlebach for 82l., 50l. my deposit and 32l. for wages—I served a writ on him myself at his house, and got judgment, I got no money—after that I went to Dormer's house again, 28, Ridley Road, and found the place locked up, that was at the end of November—I then went to the office and found that locked up—during the whole time I was at the office there was not the slightest sign of the business of a bank being carried on—I saw no books that I was to keep—Dormer asked me about the first or second week in June to sign a paper, he said he wanted to get a friend of his made a director, and would I give him a vote—he put certain forms before me, I did not read them because the heading at the top was turned over; I put my name without seeing what I was writing under, I do not know what it was—I have never seen my name in print on any memorandum of association—I signed on a paper similar to that memorandum of association—I did not know when I signed it it had anything to do with the London and North British Bank—those,
names were above where I signed—I did not see the top—with the exception of what I have described I never signed any memorandum of association, I did not know I was signing one then.
Cross-examined by Dormer. I signed about five or six of these memoranda—you brought me one first and then the others, one above the other—you gave me no opportunity of looking to see what they were—I was sitting at your table in your chair—you would not let me move them and look; if I had tried by force I might; you were holding them—I went to another office in Gray's Inn Square to have my signature witnessed—I went over my signature there with a dry pen; they were then held up against a wall outside the office door—your hand was on the top of it then holding it against the wall; there was no paper over it; I could not see while you held it—you did not say you wanted names signed because it was necessary to get seven for registration—I saw it was headed for printing—the headings of the other copies were under the first one, and the whole five were covered in that way—I signed about the middle at the bottom; there were some signatures there already—when I came to your house after the accident you came to the door as usual looking much the same—you said you had been knocked down by a cab and robbed—that a cab had gone over you—you might have been robbed afterwards—you did not tell me you had been knocked down by a rough—on the Monday I saw you at the top of Southampton Buildings paying the cabman—I believe I was five or six yards off—you walked as usual till I touched you, and then you began to limp; you do not usually walk with a limp—when I first came to you I knew you as Erlebach; I saw your name on your door—I asked Philpott who the gentleman was whose name (Dormer) was on the door—he said "Who you call Erlebach"—that was about a fortnight after you engaged me, about the same time that I began to do work in relation to the company—I did not know if you were Erlebach—people who came for Erlebach were shown in to you.
Cross-examined by Stuart. The Financial News in which my name appeared as a signatory of the London and North British Bank was sent to me and my sister opened it; I did not see it—I called Philpott's attention to it in the office—I cannot remember seeing one at the office—I said to Philpott "I have been told my name is in the paper; I suppose it is something relating to the bank"—Philpott said he had a paper sent to him—one word occurred after the other signatures which preceded mine—it did not strike me from that that there was something in it—I know the house I called at in Park Lane when I get to it; it was either 13 or 18; I went to the number on the prospectus and I suppose it was 13—I looked on you and Dormer as my employers—Dormer said my salary should be 150l. a year, payable monthly—he did not say who would pay me—Dormer said he would give me 150l. a year—I served the writ on Dormer when I could not get back my deposit, because you told me previously Dormer only had to do with cash payments—I looked on you as one of the firm of Erlebach and Co.—I suppose my solicitor knew better than to sue Erlebach and Co.—I told him Dormer was the chief—the endorsement on the back of the writ is "The plaintiff's claim is for 82l. 10s. the amount paid by the plaintiff to the defendant on entering his, the defendant's service"—that is true, I always looked on you as one of the firm—the signature to the receipts is Dormer's—I believe you wrote the body for another one—I saw you.
looking at something and writing from it—Dormer gave me the holidays in June—I cannot be sure if you were there; you were always in and out—I never spoke ill of Dormer when I was in his service—this is the notice I gave in October. (Stating that he wished to leave that day month and wished the repayment of his money and 25l. due for salary.) That was addressed to Dormer, at 28, Ridley Road, his private house—there is no reference in it to Erlebach and Co.—that was because you told me to apply to Dormer for money and I looked on him as the head of the firm—I did not know the gentleman I saw when I came back from my holiday was Campbell till afterwards—I believe the telegram was, "Dormer is very ill; close the office early"—I cannot give the exact words—I don't think I asked you for any books—I knew your name was on the prospectus as secretary pro tem.—I asked Philpott because I was more intimate with him than with you—I never asked you for my salary—you once said you were very hard pushed and were waiting till Dormer came back to get some money from him—I said at the police-court that you said you would rather give 100l. than that Lord Chichester's name should appear on the prospectus, because he said he would not become a director; at the same time you showed me a letter that bore, you said, Lord Chichester's signature, and that he said "I hereby agree to become a director of the London and North British Bank, and hereby authorise you to print my name on the prospectus as such"—I think you said Mr. Tottenham had obtained it for you—I don't think you said anything about his solicitor—you said nothing about a County Court judgment against Lord Chichester.
Cross-examined by MR. COOK. Philpott always did the correspondence—Philpott would not give me his master's address at first, but did afterwards—I should want to know what business any one wanted it for before I gave it—I told Philpott I was going for my wages; he would not have given it to me unless he had known I had it and would go home for it—Philpott said Dormer had been knocked down—he said nothing about his being robbed—we had seen him on Saturday—it was possible for him to have known Dormer had been knocked down and robbed.
Re-examined. I had applied for 25l., two months' salary, before 1st September, and on that date I wrote asking for it; that was before I employed a solicitor—I did not know that before that Dormer and Stuart had been swearing a joint affidavit that they were Erlebach and Co., joint owners of the firm—I always looked on Stuart as a member of the firm—at the time I left Dormer named a day to pay me in Stuart's presence—I went and Stuart said Dormer was not there—I called Campbell's attention to that particular day—Stuart was in and out when I signed the paper—I am sure I was not aware I was signing to become the promoter of a public company—when Philpott wont away and left me at the office he said "Don't open the door if any one knocks"—I had to pay my solicitor's costs—I said to Stuart after I left the employment that Dormer was a d—swindler—Stuart said nothing; that was on the Wednesday, the 4th November, that I went to my solicitor to have the writ served on him.
CHARLES FOULKES WATSON . I am a clerk, living at Holloway—about 14th May, 1885, I saw an advertisement in the Daily Telegraph and wrote to the address, saying I could advance 30l., and that my salary should
be 150l.—a reply came from Erlebach and Co., in consequence of which I went to 6, South Square, Gray's Inn, where, on the second floor, I found the name Erlebach and Co.; a boy let me in and showed me into a waiting-room, where I saw four other persons, I don't know who—Philpott afterwards showed me into Dormer's room—I told Dormer I came in consequence of a letter from Erlebach and Co.—I don't think Dormer's name was mentioned on that occasion—Stuart was present—Dormer spoke relative to my application—they said they should want security as guarantee for my honesty, and so that I should not leave without proper notice, because there would be a great deal of routine work to learn—I mentioned Smith and Sons as a reference, having left their service on the previous Saturday—they said they would write—I received this letter of 18th May, stating that they had decided on engaging me, and asking me to call on the next day—the terms were that I was to pay 50l. deposit and to receive 120l. the first three months and 150l. a year afterwards—I called the next day and saw Dormer and we arranged that I should pay 30l. as part of the security on the following Thursday—the original understanding was that I was to be engaged in the accountant's department of Erlebach and Co.—on Thursday, 21st May, I took and paid my 30l. there, and it was arranged I should pay the remaining 20l. when I commenced my duties, which was at first to be 1st June and was then altered to 8th June—Dormer and Stuart were present then, I think—this agreement was then drawn up; Stuart wrote the body of it and Dormer wrote the name Erlebach and Co. across the stamp—subsequently I paid the 20l., there is written at the end of the receipt that is for both 30l. and 20l. (This agreement stated that the salary was 120l. for three months and 150l. afterwards; that the engagement teas for three months certain, and after that was subject to one month's notice, and that the 50l. was to be repaid should he be discharged except for inebriety, dishonesty, or breach of trust.) I went on 8th June and paid the 20l.; Dormer then told me to come next day—I did so; Dormer asked me to sign a paper that I would take a share in a bank that they were about to float—I did so; there were a number of names down—I asked him if it would involve me in any way and he said not at all, it was simply an application for one share, and "We must have seven before we can float it by law"—I said "Will that involve me in a sum of 5l."?—he said it would not involve me in anything; the money had been paid—no one was present then—he did not tell me it was a memorandum of association—I did not notice what I was signing; it was laid open before me; I merely understood it was an application for one share; I did not know beyond that that I was making myself a promoter of the company—I did not see the front page nor did I read the top—after that I went with Dormer to an office in Gray's Inn, where I marked over my signature with an empty pen—I don't know what was our object in going there—next day (10th June) I went and Dormer told me their premises in the City were not ready and that I had better take my holidays now instead of later on in the summer—I took a week and went back to the office on 19th June, I think—Dormer told me the offices were at 95, Finsbury Pavement; I think they were ready then—I went there by myself—I was directed to wait in the passage till Stuart came; when he came he took me up one flight to the office; it was a printer's and stationer's below—there were two rooms; no one was doing any work there—
Stuart put me to making entries in a book from directed wrappers, copying them, nothing else—Mr. White worked there with me; he came the same day and did the same work—that work went on, on and off, until I left—they were wrappers to put circulars in and send by post—five days after the end of the month Stuart paid me 10l.—I gave this receipt—I still went on at Finsbury Pavement—I waited a fortnight after my August salary became due and then Stuart gave me 3l. on account—he said Dormer was away and would pay the balance when he came back—on the first occasion I saw him pay White's salary also—I got the balance of my August salary on 7th September, and on that same day he handed me this document (A notice that his services were not required after Thursday, 8th October next, signed Erlebach and Co.) That is Stuart's writing—when I wanted to know why I was served like that he would give me no answer, but said an explanation would be given me on the following Saturday, and that I should get my September salary then—on the following Saturday I went; I saw Philpott; I told him I had come for my salary—he said no one was there—after that I called every day or every other day—I saw Stuart on some of the occasions I called; he did not pay my salary, he said he had nothing to do with finance, Mr. Dormer attended to that, and that he was away with an injury to his leg, I think he said—on 14th October I wrote that I could wait no longer, and that failing a cheque for 50l. and my salary I should place the matter in other hands the next day—I left that at the place, I think—I got this answer, signed Erlebach, with Erlebach and Co. on the paper. (This denied the various statements made and stated that they would be glad to know, if the 221. were paid, when payment of the 50l. would be expected.) This is my reply to that. (This stated that if the 22l. were paid forthwith he would not object to the 50l. being paid in two instalments, on November 8 and December 8.) I received this reply in Philpott's writing with Stuart's signature, "Erlebach." (Stating that they could not allow him to make false statements, and that they could pay him nothing till he withdrew them.) I wrote this reply. (Stating that he trusted to their honour to forward the 22l. and the balance, and withdrew all charges of fraud.) I had said in a previous letter if they did that there would be an end of the matter—I wanted my money rather badly—they then sent me this in Stuart's writing. (This said that his letter was most unsatisfactory, and that they must have an unqualified withdrawal of all his statements, the sooner the better for him.) I did not reply to that, and after two or three days got a second letter in Stuart's writing on Erlebach's paper. (This expressed surprise at not leaving heard, and asked him to write by return, as they wished the matter settled without delay.) I wrote this reply. (Asking what answer they expected, that he had withdrawn all charges by his letter of the 15th; but that as they held his money he had been obliged to put the matter in the hands of his solicitor, and that they could stay further proceedings by paying the money.) I brought an action against them for salary and my 50l. deposit—Mr. White, of 7, New Inn, was my solicitor and conducted the legal business—I got judgment, but did not get 1s. either of my salary or deposit, and I have had to pay my solicitor 11l.—I have not had the register corrected with regard to my name as promoter.
Cross-examined by Dormer. You told me it was necessary to get seven signatories, and that I was one of them—about 30,000 to 40,000 wrappers were addressed among us, I should think, and they were then
entered into registers for reference, so that when prospectuses were sent out we could look them up for fixture use, I suppose.
Cross-examined by Stuart. Before I parted with my money Dormer mentioned incidentally that they were about to float a Company, I supposed he meant the Company; I think he said "we," and he said "If it floats there may be a nice opening for you there in the accountancy department of Erlebach and Co."—he said nothing about the accountancy department of the bank—Dormer carried on, all the conversations at 6, South Square—you signed neither of the receipts for 30l. or 20l., you only wrote out the body of them—I don't think you were present when I signed the memorandum of association—nobody else but Dormer was present when I went over my signature with a dry pen—I wrote complaining of your conduct, and asking for an explanation of my dismissal—I looked on you as the principal of the accountancy department, in which I was in, only up to 7th September—I never looked on you as a member of the firm; I said so at the police-court, it is true.
Re-examined. All the letters after 7th September were written by Stuart—on 7th September Stuart undeceived me, and told me he was Dormer's partner—the belief arose out of a letter, before I parted with my money, in Stuart's writing, signed Erlebach and Co., requesting me to call.
Tuesday, May 11th, 1886.
GEORGE MOORE , M.D. I practise at 3, Hereford Street, Mayfair—I know Vandelour Lee, residing at 13, Park Lane—I am now attending him; he is suffering from structural disease of the heart, and it would be dangerous for him to attend to give evidence—I saw him with Tonbridge.
ANDREW ALEXANDER WOOD . I live at 7, Colville Road, Notting Hill, and am an inspector of an Assurance Company—on 17th or 18th June I saw this advertisement in the Standard; "Bank.—Wanted a gentleman to act as sub-manager. Good salary to competent man; security or investment required"—I replied, and on 22nd June received a letter asking me to call, in Stuart's writing, signed Erlebach and Co.—I called at the office of Erlebach and Co., 6, South Square; Philpott opened the door—after waiting some time in the waiting room, I was shown into another room, which had the name of Dormer on the door—as I went in Dormer came in, and just as we were beginning to speak Stuart came in by a door in Dormer's room—Dormer said "Let me introduce you to my partner, Mr. Stuart"—Dormer said "We received your letter in reference to this appointment as bank manager," and he asked me what my experience in banking was—I said I had been in the National Bank of Scotland for a certain number of years, but had lately returned from abroad, and was anxious to get another bank appointment—he asked me for my references, and I gave them—just then Stuart took in from the door (I think Moss or some one handed them in) a bundle of prospectuses—Dormer gave me one to look at; it was similar to this of the London and North British Bank, with the names of the directors on it—he asked me to look at it, and I made some remarks on it—he said "That is the North British Bank that we are going to start"—I said "What chance is there of floating it?"—Dormer pointed to a heap of letters on the table and said "No shares have actually been allotted yet, but there are several applications"—Stuart said "I alone amongst my friends in
Glasgow can place 10,000l. worth"—Dormer asked me what would be the lowest salary I would take—I said for the first year I would take 150l.—he said he thought that was all right, and "You will have to take some shares as security," for honesty, I suppose—I asked how many; he said "What do you say to 10 fully paid-up shares?" that would be 50l.—I said on condition that should I be discharged or not suit them in any way the directors would give me a guarantee that the money be returned—Dormer said "Certainly, you can embody that in your application"—he told me to come back on the Wednesday and he would write to my references—I called on Wednesday, the 24th—Dormer told me he had received a very good answer from Edinburgh, but he wanted a farther reference; he said "You had better go into my partner Mr. Stuart's room, and write out your application for the appointment"—I did not see Stuart at all that day—I wrote out and left the application—I think I called the next day, Dormer said my application had been accepted by the directors; Stuart was present on the 27th in Dormer's room, I filled up one of these application forms for shares, and paid 30l. (The form was to the effect that he paid a deposit of 30l., being 3l. a share on 10 shares.) Stuart filled up the body of it and I signed it—the form has the names of the directors on it—I laid down the money in 5l. notes on the table in the presence of Dormer and Stuart, Dormer counted it and put it back on the table—Stuart filled up this receipt and signed it "Stuart, Secretary pro tern."—I was to have paid the balance on 15th, I asked them if I could have a little longer time to pay it in—Dormer said "You had better pay it on the 15th, or you will lose caste with the directors"—I was to commence my duties as sub-manager on the following Wednesday, 1st July, at 10 o'clock—in conversation it had been mentioned that somebody would have to go to Scotland to get accountants, auditors, brokers, and solicitors—on 30th June I called at 6, South Square, owing to Stuart having called at my office—I saw Stuart, who said "I only came to tell you you need not come till Monday"—on Monday, 6th July, I went and saw Stuart, and said that, having friends in Edinburgh, I would simply charge them with third-class travelling expenses to get the brokers and so on, because I had a good connection in Scotland—Stuart said the prospectuses and things were not ready yet, and I had better call on Wednesday—on Wednesday I called and saw Dormer, who said "We cannot tell you when you will have to go, there is so much correspondence, come in every day at 1 o'clock"—I called every day at 1 o'clock up to 24th July—on 13th July I paid the balance of the money, Stuart wrote out the receipt—on each of the days I called I was told either that the prospectus was not ready, or that they were awaiting some advice from Scotland—Stuart said on the 23rd they had got 2,000 prospectuses printed, and he thought they would be issued on the Monday after, they had some clerks addressing wrappers—on the Monday I saw Moore—Philpott generally opened the door to me—on the 24th Stuart said "Well, you are going off to-day to Edinburgh"—Dormer said (I don't think Stuart was present then) that I was to go off to Scotland and get the best solicitors, auditors, and brokers I could—he then handed me 5l. out of his purse, and said "That will take you down, and from time to time we shall be writing to you, and we will send you more"—I started that evening, taking with me a letter-book, diary, and a number of prospectuses and application forms and printed stationery with the bank heading which Stuart and Philpott put
up for me—the diary I have used since, I put down every day dates and things—up to 24th July I had known no one by the name of Dormer, I always knew Dormer as Erlebach, and on that day I said to Stuart "Who is Dormer?" alluding to the name on the door—he said "I really cannot tell you, it was on there when we came to the rooms"—in Scotland I proceeded to canvass persons to become auditors and solicitors and brokers, and so on—I corresponded with the office in South Square almost daily, and received letters in reply—I addressed them as Erlebach and Co., and the first letters I received at intervals up to 18th August were signed Erlebach—I received this letter of 5th August, written and signed by Stuart. (This, among other matters, requested him to address his letters to Stuart as secretary, and not to the firm.) Between 18th August and 13th October I wrote various letters addressed to Stuart as secretary—I got no answers to those—on 30th September I wrote a special letter for my three months' salary; I had no reply, and wrote others, and then I telegraphed to stuart and received this reply, "Stay, will write to-morrow. Stuart, London"—about three days after I received a letter, after having written two more letters. (This stated that he thought it was understood the salary was not to he paid until after allotment of shares, as until that woe done they had no funds in hand, and that they were working the matter at the highest pitch, and would like him to do the same in Scotland.) On 17th October I returned to London, never having seen anything beyond the 5l. which I started with—on the 19th I called at 6, South Square—Philpott opened the door and showed me into the waiting-room—I afterwards saw Stuart, who said he was glad to see me and was pleased with what I had done, but he was over head and ears in work that day, "Will you come back on Wednesday at 2 o'clock, and I will give you till dark to talk over what has been done; you can have a holiday to-morrow to put your house in order"—I called again on Wednesday at 2 o'clock, and saw Philpott only, who told me to come back next day at the same time—I did so, and saw Stuart; he referred me to that letter he had written about no salary being paid until the allotment of shares—I told him it was very hard lines I should go and live with my people and receive no salary—until then nothing had been said about salary not being paid until after allotment—Dormer told me my salary should be paid monthly—Stuart said he was going to have a meeting of the directors, and he would put the matter before them strongly—that was on the Monday, the first day I came back—I said "Is the bank going to go on?"—he said "Most certainly"—I called after the supposed meeting of directors—I saw Stuart; he paid me no salary, he said the directors had instructed him not to pay me until the shares were allotted—he told me to come back in a few days—on 10th November Stuart told me he thought they would not open until the end of the year—I offered if they paid me all due to the end of November, namely, 62l. 10s., I would not charge them during December unless I worked—Stuart then wrote out and signed my letter of appointment as sub-manager, which I had been asking for ever since I joined—I had it stamped afterwards—I said to Stuart I would not leave until I got it—Stuart said he would lay my offer about taking 62l. 10s. before the directors—I called on Thursday, 12th November, and saw Stuart; he said the directors were struck with my offer, but they would let him know on Saturday whether they would accept it or not—I called
again on various occasions after that—I never got any money except the 5l. for expenses—I called on the 19th, and saw I Philpott, who said Stuart had been called away by telegram, "But he told me to tell you that you will get something on the 2nd or 3rd December"—about two hours afterwards on the same day I met Stuart in South Square; he was very indignant, and asked if I had not got his message from Philpott; I said yes, but I was not satisfied—he said the directors would not accept my offer, as they might require my services during December—the last day I saw Stuart was 23rd November, at the office—on the 25th I found it shut up when I called about noon—I waited till half-past 3, no one came; there was a notice on the outside door, which was closed, "Gone to the City"—just as I was leaving Philpott came back and said Stuart had not been at the office that day—I cannot say if he gave any reason—on 27th November, at 11 o'clock, I went to the office; the place was shut up; there was a notice on the door "Gone to the City, return at 1"—I waited till a quarter past 1, no one came—on 28th November I went up considerably before 10 o'clock; the place was shut up and no one was in—I came down and waited in the next corridor—about 10.30 I saw Philpott pass; I went up, the outside door was still shut; there was no knocker or bell—I went and waited downstairs again till 11.45, and went away, not having seen Philpott come out, and leaving the place still locked up—on 30th November I met Mr. Moss in Chancery Lane with Philpott—just as I came up, and before I said anything, Philpott said "I am in the same boat with you" (I took these notes on the nights of the days the conversations occurred), "having been working for nothing; I never knew it was a swindle until last week; all the time Mr. Wood was in Scotland I thought it was bond fide"—I asked Philpott if he could tell me where Dormer was—he said "I daren't do it"—I asked where Stuart was—Philpott said he did not know, he had not been at the office for some days—I then went to Scotland Yard with Mr. Moss and Mr. Campbell—Stuart had spoken to me of Dormer as his partner; he said for instance "My partner looks after the finances."
Cross-examined by Dormer. I saw your name on the door; you always sat in that room; I thought your name was Erlebach; you never said you were Erlebach, but I called you by that name, and you never repudiated it—I never spoke to Moss or any of the clerks in the office—before I parted with my money you said no shares were allotted, but that there were a great number of applications—the prospectuses had only just come with the application forms on them—there were letters on the table—the only letter from you was one written by Philpott and signed by you, telling me I was not to call on a certain day—I had no letter from you relating to the bank—I always wrote to Stuart, because I knew he was secretary—I carried out his instructions.
Cross-examined by Stuart. I was not told a bank was in existence, but you said you were going to start a bank to be called the London and North British, and that there were numerous applications for shares—I asked for a guarantee that I should get back my money—I can't say if I said anything about that at the Court below—you said you could place 10,000 shares in Glasgow with your friends—I volunteered to go to Scotland—I cannot swear if I said my expenses would be three guineas—I did not go to Scotland to get accountants; an auditor is the same thing there; I was to get agents too—you and Philpott put
about 400 or 500 prospectuses I should think in the parcel I took—I got more than 50; I gave away a tremendous lot—you did not say the day before I went that you had wrappers for 20,000—no one was present when Dormer gave me the 5l.; you and Philpott were in the next room—I wrote for no money—I had a balance of 2s. 3d. when I returned—I make no complaint about the travelling expenses—there were two doors at the office, one with the name Dormer and the other Stuart—the day after I returned we were in the waiting-room and the door was open, and we could see Dormer's door, and I asked who he was, and you said "I really cannot tell you"—you never told me you had been told that Erlebach had retired from the firm about the end of November—you told me Erlebach was an old man and could not do any work, but he was one of the directors—at the police-court I said you told me the name was on the door when you went to the office—I noticed the office was newly painted—I made the entries in this diary either the same night or the first thing next morning—I swear I saw you on Wednesday, the 23rd, for the last time—I did not offer to come to the office and work for nothing during December—it was arranged by letter my salary should be paid monthly—previous to that we had discussed the salary—three months' notice was to be given on either side—you wrote and said something about you understood my salary was to be paid quarterly—there was a discussion after that—you never specially said you were a promoter of the bank—at first you and Dormer said you were starting the North British Bank.
Cross-examined by MR. COOK In my diary of 19th November I have the entry "Called at office as intimated by letter of 13th; told by clerk Mr. Stuart was not in"—Philpott was the clerk—I think on that day I waited in the next corridor; it was hardly possible for Philpott to have passed out without my seeing him—I won't swear he could not—I know nothing about Philpott's duties—I never saw him do anything.
Re-examined. This is the written application I made for the appointment. (The last clause of this was to the effect that he would take 10 fully paid-up shares, which the directors were to take back at par in the event of his being discharged.) Dormer told me to keep the 2s. 3d. I brought back from Scotland—I never saw anything of the old man Erlebach who had retired.
LORD HENRY FITZWARRINE CHICHESTER . I am the son of the Marquis of Donegal, and a member of the Beaconsfield Club—I occasionally reside at Ponslingford in Suffolk—I first heard of this prospectus of the London and North British Bank, Limited, in September last, by a letter which I received from a Mr. Ramoux—I never consented to become a director of that bank, and never authorised any one to print my name on the prospectus—I then consulted my solicitor, Mr. Crowther, at his office, where Mr. Ramoux brought the prospectus, and I for the first time saw it with my name printed on it—soon after instructing Mr. Crowther to do what was necessary he brought me this letter in Stuart's writing. (This stated that Stuart undertook, on behalf of the bank, that Lord Chichester's name should not appear on the prospectus again.) I never attended a meeting of the directors of this bank, I never heard of it—I never received such a letter as this, indemnifying me against any loss in respect of the bank in consideration of my becoming a director—I know Mr. Montague Loftus Tottenham.
Cross-examined by Stuart. I have known Mr. Tottenham about a year; I dare say I knew him last June—I never in that month had any meeting with him about this bank—I sometimes sign as Fitzwarrine Chichester—there is no apology in this letter, but I was content to accept that—I never told Mr. Ramoux that if he took any proceedings against you I would appear as a witness.
Re-examined. I never put my name to any kind of document which could be construed into my becoming a director to the bank—Mr. Crowther was my solicitor, and I left it in his hands for him to do what he thought fit.
JOSEPH ELLIS . I live at Trinity Street, Priest Gate, Peterborough—on 3rd July I saw an advertisement in the Daily Telegraphy to which I replied, and on 8th July I received this printed application form, which I filledup and sent back addressed to "William Patterson Stuart, Secretary." (In this he undertook to deposit 50l. or take 100 shares as security.) On 18th July I received a letter signed "Erlebach and Co." (Stating that they found his references satisfactory, and that if he would call they could complete the matter.) I called at 6, South Square on 20th July—Moss admitted me; I was shown into Stuart's room, and was taken into Dormer's room, where I saw Dormer and Stuart—Dormer spoke principally, and we talked over the matter, and it was arranged I should come on the following Thursday to commence my duties as clerk and pay my deposit—Dormer said it would be much more to my interest to make my deposit 100l., it would make me stand better in the eyes of the directors, and I should receive 12 1/2 per cent interest at least—the security was against breach of trust—on Thursday, 23rd July, I called at the office and paid 100l. in 10l. bank-notes to Dormer in Stuart's presence—Philpott then brought in this agreement, which I signed, and Stuart witnessed, after I had paid my 100l. (This was headed London and North British Bank," and was an agreement that Ellis should be employed as clerk or in such other occupation as the directors might think fit; that he should divulge none of their secrets; that he should deposit 100l. at the same rate of interest as that of the yearly dividend of the bank, and that that sum should be returned when he left the service, unless he was discharges for breach of trust or dishonesty, and that his salary should be 150l. per annum.) The receipt was endorsed on that—Dormer said I could not commence yet because the offices were not ready, and that I was to come next morning—I understood the offices were at Finsbury Pavement—I went next day, and they told me to go on Monday—I then went to South Square, and Stuart set me to direct wrappers—I went there for six weeks doing the same work—one day I went on little errands to auction rooms to inquire about the dates of furniture sales; that was to kill time, I suppose—on 11th August I gave a month's notice to Stuart by letter—previous to that I had written asking the directors to reduce my deposit, and had given the letter to Stuart, who said he would put it before them—I got no return of any of it; I think that matter dropped because I gave notice to leave—I saw Stuart several times after that—he end of the first month he said, "The directors think, as you are leaving so soon, you had better leave the settlement till you leave, and settle altogether"—I did not see Dormer about the salary; nobody ever suggested I should see him—I continued at the office after giving notice—before the month had expired Stuart gave me leave to go home to
attend a funeral—while away I received this letter dated 5th September. (This said: "I am instructed to inform you that your services are dispensed with for the remainder of your notice Send me your address that I may write to you. I am off to Scotland, and will send you my address that you may know where you can write to me.") I went back to the office the day after receiving that letter, before the expiration of my month, to see if there was anything to do at the office, notwithstanding the letter—I several times applied to Stuart for my salary; I never got any—he gave as a reason that one of the directors was away in the North of England, and that three of the directors had signed a cheque, but that he could not cash it till it was signed by the fourth—he appointed another day for me to go—he said my money had been paid into the same bank, but he would not tell me which it was—after several applications Stuart gave me this promissory note, dated 17th September, for 105l. 2s., at two months, signed by Dormer and Stuart—the body of it is in Stuart's writing—I went to the office up to past the middle of September—I presented the note when it was due on 20th November; it was dishonoured—on 17th November I received this letter asking me to renew with 5 per cent, interest added—it was not renewed—I received none of my deposit and no salary—I had noticed the name of Mr. Tottenham, 13, Park Lane, as a director—I inquired at 13, Park Lane, and afterwards said to Stuart I had been there and learnt that no individual of that name had lived there—Stuart said he had been told the same tale by a gentleman in the street.
Cross-examined by Dormer. Stuart signed the agreement.
Cross-examined by Stuart. Previous to writing to the directors for the return of part of my deposit I asked you and you said "You must see Dormer, he is the chief"—I said nothing about the four directors having to sign a cheque at the police-court; I was not asked about it—I never suggested that you collared my money; I said I did not like the way Dormer removed it to his side of the table—I cannot say I remember saying that I believed Dormer had had the money and spent it himself—you only said my deposit had been paid into some bank—you perhaps said Dormer would undertake the responsibility of the promissory note—an arrangement was made before I took it that I should give up the agreement and all claims and I endorsed the agreement to that effect (This was: Received from Dormer and Stuart, a joint promissory in full discharge of 120l. 2s. 6d.) I did not agree to giving up my copy of the agreement at first—I cannot remember saying that. I looked on Dormer as the person to pay it or that I hoped Dormer would keep his part of the bargain—I might have said I hoped both of you would.
Cross-examined by MR. COOK. I thought Philpott was a clerk and I thought Moss was a clerk, the same as Philpott; I did not know till recently what his position was—I was to be a clerk in the bank—I did not know if they were clerks in the bank—I thought Philpott was a clerk connected with Erlebach and Co. and I thought the bank was distinct from Erlebach and Co.
Re-examined. I did not ask Philpott if he had paid 100l. for the privilege of being a clerk.
JOHN JOSEPH CHAMBELL . I live at 45, Charles Street, Reading—in August last I Raw an advertisement in the Daily Telegraph and replied to it, and on 29th August received this letter (This was signed Erlebach and
Co., 6, South Square, Gray's Inn, requesting the witness to call there on Monday at 9.30.) It is in Philpott's writing, but I am not certain whether it is Dormer's signature or not—I called there on Monday and saw both Dormer and Stuart—Dormer asked me what experience I had as a clerk and I gave him my references—he found out I was a teetotaler and he began to talk about some of the leading men in the Temperance movement—toe also asked what sum I could deposit as security for my honesty—I said I could not deposit 50l., but I thought I could manage 35l. or 30l.—he agreed to that, and asked me to call again—Stuart was present the whole time—nothing was said then about what the business was or what I was to be; I did not ask—I went again on 6th September and saw Dormer, and on 7th September I paid down 30l. and I saw Dormer write this receipt—I saw nothing of Stuart then—I saw Philpott in the clerk's office—I was then set to work in Philpott's room to copy a memorandum of an association from a draft; that took me a day and a half—I attended the office for about three weeks—I had to copy prospectuses of the bank—at the end of that time I paid a visit to Scotland Yard to make some inquiries, and some days afterwards I saw stuart—I had seen him before in the office—I did not see Dormer after I paid the deposit—Stuart gave me the instructions for copying those documents—Stuart said he had found out some of the clerks had been to Scotland Yard and he had asked all but me and they had all denied it, and he asked me if it was I and I said "Yes," and he asked me what my object was in going there; I said "To find out something about the firm"—he said "Well, we shall not be busy for some time yet, and you need not come to the office until we send for you"—I then stayed away until the 7th of October, pay day, when my month was up—I went and saw Stuart there and asked for my month's salary—he said Dormer was ill, and I should have to wait until he saw him—I called again several times after that and saw Stuart; he made some excuse or other that Dormer had the management of the cash and I should have to wait to see him—I saw Dormer once after that und asked him for it, and he said "You have been suspended for going to Scotland Yard, and you have no salary due to you, but if you like to leave we will give you back your money"—on 21st October I received this letter in Philpott's writing and signed by him. (This stated that Dormer could not be at the office until Monday.) On the 27th I saw Stuart and he paid me 5l. on account of 6l. 10s., my month's salary, and I gave him this receipt—when he gave me that he said that was my real salary—I last saw Dormer on 20th November—on 19th November I wrote that formal resignation of my appointment—I went to the office on that day and saw Philpott; he said he had had orders not to admit me into the office; he did not say why—I refused to go away, and Stuart came out to see what I wanted; I then asked him for pen and paper and wrote out that paper. (Resigning his appointment and requesting his deposit to be sent to his residence at Pimlico.) When I returned home I found this letter, in Philpott's writing, there. (This was signed Erlebach and Co., and stated that they were advised they were not indebted in any way, and that they must request a month's notice of withdrawal of his deposit.) I called again at the office on 28th November and found it shut up—I never saw any one after that—I never got back my deposit or the balance of my salary—during the three weeks I was there I had conversations with Philpott—I asked him once how many partners there were in the firm; he said "Two, Stuart and Dormer"—I asked him
where the bank was to be, and he said in Finsbury Pavement—once or twice, when he was leaving the office and nobody in there but myself, he has told me if anybody called I was not to answer the door—the office opened at 10 and closed at 4 while I was there, and sometimes I found a piece of paper on the door with "Will be back in a certain time" in Philpott's writing on it, and I had to sit on the stairs sometimes a quarter of an hour to half an hour, till Philpott came back.
Cross-examined by Stuart. No one was with Dormer when he gave me the receipt for the 30l.—Moss was present when you spoke to me about going to Scotland Yard, your meaning was that you had been told by come one that I had been to Scotland Yard—I went there to find who Erlebach and Co. were, I thought that was the right place to go; I did not get references from Dormer, I did not ask him for any—you had no objection to letting me into the office, I did not hear you ask Philpott why he had objected to my coming in—some of the memorandums I copied were memorandums of the bank, and some were of a Wood Pavement Co., I think I made seven of them.
Cross-examined by MR. COOKE. It was usual for Philpott to write the letters, I usually saw him in the clerk's office—Philpott said "I have orders not to admit you"—the notice on the door in Philpott's writing was about lunch time; I had seen several of them on in Philpott's writing; I cannot say that that was his habit about lunch time.
FRANCIS MAXWELL IRVING . I live at Browfield, Red Hill—on 16th October I saw an advertisement in the Daily Telegraph and replied to it, and received this letter, in consequence of which I went to 6, South Square; Philpott showed me in, I saw Dormer, who said he wanted a premium of 30l. or 50l.—it was afterwards agreed that I should give 30l., and my father in my presence paid it to Dormer, who gave him this receipt—I saw Dormer write it—my father is Captain Alwyn Irving—it was arranged that I was to commence my duties as a clerk on 26th October, but I had a letter putting it off as Dormer was having some gas fittings put up—I went there on 2nd Nov. and Philpott took me to Somerset House, and told me to take down notes of all the Wood Paving Companies, which took me some days—I then went to the Patent Office in a similar kind of work, I don't know whether Stuart or Dormer sent me there—I asked Philpott whether there was any other clerk, he said yes, but he had gone away for his holidays—I left about 24th November—some days before the end of November I asked for my salary, Stuart said he supposed I should get it on 2nd December—he also said that Dormer was ill, and I need not come up till the following Monday—I stopped away till Monday and received this letter dated 28th, in Philpott's writing. (This stated that Dormer was still ill, and that the witness need not come on Monday, and that they would write again on Tuesday.) On the day I went to get my salary I found the place shut up—I never saw any of them again and never got my salary or my deposit.
Cross-examined by Dormer. When I first came you said I was to take the place of Philpott.
Cross-examined by Stuart. I made no reference to you at the police-court—I saw you while I was in Dormer's employment, and had conversation with you, but it had nothing to with those companies.
Cross-examined by MR. COOKE. Dormer said I should have to go about the City with him—he called Philpott by that name.
ROBERT RUXTON . I live at 86, Alexander Road, Barnsbury—I saw an advertisement in the Daily Telegraph, and replied to it, and received a letter, in consequence of which I went to 6, South Square—Philpott showed me in, and I saw Stuart—he asked how much premium I could give; I said I would give 40l.—he said that was splitting the difference; he had asked before 30l. and 50l.—I went away and then received this letter; I can't be sure whether it is in Stuart's writing. (Asking the witness to call on Tuesday.) I called again at the office and saw Dormer and Stuart—Stuart said "You had better come and see my partner," and he took me to Dormer—after being introduced Dormer asked me how much I would give, and I said 40l.; I can't say whether any date was mentioned on which I was to pay it—he asked whether I could pay any deposit then, and I paid 2l., and on the following Monday I paid the other 28l.—I got this receipt from Dormer; I think Philpott wrote it out—it was arranged that I should commence duty on the Monday following, as they were having gas-fittings put up—I went on that day, and Stuart set me to copying things out of books—on 26th November Philpott said I could take a holiday, as the governor was ill—this letter, dated the 28th, addressed to me, is from Philpott. (This stated that Dormer was very ill, and that nothing could be done in his absence, but that he would write on Tuesday. Signed by Philpott for Erlebach and Co.) On 2nd December I went to the place and found it shut up—I got no salary.
Cross-examined by Dormer. I understood I was to be a junior clerk, not that I was to do copying—I believe the accounts made out were for collection.
Cross-examined by Stuart. I had had no office experience before this—I first heard the amount of the premium the day I called—I previously ad a letter, which I have lost; in that it stated that a premium of 30l. to 50l. would be expected—I knew about the amount of the premium before I saw you at all—I made out accounts from a book on to foolscap paper—when Philpott said the governor was ill I did not ask him which governor, or who the governor was, but I believed you were Dormer's partner; I had two governors—I paid the money to Dormer, and I don't think any one was present but he and I—I was sent to hunt up Mr. Tottenham—I went to 2 or 3, Great James Street, Theobald's Road, and 57, Lincoln's Inn—I found a name on the doorpost; he was not denied; they said he had gone to the country.
Re-examined. That was in November.
ALFRED SORRELL . I live at 37, St. Andrew's Square—in November last I lived at Eastbourne—on 10th November I saw an advertisement in the Standard for a secretary; I answered it and received this reply (produced), in consequence of which I went to 6, South Square on 13th November; Philpott admitted me and showed mo to Stuart, who gave me a prospectus of the London and North British Bank, and said the secretaryship would be given to the one who could take up the most shares; that he was acting secretary pro tem., and had one or two other appointments—I offered to take up 50 shares—he said that that was more than had already been offered, and I left him with the understanding that I was to take 40—I called and saw him again on the 16th and asked him what was the prospect of floating the bank—he said "Very good," and said that he had a good many promises, chiefly in Scotland, I believe, but that the prospectuses were not to be issued till after the elections—on 17th November I
called again and saw Dormer; Stuart, I believe, introduced him simply as Mr. Dormer, not in connection with him at all—on the next day they said my salary was to be 225l., and that the appointment was to date from 1st November—I was also to take up 40 fully paid up shares of 5l. as a deposit—I then gave a reference to my solicitor and consulted him about it—Stuart went with me—he questioned Stuart about the bank, and after Stuart had left he advised me about it—I went again on the Monday and he said he would take a bill for 100l. and 100l. to be paid down—I said I would consult my solicitor, and on the 22nd or 23rd I received this letter from Stuart, that was after I had written to them—on the 25th I called at the office and saw Philpott, he said no one was there but he expected some one about 1; I think he said that Stuart had something to detain him.
Cross-examined by Dormer. I only saw you once, and when I spoke about an agreement you said that Stuart had better settle it with my solicitor.
Cross-examined by Stuart. I received no printed form to be filled up—it was afterwards agreed that I should only take 40 fully paid shares, that was made in my solicitor's office and also in your office—my solicitor said "You are making a deposit of one year's salary"—you said the 50 fully paid shares was far in excess of any other offer—I do not remember the word "expected"—you said provided the bank turned out a success I could have power to make a full investigation—I do not remember what was to be done with the 200l. until the allotment of shares, it was not arranged that it was to be lodged in any bank jointly till the allotment—I first suggested this bill, and if any one suggests that you did and tried to get it out of me, that is not true—my solicitor said that I should be careful—I have been a University tutor—I don't remember telling you that I had lost 250l. in tuition, and had never been able to pay it out of my earnings.
ARTHUR NEVILLE BERESFORD LESLIE . I live at 24, Queen Street, Edgware Road—from June to September last I was living at St. Albans House, Maida Hill—in November last I had a letter from Major Moore, directed to me as a director of the bank—prior to that I had not heard of the London and North British Bank, Limited, and had never consented to become one of its directors—I replied to him—I first saw the prospectus the day before yesterday—I heard in March that my name was on the prospectus, and instructed my solicitor to communicate with the Treasury—I know Mr. Montague Lowestoft Tottenham—I never received this letter of 29th June, 1885, indemnifying me from loss if I became a director—I never saw the three defendants till I saw them at Clerkenwell.
Cross-examined by Dormer. I have known Mr. Tottenham 15 or 16 years—I know his writing—I am a private gentleman—this (produced) is very similar to Mr. Tottenham's writing, but it is not to the best of my belief.
(This was from Mr. Tottenham to Erlebach and Co.: "18th, 7 p.m. You have not sent me draft prospectus as promised; send one the first thing. Lord Fitzwarren Chichester, self, and another, will come on, but let me have draft prospectus.") I had no conversation whatever with Mr. Tottenham about this Company till after proceedings were taken—I had not returned from America in June—if Mr. Tottenham used my name it was without my knowledge and consent.
Cross-examined by Stuart. If "the other" in that memoranda refers to me it is not the truth—I know that Mr. Tottenham had premises at 57, Lincoln's Inn Fields, and that afterwards he removed to 5, Great James Street, Bedford Row.
ARTHUR CROWTHER . I am a solicitor, practising at 14, Bedford Row—on or about 21st December last, Lord Chichester consulted me with reference to the London and North British Bank, on the prospectuses of which his name was printed as a director, and I was instructed to take any necessary proceedings—I went to the office, 6, South Square, about 21st December, saw Stuart, and asked him by whose authority he had put his Lordship's name upon the prospectus; he produced this document, the body of which was in print, with Lord Chichester's signature in pencil—I told him it was not Lord Chichester's signature, and if they did not take his name off the prospectus I should prosecute the whole lot, and he undertook to take it off—I think the signature was "Fitz Warrene Chichester"—this copy is in my clerk's writing, but the signature was in full, this is "Chchr." (This stated: "I consent to become a director of the London and North British Bank, and request you to print my name on the prospectus as such," dated 30/85.) The signature was in pencil, and was not Lord Chichester's—I was afterwards retained by Mr. Leslie—I think I told him his name was on the prospectus—I did not see Stuart about it till I saw him at the police-court—I think he said that he had authority to put the name on, and then he wrote this promise to withdraw it.
Cross-examined by Dormer. I never saw you at the office—I am quite sure that that authority was copied in your presence, because Lord Chichester wished me to have a copy of it—I nave no signature of Lord Chichester's to compare it with—it is dated 6, South Square.
Cross-examined by Stuart. To the best of my belief this is not Lord Chichester's signature—Mr. Edward Terry, of 6, Pall Mall, was with me when I called on you the first time; he conducted the conversation partly—I don't think he was excited—he is Lord Chichester's agent—most decidedly you produced a paper with a signature on it—I don't remember your saying where you got it from—I know Mr. Tottenham—this is the letter you gave me—I was satisfied with it because the prospectus was not issued to the public.
JOHN TONBRIDGE (Re-examined). I was present at the police-court and heard Mr. Lee give his evidence in the presence of the prisoners—they had an opportunity of cross-examining him. (The deposition of Vandeleur Lee was here read.)
WILLIAM GILLETT MORRIS . I am a solicitor practising at 1, Gresham Street, City—I became acquainted with Dormer in February or March, 1885—sometime after that I consented to become solicitor to a bank which was to be called the London and Scottish Bank, and I afterwards found the name changed to the London and North British Bank—I am the William Gillett Morris mentioned in the prospectus as the solicitor—I defended an action brought by Davies against Dormer, but I did no business as solicitor to the bank—that was the case in which Dormer and Stuart under my supervision filled a joint affidavit; they got judgment, and appealed from the Master to the Judge, and afterwards to the Divisional Court, and ultimately to the Court of Appeal—I have never been paid any of my bill of costs—I had two cheques, for 1l. 3s. 6d. each,
which I paid to Counsel, and one for 3l. 10s. 6d., which was returned dishonoured—Dormer gave them to me for money paid out of pocket—in November I got an application from Major Moore, I took it to Dormer and told him the money ought to be returned, it was not returned to my knowledge, and in consequence of that and other matters which came to my knowledge, on 26th November I wrote a letter to Stuart asking him to withdraw my name from the prospectus.
Cross-examined by Dormer. If you had paid 50l. into Court there would have been an end of the matter.
Cross-examined by Stuart. I did not look upon Erlebach and Co. as the bank—the promoters of the bank were Dormer and yourself; I heard that from you both—I did not say at the police-court "Dormer did not tell me who the promoters of the bank were"—I only wrote one letter to you—my bill of costs stands in different names, Erlebach and Co. and Dormer, and Stuart, and one with the bank, generally with Erlebach and Co. and Dormer; I don't think I had any account against you as an individual—the cheques I got from Dormer were signed by him.
Cross-examined by MR. COOKE. I saw Philpott on several occasions, I had no transactions with him except in bringing messages from Dormer and Stuart to me, and seeing him at South Square—I only knew him as a clerk.
TATE SERVETUS MANSFORD . I carry on business with my mother at 95, Finsbury Pavement, as stationers—about February, 1885, Dormer, who I had previously known, gave me an order for some stationery; he had an office at 26, Finsbury Pavement—he asked me whether we could do some printing for a public company, and I said "Yes"—about February, 1885, I received an order to engrave three card plates, one was "Erlebach and Co.," one "W. Stuart," and one a considerable time afterwards, for heads of letter paper—I printed a lot of papers with headings of Erlebach and Co., and on 18th February, 1885, I received an order to print a preliminary prospectus of the London and North British Bank, and the London and Scottish Bank; I printed it and sent copies to Finsbury Pavement—it was all in blank, there were no officers and no directors—it was printed from a written draft—I printed different proofs of them up to May 14th, when the name was changed to the London and North British Bank—from that time up to June 22nd I printed different proofs of this prospectus of the London and North British Bank, on 22nd June I first printed copies with the directors' names; this copy with the names in red ink on it was supplied to me, it is I think in Philpott's writting—I printed some with it, and then printed some more with Fitz Warrene spelt right, and with "Suffolk" altered to "Norfolk"—the orders were from Dormer, I don't think anybody else—I received an order from Stuart for envelopes to be supplied to the office—about June, Dormer took one room over my shop as an office, no name was put up—after that I saw Mr. Watson and Mr. White, who have called there frequently; I don't know whether they were engaged or not—I never saw Stuart in the room, I have seen him come there—I engraved a card plate for Stuart, "P. C. Stuart, 6, South Square, W.C."—it was charged to Dormer, the whole account stood in Dormer's name—in November they owed us 78l., and 8l. for printing for the bank—I called for it at the office constantly, and always saw, sometimes Stuart and sometimes Dormer; they made all sorts of excuses; we have had 20l. or 30l. from them, and 78l.
is the balance—after getting the order to put the directors' names in we got an order to print some without any names, which we refused, that was about August I think.
Cross-examined by Dormer. The room had been previously used as a I building society and bank—in November there was a balance due to us, including two quarters' rent, of 73l.—you were my tenant—you had a small account with us before this—we were always paid then—the last cheque was in May.
Cross-examined by Stuart. I cannot say whether any bank was mentioned when the first printing order was given, I did not take that one—I was not told who was starting the bank—we considered Dormer liable for the rent because he took the rooms—he told us to look to you for payment for the bank.
Cross-examined by MR. COOKE. We first printed prospectuses for the London and Scottish Bank in February—I did not look upon Philpott as a principal in the matter.
SIDNEY CASBORNE . I am a clerk in the office of the Registrar of Joint-Stock Companies, Somerset House, and produce a memorandum of association, dated 11th June, 1885, by William Patterson Stuart, secretary pro tem., 6, South Square, Gray's Inn—there is a list of seven subscribers, Stuart, Phillips, Erlebach, Wilson, Charles C. White, Alfred W. Moss, and Charles F. Watson—this is the original certificate taken out on 12th June (produced).
Cross-examined by Dormer. The amount paid for the stamp is 29l. 5s.—a certificate of registration could be obtained for 2l. if the nominal capital had only been 200l.—this stamp covers 200,000l.—it is a very common practice to register companies with directors with only one share.
Cross-examined by Stuart. If you had done so the certificate would have been all the same.
Re-examined. It would not have imposed upon the public so easily—I never heard of a bank registered with a capital of only 2,000l.
FREDERICK WILLIAM MUSGRAVE . I am chief clerk in the Steward's Office, Gray's Inn—we had an office to let, No. 6, South Square, Gray's Inn, and in January Dormer called, gave a reference, and afterwards took the office at 50l. a year on an agreement for three years—there were four rooms—he said that he was an accountant—I had nothing to do with receiving the rent—it was given up a few months ago.
Cross-examined by Stuart. The offices were taken in the name of Dormer and Co.—I cannot remember the reference he gave, but Mr. Bolton, the landlord, considered it satisfactory; it was not to Erlebach or to Stuart.
HENRY WILLIAM MOUTI . I am articled clerk to Bolton and Mouti, of 11, Gray's Inn Squarer—on 14th December I was present when a woman brought in the keys of 6, South Square, and Mr. Bolton paid her 4l. 5s. 3d. for gas-fittings left at No. 6—she brought me this receipt on the back of the agreement signed "W. Dormer."
Cross-examined by Dormer. The gas-fittings were the only fixtures I saw—there were some double doors there, I do not know whether you put them up—I believe the blinds were yours—I had no list—only one quarter's rent was paid, and you left a few days afterwards—Mr. Bolton was glad to get rid of you and get possession with the fixtures, and he
consented to forego the rent rather than wait for you to give notice and go out in the ordinary way.
JOHN DODSON . I am a gas-fitter, of 29, Fetter Lane—about the end of October I received an order from Mr. Dormer to put up gas-fittings at 6, South Square—my first account came to 10l. 18s. 10 1/2 d., and the final account 11l. 9s. 0 1/2 d.—I have never been paid—I saw no one but Dormer.
LUDWIG KUHLMAN . I am a chemist, of 26, Finsbury Pavement—Dormer had an office over my shop at the beginning of 1884 as an accountant—I have seen Stuart there, and I may have seen Philpott—soon after Dormer came I saw a letter addressed to Erlebach and Co., and I wrote a letter upstairs to his office, and he wrote this letter back: "In reply to your favour I beg to say that I have not underlet any portion of the office, but the name of Erlebach is the name of a firm which I have taken over. November 3rd, 1884"—the rent was not paid at the end of December, 1884; I made frequent applications, and could not get it, and on 25th December I gave notice to Dormer to leave in March—on 7th March I went up to the office and found the better part of the furniture was gone—the gas was flaring and the place was ransacked—I turned the gas out, and 24 hours afterwards, nobody having come in the meantime, I locked the door—I believe I have seen Stuart in the office, but I never spoke to him—I think I spoke to Dormer about him, but it did not much matter, as we had given notice—on 10th March I received a letter from Mr. Morris, the solicitor, demanding possession of the office, and we gave possession at once—about a week after that I was served with a writ, demanding compensation for turning him out of the house, and claiming 100l. damages—I went to a solicitor and paid 2l. 2s. into Court, and afterwards by his advice paid another 5l. into Court and abandoned my claim for rent—the arrears were about 10 guineas—there have been a good many inquiries for Dormer since he left.
Cross-examined. The rent was paid up to December 7th, 19l. 6s., but there was a balance of 7l. for attending to the offices.
Cross-examined by Stuart. I first saw you there in December, January, or February—I cannot swear to you, but I am pretty sure—plenty of letters came there for you, but that did not make you responsible for the rent—I have assistants in my place, and letters come addressed to them.
Cross-examined by MR. COOK. I had no transactions with Philpott.
WM. W. HARDY . I am a furniture dealer, of Curtain Road, Shoreditch—in February, 1885, Dormer gave me an order to furnish the offices at 6, South Square, which I did—my account came to 40l. odd; it was a hiring agreement—I afterwards supplied furniture to him at his private house, 28, Ridley Road, amounting to 78l., also on hire—up to October I had received 20l. or 23l., and on 6th November I received 5l. by cheque—I had two cheques of the London and South-Western Bank—I presented one, which was returned dishonoured, and I did not present the other—some days after I went to the office at South Square—I saw a clerk there; as I was leaving I met Philpott and said I had come respecting a payment—he said he supposed I should see Dormer in a day or two—I afterwards took a locksmith and got into the office and took my furniture away—that was early in December.
Cross-examined by Dormer. I recollect you coming to me in a cab in
September—I think you showed me your foot; I could not say you walked lame—I have got all the furniture back.
Cross-examined by Stuart. I never saw you till to-day—Dormer hired the furniture.
Cross-examined by MR. COOK. I knew Philpott as a clerk.
Re-examined. I have known Philpott before a sa clerk, when I have had other hiring agreements with Dormer—I first knew him as a clerk in 1883, I think in Coleman Street—I supplied goods to Dormer when he was at an office in Finsbury Pavement, in 1884—I was paid for them—I cannot call to mind that I saw Philpott there.
WM. HENRY ROSS LIBIS . I am a furniture dealer in the Gray's Inn Road—Stuart called on me on 27th November—I did not not know his name and he seemed broader than the prisoner—he said they had some furniture for sale in South Square, the name of Erlebach and Co., and he wanted to dispose of two or three things—I called up and he pointed out the things to me—some party called and asked such and such a price and I made him an offer—he said "Well, I cannot say now, because it is on behalf of some one else"—he mentioned the name of Dormer, but said that he had authority to sell them—he agreed to the 2l. 5s. which I offered—he gave the memorandum; I wrote and he signed it "W. S. Philpott, for W. Dormer"—Stuart looks like the man, but he had a little more whisker—I only saw him for a moment or two.
JOHN TONBRIDGE (Re-examined). I found all these documents at 28, Ridley Road, Dormer's residence—there was nearly a cabload of books and papers—there were three copy letters, two cheque-books, and some returned paid cheques; the counterfoils showed different payments made to Stuart and Philpott—I found the certificate of incorporation and the seal of the bank, this agreement of partnership between Dormer and Stuart, dated 21st January, 1885, signed by Stuart, this circular letter, the manuscript and lithographed copy by Stuart announcing that he had entered into partnership with the firm of Erlebach and Co., and dated rom 26, Finsbury Pavement; I also found papers relating to 100l. paid by Edward White in May, 1885; I have not been able to find White since—I also found papers relating to 10l. paid by Jefferies in July or August in relation to the bank; he has gone to America—I found a number of I O U's from Stuart to Dormer and some County Court summonses against Stuart—I found in the letter-book letters relating to 80l. paid by Major Moore, who has since gone to India—I saw him before he went—I found copies in the letter-book of letters addressed to Lord Chichester and Mr. Leslie and one to Mr. Tottenham, which purports to enclose the other two—I found the pencil memorandum which is said to be in Tottenham's writing—I found letters from Stuart to Dormer relating to the proposed partnership between them—some letters were handed to me by the Glasgow police which they had taken from Stuart; they were from Dormer—the only book relating to banking was the letter-book marked "London and North British Bank"—I found other letters in the book in which Stuart spoke of himself as a member of the firm of Erlebach and Co.—I never found the document that has been spoken of with the signature of Lord Fitzwarrine Chichester across it.
Wednesday, May 12th, 1886.
Mr. Hill about Christmas; Sergeant Quin was with me on one or two occasions—the bank papers were distributed about a room—I found all these papers and documents at your house—I had to break into your house; your wife would not admit me—there was no concealment of anything when I got in.
Cross-examined by Stuart. I found four or five cheques payable to you—these are letters, referring to three undertakings, addressed to Tottenham, Leslie, and Field—I find in the postal book an entry by Philpott relating to Tottenham and Field—I received a letter at Glasgow, which I have no doubt came from your brother—I seized all the papers at Dormer's house, and searched among them for all the exhibits—there was no deed of partnership executed by which you and Dormer agreed to carry on business as Erlebach and Co., there was an agreement—I commenced to look for you on 1st May, 1885, immediately after the complaint was made—I found you had left London clandestinely, without letting people know where you had gone—by tracing a box I found you had gone by the North London Railway, your name and address were attached to the way bill—the box went on 8th December very likely, and I believe you went the same day—some time later I saw the name, William Patterson Stuart, appearing in the newspaper in connection with an application for the office of chief constable of Hull—I wrote to the town clerk of Hull, who sent me your application—I showed it to Moss and he identified it as your writing—I had no doubt you were the one I was making inquiries about—I had no warrant then—I arrested you in Glasgow on 19th February—I found out that you appeared to have been deputy procurator fiscal for Paisley—from inquiries I made it seemed you had been in pretty straitened circumstances and had gone from place to place—your furniture had been seized at one place, that was hearsay—I found you had been deputy procurator fiscal only from what you told me and from what appears in your letter of application for chief constable of Hull—I do not suggest you were not—I have other reasons than the papers I found at Dormer's for knowing that White was victimised, I had heard of him before the correspondence—I came to know of Sorrel through the letters and letter-book—I found a letter addressed to Erlebach and Co. by Richard Hall, of Shepherd's Bush, I don't see it here—I have seen Mobsby; I only found one agreement relating to him, that was between Dormer and A. H. Mobsby, of Carter Lane, whereby they agree to promote the London and Scottish Bank; I don't know if the Mobsby I saw is the same man—I believe he has been victimised by Dormer to a considerable extent—I found letters from Laurien, Norman, Taylor, and Kerr, none from McIntosh—you had a book called on the outside "Call Book;" in that, on June 30th, the last name is Tottenham, immediately above it is W. D., and W. D. appears on the previous date—the call-book was found at 28, Ridley Road.
Cross-examined by MR. COOK. I think I know Philpott's writing; the entries on February 19th and on February 27th, "Schacht and Co.," are not in the same writing—the one of February 19th is Philpott's, I think.
J. J. CHAMPBELL (Re-examined by MR. COOK). Neither of those entries is in Philpott's writing.
Re-examined. I found a letter from Hall, authorising a company to be formed to work a patent—Hall was a witness, waiting at the police-court to be called as one of the first complainants against Stuart and Dormer—I took his statement—I looked through the cab load of papers—I found No. 5, an agreement with the Empire Trading Company, but No. 4 I did not find.
PATRICK QUIN (Police Sergeant). On 19th February I arrested Philpott at the Palmerston public-house, Dartmouth Park Road, Highgate—I said "l am a police officer, I will take you in custody for being concerned with two men named Dormer and Stuart, in fraud"—he said "I only acted as clerk to Dormer, he has left me in the lurch the same as the others"—I took him to the station, he was charged and searched—I found on him two keys which he said belonged to 6, South Square, and some pawnbroker's duplicates. (The agreement No. 4 was put in, between Mobsby and Dormer, that they should promote the London and Scottish Bank at their joint expense, and divide equally the shares between them.)
RICHARD CHARLES BROWN . I am clerk to Mr. White, a solicitor, of 7, New Inn, Strand—we acted for Mr. Watson in the action he brought against Erlebach and Co.—I produce the writ, dated 30th October, 1885, claiming 72l. 10s. salary and return of deposit—appearance was entered by Mr. Boydell, a solicitor, on behalf of Dormer and Stuart, who sued as Erlebach and Co.—we got judgment under order 14, as they did not attend—Mr. White thought of taking bankruptcy proceedings, but we did not think it worth while.
The COMMON SERJEANT considered that there was no evidence of false pretences against Philpott, and that the case should go to the Jury as against him upon the conspiracy counts only.
DORMER in his defence stated that the bank was a perfectly bond fide concern, and that when it was started they had every hope that it would be successful. He had used every effort to make it so, and denied that it was not a genuine affair. The names of Lord Fitzwarren Chichester and of Mr. Leslie were put in the prospectus as the defendants had been informed that they had given their consent. He attributed the failure to the failure of the Munster Bank and to the General Election taking place at the time when it was begun. STUART in his defence stated that he had held the post of Deputy Procurator Fiscal in Scotland, he denied that the business was of the character alleged by the prosecution.
DORMER— GUILTY .*— Five Years' Penal Servitude.
STUART— GUILTY .— Eighteen Month' Hard Labour.
PHILPOTT— NOT GUILTY .
OLD COURT.—Tuesday, May 11th, 1886.
Before Mr. Recorder.
THEODORE MEARS . I live at 44, Museum Street, the house belonging to Mr. Mayer; I am his caretaker—on April 1st I went to bed about 11.30—I was awakened in the night by a noise, got up, and found the prisoner and another man in the passage, walking from the counting-house door towards the hall door—I said, "What are you doing here?"
and one of them said "We have made a mistake, we have come to the wrong house"—I caught the prisoner by his collar and called "Police"—we struggled, and the other man opened the door and ran away—we struggled to the street door; I found a constable on the step, and gave the prisoner in custody—the counting house door was open and marks of violence on the side of it, as if an instrument had been forced between it and the lock; all the woodwork was broken away—I went to the station and charged the prisoner, and then returned and found that the street door was also broken—the marks on the counting-house door correspond with this instrument found in the prisoner's pocket—I found these opera glasses in the middle of the passage just by where I seized the prisoner, and this leather bag near the door, still locked, but out open.
Cross-examined by the Prisoner. I brought a light down but you knocked it out of my hand—I did not see the other man's face but I could swear to his build—my dog barked, and the opening of a door started my electric bell.
CHARLES DAVID PARSONS . I am employed at 44, Museum Street—this opera glass is mine—I left it hanging on the hat rail overnight, and also this bag, which was looked—I found it out open when I came there in the morning.
DANIEL GARLIC . I was Policeman E 405 at this time—on 22nd April, early, I was in Museum Street, heard cries, and saw Mean struggling with the prisoner—he said "This man is a burglar"—I took him in custody—he said that he was walking quietly along and the prosecutor rushed out at the door and caught him—I found some matches in the passage corresponding with some which I found on the prisoner.
Cross-examined. Those found in the passage had been lighted, and therefore were not so long as those I found on you—I did not find you struggling in the passage.
The prisoner, in his statement before the Magistrate, and in his defence, said that he was passing the house, two men rushed past him and knocked his hat off, and the prosecutor rushed out and seized him. He received a good character.
GUILTY .— Nine Months' Hard Labour.
Before Lord Chief Justice Coleridge.
MR. WARBURTON Prosecuted; MR. GEOGHENGAN Defended.
NOT GUILTY .
Before Mr. Recorder.
MR. MUIR Prosecuted.
RICHARD WILDEY (Police Inspector K). I produce the depositions taken by Vice-Consul, acting-Consul at Port Said, of Stapleton and Morgey, who are not in the United Kingdom and cannot be brought here—I received the depositions from the Home Office; they bear the Consular seals. These depositions were then read as follows; "William, C.
Stapleton: I am a merchant; on Sunday afternoon, 7th March, I was on board the steamship Gorji, in the saloon, while the search was being carried on. My clerk, Mr. Morgey, called out that he thought he had found the money, and I went to him and found that he had the end of a cord leading through a hole in the skirting boards to the back of a locker at the back of the stove. I pulled the cord up and found attached at the end of it a paper parcel containing the sweat rag containing the money. The captain and all hands were then called into the saloon."—"Eugene Morgey: I am a clerk with Mr. Stapleton. On Sunday last, March 7th, I wan assisting to search for the missing specie on the steamship Gorji, and looking behind the looking glass on the mantelpiece I found there was a locker. I put my hand down the hole at the back of the locker, and found a piece of twine attached to a piece of line. I kept hauling it up, when suddenly I felt some weight. I called out I think I have got it.' Mr. Stapleton then came and hauled the rope up, attached to which there was a parcel; when we opened the parcel in the saloon in the presence of Mr. Stapleton, Mr. Carr, the mate, the chief officer, chief engineer, and myself the parcel contained 799l. sterling. The line with twine attached produced in Court is the one I found in the hole. I then went a second time to the same place for curiosity; I put my hand in again and pulled out another parcel, which contained a pair of binoculars, which the chief officer recognised as being his own. I looked a third time in the place stated, but found nothing."
CRESSWELL WELLS (Police Inspector K). I went on board the ss. Gorji on 29th March in the London Docks, and took the dimensions of the saloon on the main deck, the deck-house in front, and made a map, which I now produce, to a scale of one inch to four feet; it is correct—at the side of the fireplace on the starboard side is a cupboard, and in the lining of that cupboard, just by the ventilator, there is a hole six inches in diameter, which is opposite the word "ventilator" in my plan—that hole was pointed out by the chief mate—this sketch shows approximately correctly the cupboard door open, showing the hole opposite the ventilator.
Cross-examined by the Prisoner. Dicker, the detective sergeant, and the officers on board showed me about the saloon—the chief mate was one; he did not tell me any alteration had taken place about the saloon, or on deck about the saloon, since the robbery.
GEORGE ALFRED LOGSDAIL . I was chief mate on board the ss. Gorji on 21st November, when she sailed from London to Cardiff—from Cardiff she sailed for the Persian Gulf, stopping on the way at Jeddah on 27th December—next morning the prisoner, who was chief steward on board, held the keys, and had charge of the cabin generally and the saloon, said he had seen some coolies coming out of my room with a small bundle wrapped up in one of their clothes, as though there were revolvers or something in it—I went to my room at once and missed my binocular; I told the captain and several people I had missed it—the prisoner knew after I missed them that they had been stolen—the ship proceeded on her way to the Persian Gulf, and on the way back she again stopped at Jeddah—while lying there on 27th February this year I received on board six large cases and one small case of "gold to the value of 800l.," according to the shipping note, in coin—the shipping note was given to me by the prisoner, who said the specie was in the cabin ready for
stowing then—I went to stow it, and he accompanied me aft—the prisoner and a coolie from the shore assisted me to stow them—they were close to the trap door, and were handed down by hand through the trap door into the lazarette, the place where stores are kept, to which the prisoner as steward would have access—then I went into the alter peak, which is below the lazarette, where some specie was already stowed—the prisoner remained in the lazarette—we found we could not hand the cases down, and the prisoner said "Wait a minute, I will fetch a rope to lower them down to you"—he brought a rope and lowered the end down to me, and asked me to put a bend in it, a running bowline—I made a slip knot, a noose in it, and then the cases were lowered into the after peak with this rope—after that was done the prisoner coiled up the rope and said "I will keep the bend in it, as you will want it at Port Said"—he then took it on deck—I followed him on deck; I saw the hatchways closed—I cannot say I took special notice of the rope after we came on deck—the prisoner, I, and the coolie were the only ones that lowered the specie—the next day, 28th February, we sailed from Jeddah—on Monday morning, 1st March. I was called from my berth by the second officer, at five minutes to 2—I went aft to the saloon and found all the saloon doors open, and heard a knocking coming from the steward's room—there are folding doors at each end of the saloon, four doors altogether, two folding doors and a fore and aft door as well; they were all open—the hatch of the lazarette was open, and the door of the steward's cabin was closed, and he was knocking on the inside and crying to be let out—he heard my voice, I suppose, and said "Let me out, for God's sake, I am looked in," some expression of that sort—he said the key was lying on the deck outside; I saw a key in the middle of the hatch, on the grating right opposite the prisoner's door—I picked the key up and unlocked the door and let him out—there was no light in his cabin—I said "Why did not you strike a light and get out at the window?"—I believe he said he was too frightened, or did not think of it; I cannot be sure about the exact words—he made that remark, but whether at that time I could not say; he said he had been knocking since five minutes past 1; he gave me the particular time—he said "I struck a light and noticed the time by the clock in my berth"—he volunteered that, I did not ask him—when he came out of his berth he was greatly excited, he had his shirt and trousers on; he rushed out into the saloon with a revolver in his hand and said "Catch him, catch him," and went towards the fore part of the saloon, and round the starboard side of the house—I went round the port side of the house—we saw no one—I went into the saloon and ordered lights to be brought—the prisoner said he had been knocking and shouting to be let out from five minutes past 1 till I let him out, and that he had fired three shots from a revolver; he said he had been knocking with his boot, and the key had fallen out on deck—when they brought a light I went down into the lazarette; I found the hatch communicating with the after peak off, and lying on one side—by showing a light down there I missed one case of the gold specie which I had stowed—I noticed nothing more at that time—I came up and reported to the captain that the case of specie was gone, and we mustered all hands to make them give an account of themselves—they were kept aft while I and the chief and second engineers and officer went to search the forecastle and forepart of the ship—we found no trace of
anything that could lead us to the missing specie—the men after being questioned were dismissed to their quarters—I then went down into the after peak—whilst going down there I noticed a coil of rope lying on the side of the after peak hatch—I went down below again and had a thorough search, but found nothing—as I came up out of the after peak hatch I noticed a small peculiar shaped ring lying beside the rope—I picked it up and handed it to the third officer—the next morning I asked him for it again, and kept it myself till I handed it to the Consul at Port Said—this is it, and this is the rope (produced)—it is the same as he had lowered the specie down with when we stowed it, and it still has the same bend in it—on the Saturday afternoon that the specie was received on board at Jeddah I gave the prisoner two sweat cloths at his request—these two (produced) are similar to them—on 27th February the prisoner purchased from me a musical box for 2l.; he remarked then that he had not the money but that the captain had some that he would ask him for and pay me as soon as he got it—on the day previous to our arrival at Port Said I believe, March 5th, I asked him to pay me the 2l., he said he had not got it then, he would ask the captain for it in the morning and give it to me—on the same morning that we arrived at Port Said, March 6th, he paid me with two sovereigns, one of which I have here, it took my attention and I kept it—it is from the Melbourne Mint, 1885—I saw the sovereigns found by Mr. Morgey counted in the saloon—I did not notice the mint of those—round the edge of this coin were two or three dents, which made me look at it—I gave it to the third mate—on 6th March we got into Port Said, and the prisoner was given in custody on the Saturday and remanded till the Monday—on the Sunday Mr. Morgey and Mr. Stapleton came on board and went into the saloon—I was called into the saloon and saw Mr. Morgey passing a bundle from the locker behind the stove into the saloon, singing out "We have found it, we have found it"—when I found the rope and took it away from the lazarette the prisoner saw me bring it out of the cabin—I said "I will keep this rope, as it may be useful"—he said nothing—that was all I said—the same morning the case was missed, but afterwards I noticed on the outside of the deck house, which was of teak and varnished, some smears down the side of the house, done by the toe of a boot I fancied—they were close to the window of the prisoner's cabin, leading down from the roof to the deck—they were footmarks—while I was looking at them the prisoner came behind me—I remarked "How is it you did not get out at the window?"—he said he had tried, but could not turn the button, it was too stiff; he then tried it in my presence, and turned it quite easily as I thought with his finger and thumb—when we arrived at Port Said the prisoner was given into custody on the Saturday, and on Sunday Mr. Stapleton and Mr. Morgey came on board—I saw Morgey bringing a parcel from the locker, which was open, saying "We have found it, we have found it"—two or three others were present in the saloon—the same piece of signal halyard was tied round the parcel—the outside of it was a newspaper, the Cardiff Weekly Mail, December 12, 1885, with an address—inside that was a sweat cloth similar to this one, and inside that cloth was the money—I saw it counted on the saloon table—in sovereigns and a few half-sovereigns there was 799l.—I looked for the smears the day after I noticed them, and they were removed; I think they must have been washed off with soap and water or something light, so as not to disturb the varnish—I took from the prisoner the revolver
which he came out of his cabin with, after we had been round the saloon—I emptied the chambers; there were four discharged cartridges and two had been struck by the hammer but had not exploded; they were dented—I did not notice if the pistol was foul inside, and cannot say whether it had been recently discharged—the loss of the money was the subject of conversation many times; I cannot say what the prisoner said, but the substance of it was he tried to throw the blame on the second mate, Mr. Cahill—if the pistol were fired off in the steward's berth I should say most certainly it would be heard loudly in the captain's; it is a matter of 30 feet at the outside between them—this is the key the steward gave me in Port Said, it opened the steward's cabin door and the after cabin doors—I picked up two bullets in the prisoner's cabin; they were handed over to the police—they had been discharged from that pistol; they were flattened—one is buried in the deck now, I believe.
Cross-examined. A police officer was sent down to make a sketch of the saloon while the ship was in the London Docks—I showed him over the saloon—I did not tell him any alterations had been made; nothing was altered, except the screen, and that was removed on the morning of the day of the robbery—it was a small canvas screen, put up for the captain's convenience; it came alongside the house, completely concealing the after passage-way, so far as going across the ship's deck could do so—the money could have been placed where it was found by unshipping a metal ventilator—I know the ventilator had not been unshipped—I did not inspect it specially, but I should have noticed if anything in the fittings had been tampered with—I had my eyes on it to see if I could trace anything—I believe it was screwed from the outside, and therefore it could be unscrewed from the outside—I should have noticed if it had been unscrewed—my suspicions tended towards you almost from the first—I had no one to support me in them, and I called the boatswain to me and said "Go aft, and look round the house carefully and see if you notice anything peculiar at all"—he went round, came back, and said he did not notice anything peculiar at all—I said "Go and look again, on the starboard side, aft"—he said "I cannot notice anything peculiar"—I said "You must be blind"—I went aft with him, and then I found these marks were gone, so that I have no further proof of my assertion they were there—they were invisible to the man I sent to see them—it was the following day that I took the boatswain there—I could just see the smears then—I found the ring on the morning of the robbery and handed it to the third officer—I made no report on it for this reason, although my suspicions were very strongly directed towards the steward; I did not want to do him or anybody any harm on mere suspicion, I wanted to have very certain evidence that anybody had stolen 800l., and I with twenty-four others, might have had the suspicion rest upon us; and I said I would move heaven and earth to try to clear it up, that was one reason why I did not state it to anyone before it came before the Consul, and there I stated it fully—the captain and I suspected the second mate—I did not want to open your eyes to where my suspicions were—I do not accuse the second mate; I think you cannot deny that you are the person that fostered the suspicion—if I had stated my suspicions the matter would not have been cleared up—I made a report to Captain Miller about 4.30 on the day of the robbery—I saw the second officer with
his shoes on—it wad not wrong to have his shoes on—I noticed it because you put the idea into my mind—even as early as that the suspicions were attempted to be misled in the direction of the second mate. (The log-book was here produced.) My signature is to every entry in this log-book—a witness is present who saw me give you the sweat cloths—the shipping order disclosed the value of the six cases to be 800l. in gold—you handed the order to me and after that I cannot say whether the second or third mate saw it—I did not see it come on board—I kept a sovereign which you paid me in part payment of a musical box, that excited my attention—when the money was paid there was exactly a sovereign short—the money was paid me before we arrived at Port Said, but this money was not found till afterwards—I have taken no means to find out whether that sovereign was similarly marked, it has two or three marks on the edge which I thought might be done for a special purpose—contradictory statements were made, but they have been explained away—Simpson, the officer, was down one watch below, and when we questioned him he said he had only been on deck once—it appeared that he was on deck twice—he was seen the second time by a witness who has been called—he was seen in the chief engineer's easy chair, and his explanation was that he was ashamed to acknowledge that he was off the watch—he acknowledged it afterwards but did not say so at first because he did not like to admit being in the chief engineer's chair—if we had entered all the conversations in the log it would have filled half the book—the captain gave me a letter saying that I was not to allow any member of the crew to go ashore without his sanction; but on a Sunday, when the captain was lying down asleep and we did not want to disturb him, the third officer and I just took a walk on shore, and if we could not do so it would be a very hard thing—I should have acquainted the captain if he had been awake—he did think then it was a breach of discipline and commissioned me to write a letter to the third officer, without accusing me, but telling him to carry on the work pending my examination—scores of times you have openly boasted that you had got the captain under your thumb—I do not think anyone was present when you said you could not move the button—before you left Port Said I was looking to see if anything we missed was stowed away, and among other places I looked in your room again and I said "I wonder what became of the key that was reported as being missed," and the second officer said "Is this it?" taking it from his pocket—I said "I don't know, try it"—he tried it and it fitted—I said "Why did you not give it to me before?"—he said "I never thought of it"—I had searched on the Sunday but did not see it.
Re-examined. That key fitted this door. (Pointing to the plan)—it was reported as missing by the prisoner on the day that the specie came on board and before it was missed—only three of the sweat cloths were found—he asked me for two, which I gave him, and when the saloon was searched three were found—the second was wrapped round the specie.
By the COURT. The smears were on the perpendicular wall three or four feet high from the deck, on a level with the middle of the window—the conclusion I draw is that somebody had been attempting to get in at the window, and put his feet on the side of the house and left the marks I saw—there were no such marks anywhere else.
MORTON W. MILLER . I am the master of the steamship Gorji—on 28th February, about 10 p.m., the ship was on her way to Port Said, and I went on the bridge to see that all was right; I then turned in—the doors of the after cabin were open; going to my berth I could see right through the saloon—next morning, March 1st, I got up at 2 o'clock, and the doors were closed; I tried them, and found them locked on the aft side from the inside of the passage—whoever locked them must have been in the passage, that is the passage where the prisoner's cabin is—I pushed them, and they fell open; the trap was open—I heard a very loud knocking—I went on deck and called for assistance; Logsdale and several officers came—I heard the prisoner's voice coming from his cabin saying, "Let me out, the key is on the deck outside, I am locked in"—Logsdale unlocked the door, and the prisoner came out—his cabin was dark—he said, "Catch him, catch him"—I saw no person—I mustered the crew, made a search, and missed a box of specie containing 800l.—the prisoner was acquainted with that fact—he said some one on board must have shut the door and locked him in—I said, "Why did you not get out at the window?"—he said he could not break the bars—I said, "Why did you not try the buttons?"—he said, "I did not think of that in the hurry of the moment"—if the button was turned the window could be opened; I tried it, it turned pretty easily—no one was sleeping there but the prisoner and myself—I was not aroused by any noise—I had great confidence in the prisoner; I entrusted to him the fact that I had a great sum of money on board, not the specie, but belonging to the owners, and he knew where it was—one of his duties was to look after the cabin and the keys.
Cross-examined. I had every confidence in you—I had at times larger sums in my room than the amount stolen—I was away in Brussels six nights in succession, and all things under your charge were correct—after the robbery, in consequence of feeling insecure about the money in my berth, I concealed it, but showed you the place where it was—if I was on the bridge and you were asleep a person could go down to where the specie was—if I was on the deck and an officer was seen entering the saloon at an unreasonable time of night he could say that he came to see everything correct, and he would be perfectly justified—on the morning of the robbery, my door and both of my windows were open and any one could see from the deck whether I was asleep or not—I had a light in my cabin—when my suspicions as well as yours were turned to the second officer and were made known to the chief officer, Logsdale, he did not claim to suspect any one else—when I arrived on the bridge at five minutes to 2 I ordered the chief mate to call the carpenter and boatswain—my impression is that the second officer's shoes were off—when he came aft again at four o'clock and asked if we had any question to put I fancy he still had his shoes off—he was relieved from duty at four o'clock and was about to retire—he said that he heard shots—I asked him why he did not come out—he said he thought there might be a mutiny—if he had heard shots in the night and could not leave the bridge, he should have Bent some one to see what was going on—at 8 o'clock he said he thought there might have been shots, but he was not certain—the chief officer and I fired some shots in the prisoner's berth and found that they could not be heard on the bridge, there was too much noise coming from the stoke-hole—I was not awoke by any noise—I should not hear
shots in your room even with my window open—any one removing the ventilator outside the saloon would be able to place the money where it was found, but it would take some time to do it—anybody so engaged would be partially hid by the screen—the presence of any one there would not excite suspicion—I saw some bullet-marks on the inside of your berth door—during the voyage Cahill, the second mate, said that you insulted him once—he had his head in at the saloon window and you shot the blind up under his chin—he had no business to put his head there—he was just seeing if they had the same for tea as we had in the mess-room—their inclination was rather against you on account of the food supplied—there was specie on board all the way before this came on board—some of it was in your possession, two or three days before it was put away—before reaching Bussorah on the outward voyage you requested me as a favour to take charge of a little money for you—it was a purse containing 8l. in gold—I gave it back to you on our arrival at Port Said.
Re-examined. The place where I showed him the money was not a drawer, it was a large book-case, but I had some of it in a drawer as well—I had the key, it was a common lock; several things had been missed during the voyage besides the binocular, that has never been found—the prisoner and I and Logsdale were talking about some suspicions against another person; he neither assented nor dissented from them—I did not gather that he had suspicions of anybody else—the second mate was on duty from 2 till 4—if the second mate left the bridge the man at the wheel would not miss him, but the lookout would if they were looking out—it is not unusual for the mate to have his shoes off, it is very hot there—his duty is to remain on the bridge, but in case of necessity he might leave; but if he could send some one else he ought to stay on the bridge—I have examined the ventilator since; it does not look as if it had been unscrewed, it unscrews from the outside.
By the Prisoner. Logsdale's suspicions did not seem to point to you until you were arrested—several petty thefts were complained of, and I once set a trap to catch the thief, but was not successful, and you offered in my presence to assist Logsdale in watching, which he declined—I inspected the ventilator on 8th April to see whether it had been removed.
By the JURY. There is a nail in the locker to which the signal halyard is made fast; it was possible to reach that by standing on something outside, and then it would be easy to get from the inside, or it would be possible to stand on something placed on the deck and reach down to it.
HENRY PRICE . I was second steward on board the ss. Gorji; the prisoner was first steward—this paper, the Cardiff Weekly Mail, of 12th December, 1885, was formerly in my possession—I obtained it from the chief engineer, Christopher Thomas, when the ship was at Suez—it was on a Monday, I believe, but I cannot tell you the date; the ship was on her homeward voyage—the prisoner asked me at Suez to go for a paper for the captain to wrap a book in to take ashore, and I gave him this one—I got it from the chief engineer's berth—there were two papers there and I took the oldest, and he told me not to take the latest, which was January 9th, because he told me to look at the date, and it was December 12th—the day before the money was missed I saw the prisoner coming from Logsdale's berth with some sweat rags—I found a key about three days after the prisoner was arrested, in a cigar box on a shelf
in his berth—I took it to Logsdale—there was a Persian cat on board belonging to the prisoner which he used to secure round the neck with string similar to this—after the specie was stolen the cat did not continue to be secured by that, but by this leather and this tie—I saw a white metal ring similar to this on board, but I don't know whether it was in the prisoner's pantry or in his room.
Cross-examined. Your room was searched on the Sunday alter your arrest—I found the key two days after that; I then put it in my pocket—we were afterwards speaking about a bag being lost, and I told the mate I had got a key—he asked me where I got it, and I said from your room—I offered it or he asked me for it—I did not see the mate give you two sweat cloths at Jeddah—I next saw this paper which I had given you at West Ham Police-court—the Consul just showed me the paper at Port Said, and the day after that I. went into your cabin and found the other half of the same paper; it had been out, and half of the letters of December were on one part and half on the other, and when they were put together they matched—I had never seen that key before—I did not know it was lost—the captain once left the saloon-door key in my charge—I said at the police-court I had an idea the key had been put in your room after your arrest; I thought so because the room was searched before and it had not been found, but they may not have looked in the cigar box—you had been out of the ship 24 hours when the money was found—I can't say whether you had one or two sweat cloths when you passed me—there might have been a malicious feeling against you on the ship, or there might not, I shall not say; they may have run you down a little.
Re-examined. I was not there when the money was searched for.
CHRISTOPHER THOMAS . I am chief engineer on board the Gorji—on our homeward voyage from Jeddah to Suez Price came and asked for a paper, and I told him to go to my room and fetch one, but not the latest date—there were two there, one of 12th December, 1885, and 9th January, 1886, and he got the one of 12th December, the Cardiff Weekly Mail; this is it—I identify it by this writing: "W. W. Thomas, Victoria Road, Landport, Essex;" it is addressed to my son—here are some figures in my writing on it—after we left Bussorah, at the head of the Persian Gulf, the prisoner asked me for two sweat rags—I told him I couldn't give him two and gave him one of the same pattern as this produced—I examined the screws of the ventilator on the outside; they had not been recently moved or the varnish would have been broken.
Cross-examined. I do not identify the sweat rag in which the money was found as the one I gave you—I saw the money on the cabin table after it had been taken out of the paper—these are the only two papers I had on that voyage—I examined the ventilator at Cardiff about 10th April and still say that I could see whether it had been unscrewed or not, there would be signs—it could be put back in the same place, the screw holes would be the same, but I don't believe there is any way of putting it back without detection—the second steward came to me for the paper on the passage between Aden and Suez—I told him to go and get it, and saw him take it into the cabin, but could not see him give it to you—I could not see through the planks—the officers' feelings towards you were not very good—there was a good deal of malice between you and them—I do not know the captain was led by you.
Re-examined. I did not see the parcel undone, the money was taken out before I went into the cabin—I saw the newspaper then, but I did not take it in my hand—I gave him the paper in the Bed Sea after leaving Jeddah, not in port.
HARRY HOWLETT . I was an ordinary seaman on board the s.s. Gorji—while we were at Jeddah, before the robbery took place, the prisoner told me to clean up the lazarette—I did so and he handed me down a line to pull up a barrel with—I won't swear this is the line, but this ring was attached to it—after I had finished the work I made up the line with the ring attached and handed it to the prisoner.
CHARLES CHAHILL . I am second officer on board the s.s. Gorji—on the night of the robbery, 28th February, I was on the bridge in the second watch, from 12 to 4, we were then going from Jeddah to Suez—I heard some noise which turned out to be in the stoke-hole—I was not always of that opinion—I said next day that I thought they were shots—about one or two that morning the captain ran up on deck in an excited manner and told me to call the chief officer, and then he went and called him himself and the carpenter, and then I went on the bridge again.
Cross-examined I was relieved of the watch at twenty minutes to four, and before going to bed I asked the captain if he required anything from me and he said "No," and he showed me the open doors and the whole routine—I told the captain and yourself next morning I heard shots fired and concluded it was a mutiny—I usually take my boots off when I go to bed—you treated me and all the lot of us with very cool contempt, and one night on the bridge I complained to the captain about you—I looked through the saloon window once and you pulled the blind up before my face—I looked in there to see if you had the same in your mess as we had, because you told me the captain allowed you a certain percentage on all you could make out of the provisions, and we had a limited supply of food in the mess-room—you told me once you had the captain round your little finger, and I told him of it.
Re-examined. I first heard noises and then the captain rushed up—I heard the crew mustered, and then it was I thought of mutiny, not before—I thought then the noises I heard might have been shots—I had my shoes on the whole watch, that is nothing out of the way; it is very hot, but the decks are black and we do not want to have to wash our feet before going to bed—the captain is allowed so much per man to feed the crew, and what he can save goes into either his pocket or the steward's—the captain treated the chief officer more like the steward, and not according to the customary rules—a revolver was afterwards fired in the steward's room and it could not be heard on the bridge—it was not fired on the same conditions, it was pointed out of window, I saw the flash of it.
FREDERICK DICKER . (Detective Sergeant). On the 24th March I received a warrant under the hand and seal of the acting consul at Port Said, and at 6 p.m. on the same day I went on board the s.s. City of Agra, lying at the Victoria Docks, and saw the prisoner—I said "Is your name Charles Robert Blackman?"—he said "Yes"—I said "I am a police officer, I hold a warrant for your arrest;" I read it to him and
he laid "What course do you intend to take?"—I told him I should take him to the station, where he would be detained pending further inquiries—he was conveyed to the station and detained, and at 10.30 the same evening he was charged and the warrant read over to him again; he then made this statement which I took down in writing—he said he had previously made it at Port Said: "When the money was stolen I was on board; I awoke at five minutes to 1 a.m. on the morning of the robbery, I got up and found the usual light did not show into my room, I concluded that the saloon lamp had gone out. I got up and found it was gone out, I turned round to go out and came against the closed door, I found it was locked from the outside. I then suspected something and knocked at the door and fired three shots from my revolver; while I was knocking I heard the key fall out of the look, I tried to get out of my room window. A general March was then made, but nothing was found; afterwards the money was found wrapped in sweat cloths."
Cross-examined. I am positive you said 5 minutes to 1 because I wrote it at the time.
The prisoner's statement before the Consul was here put in.
The prisoner in his defence stated that the line and strap and ring in question were his, had been used to tie up a Persian cat, and when he undid the strap to place the cat in a basket the buckle broke and the ring remained on the line, and as he was going into the cabin he saw the mate coming out with this line, which he said had been used for lifting the box of specie; the lazarette flap could be lifted up quickly, and in the lazarette was another flap neither bolted, barred, nor locked, and every one knew that there was specie on board, and although the value was not known the packet of gold was taken simply because it was easiest to handle. He stated that when he found himself locked into his cabin he shook the bars but found he could not break them; that the window was always very stiff during the voyage, but after the robbery the screws must have been turned with a screwdriver', as it then moved easily; having free access to the lazarette day and night he could have taken the money five minutes after it came on board, and disposed of it at Sun, where the vessel touched, and that he believed if he had been allowed to remain on board he would have recovered the money; that when at Port Said he had no idea that he was suspected. As to the sweat cloth, he got two from the mate, as it was customary to clean the paper and woodwork before the ship went home, and he left two in his cabin when he left the ship, wrapped round a musical box; that the captain had some money of his in his charge, which he returned to him at Port Said, and he added to it one English sovereign from his pocket; that he did not suspect the second officer till he said that he had spoken to him about turning the button; that the captain left the ship at Gravesend, leaving no orders to prevent his going ashore, but he remained on board and came on to London; he contended that the second officer was the guilty party.
NOT GUILTY .
upon which no evidence was offered.NOT GUILTY .
MR. WILKINSON Prosecuted.
138, Barking Road, West Ham—on 9th April, about 3.30 p.m., the prisoner came in for an Ally Sloper, price one penny—I gave him a copy and he gave me a florin—I took it to Mr. Brewster, who came into the shop and asked the prisoner where he came from—he said "From the other side of London"—Mr. Brewster said "Where did you get this florin from?"—he said a gentleman gave it to him for carrying a parcel—Mr. Brewster said he should detain it; the prisoner ran away—I gave the florin to Mr. Brewster.
GEORGE BREWSTER. I am a news agent at 138, Barking Road, West Ham—on 9th April the last witness brought me a florin which I threw on the table and found to be bad—I gave it afterwards to the inspector, at the station—I had put it into my mouth and bent it as well; this is the coin—I went into the shop, there were three persons there—I said "Who tendered this coin?"—the prisoner said, "I did"—I said "Where do you come from?"—he said "Over the other side of London"—he said a gentleman had given it to him for carrying a parcel.
Cross-examined by the Prisoner. You said you were a working lad.
WILLIAM CROWE (Sergeant T 17). On 9th April I took the prisoner in Barking Road and told him it was for passing bad money—he said, "It is not me, you have made a mistake"—I did not say where he had passed it; Mr. Brewster was standing close by—when the charge was read to him at the station he said a gentleman gave him the 2s. for carrying a parcel—he was searched, nothing was found on him—I received this florin from the officer on duty at the station.
The prisoner, in his statement before the Magistrate and in his defence, said that he carried a parcel for a gentleman, who gave him the florin.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. FULTON Prosecuted.
WILLIAM GLOVER . I am a chemical manufacturer of the Tower Chemical Works, Silvertown—I have an office in the counting house at the works—on the night of 23rd April I left the office after fastening the outer door and window—on the following day I came to business about ten and unlocked the door and found some one had effected an entrance by wrenching open a window and getting in—I found drawers pulled out, and missed a cheque for 5l. 6s. 8d. and a post-office order for 1l/. 8s.—afterwards I missed an unaccepted bill—I afterwards saw at the police court, and have before me now, the cheque, post-office order, and bill.
ANNIE TAYLOR . I am postmistress at Silvertown—I know the prisoner by name—on 24th April, about 9 o'clock a.m., he came and presented this postal order marked "B" and signed "Peter Wright"—I refused to cash it as I said it was not signed in the right name—he made no reply—I asked him for the sender's name; he could not give it to me—I returned the order to him and he went out.
EDWARD BELLAMY (Policeman K 52). On 24th April, at 11 o'clock, I went to the Graving Dock public-house, where I found the prisoner—I called him outside and said, "I believe you have been on Mr. Glover's premises during the night"—he said, "No, I have not"—I said, "I
shall take you in custody for breaking into his office daring the night and stealing a cheque and a post-office order"—he made no reply—a constable took him to the station, and I walked behind to see he did not drop anything—he was very fidgety all the way, and on searching him at the station I found this dishonoured bill, and in his handkerchief I found this cheque and postal order, which he had been chewing and trying to swallow—they fell out of his handkerchief—the inspector who took the charge said, "How can you account for this property?"—he said, "I picked them up"—I took a note of the conversation, but have not got it here.
The prisoner in his defence stated that he picked up the notes on the line in a plain envelope; that he put his name to the post-office order, which was signed Wright, and tried to pass it.
NOT GUILTY .
MR. SAUNDERS Prosecuted.
CHARLES DAVY. I live at 15, Waterloo Terrace, Islington, and was steward on the steamship Manoa, which on 13th January was lying in the Royal Albert Docks—on the morning of either the 13th or 14th I had my overcoat, under coat, trousers, and cardigan jacket hanging on a nail in my cabin—these parts of my discharge, this pocket-book, and this photograph of my wife are mine, and were inside my under coat—I left the ship for a half to three-quarters of an hour, and when I came back I found my cabin door, which I had-left shut, not locked, was open—I missed my coat and trousers, the great-coat and cardigan jacket were left there—I never saw the prisoner before, I do not know him.
CHRISTOPHER WILCOX (Detective Dock Officer). About 4 or 5 a.m. on 27th March I stopped the prisoner leaving the Company's premises; I asked him to come into my box—I said, "I am a police officer, and have been watching you this afternoon; I saw you go on board two ships, one was the Poonah, and then try several cabin doors; have you anything about you you have no right to have?"—he said ""No"—I searched him, and on him found these keys (three are those of cabin doors and two are skeleton), a pocket-book, a photograph, and nine discharges belonging to a steward named Davy—I asked him where he got the discharges from; he said he was minding them for a friend of his—I asked him how he accounted for the keys; he said they belonged to a ship in the St. Katherine's Docks—I asked him what ship; he said I was going to take him to the station, he was not going to say—I said I must take him.
Cross-examined by the Prisoner. You did not say the keys belonged to the Libure—your back was always turned to me, so that I could not see if you used the keys; I saw you try and open the doors—I have since tried, and found those keys will open almost every cabin door—a steward might have these keys, but not the skeleton ones.
The prisoner in his defence stated that the last ship he was aboard of was the Poonah, and that he was leaving her when arrested; that the discharges and pocket-book had been given to him the day previous by a man who had been paid off at Greenwich.
NOT GUILTY .
Before Lord Chief Justice Coleridge.
MR. RAVEEN Prosecuted; MR. GEOGHEGAN Defended.
GUILTY of an indecent assault.— Eight Months' Hard Labour.
Before Mr. Common Serjeant.
MESSRS. LLOYD and WARBURTON Prosecuted.
FANNY LEE . I am barmaid at the Admiral Duncan public-house, New Cross Road—on 6th April, about 4 p.m., the prisoner came in for a glass of ale, and gave me a half-crown—I put it on a slab and gave him 2s. 4d. change—he then asked for half an ounce of tobacco, gave me a good shilling, and I gave him the change—after he left I tools the half-crown to my father, and saw it given to Ford—this is it—I picked out the prisoner at the station the same evening from six others.
Cross-examined by the Prisoner. There was no more money on the shelf where I placed it.
MINNIE HILL . I am assistant to Mr. Liebig, a confectioner, of Broadway, Deptford—I know the prisoner as a customer—he came on 6th April for a pound of bread, price 1 1/2 d. and gave me a half-crown—I broke it in half in the tester easily—he picked up the two pieces and took them, and gave me a good sixpence.
Cross-examined. I never Knew you pass bad money before.
FREDERICK FORD (Police Sergeant). I received information on 6th April, and took the prisoner at the Red Lion, Greenwich, about 7.45 p.m.—I told him it was for uttering a bad half-crown at Mr. Liebig's—he said "You are wrong this time"—I took him to the station, searched him, and found these two half-crowns wrapped separately in paper in his waistcoat pocket, with paper between them—after he was remanded Minnie Hall picked him out from six others—Fanny Lee also picked him out and gave me the half-crown.
The prisoner in his defence stated that he picked up the paper containing the coins, and did not know they were bad.
GUILTY .*†— Fifteen Months' Hard Labour.
Before Mr. Commissioner Kerr.
in July, 1884.— Twelve Months' Hard Labour. And
577. CHARLES RICHARDS (36) and THOMAS LEWIN (22) to burglary in the dwelling, house of John Watson Stocker, and stealing therein a quantity of jewellery, [Pleaded Guilty: See original trial image.]Lewin having been convicted of felony in March, 1882.—RICHARDS*— Twelve Months Hard Labour. LEWIN**— Eighteen Month' Hard Labour.
MR. WILLS Prosecuted.
NEAL ROSS (Policeman N 358). On the night of 9th April, about nine, I was in Paradise Street, Rotherhithe, and heard a loud smash of glass, in consequence of which I went to the Barley Mow public-house, where I saw the prisoner and a crowd of people—Mr. Watts, the manager, gave him into custody—I asked the prisoner who broke the window—he said "I did, sir, with two stones"—I asked why he did it—he said "I meant to"—on the way to the station he said to Mr. Watts "I told you I would pay you some time."
Cross-examined by the Prisoner. I did not see you smash the glass.
WALTER WATTS . I am manager to Mr. Whate, of the Barley Mow, Paradise Street—at nine o'clock on this night I saw the window breaking, I went out immediately and saw the prisoner standing there—he said "I have broken the window, don't hold me"—I asked him why he did it—he said "I wish to go away for a long while"—the constable came up and I gave him into custody—as he was going along he said "I told you I would pay you some day—I have seen the prisoner about the streets, that is all—two separate windows were broken of the value of 9l.
The prisoner in his defence stated that no one had seen him break the windows and he denied that he did it.
GUILTY .— Four Months' Hard Labour.
Before Mr. Recorder.
WILLIAM SUNDERS . I am a shoeblack of 66, Church Street, Deptford—on April 8th, about seven o'clock, I was in the Broadway and saw the prisoner chuck something against one of Mr. Bartlett's windows and break it; there were two windows broken before that—she went away directly—she was drunk—I followed her up the Broadway and saw her in charge of the police—I am sure she is the woman that did it.
FREDERICK QUINNEY (Policeman 402 R). I received information of this damage and took the prisoner—she was very drunk—I told her the charge, and she mumbled out something which I Could not understand—this is the largest of the stones I found near the window—the glass broken was a quarter of an inch thick, I should say, and the windows were three yards long and one and a half wide, and four yards by four and a half yards—the value of the glass broken was 40l.—I should say it was worth more than 5l.
GUILTY .— Two Months' Hard Labour.
Before Mr. Recorder.
MR. BURNIE Prosecuted; MR. PURCELL Defended.
NOT GUILTY .
582. ALFRED PARKER (16), DAVID MORRIS (16), and HENRY FRANCE to burglary in the dwelling-house of the Wenlock and stealing a quantity of tobacco and 3s. 6d. and 1s. 5d. in money.— [Pleaded Guilty: See original trial image.] Three Weeks Imprisonment each. And
MR. MUIR Prosecuted; MR. K. FRITH appeared for Douns, and MR. HUTTON. for Blow.
EDWARD MOORE . I am a general dealer, of 61, Linford Street, Stewart Lane, Wandsworth—on 15th April I was with my wife passing the Dun Cow public-house and saw the two prisoners and another man coming towards us, and as we came up they made an opening for us to past—Blow then caught me round the waist and asked me to give him twopence—I said I had not got it—he then tapped me on the pockets—I pushed him away and he caught hold of me by the collar and struck me on my mouth—we had a fight and my brother Henry Moore came up and knocked him down and I ran away.
Cross-examined by MR. HUTTON. I knew Blow previously to speak to—there was nothing unusual in his asking me to lend him two pence—I saw no stick in his hand—I pushed him back rather hard but open-handed; it might be taken for a blow—if I had had a similar push I might have resented it by pushing him back.
CATHERINE MOORE . I am the wife of Edward Moore—on 15th February I was with him in the Wandsworth Road and passed near the Dun Cow public-house and saw three men—I identify Blow as one of them—he caught hold of my husband round the waist and asked him for twopence—he said he had not got it, and he then touched his pockets—my husband pushed him away and he caught hold of him and hit him in the mouth and nose—a passer-by then ran and fetched my brother-in-law and he knocked Blow down—my husband then ran away and I ran after him.
Cross-examined. My husband and Blow were on friendly terms until he hit him—my brother-in-law came out of a public-house and saw them fighting and knocked Blow down with a hit in the mouth.
down—I then ran out of danger and he ran about fifty yards after me with a belt which he took off his waist before I ran away.
JOSEPH GASWORTHY . I am a hatter, of Battersea—on 15th February, about midnight, I was in Wandsworth Road and saw Blow with Moore's hat—he said "Whoever this hat belongs to will have to fight me or give me a shilling for it"—Henry Moore came up and said "It belongs to my brother and I will fight you for it"—I saw Maberley standing looking on and saw Douns knock him down with a stick like this. (with a very large knob)—but it was longer than this then—while he was on the ground Blow kicked him—he did not move, he was senseless then as far as I know—some one came up with a belt and I ran away and fell down and was kicked.
Cross-examined by MR. HUTTON. I saw them have an altercation and they started fighting—some one went for Moore's brother and he came and stood looking on; he did not come up and hit him straight away—I saw Moore's brother hit him on his mouth and knock him down, but he looked on first and said "Shall we make a revolution of it or not?"—I saw Blow pick up Henry Moore's hat.
WILLIAM MABERLEY . I am a zinc worker, of 13, Portisland Road—I was in the Queen public-house, heard quarrelling outside, and directly I got into the crowd I was knocked down senseless—I did not see who by—I remember nothing more till I got to St. Thomas's Hospital.
FREDERICK POYNTER . I am a tailor's pointer—on 15th February, about midnight, I was about 150 yards from the Dun Cow and heard a woman scream—I went towards her and saw three men and a woman going down the road—she had a hat in her hand—I asked her who it was; she said "The three of them"—Blow and young Henry Moore started fighting—Douns whispered to Blow, who said "No, not yet," and turned round and said "Oh, it is you, is it?" and challenged anybody to fight—young Moore said that he would fight him, if he would fight fair—they fought, and I saw Douns hit Maberley on the head with a stick, who was standing at the back of me, and knock him down—this stick resembles it very much—Douns then said "Now, how many more of you?"—I went to the other side and watched them and saw another young fellow knocked down—Green then came up and was knocked down with a belt—I saw three of them round Maberley, but did not see what was done—a man ran across the road and Douns knocked him down with his stick—I saw Maberley picked up and taken into a beerhouse—the two prisoners and a man who is not here were like madmen.
Cross-examined by MR. HUTTON. I saw no one kick—I saw a hat in Blow's hand, but did not know whose it was—the hat in the woman's hand was her own.
Cross-examined by MR. FRITH. I saw Douns get into the middle of the road—he was not struck—no one threatened to strike him—I was not so far from him as I am from you—Maberley is the only man who I saw knocked down with a stick—I have no doubt it was Blow who knocked him down—I said I thought so, but that might be in consequence of the confusion.
JAMES DRY . I am a house decorator of 35, Westbury Street, Wandsworth Road—on 15th February about 12 o'clock I was near Wandsworth Railway Station looking at a quarrel, and saw Maberley struck down with a stick by Douns—I did not see him move afterwards, I did not wait
for that, we all skedadled—I saw Blow there—it was a short stick like this, but I cannot say whether it had a knob.
Cross-examined by MR. FRITH. There was a great uproar, what I call a free fight, they were all slipping into one another.
JOHN GILBY (Policeman W). On 16th February about 9 a.m. I went to a house in Nine Elms, and saw Douns there and told him I should take him for assaulting Maberley on the night of the 15th, he made no reply—I asked him if he had a stick or life preserver in the room, he went to his jacket and took this stick from his pocket, gave it to me, and said "This is the stick, I intended to have burnt it, but I am glad I did not; I took it from the man who assaulted Blow last night"—I took him to the station, he was placed with several others and identified—I took this belt from his waist, it has a snake buckle—Blow was taken to the station; he had heavy boots with square iron tips.
CHARLES TOWNER . On February 11th at 8 a.m. I went to 5, Carpenter's Cottages and saw Blow, I told him I should arrest him for being concerned with others in assaulting a man named Maberley the previous night—he said "Why should I come to the station, I have taken nothing?"—about a dozen of them set on me and would have killed me, but Douns took the stick away—his lips were swollen, there was some dry blood on them, and his right eye was discoloured.
JOHN SPILLER . I am an engine driver on the London and South Western Railway—on 15th February at 9.45 p.m. I was in the Crown public-house, Wandsworth Road, and saw the prisoner there and two others—Blow asked me for a pot of beer, he did not speak plain and I asked him to speak better; he said "You are not a fool?"—I said "No, and you cannot make me one"—I said "Do you come from Bristol?"—he seized me by my beard, and after he let me go he caught me one in the mouth and I struck him back—two other men caught hold of me, I made for the door and got away.
Cross-examined by MR. HUTION. Blow struck a match near my watch, I thought he was going to seize it and buttoned my coat—I was going to give him in charge for attempted robbery, but no policeman was to be found.
ERNEST SOLLY . On 6th February I was a dresser at St. Thomas's Hospital, and assisted Mr. Frondey and Sir William McCormack in performing an operation on Maberley, who was put under ether; he had two scalp wounds on the left side of his head above the ear—the scalp was turned back, and I saw a small irregular puncture, not done by a sharp point, more or less triangular, half or 3/4 of an inch the longest way, and ¼ of an inch at the greatest width; that was the lower wound; it was compressed, compound and comminuted—in the bone of the skull there was a small puncture and a fissure an inch and a half long and curved, and between the fissure and the puncture the brain was depressed, the inner plate of the bone was splintered, the puncture went right through—the lower wound could not have been caused by a stick like this, but the higher one might—the depression might be caused by a blow from an instrument of this kind, but it is equally probable that the instrument which inflicted the puncture depressed the wound—I think the puncture might be caused by the iron tipped toe of a heavy boot—the man was not insensible when I first saw him—he continued in the hospital about six weeks, he was in danger for at least three weeks.
Cross-examined by MR. HUTTON. A fracture of the skull might be a fissure or a puncture; there was no depressed bone—it could not be done by falling on a stone, unless it was very angular—he was not a heavy man and would not have fallen heavily—if he was lying on the ground and a man had done it by running over him with nails in his heels the scalp would have been crushed, which it was not, and if it was an edge which came in contact with his skull there would have been an appearance of grinding—I have not seen the prisoners' boots.
Cross-examined by MR. FRITH. The inner plate of the bone was split, and the skull entirely punctured—I do not agree with this, "the inner plate of the bone was splintered, but the skull was not entirely penetrated," because at the same spot after trepanning had been done and some part of the skull removed some splinters of bone were found—I do not consider the puncture could have been caused by this stick; splintering implies contact by force with an angular substance—I think a circular shape does not affect it, the injury was from an angular substance coming against the skull, not pointed, because a pointed instrument, to have done the damage, would have gone into the brain—splintering shows nothing but that a sharp instrument has been against the bone.
GUILTY of unlawfully wounding. Ten previous convictions were proved against Douns for assaults on the police and others, and several convictions against Douns for assaults, who had still an unexpired term of penal servitude to undergo.— Five Years, Penal Servitude each.
ARNOLD PLEADED GUILTY .
MR. GILL Prosecuted; MR. KEMP Defended.
JOHN FOSTER WILLLIAMS . I am a registered medical practitioner practising at Croydon—I saw Mrs. Wilding yesterday and this mornings—she is 68; she is old for her age and is very nervous and tremulous—she is suffering from palpitation of the heart and intermission of pulsation of the heart—I think it would be decidedly dangerous for her to travel.
ST. JOHN WONTNER . I am a member of the firm of Wontner and gone—we are acting as agents for the Treasury in this prosecution—I was present at the police-court and conducted this prosecution there—among other witnesses I called Mrs. Henrietta Wilding—she was examined in the presence of the prisoner Morris, and he had an opportunity of examining her—I cannot say if he was represented then.
Cross-examined. Morris attended on subpoena to give evidence in the case, and was given into custody on that day.
Henrietta Wilding's deposition was then read as follows: "I live at Selsdon Road, Croydon—in December last I was expecting money from
Messrs. Moon and Gilks under the will of my sister, Mrs. Wright—I thought there was unnecessary delay, and so I directed my son to put the matter into the hands of the defendant (Arnold)—in December last my son brought me a receipt (produced), I signed it—the signature at the back of the cheque is not mine, and I authorised no one to sign my name to that—when I signed the receipt I expected to get my money; I did not get it, and have never been paid. Further examined. I heard my evidence given to-day against the defendant Arnold read over; that is correct.
WILLIAM JOHN GILKS . I am a member of the firm of Moon and Gilks, solicitors, of 15, Lincoln's Inn Fields—we were acting in the matter of Elizabeth Wright, deceased, under whose will Mrs. Wilding was entitled to a sum of money—on 28th December I forwarded this cheque to Mr. Arnold, drawn to the order of Henrietta Wilding—it came back through my bank paid, and in the state it is now—I see the name of Henrietta Wilding on the back; I had seen her signature before, and noticing the signature wrote a letter about the 5th of January, to which I received this reply.
Cross-examined. A junior clerk wrote the rest of the letter—Arnold frequently requested Morris to sign letters, and Morris did so frequently.
The letter was read; it stated that they would procure and send the receipt as required.
WILLIAM JOHN GILKS (Continued). This is my letter of the 5th. (This stated that on the 28th ultimo he had written to Arnold enclosing a cheque for 76l. 1s. 9d. with a request that he would obtain and forward Mrs. Wilding's receipt; that he had had no reply, and that the cheque had been returned through the bank bearing an endorsement which he had reason to think was not hers, and that he would be obliged by a receipt signed by Mrs. Wilding.) In the course of post we had the letter enclosing this receipt. (This was a receipt for 76l. 1s. 9d. from Messrs. Moon and Gilks.) We heard nothing more of the matter till Mrs. Wilding communicated with us, and then she told me she had not had the money.
Cross-examined. The signature to the receipt is the real signature of Henrietta Wilding I believe.
By the COURT. The date of it is 1st January.
THOMAS MATTHEW WILDING . I am the son of Henrietta Wilding—I am a grocer and provision merchant at Croydon—towards the end of December, at my mother's request, I saw Mr. Arnold about the money she was entitled to, and I saw him from time to time about it—the receipt was brought by Young; there was no date and no stamp on it—in consequence of what Young said my mother gave that receipt, and the paper was taken away without the stamp and without the date.
Cross-examined. Mr. Arnold came to my house on the first occasion—Arnold carried on business in Croydon as well as in the Borough—Morris was his managing clerk in the Borough, I believe—I have seen him twice, but I have never seen him at Croydon.
the draft in the bag; I kept the copy I made at the office; I borrowed this paper of Mr. Wilding—the receipt was signed by Mrs. Wilding—looking at it here I should say there was no day of the month in the written portion of it when it was signed—I have no recollection—I don't think it was dated—I wrote the "1st January"; the whole of the receipt is in my writing—I gave the receipt to Mr. Arnold—I think there was no stamp on it when it was signed—the figures on the stamp are mine—I was at Croydon the day before I wrote this letter of 13th January—I don't know why the receipt was dated 1st January, Arnold told me to put that date on—I learnt the lady had not had the money when the receiving order was made—I said to Morris that Wilding had been up and said he had not had that 76l.; I said, "Has Mr. Arnold had it?"—he said "Yes"—the endorsement on this cheque, "Henrietta Wilding," is in Morris's writing.
Cross-examined. I have been in the office for some years—Morris had a singular regard for his employer, and trusted him thoroughly I should think—I believe from time to time Arnold has told the prisoner to sign his signature, and during his absence—I have been with Arnold ever since I left school, eleven years—in his office, as in those of other solicitors, large sums of money had to be paid into Court, debts and so on, always in cash instead of cheques, and in order to do that cheques were made out in Morris's name, cashed at the bank, and the money paid into the various places—the counterfoil of the cheque would have "cash" on it, and if it were a large amount it would say "Payment into Court, so and so," or "wages" and so on, so that every cheque cashed by Morris could be traced by the cheque book and petty cash Book; it would be cashed and Morris would put it in the petty cash boot, and either the counterfoils or the petty cash book would snow every farthing that had gone into his pocket—his salary was three guineas a week—Arnold had an office at Croydon and I chiefly dealt with that office—Morris was very seldom at the Croydon office, he would know what was going on in London and very much less of what was going on at Croydon—he would only know what was going on there from what I and Mr. Arnold told him—Morris had very little to do with conveyancing matters, Arnold attended to them himself, and I occasionally assisted—Gramont's cheque was a conveyancing matter.
Re-examined. Arnold had general control of the office; he had absolute control when he was there—Morris has drawn cheques occasionally.
----ROGERS. I am a clerk at the London and County Bank—Arnold had an account there—this cheque for 76l. 1s. 9d. was paid into his account on 29th December, on this paying-in slip, which is out of his own book—his office is just above the bank.
JOHN GRAMONT . I live at New Cross, and am a gentleman of private means; I invest my money—Arnold has had charge of my matters for some years—in August last I agreed to lend Mr. G. A. Webb some money on mortgage, and on 26th August I called and asked Arnold when Webb's matter was to be settled, as I was going out of town—I left with Arnold this cheque (produced) for 500l., by his request, filled up as it is now (I wrote it at the office), drawn to Webb's order—Arnold asked me to send it, but I would not send an open cheque by post, so I called and left it at the office for Webb with Young—I knew where Arnold banked—the cheque came back to me as having been paid over the counter—I
afterwards made inquiries as soon as I came home, on the Tuesday following I called for the deeds—I know Morris, I have seen him at the Borough—I mostly did business with Young in the open office, Morris being in the enclosed office, where I seldom went—I gave Morris no authority to deal with the cheque; I believed it would be handed to Webb—I did not see the endorsement when it came from the bank—I entered it in my book as usual—some time after I ascertained Webb had not had the money—when I found I could not get the deeds I called on Webb and found he had got the money elsewhere—I got the cheque, took it to Webb, and he said it was not his signature and he had never had the money.
Cross-examined. Arnold, who has pleaded guilty to forging it, was my solicitor—at his request I made it an open cheque; he said if I left it open he would get the money advanced on houses—he said Webb would have to pay something to the party who had possession of the houses.
GERGEH HENRY WEBB . I am a builder at Bromley—in August I was desirous of raising money on mortgage, and some negotiations took place, and Mr. Gramont agreed to lend me 500l.—I attended appointments four or five times to complete, with no result, at my solicitor's, Mr. Lockyer's, office, High Street, Deptford—I went to Arnold's two or three times and saw Young, who said Arnold was at Brighton—I did not see Morris there—in consequence of those appointments coming to nothing I got the money elsewhere—this is not my endorsement on this cheque for 500l.—I authorised no one to write my name.
F. G. YOUNG (Re-examined). Some appointments were made at Mr. Lockyer's office to complete the arrangements for lending 500l. to Mr. Webb, but were not carried out—Mr. Gramont gave me tins cheque for 500l., and I gave it to Arnold a few days afterwards—I believe he was away at the time, and I put it in the safe—I did not see it again till proceedings were taken and I went to the Treasury—Arnold kept an account at the London and County Bank—money was paid in two or three times a week—a paying-in book was kept—to the best of my belief the endorsement of Webb on this 500l. cheque is in Morris's writing—this paying-in slip has not been taken out of the book in the office, it is an odd slip—it is Morris's writing on the paying-in slip.
WILLIAM EVANS . I am cashier at the Southwark Branch of the London and County Bank—Mr. Gramont kept an account there—this 500l. cheque was cashed over the counter on 19th September—I cashed it by a 300l. note, No. 79479, 15th February, 1883; 100l. note, No. 65833, 13th February, 1885; a 50l. note, No. 52686, 30th January; and the rest in gold—I cannot say who cashed it.
----ROGERS (Re-examined). This is a counter paying in slip—the notes of which you have had the numbers were paid into Mr. Arnold's account on September 19th.
Cross-examined. Mr. Arnold had then a balance of 300l., I believe.
ROBERT OLIVE LEGG . I am clerk to Langley and Boden, solicitors for the trustees in Arnold's Bankruptcy—I have gone through Arnold's pass books roughly and find the amount of cheques drawn in favour of Morris is about 11,000l., and as to Arnold about 8,000l.
Cross-examined. I have not taken the trouble to find out what was done with the 11,000l.
The RECORDER considered that there was no case to go to the Jury against
MORRIS— NOT GUILTY .
Sentence on ARNOLD— Five Years' Penal Servitude.
(No evidence was offered.)NOT GUILTY .
Before Mr. Common Serjeant.
MR. BODKIN Prosecuted.
JOHN SHEPHERD RUDD . I keep the Prince of Wales, Ryder Street, Bermondsey—on 22nd March the prisoner came in with two other men about a quarter to ten o'clock—he asked for a pot of ale—my daughter served him—he put down a half-crown, and I said to her "That is bad, bend it"—she bent it in the tester—the prisoner heard that and I said to him "Have you any more?"—he said "I have fourpence to pay for the pot of ale"—I gave him in charge with the coin—he did not offer to run away—he said that he got it at Butler's wharf for a day's pay.
EMILY RUDD . I served the prisoner with a pot of ale—he put down a half-crown—I said to my father "This is bad"—he said "Bend it"—I bent it and said to the prisoner "This is bad"—he said "I did not know it"—his two companions went out and left him there.
JABEZ ASHMAN (Policeman M 411). Mr. Rudd gave the prisoner into my charge—I said "Where did you receive this?"—he said "From Hayes wharf"—I said "Who are the two men who have gone out"—he said "I don't know them, they are two men who I met in the street and brought in here to treat them"—I found fourpence on him.
The prisoner in hit statement before the Magistrate and in his defence said that he had received the coin for his day's pay and did not know it was bad.
He then PLEADED GUILTY** to a conviction of a like offence at this Court in September, 1884.— Two Years' Hard Labour.
MR. BODKIN Prosecuted.
MATTHEW CHICK (Policeman M 225). On 24th March, about 7.40, I was with Godley in Long Lane, in plain clothes, and saw the prisoner standing outside No. 150, apparently waiting for some one—we went across and Godley took hold of his hand and said "What have you got about you? we shall search you and see if you have any bad coin in your possession"—he said nothing but struggled most desperately—a crowd of 500 or 600 collected, and the prisoner shoved me through a large pane of glass, but I did not let go—he threw something from his right hand on to the ground and said "You can search me now if you like"—we took him into a shop, sent for a uniform man, searched him, and found nothing—on the road to the station he said "Don't put anything in my pocket, there is nothing there now"—Godley went to search the place where the struggle took place and came back and said "I have found it," and before he said what it was the prisoner said "It doesn't belong to me, I
never had it"—he gave his address, "24, Eton Street, or somewhere else, anywhere over the water."
Cross-examined. We also wanted you on suspicion of being the man who had uttered a bad coin in the C Division, but the people would not come and see you—you and Clifford (see last case) were at the station at the same time and people came to identify him.
GEORGE GODLEY (Policeman M 146). I was on duty in plain clothes with Church—I took hold of the prisoner's hand and said "What have you got about you?"—he made no reply—I felt a piece of paper containing something hard in his right hand and had nearly got it when he made a tremendous snatch and snatched it away—he struggled most desperately and the window of No. 151 was broken—about 500 people collected, but we got him to the station—I went back, and after the people had cleared away I saw a milk-can about 8 feet from the window of No. 151—I turned it round and found this paper, containing these four shillings with a fold of paper between each—I went back to the station and said "I have found it"—the prisoner said, while it was still in my pocket, "They don't belong to me, I never had them."
Cross-examined. I found them behind the milk-can—I have not said that I found them inside the shop—you were close to the window—after you had got rid of the money you said "You can search me now."
The Prisoner's Statement before the Magistrate. "This does not belong to me, so I think 14 days is enough for me."
Prisoner's Defence. I have been in prison seven weeks and I think that is punishment enough.
GUILTY .— Eighteen Months' Hard Labour.
MR. BODKIN Prosecuted.
ELLEN SPENDBURY . I am employed at a confectioner's, 158, Westminster Bridge Road—on 19th April I served the prisoner Williams with two ounces of chocolate cream, price 1 1/2 d.—he gave me a half-crown; I gave him the change and he left—I then looked at the coin and Burton came in and spoke to me and it was marked in his presence and put on a shelf—I afterwards gave it to Burton—I saw this paper bag at the station; it is the one I put the sweets in; it has Mr. Parker's name on it—I gave him four sixpences, four penny pieces, and one halfpenny change.
GEORGE BURTON (Policeman L 131). At 2.30 p.m. on 19th April I was with Dockerill in Westminster Bridge Road and saw the prisoners outside the Horse and Groom public-house, about 30 yards from No. 128—we watched them some time, and saw Bowers go up to 158 and look in at the door two or three times; he then went back and spoke to Williams—he went back to the shop again and looked in the doorway and then looked towards where Williams was standing, apparently making some signs to him—Williams immediately went into the shop—I waited till he came out and then went in, and in consequence of what the last witness told me we arrested the two prisoners—I said to Williams "I shall take you in custody for uttering a counterfeit half-crown at the sweetstuff shop just now"—he said "I did change a half-crown there, but I did not Know it was bad"—I took him to the station, where he was charged—when the charge was read over to them Williams said "I had 2s. 8d.
altogether, but I did not know how much the sweetstuff would be"—I searched Williams and found on him four good sixpences and 6 1/2 d. in bronze—at the station he threw this bag, which has been identified by Miss Spreadbury, into the fireplace—she gave me a half-crown—I had seen the prisoners together on 9th April in Kennington Road, opposite the police-station, loitering outside a sweetstuff shop, and in consequence of their suspicious movements then, I and Dockerill followed them to several different shops, one in Stanley Street and one in York Road, and from there to the Coach and Hones public-house, Little Compton Street, Seven Dials—we lost sight of them, but on Monday, the 12th April, I and Dockerill went to the Coach and Horses public-house and saw the two prisoners come there about ten minutes to one, about the same time as I had seen them on the previous day—we lost sight of them again on that occasion and saw no more of them till the 19th.
Cross-examined by Williams. I watched you from the police-station windows on the 9th—I was watching you two hours on that day—I have not made a mistake about you.
GEORGE DOCKERILL (Policeman L 55). At 2.30 p.m. on 19th April I was on duty with the last witness in Westminster Bridge Road; we were both in plain clothes—I saw the prisoners talking together outside the Horse and Groom public-house—Brown went up to 128, looked in at the door two or three times, and then went back and spoke to Williams who was outside the public-house—he then went back to 128, looked in again, and raised his hat to Williams, who immediately went into the shop—he came out in two or three minutes and walked 30 or 40 yards up the road—Williams went after him and overtook him; they then separated, and Williams went down Burdett Street; Bower continued along Westminster Road—I stopped him, told him I was a constable, and should take him on suspicion of having counterfeit coin in his possession also for uttering a half-crown at a sweetstuff shop—he made no reply—I took him to the station and said "Where is it?"—he took this small paper parcel from his pocket and handed it to me—it contained four half-crowns, separately wrapped as they are now with a piece of paper between them—he said "That is all; are they bad?"—I said "Yes"—he made no reply to the charge—I said "Where do you live?"—he said "I refuse to give you my address"—I have heard Burton's evidence and confirm it as to seeing the prisoners at Seven Dials.
Cross-examined by Williams. Burdett Street is a thoroughfare, but it comes back into the same street again—you had no chance of escaping, because I was going in one direction and Burton in the other, with a uniform man.
Williams, in his statement before the Magistrate and in his defence, said that he picked up the coins in St. James's Park, and did not know they were bad. Bowers made the same defence.
GUILTY .— Fifteen Months' Hard Labour each.
MR. BODKIN Prosecuted.
Tooting—on 16th April the prisoner came in for twopennyworth of claret, and gave me a half-crown; I gave it to my father, who came back with me, broke it with his teeth, and said to the prisoner "You ought to be ashamed of yourself, taking advantage of a little girl in the bar"—he said "It is one of George's, too"—my father went back and the prisoner gave me a shilling—I gave him a sixpence and 4d. change, and gave the shilling to my father, who said "This is a bad one also"—he called the prisoner back and gave him in custody—this is the shilling.
GEORGE TAYLOR . I keep the Leather Bottle—on 16th April my daughter showed me a bad half-crown—I said to the prisoner "You ought to be ashamed of yourself to give it to a little girl in the bar"—I broke it with my teeth and gave it back to him—he said he was very sorry, he thought he had taken it in change at Waterloo Station that morning—I said "I will forgive you this time, do not let it occur again"—my daughter afterwards showed me a bad shilling—I went outside, caught the prisoner, and told him to come back—he said "What for?"—I said "Come back, I will tell you"—he begged me not to lock him up, and said he did not know the shilling was bad—I gave him in charge with the coin.
JOSEH ELDRIDGE (Policeman V 268). I was called to the Leather Bottle, and Mr. Taylor gave the prisoner in my charge with this shilling—he said he was not aware it was bad, he had got it at Waterloo Station—I took him to the station and found this bad shilling of 1871 in his purse, also three good sixpences and 4d.—the inspector said "Where do you live?"—he said "I refuse to give it," but eventually he said "87, Ingrave Street, Falcon Road, Battersea."
The prisoner, in his statement before the Magistrate, said that he did not know the coins were bad.
GUILTY .—He then PLEADED GUILTY to a conviction of felony in June, 1885.— Fifteen Months' Hard Labour.
MR. SAUNDERS Prosecuted.
WILIAM NICHOLS (Policeman W 290). On 7th April, at 3 a.m., I was on duty in Akerman Road, Brixton, and saw the prisoner a little over a mile from the prosecutor's house—I stopped him and asked him where he was going; he said "Home"—I said "What have you about you?" he said "I have only two or three old knives I picked up in the road"—I said "Where did you find them?" he said "Some distance off"—he then gave me four small knives, which he produced from his left-hand jacket pocket—I took him to the station, where I searched him and found this property (produced) in his various pockets—there are fish knives and forks, a silver jug, pair of opera glasses, cigar holder and case, steel chain and two seals—on his feet he was wearing a pair of boots which have been identified by the prosecutor as his.
DONALD FRASER (Police Inspector W). On this morning I went to 14, Shakespeare Road, the prosecutor's house, and examined the premises about 7 a.m.—I found marks on the back wall and the window of the w.c—I found mortar removed off the wall at the back of the house, as if
by some person's foot; under the w.c. window on the ground floor, and inside the window, there was a small quantity of lime, which had been removed off the outside of the window—the window was 16 inches by 16 inches I should think, and opens with a catch—the side door was found open—I examined the rooms inside with the owner of the property—I found a side table in the back parlour and a cupboard in another room were ransacked—I returned to the station and charged the prisoner, he made no answer to the charge—he was first charged with unlawful possession, and afterwards with burglary.
JOSEPH O'DEA (Policeman W 304). About a quarter to 5 o'clock on this morning I was passing this house, and saw the side gate open—I went to the back and found, the kitchen door open, and then called the prosecutor down—I examined the premises, and found the drawers had been ransacked.
HARRIET BABBINGTON . I am servant to Mr. Light, at 14, Shakespeare Road, Brixton—I had charge of the plate, and put it away at half-past 10 on the previous evening upstairs in the cheffonier—I went to bed at a quarter to 11, having; fastened up the house—the closet window, which opens on hinges, and has only a button to fasten it, was left wide open—there are no bars or fastening to it—it is wide enough to admit a person—the closet door was latched—I was aroused by the last witness, came downstairs, and found the kitchen door, which I had looked and fastened before I went upstairs, open—I identify all these things, including these boots, as belonging to my master.
The prisoner in his defence stated that he found all the things, and put the boots on.
GUILTY of larceny in a dwelling-house.
He then PLEADED GUILTY*† to a conviction of felony in July, 1885.— Eighteen Months' Hard Labour.
RICHARD FIELD . I am a flower-seller, and live at 1, Lubeck Street, Battersea—on 22nd April I was selling flowers at the corner of Falcon Lane at my father's stall—the prisoner came there for a piece of geranium, price 2 1/2 d.; he gave me this shilling—I said I had not sufficient change, and that I would go and get change; he called me back—I put the shilling in my teeth, which sank in; it was soft—I gave him back the shilling, and he gave me a sixpence, and I gave him change, and then I let him get a little way up the street, and sent a boy who was with me at the stall for a policeman, to whom I pointed out the prisoner, who at that time was a good way up Falcon Lane—I saw the policeman go after him and bring him back—I told the policeman what had happened, and the prisoner was taken away.
WILLIAM ROBSON (Policeman V 297). I was on duty in Falcon Lane Lubeck Street on 22nd April, and was fetched by a boy to the last witness, who gave me some information and pointed out the prisoner—I followed him; he was going along the Falcon Road with a geranium in a pot—I asked him if he had bought it at a stall; he said "Yes"—I said, "What did you give for it?"—he said "Twopence-halfpenny"—I said, "What did you tender for it?"—he said "Sixpence"—I said, "Did you tender anything before that?"—he said "No"—I took him
into custody—he dropped this bad shilling—I searched him in the street and found two more bad shillings in his trousers pocket, and also a florin, a shilling, a sixpence, and 4d. bronze, all good—with reference to the two shillings I said, "How did you come possessed of them?"—he said, "I received them from my sister last night for cleaning some rooms"—I told him I should take him into custody for uttering—I took him to the last witness, who said, "That is the man that tendered the shilling"—he said he did not—on the way to the station the prisoner gave the geranium to a boy close by, saying, "You may as well have this, for it a will be no good to me now"—at the station I searched him again and found another bad shilling, one good one, a sixpence, and a halfpenny bronze—altogether there were four bad shillings found on him—he said he supposed he got that last shilling where he got the others—he gave me his address at 87, Ingrave Street, Falcon Road, Battersea.
JOHN ELDRIDGE (Policeman V 268). On 16th April I had occasion to go to 87, Ingrave Street, Falcon Road, (See Queen v. Rallings, page 129), where I saw the prisoner—I said, "Do you know a Mr. Rallings?"—he said, "I do"—I said, "Does he live here?"—he said, "He does"—I said, "When did you last see him?"—he said, "He left home at 9 this morning"—I said, "He is charged with uttering counterfeit money"—his wife said, "We shan't have him home to-night; I am glad of that, as me and my husband had made arrangements coming over the bridge that he would have to go, as he has been here since three weeks after Christmas and he has never paid for his board and lodging, and we have quite enough to do to get sufficient food for ourselves—I said, "Is he a stranger?" (Speaking of Rallings)—the prisoner said, "He is"—I said, "Do you mean to say you took a stranger into your house?"—she said, "He was recommended to us by a friend of ours, and he has been sleeping on the sofa"—I knew nothing of this charge against the prisoner at that time.
The prisoner in his defence stated that he must have received the coins in his wages, and that he should not have uttered them if he had known they were bad.
GUILTY .— Twelve Months' Hard Labour.
MR. BODKIN Prosecuted.
GEORGE SIMPSON . I work for my father at 9, Abbey Street, Bermondsey, a matmaker—on 25th April I was in Tooley Street selling ginger-beer in the middle of the day, when the prisoner came up with a young woman and said to me, "Please give this young woman a bottle of beer"—I served her—the prisoner asked me if I had change for half-a-crown—I said "No," but I put my hand in my pocket and found I had, and I gave him 2s. 5d.—I kept the half-crown he gave me in my hand, and scratched it on my thumb-nail—I showed it to some one passing by and afterwards to a policeman—the prisoner was about 40 yards off, in Bermondsey Street, having walked slowly away with his young woman—I told the policeman, and the policeman ran and caught hold of the wrong man—I called out, "Not him, the soldier"—I followed the policeman up to the soldier, and pointed the soldier out to him and said,
"Please, sir, he has given me a bad half-crown" and then the policeman ran after him—after the constable took him the soldier said he had given me a half-crown, but he did not know it was a bad one—this is the half-crown (produced).
WALTER HOPKINS (Policeman M 265). I was on duty in Tooley Street on 25th April, when Simpson gave me some information and I followed the prisoner and said to him "You have given that boy a bad half-crown"—he said "I have not"—I said "You have; have you got any more about you?"—the prisoner said "None"—I said to him "You Will have to come to the station"—a female was standing by the side of him—as we started to go to the station the prisoner said "I went over to the lane this morning and saw a friend and asked him to lend me half-a-crown; he did"—I was then holding the half-crown in front of him; he said "That is the one"—I said "Where does the man live that gave it to you?"—he said "I don't know; I think his name is Palmer—the prisoner went before the Magistrate on Monday morning—after leaving the dock, in the waiting-room, the prisoner said "I received two hall-crowns in my pay before I left Hounslow on Thursday, I had saved some money up, and that half-crown must have been among the money I saved up"—I made inquiries at Hounslow—the woman, in the prisoner's presence, said she was innocent—she was taken before the Magistrate, charged, and discharged.
The prisoner in hit statement and in his defence denied any guilty knowledge.
NOT GUILTY .
Before R. M. Kerr, Esq.
595. ALBERT WRIGHT (20) PLEADED GUILTY to burglary in the dwelling-house of William Goodall and stealing a musical-box, after* a conviction of felony in July, 1885, in the name of Albert Hook.— Eighteen Months' Hard Labour. And
The following case was accidentally omitted from the last number:—
Before Mr. Justice Wills.
MESSRS. POLAND and MEAD Prosecuted; and MR. ROWLANDS, Q.C., Defended.
GUILTY .— Five Years' Penal Servitude.
ADJOURNED TO MONDAY, MAY 31ST, 1886.