CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. NINTH 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, June 28th, 1886.
Before Mr. Recorder.
683. CHARLES SEYMOUR CHUMM (29) to stealing whilst employed in the Port-office two letters containing 1l. 16s. and two sovereigns.— Twelve Months' Hard labour. [Pleaded guilty: See original trial image.]
686. GEORGE AUSTIN (36) to stealing three coats and other goods, the property of John Frederick Torpey, his master, and to having been before convicted.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
687. ARTHUR HUMBER PALMER (30) to four indictments for forging and uttering cheques, two for 10l., one for 5l., and one for 15l.,— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON prosecuted
ALFRED EDWARD HADOWAY . I am a telegraphist at the Fulham Road Post-office—on 15th June I was on duty at the Exhibition Road Post-office—the prisoner came in there between a quarter and half-past 8, and asked for five shillings' worth of stamps, and put down two half-crowns—I noticed one was bad, and told him—he said he was not aware of it, and that he had taken it at Woolwich on the previous day—I bent the coin between two weights in his presence, sent for a constable, and gave him in charge with the coin.
BENJAMIN LEESON (Policeman B R 37). I took the prisoner, and received this coin from Mr. Hadoway—I asked the prisoner if he could account for the possession of the bad coin—he said, "I must have got it in change of a half-sovereign at a public-house in Woolwich yesterday"—I asked him if he would give me his name and address—he said, "Certainly not, the accusation of tendering a bad coin is quite enough"—I took him to the station, where he was asked his address—he said he had no permanent abode, but gave his name as Charles Rivers—he further said that he was getting the stamps to send to a friend or acquaintance of his at Bermondsey—I asked him if he could give his friend's address; he said, "I don't exactly know now"—I searched him and found only a penny on him, and also this watch-chain, which was sewn to the inside of his left-hand waistcoat pocket, and a brass ring.
The prisoner in his statement before the Magistrate and in his defence stated that he had got the half-crown in change for a half-sovereign at Woolwich, and did not know it was bad.
NOT GUILTY .
MR. WILKINSON Prosecuted.
ANNIE SHARP . I am assistant at a boot shop, 57, Wardour Street—on 3rd May last the prisoner came in for a pair of boots, price 3s. 9d., and put down a half-crown, a shilling, and 3d. bronze—she was with another woman at the time—after they had gone I found the half-crown was bad—the prisoner came again in June, I cannot remember the date—she asked for a pair of boots price 3s. 11d., and paid with a half-crown, a shilling, and 5d. bronze—I told her the half-crown was bad, and she said "Take another," and she gave me a good one—I then made a communication to Mrs. Jacobus, and the prisoner was detained and given in custody with the two coins.
Cross-examined by the Prisoner. I recognised you directly you came in on 3rd June; I am quite sure you are the same person—I said nothing to you before giving you in custody about haying uttered another coin before.
Re-examined. When she came in on 3rd June she said, "You know the kind I want"—I do not remember her asking for a pair of boots with low heels.
Cross-examined. I never saw the prisoner in the shop on any occasion.
JAMES EATON (Policeman C 115). I was called to this shop, and Miss Sharp, in the prisoner's presence, said, "This woman came into the shop about a month ago and passed a half-crown, and before we could get out of the shop she had gone" (the prisoner said she was not in the shop then), "and she has attempted to pass another bad half-crown to-day"—she said she did not know the half-crown was bad—I got one of these half-crowns from Lazarus and one from Annie Sharp—she was searched by the female searcher at the station, and 8s. in silver and 2d. bronze, good money, was found on her—she said she was an unfortunate woman, and that she had had the money given to her on the night before.
The Prisoner's Statement before the Magistrate. "I have been an unfortunate girl for a fortnight, and I got 15s. from a gentleman, and I did not know the half-crown was bad."
NOT GUILTY .
MR. HUGGINS Prosecuted; MR. GEOGHEGAN Defended.
The Jury being of opinion that the libel was not proved to be in the prisoner's writing, they found him
NOT GUILTY .
NEW COURT.—Monday, June 28th, 1886.
Before Mr. Common Serjeant.
BLACK*— Fifteen Months' Hard labour.
LYNES†— Eighteen Months' Hard Labour.
MR. CRAUFURD Prosecuted; MR. GEOGHEGAN defended Townsend.
ELIZABETH EDWARDS . I am in the service of George Hooper, of Lever Street, St. Luke's—on 31st March, about 3 p.m., Shannon came in, and Townsend two or three minutes afterwards—I knew them both, but not as customers—Shannon ordered some fried fish, price 2 1/2 d., and gave me a florin—I gave her a shilling, a sixpence, three pence and a halfpenny—while I was giving it to her Townsend, asked for some fried fish and handed me a florin—I gave her 1s., 6d., and 3 1/2 d. change, and put the two coins into the till, where there was no other money—they went out together with their fish—I took the coins out of the till and gave them to my master; these are them.
Cross-examined by MR. GEOGHEGAN. I knew them both before, Townsend lives about ten minutes walk off—her parents are respectable—Shannon was about three minutes in front of Townsend—it is not unusual for customers to carry their fish away.
GEORGE HOOPER . I keep this fried fish shop—I know Townsend by sight; she was a customer once in one or two months—on 31st March I went into the shop and got two bad florins from Edwards, which I gave to the Inspector, and gave information.
Cross-examined by MR. GEOGHEGAN. I did not bend the coins, I don't know who did—I put this cross on them and identify them by that—Townsend's father is a very respectable tradesman living within 300 yards—50 per cent, of our customers take their fish away, but we have a refreshment bar.
GEORGE SIMPKIN (Policeman G 103). I received information, and on 24th May saw Shannon in Fore Street—I said, "Shannon, I shall take you in custody for tendering a counterfeit half-sovereign at Miss Proctor's, 46, Bath Street"—she said, "I put it down, but I did not know it was bad"—I knew her before—I took her on that charge; she was put with others and Edwards identified her immediately—the half-sovereign case was not proceeded with.
THOMAS CUMMINGS (Policeman G). On 24th May I took Townsend in the City Road on this charge—she said, "I never passed any bad money"—I took her to Old Street station—she said, "I know I put it down but I did not know it was bad."
Cross-examined by MR. GEOGHEGAN. This is the only charge against Townsend—I took her within three minutes' walk from the prosecutor's shop—she gave a correct address—her parents are highly respectable; she assists them in the fruit business.
Re-examined. The offence was committed on 31st March, and I arrested her on 24th May—I knew where to find her all that time, but did not trouble about her till I got Shannon.
ELIZABETH EDWARDS (Re-examined). I got the change which I gave from two gentlemen who came in for fish; I put their money in the till and took it out again for change—the two prisoners conversed together.
Shannon's Defence. I had a florin given me when I was out selling roses—I gave change for it to a young man and did not know it was bad, but I cannot say whether that was the one I took into the shop.
NOT GUILTY .
MESSRS. CRAUFURD and WILKINSON Prosecuted.
WILLIAM BYRAN . I keep the Golden Eagle, 49, Marylebone Lane—on 27th May the prisoner came in with three or four others; one man, not the prisoner, threw down a bad shilling for some ale—I said to the prisoner, "This is one of your party, this is a bad shilling; don't come this any more, for if you follow this up it will bring you to ruin"—I addressed the prisoner because directly I said it was bad, the one that threw it down ran away—this is the coin (produced)—directly they had drunk the beer they all went away, it was not paid for; I gave no one in custody—on 13th June the prisoner came in again with three or four of his companions and a soldier—they paid first with good money, and then called for a pot of ale and two smokes, price 6d., and threw down a half-crown—I gave him two single shillings change and then said, "This is a bad one"—he began to be very abusive and said, "D—you, it is nothing to do with me"—I said, "If you will give me back my change I will let you go, if you don't I shall call in a policeman"—he said he didn't care a d—, and I called in a policeman—they all went out except the soldier—I gave the prisoner in charge with the coin.
EDWARD SPINK (Policeman D 76). I was called to Mr. Bryan's house on 13th June, and he in the prisoner's presence said to me "A man just gave me a half-crown, and it is a bad one, ht man is in the other bar, he went in there"—the prisoner was given in my custody with the coin, he said "You have made a mistake, I am innocent"—I couldn't say whether any more were with him, several others were standing near him, and also a soldier—I searched him at the station and found on him fourpence in bronze and a knife—he gave his correct address, 8, Gees Court, Oxford Street, that is a common lodging house.
the prisoner's Statement before the Magistrate. "I was outside a public-house,
a young soldier called me in to have a drink of beer, I went in and sat down, I was there about 10 minutes, the man over the bar said 'This is a bad half-crown. I saw he was looking at me. I said 'I know nothing about it—he said 'You give me back my change and I will be satisfied'—I said 'I cannot, I have no money in my pocket'—he said 'I will send for the police'—while he did so two or three walked out of the house, I sat down. Two or three came into the other bar and called me. I went round; while there two policemen came in and said they wanted me for this; I told him I was innocent."
The prisoner in his defence repeated the above statement.
W. BYRAN (Re-examined). The prisoner threw down the coin and took two cigars out of the box, and when I told him it was bad he Went to his friends.
GUILTY on the second Count. — Six Months' Hard Labour.
OLD COURT.—Tuesday, June 29th, 1886.
Before Mr. Recorder.
694. GEORGE JONES (20) and ALFRED JACKSON (20) PLEADED GUILTY to stealing a blank cheque and 3s., the goods and moneys of Robert Dalrymple Muirhead, the master of Jones. JONES— Three Months' Hard Labour. JACKSON.— Six Months' Hard Labour.
697. ARTHUR COOPER (21) to stealing six pairs of trousers and other goods of Alphonse Levy and another, having been before convicted of felony.— Twelve Months Hard Labour. [Pleaded guilty: See original trial image.]
MR. BURNE Prosecuted; MR. PURCELL Defended.
NOT GUILTY .
MR. FOOKS Prosecuted.
JOHN FREDERICK MANTZ . I am a baker living at 177, Aberfield Road, Rotherhithe—I knew the prisoner five or six years ago, I then lost sight of him, he was a customer of mine—when he went away he owed me 15s.—sometime in August last he passed my shop and stopped outside, he said "Well you are here still"—I said "Yes"—he said "there is a little account owing to you Which I ought to have paid long ago"—he said he was differently placed now, that he had had a 1,000l. left him, and that he would call and pay me on Monday, I told him I could do with the money now; he then said he had just called on a man named Johnson, who had paid him a cheque for 3l. 9s., and if I liked I could take it out of that—this is the cheque (produced)—I made out the bill and gave him the change in two sovereigns and seven florins—I took the cheque believing it was a good one, and that he had had 1,000l. left him—he gave his address 161, Forkholme Road; I have been there and find he
does not live there, it is a baker's shop—I presented the cheque at the bank and it was returned marked "No account."
JOHN HALL . I am a clerk in the London and County Bank at the Lombard Street Branch—this cheque was presented there on 25th August last, and was endorsed "No account"—the prisoner had an account there which was dosed in December, 1882—the cheque is signed "H. B Craven."
Cross-examined. There was a small amount of 10s. 3d. on the account at the end of the year, which was applied to the payments of charges—the last payment in was made sometime before December, 1882.
JAMES TONEY (Detective M). on 23rd August last I received a warrant for the apprehension of the prisoner, but was not able to execute it until the 27th June, when he was on remand at the Thames Police Court on another charge.
Cross-examined. I had been looking after you everywhere.
Prisoner's Statement before the Magistrate. "I am very sorry."
Prisoner's Defence. Three years ago I was confined in a lunatic asylum for three months, and since then I have often felt very strange, and could not remember anything. I forgot all about this cheque, but if spared I will pay Mr. Mantz every penny. I never received any notice from the bank of my account being closed.
GUILTY .— Two Months' Hard Labour.
MR. BODKIN Presented.
EDWARD TURNER (Policeman T 265). On 1st June, about half-past seven, I was on duty opposite 7, Radnor Street, and the prisoner's son gave me some information, in consequence of which I went to 9, Radnor Terrace and saw the wife—the prisoner had gone for a doctor—I stopped until they came back and I then took the prisoner in custody—I told him what he would be charged with and he said "All right, I will go, I don't wish to get away"—afterwards I said, "What was the cause of it?" and he said, "Look here," pointing to his coat, it was torn, which he said his wife had done with some scissors—this knife was produced at the same time by the prisoner; he pulled it out of his pocket voluntarily and said, "That is the knife I did it with"—it was closed, there were no marks on it—I fetched Dr. Webber, the divisional surgeon, and the prisoner had fetched Dr. Atkinson.
JOHN MITFORD ATKINSON , B.M., M.R.C.S. I live at 29, St. Mary Abbott's Terrace, Kensington—on 21st June I was fetched by the prisoner, I met him as I was going into my house—I asked him what he wanted, and he said that he wanted me to go and see his wife—I said, "What is the matter with her?"—he said, "I have stabbed her"—I asked him why he had stabbed her, he said because she had pawned the boy's boots and got drunk with the money—I said, "Where did you stab her?"—he said, "In her back"—I asked him what he stabbed her with and he produced this knife out of his pocket—there was no blood on it because it had gone through the clothes—I went with him to the house and found the wife sitting on the bed, half dressed, in a semi-fainting condition from loss of blood—with the help of a woman who was there, I took off her clothes and found in the left loin a wound about two inches
deep and three quarters of an inch long, there was a out in the stays corresponding to the wound—I dressed the wound and then left her in the charge of the policeman—there had been a fair amount of haemorrhage—the wound was in a dangerous place—I also examined her carefully as to her sobriety and came to the conclusion that she had been drinking—at the second remand at the police-court, the Magistrate wished me to examine the prisoner's coat—I did so and found three cuts, one over the left-hand side pocket, one on the left shoulder, and another close to the left elbow, they might have been done with a pair of scissors—I could not say whether the prisoner was sober, he was excited.
ERNEST CECIL VAN BUREN . I am assistant medical officer at the Kensington Infirmary—on 1st June I received the prosecutrix into my charge, suffering from an incised wound, and she remained under my charge about a fortnight and three days, when she was discharged cured—she never had a bad symptom.
EMMA COWSY . I live at 9, "Radnor Terrace, Warwick Road, and am the prisoner's wife—I have been married to him 11 years and have three children living—he is a labourer—on 1st June, between 7 and 8 p.m., we were together in the house and had some words about pawning the children's boots, I had pawned one pair and he had pawned the other pair—I had had two or three drops of beer that day—during the quarrel he struck me with his open hand, I returned it by picking up the scissors and hitting him just above the shoulder; he then pulled this knife out of his pocket and struck me in the side—I was then dressed as I am now 'with the exception of my jacket—he then went out; my little boy came upstairs and I told him to go and fetch a policeman—the prisoner came back with a doctor—he was drunk.
Cross-examined. I was under the bed when you came home because I was afraid of you—I had pawned the pair of boots because you should not pawn them, I had earned the money.
FREDERICK WESTON (Inspector F). I was present when the prisoner was charged—he made this statement to me which I wrote down at the time, "We were quarrelling about her pawning the boy's boots; we had a struggle, in which she tried to cut me with the scissors and I cut her with the knife in self-defence, if I had not cut her she would me."
Prisoner's Statement before the Magistrate. "I have led an awful life this last two or three years; she has been continually getting drunk; she stabbed me in the arm five years ago, and hit me with a pint pot three months ago."
GUILTY of unlawfully wounding. — To enter into his own recognisance in 20l. to keep the peace for twelve months.
MR. PURCELL Prosecuted.
THOMAS MORSE (Policeman N 371). About seven o'clock on 22nd June I was in Northfield Road on special duty, in plain clothes—I saw the prisoner, with two or three smaller boys, looking over the railway bridge of the Great Eastern Railway, and as a train approached I saw the prisoner throw a stone which struck the roof of a carriage—I went towards him, but before I could get to him another train approached, and he threw another stone which struck the roof of a carriage—on seeing
me he ran away, I followed him and took him in custody—I told him he had been throwing stones at passing trains—he said, "I did not do it"—I took him to the station—the stones were a trifle smaller than a hen's egg.
Cross-examined. I did not see the smaller boys throwing stones—I was about 90 yards from you, not 300 yards.
WILLIAM THOMAS WILD . I am station master at the Stoke Newington station of the Great Eastern Railway—the Company had to employ both our police, and also Metropolitan police, to protect this bridge over the line between Stamford Hill and Stoke Newington; many windows have been broken by boys throwing stones—passenger trains passed under this bridge every five minutes.
Prisoner's Statement before the Magistrate. "There was Thomas Reader and John Knight along with me, they were aiming at small birds; they said a detective was coming and ran away, and I stood still."
GUILTY.— Judgment Respited.
NEW COURT.—Tuesday, June 29th, 1886.
Before Mr. Common Serjeant.
MESSRS. CAUFURD and WILKINSON Prosecuted.
LAURA PRICE . I am barmaid at the King John's Head, Albemarle Street—on 21st June, about 9.35, I served the prisoner with a glass of beer, price 2d., and he gave me a bad half-crown—I took it to Mr. Shelley, the landlord's son, and the prisoner ran out, leaving his beer on the counter—I had said nothing to him about the coin—this is it.
FREDERICK SHELLEY . My father keeps the King John, Albemarle Street—on 21st June the last witness handed me this half-crown—the prisoner saw me getting over the counter to stop him, and ran out—I followed him about 120 yards, went up to him, and said "Oh, this is your little game, is it; you had better come with me to the station"—he said "I have got no more on me"—I had said nothing about money—I took him to Regent Street, met the sergeant, and gave him in custody—the sergeant searched him in the street, and found some coppers.
JAMES COCHRAN (Police Sergeant C). Mr. Shelley gave the prisoner into my custody—I told him the charge, he said "I did not know the coin was bad, I got it from a man in the street"—I made a rough search and found 4d. on him—he said at the station that he had no home; he afterwards gave his address 2, Tudor Street, Tottenham Court Road, which was correct.
The prisoner in his statement before the Magistrate said that he received the coin from a man in the street, and thought it was good.
GUILTY *.— Three Months' Hard Labour.
MESSRS. CAUFURD and WILKINSON Prosecuted.
came in for a glass of beer, price 3d., and gave me a half-crown; I gave him two shillings, and threepence in copper—five minutes afterwards I went to the bar and asked my master whether it was good, and showed it to the barmaid, who bent it in a tester—I afterwards gave it to a policeman—this is it (produced)—two or three days later, about 11 a.m., I had a conversation with a detective, and about 10 o'clock that night Windt opened the door at the side of the house and beckoned me out, saying "Come out, Louis"—I went out and asked him what he wanted—he asked me whether I was willing to do some business with him about tome false coins, and said that he was doing business with some waiters in the Exhibition, and that he always went to the suburbs on Sunday with false coins, and he would bring me as much false coin at I wanted and would charge me 2 1/2 d. for a half-crown, and would supply me with shillings, half-crowns, and half-sovereigns, and for 1l. he would bring me 3l., but I was never to have more than one piece in my pocket, and when I passed a coin I must take my finger and wipe it over the blacking on my boots and pass it over the coin—I said "Where do you get the money from?" and he said "I will tell you if you will give me your word of honour that you are not going to tell anybody else; it is manufactured in Seven Dials, in a cellar; we make it in forms"—he asked if he should bring it that day—I said "No, bring it to-morrow," for I knew the police would be there then—Windt promised to be there next day, but he did not turn up till the 13th, when he came with Thorne—Windt ordered two glasses of beer and a cigarette, which was not paid for—I asked him if he had the money with him, he said "No, but you can come with us, and we will fetch it; give me 1l., and I will give you 3l."—I went with them to the Fishmongers' Arms, West Street, a quarter of an hour's walk, and on the way there Thorne said "Wait with my friend in the public-house and I shall go and fetch the money; give me the 1l. first"—I said "No, could not I go with you?"—he said "Yes, you must go and wait for me at the corner, I shall go into the house"—Windt could hear that—Thorne went away by a different door, and I stayed with Windt and told him I should have to leave him for a short time, just to ask my master's permission to stay away another half-hour, and then I went into a milk shop and had a conversation with the police, and then returned to the Fishmongers' Arms, three minutes' walk—Thorne did not come back, but his son went and fetched him—he took a seat in a corner about two steps from the bar, and wanted to give me a packet of money in brown paper, but I did not take it; I told him I would take it outside in the street, not in the public-house—we went out, and Windt said "Let us go into a smaller public-house, where there is more quiet," and we all three went to the Lamb and Flag, Covent Garden—Thorne offered me the parcel again, but I did not take it—I had some soda and brandy—everybody ordered for himself, and no money was paid—the police came, in and took them in custody—Windt always spoke in German—I spoke English with Thorne.
Cross-examined by Windt. I was rather confidential with you, being able to speak your language to a certain extent—I never tried to incite you to commit a robbery at your master's house; you said that you would tell me the cellar where the money was made, consequently I acted under the instructions of the police—I never saw you before the 3rd—I never told you that I stopped downstairs half an hour after everybody else was
gone from the restaurant—I never mentioned the sofa to you—I did not say that I bent my body over the counter and saw where my master kept his money—I know a little waiter out of employ, but did not know that his name was Tady; he came with you—I did not tell him that there was a nice place to conceal money, under the sofa, or that I had a note which some one had lost which I wanted to change; I told you that I once saw a Frenchman with a 5l. note, but whether good or bad I cannot say—I never said that he was a bully who lived upon women, or that I was acquainted with such people—I did not tell you and Tady that I could get false notes for 10s. each; I never spoke about them—the Frenchman wanted me to change the note, but hearing from you that there were false notes about I declined—a friend of yours offered me a 1,000 franc note, for which he demanded 40s. or 50s.—I have been seven months in England—I could not speak English till I came here; I came from Italy—I can speak as much Italian as is required in my business; I was there four or five months, and brought a certificate of my character from my employers—the signal arranged between me and the police was that I should take the man who had the money by his arm, and also wave my handkerchief—I never gave you any money—you once came with some friends to my employer's house and had 13 glasses of beer, which was not paid for—they offered me two bank notes on a bank which I do not remember—I said that I had no money to purchase them, and did not want to have anything to do with them, upon which you said, "If you don't give us 2s. each we shall go and tell your master and get you out of place, telling him you tried to induce us to steal some money from him"—I said, "You may go to my master at once, if you don't I will"—you said, "If you don't give us any money we will watch you leave your business to-night and beat you," and in order to get you away I gave you 2s. and your friend 1s., that is the only occasion on which I gave you money—I told my master after you had left, but I did not tall him till next day that I had given you money, and I told him you had made inquiries about his premises and wanted to steal the cash box—I did not tell him that I had told you I always stopped half an hour down-stairs, and always covered the sofa after the customers left—you asked me whether I did so, and I told you yes.
Cross-examined by Thorne. I never saw you before May 13th—you waited about a quarter of an hour, but you did not ask for money during that time because I went upstairs to inform the police, and came down and asked my master if I could go out—three of the police were upstairs, and when we went outside (you would not go on—you saw a German detective in the restaurant and you said, "I will not go any farther, I am afraid of that detective"—I said, "Here is 4d., go to that public-house in Bedford Street and have two glasses of beer"—I then went and spoke to Inspectors White, Enright, and Rowe—I did not tell the Magistrate that I saw the German detective, he did not ask me—the police were up-stairs while you were down, but the moment you left they came down and went after you—when I went to the public-house in Bedford Street you were outside and the police were on the Strand side; we then went to West Street, you did not go into the Fishmongers' Arms with us, you went away to fetch the money and came in in six or seven minutes, your son fetched you—I changed a florin there—you showed me the package when you came back, I did not see what was in it; you told me it was
money and I heard it sound, and you having spoken of counterfeit coin before, I assumed that it was counterfeit coin—I did not intend to take it at all; I intended the police to take you with the money in your possession—the bar is divided into two compartments, and you sat between two large barrels—it is a corner house, and there is an entrance from each street with a parting between, and when you come in from West Street you cannot see persons who come in from the court—you must go outside to get from one compartment to the other—you can see the milk shop from the door where the police were—I took the left arm of the man who had the money, but I made no sign with my handkerchief because you would have observed it; I had pre-arranged to do so—you both went into a urinal and then I did not see you, and when you came out Windt said "Let us go to a small public-house where it is very quiet"—I said, "Very well," and we did so—I said, "I want to go to the w.c," but I did not; my object was to get outside and tell the police, who were standing in the doorway—I went to them and said, "Now come in and fetch them"—they followed us to the Lamb and Flag, and I knew they were standing in the doorway because I opened the door and saw them, and said, "Now you have got them," but you could not see them because my movement was too quick—they followed us from the milk shop ten paces behind, and all the way from the Fishmongers' Arms—I had hold of your arm the whole distance, except when you went into the urinal—the charge I made against you was that Windt paid me for drink with counterfeit coin, and the second charge was that you endeavoured to supply me with counterfeit coin—I think I said that it was on the 6th or 6th May, not the 3rd; I am not positive whether it was the 5th or 6th—I may have said Thursday the 6th before the Magistrate next morning, because I had no interpreter that day—I made a mistake, the 6th is correct—you said if I took silver money of different kinds you would give me 3l. for 1l., but gold money would be 1s. or 2s. each piece—before I came to England I was a waiter at Vichy, and in Paris I was an hotel clerk, and I brought written characters to England—I wanted to show them to my master, but he said they were not necessary as I was not engaged for a fixed time and I was recommended by a customer.
HERMAN AMBRUSTER . I keep the Windsor Restaurant, Strand—Wagner was in my service in May, but has left now—four or five days before May 13th he passed a bad half-crown over the bar when we were shutting up, about 12 o'clock; he told me where he got it—I left it in Ms possession—four or five days afterwards, about one o'clock in the day, Wagner said to me, "They are coming," and I saw the prisoners come in; they remained about half an hour and he waited on them and went with them when they left—I received Wagner on the recommendation of a customer, and he stayed with me five months.
Cross-examined by Windt. I never asked Wagner for a written character—I did not say that I did not want it—he did not tall me that any strange men were coming, nor did I inform the police.
Cross-examined by Theme. On the morning you were arrested, three detectives came in, I saw them going up and down stairs—Wagner told me they were coming—I saw you both leave the house with Wagner—the detectives had gone out before that—Wagner came back after you were charged—I discharged him because he had to attend here, and put some one in his place, I do not consider him in my service now.
JAMES ENRIGHT (Detective Sergeant E). In consequence of in formation, on 13th May I kept watch with Sergeant White to the Windsor Restaurant, Strand, and saw the two prisoners go there about 1.30—they were there about half an hour and came out with Wagner, and the three went to the Fishmongers' Arms, West Street, St. Martin's Lane—we went to a milk shop on the opposite side and did not see either of the prisoners come out—I nave examined the house since and found that they could not come out without our seeing them—Wagner came to us in the milk shop, made a communication, and left, and I saw him enter the Fishmongers' Arms again—they all three left in ten minutes and went to the Lamb and Flag, Rose Street, Covent Garden—we followed them there and saw them go in; we entered a minute or two afterwards with Barnes, who was in uniform; Thorne was sitting in a chair in a corner of the compartment, and Windt was about two feet from him, and Wagner between the two—as I went up I saw Thorne drop this packet from his left hand, by the side of his chair, on the flow between his chair and the counter—I saw it in his hand before he dropped it—I had my hand on him at that time and said, "I am a police sergeant and am going to search you, as I suspect you of haying some counterfeit money in your possession"—he said, "I know better than that"—I saw the packet picked up from the side of the chair—I searched Thorne, but only found a knife—I took him to Bow Street and there examined the packet, it contained ten bad florins, eight bad half-crowns, and ten bad shillings, all separately wrapped in tissue paper and then in brown (produced)—Thorne was placed with seven others at the station and Wagner picked him out—they were charged and made no reply.
By the COURT. We were not upstairs in a private room of the hotel.
Cross-examined by Thorne. If there was a cart going by, you might have come out without my seeing you, there is a great deal of traffic in the street and several carts went by—Wagner saw us in the milk shop—he did not say that if the man had the money when he came out he would take hold of him by the left arm and take his handkerchief out and signal—he told us that the shorter man had gone for the money—he spoke very good English—I made no arrangement with him as to which man had the money—I think he had you by your arm when you came out of the Fishmongers' Arms, but I won't be positive—he did not leave you—I did not go into the urinal nor did I see you go in, but there is one there and there are two entrances—I knew that Wagner would come out because Sergeant White had communicated with him—we followed about fifteen yards behind you and saw you go into the Lamb and Flag, I was then only two or three yards from you—I stopped outside to get the assistance of a uniform man who is always at the fixed point—you sat in a chair, and Wagner was about seven feet from you, with his face to the bar—he could have opened the door without my seeing him—he did not say to me, "Come in and take them"—when you dropped the packet I told the uniform man to pick it up, and he handed it to Sergeant White—I found no money on you.
Re-examined. The urinal is seven or eight yards from the milk shop on the same side, but opposite the Fishmongers' Arms; from there I followed the prisoners to Langham Place and am quite sure they never went into the urinal.
Wagner gave me some information through Mr. Rowe, the interpreter, it Charing Cross Hotel—I saw Wagner, and gave him instructions—I was with Enright on 13th May watching the Windsor Restaurant on the opposite side of the road—I had a glass of ale there about noon, but did not go upstairs—about 1.30 I saw the prisoners go in together, and in about half an hour they came out with Wagner and went to the fishmongers' Arms in West Street—Enright and I then went to a milk shop 20 or 30 yards from the Fishmongers' Arms on the other side of the street—Enright watched, and I was at the back of the shop—to street is in St. Martin's Lane, and there is considerable traffic—Wagner came across and spoke to us for two or three minutes, and then went back to the Fishmongers' Arms—I then saw the prisoners come out and go to the Lamb and Flag—I did not see them go into the urinal, and I did not lose sight of them—we got Barnes's assistance, Who was in uniform, and we all three entered the public-house—I saw Thorne sitting down, and Wagner standing opposite him between the two—I heard something drop, but did not see it—Enright took hold of Thorne, and told Barnes to look behind Thorne's chair—I searched Windt, and found a pocket-book, a shilling, and 1 1/2 d., good money—he was charged with uttering a half-crown on 5th May, but it turned out to be 6th May—he said, "If I have paid that half-crown I do not know good money from bad"—this (produced) is the parcel Barnes picked up and handed to me—I received these letters from Windt. (One of these was addressed to the Commissioners of Police, signed "G. Windt, July 24th, 1885," offering his services to the police, and' stating that he had been private detective in Kimberley, South Africa, and had been connected with card sharpers, and was acquainted with all the tricks of the profession. Another litter was addressed to Sergeant White, Scotland Yard, signed "G. Windt," giving a history of his life, and asking for employment) I received another letter two or three days ago, which I sent to the Police Commissioners.
Cross-examined by Windt. I have made inquiries about you, and they were generally correct—I have found nothing criminal against you—you are an interpreter, but you have been working as a labourer—I made inquiries at the Colonial Exhibition; counterfeit coin has been passed there; I cannot connect you with it, but a statement was made in the Standard that you had been supplying the waiters there with bad money; I have not heard anything to verify that.
Cross-examined by Thorne. The milk shop is three-quarters of a mile from the restaurant—Wagner described you as the short dark one, and said that you had gone for the money, and that he would catch hold of the man's arm—he only held your arm momentarily, not the whole time—I never lost sight of you three till you got to the Lamb and Flag—I was nine or ten yards behind you, and saw you go in—we followed you in about a minute—I did not see Wagner open the door and beckon—Enright was in the bar when the constable picked up the packet, he told him to pick it up—four or five people were in the bar, but in the position you were sitting in it was impossible for anybody else to drop it; no one else had access to that extreme corner.
WALTER BARNES (Policeman E 281). On 18th May I went with Enright and Wright to the Lamb and Flag by their direction—I was at the fixed point 20 yards off—I followed them in, and Enright told me to see what one of the prisoners had dropped by the side of a chair—I
looked and found a small brown paper parcel at the back of a chair in the corner of the compartment nearest to the counter—I gave it to Sergeant Wright; this is it—there was three or four inches space between the chair and the parcel, which was against the counter, by the back leg of the chair—I had to pull the chair out before I saw it; it was not exactly under the chair—it could not have rolled more than two inches—when Enright fold me to pick it up I had one foot inside the doorway and one foot out—I did not notice how far Wagner was from the chair.
Cross-examined by Thorne. I knew that Sergeant Enright was a detective; he told me to follow towards the Lamb and Flag, and I did so and stood at the door to prevent any one coming; out—I was still at the door when Enright told me to go to your chair and pick up what you had dropped behind it—it was rather dark, and I had to move the chair to see; I then found the packet behind the left leg of it—no one but you could have dropped it—it was more square than round—I did not see Wagner inside the bar, and did not know he was concerned in the case till afterwards—I saw him outside.
HAM PAWSON . I keep the Lamb and Flag, Rose Street—on 13th May I saw both the prisoners and Wagner in the bar—Thorne was fitting down, Windt was standing, and Wagner was between them—my wife was serving them, when two detectives came in; Wagner had then gone out—the detectives laid hold of the prisoners, and a constable in uniform moved Thorne's chair and picked up a parcel—I should say that Wagner could not before he went out have dropped the parcel where it was found—I heard something heavy drop on the floor after the constables came in.
Cross-examined by Windt. It might have rolled to where it was found, but it could not have rolled very far, because of the beading—you were in there about three minutes; my wife had not had time to serve you—Wagner came in with you; he did not sit down in the chair, nor did I see him stoop to pick up a cigarette.
Re-examined. When I heard something drop, Wagner was outside.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these nine half-crowns are bad—the one uttered by Windt is from the same mould as one of those in the parcel—these ten florins and ten shillings are bad, and all from different moulds—they are always rubbed before they are uttered—blacking or lampblack is put on them to give them a tone.
Cross-examined by Thorne. I cannot see the necessity of rubbing them on your boot, because most probably they would be black beforehand—by "tone" I mean colour, not sound.
Windt in his defence stated that Wagner had sworn falsely, and had asked him, Windt, to change false notes for him. He contended that his bribing him with drink proved that he was anxious to conceal something, but that he got frightened and informed the police; and that no doubt Wagner had the packet at the Fishmongers' Arms, but had no opportunity of using it. Thorne in his defence stated that he met Windt, who took him to the Windsor Restaurant, where the waiter talked to him in a foreign language, and charged them nothing for their refreshment; that they then went to the Lamb and Flag, and when the police came he submitted to be searched by them, and Enright told the constable to search for a parcel. He contended that as the police-officers had contradicted each other upon several points, there might be an untruth told about a parcel being dropped, and that Wagner had concocted the matter to clear himself.
GUILTY.— Judgment respited.
THIRD COURT.—Tuesday, June 29th, 1886.
Before Robert Malcolm Kerr, Esq.
MR. WARBURTON Prosecuted; MR. PRUCELL Defended.
FREDERICK LEGARSICK . I am a paper-hanger of 44, Great St. Andrew Street—at 12.30 p.m on 30th May I was just entering Endsleigh Street, St. Pancras, going home, the two prisoners came and asked me for a lucifer, and then they both struck me in the face severely and robbed me of 8s., I could not walk for a week afterwards—I did not lose sight of them for more than two or three yards, I let them get a little way off and then saw a constable—I had not had a little to drink, I was stupefied from the knocking about—I had been playing a cricket match in Regent's Park all the afternoon, and left there at 8.30.
Cross-examined. From there I went to a refreshment place on Primrose Hill till 10 30; several glasses passed between the two elevens, I might have had four or five—after that I went to a place in Camden Town, where I was for not five minutes, I left there at 12 o'clock—I met some friends at Seymour Place, I went into no house with them—I was not drunk—I had been drinking, but I told the Magistrate it was the knocking about—I was by myself when I got to Endsleigh Street—I had taken my turn in paying for the drink at Primrose Hill—I know within a shilling how much money I started with that afternoon, and how much I paid for drink, within a halfpenny, and how much I had left—I called out "Police"—the prisoners had just got round a corner and I saw a policeman and made a fresh run at them—I did not fall down a good deal in the course of the evening—both of them asked me for a light, and both struck me almost instantaneously on my face—Carroll held me from behind under the arms, and Murphy was in front, they both rifled my pockets—they were in the hands of the police in about six minutes—I had my nose dressed by a doctor.
JABEZ HODGE (Policeman E 475). About 12.30 or 12.45 on 30th May I heard cries and went up Endsleigh Street, where I saw the two prisoners walking about 20 yards in front of the prosecutor—I stopped them and the prosecutor came up and said "I give those two men in custody for assaulting and robbing me of my money"—I took them—no one else was there—I searched them at the station, and on Carroll found 8s. in silver and 7d. bronze, and on Murphy 2s. silver and a halfpenny—I believe the prosecutor was very much under the influence or drink—he was bleeding from the nose and had a scar on his nose—when I arrested them all they said was "All right, we will go quietly"—no one else was in the street.
Cross-examined. Carroll gave me an address to which I went, I found he was known there.
NOT GUILTY .
MR. AVORY Prosecuted.
GUILTY .— Twelve Months' Hard Labour.
MR. WARBURTON Prosecuted.
WILLIAM CLEARY . I am assistant to Patrick Cleary, my father, at 223, York Road, Wandsworth—on 21st June about 6 o'clock I left a gelding, van, harness, two cloths, a basket, and two sacks, altogether worth about 50l., outside Smithfield Market—I came back and missed them—I spoke to the police.
HENRY MAY . I am a slaughterman of York Road, Battersea—about 6.30 on 21st June I was going over Blackfriars Bridge and saw the prisoner with a horse and van—they stopped at a public-house in Queen Victoria Street—I knew the van that had been stolen, and spoke to a policeman.
Cross-examined by the Prisoner. You were half way up the bridge when I first saw you.
GEORGE JAMES SMITH (Policeman E 587). About 7 o'clock on 21st June I was in Cannon Street, when May drove up and gave me some information, in consequence of which I got on his van and went to where the prosecutor's van was standing—I saw four men close by it, the prisoner was one, he had the whip in his hand; when we were about 20 yards off they ran away, we gave chase, the prisoner threw away the whip and ran, I caught him and asked him if he knew anything about the van, he said no—I told him I should take him to the station—May identified him as the man he had seen driving.
Cross-examined. You all ran away together.
The prisoner in his defence stated that he was coming over Blackfriars Bridge and the men in the van asked him to get up, and then asked him to drive, that the men ran away, and then he ran.
NOT GUILTY .
MR. WARBURTON Prosecuted.
RICHARD JAMES AYMES . I keep the Rose and Crown, Mare Street, Hackney—on the night of 1st June, about 12.45, I went round and saw that all was safe—a little after 3 o'clock I was called by the police, and found that an entrance had been effected at the back window, where a shutter had been taken down—the door had been opened leading from the room into the bar—we missed 2l.—the prisoner had been in my house at a quarter to 12 that night—I have employed him occasionally, but was not doing so then.
Cross-examined by the Prisoner. The tap-room shutter was not bolted, there was no bolt to it—the doors were all secure.
Re-examined. A shutter was up to the window, and a person could not get in without removing it.
me from time to time—on 3rd June I met him, and he told me that another man entered the place and he waited outside to give a signal if any one was coming, and that after the man had got the money he came out and they went down the road and shared it—I saw the other man the day previous, I have not seen him since.
Cross-examined. It was about 6 to 7 o'clock on the evening of the 3rd you told me this—I was not in Sergeant Mackenzie's company the whole of that time.
ROBERT MACKENZIE (Police Sergeant). On 9th June I took the prisoner, and told him it was for being concerned with another man in breaking and entering the Rose and Crown public-house on the 1st instant—he said "I am glad you have come, I have been tired of keeping out of your way; Ted broke into the house, I kept watch in Mare Street; when he came out we went down Mare Street, and he gave me 13s. 6d., out of it."
Cross-examined. On the 3rd instant Cooper was with me from 6 to 8 o'clock looking for the other man.
The prisoner in a written defence asked the Jury whether it was probable that he would have made such statements as those attributed to him, which were the only evidence against him.
NOT GUILTY .
709. GEORGE TOVEY (17) to breaking and entering the warehouse of Horatio Saqui and another, with intent to steal, having been convicted of felony in November, 1884, in the name of George Smith.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
711. JOHN CLOVES to stealing, whilst employed in the Post-office, a post letter containing money, the property of Her Majesty's Postmaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
712. THOMAS JAMES HATCHARD (27) to robbery with violence on Edward Wood, and stealing a watch chain, having been convicted of felony in Nov., 1883, in the name of Thomas Miller.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
713. GEORGE ROBERT SPILL (17), WILLIAM ARTHUR DRAYTON (17), ALFRED LAWSON (16) and ANDREW COMETTI (18) , to breaking and entering the Trinity Presbyterian Church, and stealing a tablecloth and other articles, and JAMES GODFREY BARNES to receiving the same.— Twelve Months' Hard Labour each. [Pleaded guilty: See original trial image.] And
714. WALTER BRAY (18) to burglary in the dwelling-house of Richard Strutt, and stealing a watch and other articles, after a conviction of felony at this Court in September, 1884.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WARBURTON Prosecuted.
NOT GUILTY .
OLD COURT.—Wednesday, June 30th, 1886.
Before Mr. Justice Day.
MR. POLAND Prosecuted.
GUILTY .—PIKE— Fifteen Years' Penal Servitude. RICHARDS and WAKELAND— Ten Years' Penal Servitude each.
MR. RIBTON Prosecuted; MER. BURNIE Defended.
GUILTY. of the attempt. — Two Years' Hard Labour.
MR. ISAACSON Prosecuted.
GUILTY .— Ten Years' Penal Servitude.
MESSRS. POLAND'S and CHARLES MATHEWS Prosecuted; MR. RAVEN Defended.
After MR. POLAND'S opening, MR. JUSTICE DAY, having read the depositions, considered that the death was the result of accident, upon which MR. POLAND offered no evidence.
NOT GUILTY .
MESSRS. POLAND and CHARLES MATHEW Prosecuted.
SARAH JANE EVANS . I am midwife at St. Luke's Workhouse, Chelsea—on 21st May the prisoner was confined there in my ward of a female child—she neglected feeding it properly, I called her attention to it two or three times, she simply smiled—I had also complaints made to me by other people as to her treatment of the child—she left the workhouse on 11th June, taking the child with her—it was dressed in the same clothes as it had on when found—I saw it dead on 15th June, at St. George's Hospital—I recognized it by a mark just below the navel, and also by the clothes; it was the prisoner's child—the clothes had been sent to me by a patient, and I had them in my room for some days.
RUTH PEARCE . I am servant at 50, Flood Street, Chelsea—on 11th June I met the prisoner as she came out of Chelsea Workhouse; she had a child with her—I walked with her in the direction of Kensington Gardens; I left her about 11 in the morning by Queen's Gate—I saw the child, it was quite well—she rapped it unkindly on the back once rather hard, it was not a caress, she used a bad word at the time—she tried to give it the breast once but it did not take it—she said she was going to take it to a Young man's sister at Acton and leave it there—I had
recently lost a child, and I sold the prisoner some clothes belonging to it—these produced are the clothes, I saw them on her child when I left her.
SIDNEY FENNELL . I live with my parents at 67, Richmond Road, St. Stephen's Square—I was playing in Kensington Gardens one morning and saw a bundle in a black shawl lying by a tree—I just lifted it up and saw a baby's hands; I put the shawl down again and spoke to several people about it, and one person took notice of it—a policeman came up and took my address, and I was called before the Magistrate.
SAMUEL HALES (Policeman). At a quarter past 11 on 12th June I was in Kensington Gardens—my attention was called to the dead body of a female child; it was quite cold—I took it to the station and sent for Mr. Blackett—I took it to the mortuary of St. George's Hospital, where Mrs. Evans saw it.
ARTHUR KINGSFORD . I am porter at Chelsea Workhouse—on 12th June I was on duty there about 11 p.m., when the prisoner came back to the workhouse—I asked her where her child was—she said she had left it with her friends at Acton—I took her word and admitted her.
JOSEPH BYRON BLACKETT . I am a surgeon, and am surgeon to the A Division of Police—on 12th June I was called to the police station in Hyde Park, and was there shown the dead body of a female child—I afterwards made a post-mortem examination of it—the stomach was empty—all the organs were healthy—the brain was congested, more than is generally found in children of that age—there was a great want of fat, it was a puny, delicate child—I was not able to arrive at any cause of death—the symptoms were consistent with the want of proper nourishment—if it had been 12 hours without food that of itself would not have been sufficient to cause death; I can suggest no cause—exposure for 24 hours without food might cause death; it would depend very much on the state of the weather and the strength of the child—it was a delicate, weakly child; if the weather was very cold and it had an empty stomach it would not remain alive very long—the condition of the brain was more in favour of convulsions than anything else; the appearances after convulsions would be very slight—exposure might bring on convulsions, and that might cause death.
HENRY MARSHALL (Police Inspector A). On 24th June, about a quarter past three, I went to Duke Street, Manchester Square, where I saw the prisoner; she was in service there—I told her who I was, and that I was going to take her into custody for causing the death of her child by abandoning it in Kensington Gardens on the 11th—she said, "No, not mine, it is down at Acton"—I cautioned her, and upon that she said she had a child at Chelsea Workhouse and it was dead.
Prisoner. I do not wish to say anything.
GUILTY .—Inspector Smith stated that the prisoner was tried at this Court in June, 1884, for the murder of an illegitimate child, and found guilty of concealing the birth.— Seven Years, Penal Servitude.
2. GEORGE OSBORN (17) , Feloniously demanding with menaces from William Marling a watch and chain and other articles, with intent to steal the same. Second Count, for feloniously threatening to accuse him of an infamous crime, with a view to extort money.
MESSRS. BESLEY and KERSHAW Prosecuted; MR. PURCELL Defended.
WILLIAM MARLING . I am possessed of an income of between 1,000l. and 2,000l. a year—I have lost my father and mother—in September, 1882, I was at Eton, and afterwards with a tutor, and went round the world—I became an undergraduate at Magdalen College, Cambridge—in July, 1885, I took a suite of rooms on a second floor in Jermyn Street, at a rent of 180l. a year—they consist of sitting room, bedroom, smoking room, and bathroom; I furnished them myself—Mr. Tuck was my valet; he slept next door, he usually went away about half-past 10—on Saturday night, 13th June, I went to a theatre, and afterwards to my club, and left there about 1—I had only to walk down Albemarle Street; it took me about five or six minutes—the prisoner came up to me at my door in Jermyn Street—there were two or three gaslights in the street, but none immediately near—he said "Will you give me a drink?"—I said "No"—he asked for a drink again, and I said I would not give him one—he said "Oh, do, do, the public-houses are all closed"—I then said I would give him a brandy and soda, and opened the front door with a latch key—there is a gas jet on the two first floors—I preceded him upstairs, and outside my rooms I turned round and said I was going to my rooms to see if there was a light—there was a gas in the corridor, and when I faced round I was able to see his face fairly distinctly—he was wearing a round black hat—I opened my door and he came in—I lighted two candles—he took off his hat, and I said "Here is your brandy and soda"—I poured out some brandy in a glass and opened a soda-water bottle and gave it to him, and he stood and drank it—I asked him what he was doing during the day, and he said he was a clerk to a solicitor in the City, I think he said in Fleet Street—it took him about six minutes to drink the brandy and soda—I did not take anything myself—when he had finished I turned round and said "It is about time for my going off to bed, and I think you had better go"—he said "I am not going",—I said "What do you want? you have had your brandy and soda; you had better go"—he said "I want some money"—I said "You can't have any money, you have had your drink"—he said if I didn't give him some money he would bring his father next morning, and swear I had been taking liberties with him—I waited about half a minute and then said "If you will go away without making any scandal or bother I will give you a sovereign," and I gave him a sovereign—he smiled and said "That won't do, I want 10l."—I said "You infernal blackguard, what do you mean by wanting blackmail of me?"—he said "I want your 10l.," and said the same thing again—I said I had not got the money in the house—he said "Oh yes, you have"—I said "I assure you I have not got it, can't possibly give it you"—he said "If you don't give it me you will have to give me some security"—I said "I don't see why I should give you security"—he said he would wait there till the next morning and then bring his father, and say I had been taking liberties with him—I then said "Rather than have any bother, if you will go away I don't mind giving you 2l. or 3l., and also give you a suit of clothes"—I took out a suit and he fitted on some, and said they would not fit him, he must have something else—I said I would not give him anything more—I then said "I will give you a cheque," so I began
to write one—he gave the name of George Thompson, Whitcombe Street—the cheque was upon a Gloucester shire bank—he read it, and when I put" Pay Thompson 10l." on it he said "That won't do, this is a country bank"—I did not give him the cheque—he made an awful fuss about his father's coming, and eventually, rather than have the bother, I agreed to give him my watch and chain, and pencil-case and ring, on the condition that they were to be redeemed on Monday outside the Alhambra Theatre—he assented to that—finally he carried off 3l. 10s. in gold and my watch and chain and pencil-case and ring—I would not have parted with any of this property if he had not used the statement of intending to wait all night, and then bring his father next morning and charge me with indecent liberties—I would have given him anything rather than have that charge—he left just about 2 o'clock; he remained an hour as far as I remember—I had a full opportunity of seeing his face, and I noticed a peculiar movement in it; he bit his lips rather corner-ways, and I noticed that peculiarity about him on Monday when he was arrested—he was rather frightened, I think—on Sunday, about 11 o'clock, I saw Police-officer Scott, and with his knowledge I went and met the prisoner on Monday outside the Alhambra—I got there about 20 minutes to 1, and saw the prisoner standing near the railings of the public garden on the other side—when he saw me he crossed the road towards me; he said nothing, but beckoned with his hand, and went a few paces past the Alhambra—he shopped for me to get up to him, and I then said "You have turned up," and then I went on to say "You have got the watch and chain you promised to bring?"—he said "I have not"—I said "Why not, you promised to give them to me?"—he said he had borrowed money on them, 5l.—I said "What am I to do, you can't expect me to give you 10l. for what I have not?"—he said "I can't give it you, because I have pawned it," and at that time the constable came up and took him—I have not the slightest doubt the prisoner is the man.
Cross-examined. I had been dining with a friend on this evening and I went with him to the theatre and afterwards to my club, but I took no refreshment there—I went straight from there to Jermyn Street—I have had these chambers about one year altogether—I had been there this time about one week—there are chambers below and above them; I do not know the occupiers—I don't think there were any people in Jermyn Street when the prisoner spoke to me, I didn't look—before the Magistrate I gave the name of William Morton—that is not my right name; I did not explain that to the Magistrate—I have been in London since the beginning of the season—the prisoner was a perfect stranger to me—I was perfectly sober when I took the prisoner upstairs; it was a very foolish thing to do, certainly—the light upstairs was between the two doors—I did not mention to the Magistrate about the twitching in the prisoner's face—I was not represented by a solicitor before the Magistrate, but since then I have consulted one—I was very much alarmed about this, as I thought he might make an exposure—I don't know that I was excited—when I got to the Alhambra on the Monday I walked up to him when he crossed over, and then he walked on in front of me and made a sign for me to follow him—I was the first to speak—I said "You have turned up, then?"—I don't think he made any answer to that—I said "You have got my watch and chain?"—he said "No, I
have borrowed 5l. on them"—I said "What am I to do, I cannot give you 10l. unless you give me the watch and chain," and as he used the word" pawned the policeman came up, he took hold of the prisoner and said "I want you"—he said "I don't know the gentleman, I have never seen him before he came up to me and said he wanted the watch and chain; I don't know anything about him"—on the way to the station he went on protesting he did not know what he was charged with.
HENRY SCOTT (Detective Sergeant C). On Sunday, 20th June, between 10 and half-past, the prosecutor saw me at the Marlborough Mews station and I took him to Vine Street to see Inspector Conquest—I met the prosecutor at 10 o'clock on Monday morning and it was then arranged I should see him again at 1 o'clock—I did so and then told him he had better walk down to where he had promised to meet the prisoner in the square, and I followed him—I saw the prisoner in the company of two confederates, and soon afterwards I saw them behind a cab, watching the prosecutor and prisoner talking outside the Alhambra; I went up behind them, and as I took hold of the prisoner's arm I heard the prisoner say, "It is pawned"—before I had time to speak to him he said, "I never saw this gentleman before"—I said, "I shall take you in custody for obtaining a watch and chain from this gentleman"—he got loose for about two yards, but I took hold of him again and he was taken to the station—he there said he was an errand boy, he did not say where—I found on him 3l. 12s. 9d.—I have known him three years—I never knew him do a day's work—I knew the two men well who were with him.
Cross-examined. The prosecutor made a sign to me when I was in Leicester Square, and I then crossed the road—I was the width of the street from him—the prosecutor and prisoner were in conversation together about a minute, and when I took hold of his arm, before I could speak, he said, "I have never seen this gentleman before"—I have been a detective four years and was in the police force thirteen years before that.
Cross-examined. I was not before the Magistrate—I was asked by the prosecution with reference to the questions just asked, after these sessions commenced.
The Prisoner's Statement before the Magistrate. "When this gentleman said, 'Give me back my watch and chain,' I said, 'I don't know you, I don't know what you mean;' this gentleman, Scott, then took hold of me and said, 'Give him the watch and chain, he does not want to prosecute you;' I said, 'I have got no watch and chain;' he let me go across the road and then came after me and said, 'I will take you to the station, why don't you give the watch and chain back to the gentleman?' I said, 'I have no watch and chain, what I have to say I will say at Marlborough Street."
GUILTY .*—The officers stated that the prisoner and his brother were companions of the worst of characters, some of wham had been convicted of similar offences to the present.— Penal Servitude for Life.
NEW COURT.—Wednesday, June 30th, 1886.
Before Mr. Recorder.
723. WILLIAM LARGE (33) PLEADED GUILTY to two indictments for feloniously forging and uttering receipts for 3l. 10s. 2d. and 1l. 6s. 10d., also to embezzling the sum of 1l. of John Pain Hunt, his master; also to an indictment for misdemeanour.— Two Months' Hard Labour.
725. BERTIE VERRALL (16) to burglary in the dwelling-house of Ellen Palfrey, and stealing five silver forks and other articles, her property.— [Pleaded guilty: See original trial image.] Judgment respited.
727. GEORGE BROWN (28) and WALTER ROBINSON (26) to feloniously demanding money with menaces from Thomas Charles Hiscox, Robinson having been convicted of felony at Clerkenwell in July, 1884.— Four Months' Hard Labour each. [Pleaded guilty: See original trial image.]
MR. HIGGINS Prosecuted.
GUILTY .— Two Months' Imprisonment.
MESSRS. POLAND and GILL Prosecuted.
The particulars of this case are unfit for publication.
GUILTY of unlawfully wounding. — Nine Months' Hard Labour.
THIRD COURT.—Wednesday, June 30th, 1886.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted; MR. MUIR defended Kennedy.
CHARLES LAWFORD . I am barman at the Duke of York public-house, North Walk Road, Paddington—about half-past twelve on the night of 15th June I was in the bar when Kennedy and Bevan came in with three others, of whom Fitzgerald was one; they had five pots of ale, which they drank together—they stayed about a quarter or half an hour and then all left together, each one having paid for what they had—in about five minutes they came in again and Bevan ordered a pot of ale—one of the men not in custody said, "No, we don't want it"—Bevan called for it again and I drew it—they all turned round and seemed to pass something between them—I did not see anything pass—Bevan paid me with a half-crown—I looked at it and tried it between my teeth and bit it, it was soft—I said to Bevan, "It is bad"—I cannot say if Kenny was there, but the other prisoners were—they then all went outside—I gave the half-crown to the landlord, Mr. Whitlock—I had not given change—I was present when
Kennedy was told the charge against him at the police-station, Bevan was present, but none of the others then—I did not hear them say anything.
Cross-examined. The same persons came in the first and second time—when they turned their backs they all seemed as if they were passing something between them—I did not see who gave the coin, or whatever it was, to Bevan—I believe Kennedy was sober.
Re-examined. Bevan put down the half-crown directly after the movement between the prisoners.
WILLIAM JAMES WHITLOCK . I keep the Duke of York public-house—on the night of 15th June I saw Kennedy and the two women in my bar twice, once (I cannot speak as to Kenny), at ten minutes past twelve—I saw Kennedy pass the half-crown to Bevan—I saw it in his hand before it was passed over the bar—I did not see what the woman did with it, but as it was passed to her I thought it was bad and went out for the police—when it was passed Fitzgerald was looking towards Kennedy and could see what took place, I should think.
Cross-examined. I was observing them five or ten minutes before I went out for the police—I was close to Kennedy and Bevan—I saw the coin and could see it was bad—it was bright and shining, and so I concluded it was bad.
JOHN BONSTEAD (Policeman F 11). On the night of 16th June, at 11 p.m., I was on duty in Praed Street in plain clothes; I saw Fitzgerald, and in consequence of information received I said to her, "I am a police officer and shall take you into custody on suspicion of being concerned with John Kennedy, Kate Bevan, and two others in uttering a counterfeit half-crown on the night of the 15th at the Duke of York public-house, North Walk Road"—she said, "I don't know nothing about it"—on the way to the station she said, "I was with them, but you have not got them that had the stuff; it was all through Finucan, he gave it to me and I was going to pass it; he would not let me; they gave it to Welsh Kate, she passed it"—on the night of 17th June I was on duty in plain clothes again in the Edgware Road—about 8.30 I went into the Poppy public-house, where I saw Kenny; he left the bar, I told him the charge—he said, "Not me"—I took him to the station, where he stood among seven men; Lawford failed to identify him, but White picked him out—I searched Kenny at the station and found on him 1 1/2 d.—I arrested Bevan at 12.25 on the morning of the 16th after Kennedy had been charged—I was then in the Harrow Road with Lawford and the prosecutor—I stopped and charged her; she made use of very filthy language and behaved in a most indecent manner at the station—she said nothing about the charge—she was charged with Kennedy, and after the charge was read she pointed to Kennedy and said, "He gave the half-crown to the other woman who was with us," and then she mentioned Fitzgerald—Fitzgerald was not there then.
Cross-examined. I was in the station when Kennedy was brought in, he was perfectly sober—I don't know that he vomited outside the public-house—I have made inquiries but have been unable to find anything about him; I never saw him before—he gave me a correct address, where I made inquiries; he was at work up to the Saturday—he is an ironworker.
Re-examined. White received the half-crown when the charge was
taken; I took charge of it directly afterwards, and it has never been out of my possession.
WALTER WHITE (Policeman F 101). I was in the North Walk Road, Paddington, near the Duke of York public-house, at ten minutes after 12 on the night of the 15th, and saw the four prisoners and another man go inside the Duke of York—in a few minutes they came out, had some conversation, and went back again—the landlord came and spoke to me, and the prisoners all rushed out and ran away—I had seen Kenny go in the public house—I ran after Kennedy and caught him—I said, "I shall take you to the station and charge you with being concerned with others in passing a bad half-crown over the counter"—he said nothing—I searched him at the station and found 3s. 8 1/2 d. good money—he said to the sergeant and me when we were searching him, "Don't be hard on me I have been drawn into this"—I received this coin from the landlord when he came out and spoke to me—on Thursday, the 17th, I was called round to the station, where I picked out Kenny from among seven others as being one of the men who ran away.
Cross-examined. I chased Kennedy about 12 yards—I first saw him outside the public-house; he was quite sober—I did not see him vomiting.
Cross-examined. If I saw this coin passed from one person to another at a distance of three feet I might suspect, but I could not tell it was bad.
The Prisoner's Statements before the Magistrate. Kennedy said that he met the female prisoners and went drinking in several houses with them; and that at last he pulled out a half-crown and gave it to one of the female prisoners to pay for a pot of ale; that he was very drunk, and that he had never seen Kenny before. Fitzgerald and Bevan each said: "I am very sorry."
Witness for Kenny.
MARY ANN REARDON . I am living at 23, Burn Street, Edgware Road with my aunt, and am a kitchen maid—on the night of 15th June you were with me at 8 o'clock in the Edgware Road; we left there about 10 o'clock and went to the Stingo public-house, Marylebone Road, and we never left there till it closed at half-past twelve, and then you saw me home.
Cross-examined. I was not in service then—I have known Kenny about seven months; I had been out with him about once or twice a week—on the Saturday before I was out with him, I don't remember at what time; I know this day because it was the day after Whit Monday—we had about three pints of ale between us.
Bevan in her defence said that she had never been in Fitzgerald's company before; that they were drinking with Kennedy, and that he gave Fitzgerald the half-crown to pay for drink, and that they did not turn their backs.
Fitzgerald said she had never seen the young men before; that she and Bevan asked them for drink, that they went into two or three public-houses and were dancing and singing, and that Kennedy gave her the half-crown, which she put on the counter.
KENNEDY and KENNY— NOT GUILTY .
BEVAN and FITZGERALD— GUILTY .
BEVAN**†— Nine Months' Hard Labour.
FITZGERALD**†— Six Months' Hard Labour.
MR. DOUGLAS Prosecuted; MR. PURRCELE Defended.
CLIFFORD FRY . I live at 8, Alexandra Road, Finchley—on the night of 8th June, or the morning of the 9th, I was in Finsbury Square about half-past twelve; I was the worse for liquor, but not drunk—I had on on aluminium watch, a sovereign purse with 10s. in gold in it, and rings on my fingers—the two prisoners came up, and one took hold of each of my arms and they said, "Come along, old boy, we will walk with you"—after a short time they left me, and on looking down I found my chain hanging down on each side, having lost my watch and purse—I missed my rings, but had not felt them taken off—immediately after they left me I felt something was up and missed the things, and chased the prisoners; they had only just started—I got up close to them and then I was struck by one of them, and tripped up and pitched on to my forehead and stunned, I was pretty well insensible, and they went off—a policeman came and took me to the station—the two prisoners were there before me; I recognised them at once.
Cross-examined. At the station I was charged with being drunk and incapable, and I was detained and brought before the Magistrate next morning—I left business that evening and went to "The Colonies"; I might have had a drink there by myself, I met no friends—I left at 10 o'clock and came by omnibus to the Bank—I called at the Globe in Moorgate Street and drank by myself again—I went to no other public-house—I took money from my pocket to pay for the drink—at "The Colonies" I took money from my sovereign purse, and that was the last time I touched it—the watch and purse were each attached to a swivel, neither was broken; I did not feel them go—I had never seen the prisoners before—I spoke to no women that evening between the Bank and Chiswell Street—when I washed my face next morning at the station Young was close by me—one of them did not say that I had charged them, nor did I reply that I could not remember anything about it, nor that I was astonished at finding myself in a police-cell and at having charged them—I was not very drunk, I was more stunned than drunk.
Re-examined. I had come perhaps 150 yards from the Globe—the Magistrate let me off—the police have got my purse; both it and the watch were attached by bows, which were broken.
By the COURT. I had no overcoat on, and my chain was visible.
THOMAS JOHNS (Policeman G 187). At a quarter to 1 on the morning of 9th June I saw the prosecutor following the prisoners in Lamb Passage, a turning out of Bunhill Row and Chiswell Street, about 400 or 500 yards from Finsbury Square—the prosecutor called out "Ho!" and then fell—I went up; he appeared hurt and insensible—I left another constable with him, and followed the prisoners, who ran together—I got close behind them, and blew my whistle; another
constable ran out and caught Young, and I caught Johnson—I found this purse in Playhouse Yard, which runs from White Cross Street into Golden Lane, and through which the prisoners had passed—it was about 12 yards before I caught them—I had not lost sight of them—I did not see anything flung away—we took the prisoners to the station—Johnson was searched, and on him was found a fictitious note on the Bank of Engraving, and a gilt farthing—when charged at the station Johnson said they were going to an eel-shop, and he knew nothing of it—Young said nothing.
Crow-examined. I was in Lamb's Passage; the prisoners and prosecutor were there too when I first saw them—that turns out of Bunhill Row—the prisoners went down Lamb's Buildings—I was 10 or 12 yards from them—the prosecutor got as far as the corner of Lamb's Buildings—it was a quarter to 1—there was a light over the beershop, you could see quite plainly—I am certain that Young said nothing when the charge was read over—I followed the men 400 or 500 yards—we turned three corners—they were half the length of this Court ahead of me—I blew my whistle as soon as they entered Playhouse Yard—the prosecutor was brought to the station after I was there.
Re-examined. The prosecutor was only 10 or 12 yards when he cried out and fell down, and I immediately ran after them—when I came up to them they were running as fast as they could after that distance.
CHARLES WOOD (Policeman G 336). On the night of the 8th or the morning of 9th June I saw Johns running down Playhouse Yard after Young and Johnson—I stopped Young, who was coming towards me in front of Johnson—I said, "You were running, I shall keep you till the constable comes"—I had heard his whistle—he said he was not running.
Cross-examined. At the station Johnson said he was going to an eel-pie shop—Young said he was going to have some eels.
ARTHUR NORRISH (Policeman G 299). I was in Lamb's Passage on this night, and saw the two prisoners running, followed by the prosecutor, whom I heard shout out "Oh," and then he fell—I ran up to him—he was about 10 yards from me—I found him lying down with a large gash over his right eye bleeding, and he was partly insensible—I took him to the station, where his wounds were dressed by the surgeon—I charged him with being drunk and incapable.
Young received a good character.
JOHNSON than PLEADED GUILTY** to a conviction of felony in August, 1880, in the name of Archer .— Eighteen Months' Hard Labour. The Jury recommended YOUNG to mercy on account of his previous good character.—Judgment respited.
732. JOHN DUNCAN (21) PLEADED GUILTY ** to receiving two umbrellas and other articles, the proceeds of a breaking and entering into the dwelling-house of Edward Barron Camps; also to receiving a clock and other articles, the proceeds of a burglary in the dwelling-house of Frederick Hendry Hume, after a conviction of felony in Glasgow in 1882.— Five Years' Penal Servitude.
OLD COURT.—Thursday, July 1st, 1886.
Before Mr. Justice Day.
MR. BAYLISS Prosecuted.
HENRY WINTER . I am a shoeblack, and live at 54, Broad Walk, Blackfriars—on 15th June, between 5 and 6 o'clock in the afternoon, I was outside the Crown public-house in Curtain Road; I saw the prisoner and deceased there—there was a quarrel about a ring; the deceased said it was a good one, the prisoner said it was a duffer, and they got to high words—it subsided a bit, and they went out together and had a drink in the private bar—they came back, and the deceased and went out again—he returned with a big man, who said to the prisoner "I'll fight you"—the prisoner told him to "put up," meaning his fists; he then hit the big man two or three blows—after that the big man said, "I'll give you best"—the prisoner turned round to the deceased and said, "I will have a go at you as you have brought a pal to fight me," and he gave the deceased two or three blows, and he fell—I did not see him strike the prisoner; he took the blows quietly—he was going back, the prisoner following him, and he fell, whether from the blows or whether he slipped I could not see—I was about 10 yards distant—the deceased might have put up his hands to parry the blows.
Cross-examined by the Prisoner. It was said that the big man was the deceased's brother-in-law, but he turned out to be a stranger—I did not hear the deceased call you out of the public-house—a strange man in the crowd interfered on behalf of the deceased, and gave you a thrashing; that was after the deceased was lying on the ground.
FREDERICK NATHANIEL CLARK . I am a carpenter, of 59, London Wall—on 15th June, Whit Tuesday, about 6 o'clock, I was passing outside the Crown, and saw the prisoner interfering with two men; one was a big man, whom he interfered with and knocked about very much, and disfigured his face—one of his companions was drawing him away, when he saw the deceased coming round the corner, and he suddenly turned upon him and said, "Oh, you will fetch a pal to fight me, will you?" and he struck him in the face—the deceased tried to get away; the prisoner followed him up, and struck him against the public-house—he was then drawn away by one of his companions, and the deceased was about to walk away when the prisoner followed him and struck him behind the left ear—the force of the blow nearly lifted him off his feet, and threw him into the road, and he never moved or spoke again—when he was knocked against the public-house ho said he did not want to fight, that he had not said anything of the kind, and would he let him go? and he was about to walk away—he did not strike the prisoner, he merely raised his right arm to ward off the blows.
JOSEPH HAMMOND . I am a sawyer, of 1, Euston Buildings, Curtain Road—on Whit Tuesday, about a quarter to 6, I was at the Crown public-house—I saw the deceased come in with a tall man—a few minutes after I saw the tall man quibbling about a penny that he had put on the
counter; the barmaid returned it to him, and he walked out and stood outside with his arms on the iron rail—in a minute or two afterwards I saw the deceased and the prisoner having a bit of a quarrel—two or three men got in between them and parted them, and stopped them from fighting—the prisoner took hold of the handle of the door and said to the deceased, "Go out, go out, to save me hitting you"—the big man said, "Come out here, I will fight you for him, and he put up his hands, offering to fight the prisoner—the prisoner stepped a little way back, but afterwards took his challenge; they had a bit of a set-to, and the big man gave him best, and they shook hands and went round the corner—in a few minutes the prisoner returned with two or three other men, who urged him on to fight the deceased—the prisoner went up to him and said, "You have brought this man to fight me, fight me yourself," and he struck him a blow in the mouth—after that they worked away from where I stood, and I did not follow it up—the next I saw was the deceased falling into the road—I did not see him strike the prisoner.
CHARLES SCOTT . I am a farrier and live in Smith's buildings, Curtain Road—on Whit Tuesday afternoon I went into the Grown about 5 o'clock, they were all strangers to me there—I went indoors and came out about half-past five, I saw a mob outside the Crown, I saw the prisoner strike the deceased two or three times and he fell back on the pavement on his head.
ARTHUR SEWELL (Police Sergeant). The prisoner was brought to me at the station—I said "From what I hear I shall have to charge you with causing the death of this man"—he commenced speaking and I cautioned him that whatever he said would be taken down and given in evidence hereafter—he then made this statement: "About 3 p.m. I went into the Crown public-house, Curtain Road; the deceased man was there, I had some words with him about a ring he showed me, saying it was silver; I said it was a wrong one, he said he would fetch his brother—some time after he came back with another man and called me outside, saying "I have brought my brother to give you a good hiding"—the other man who deceased said was his brother started fighting me, the deceased also started upon me, and I fought with him, and after that with several more who were his pals—the deceased was all right 20 minutes after I had fought with him, he was standing up—I only took my own part; I had never seen him before.
EZRA HARLE . I am a medical man of 174, Shoreditch—on Whit Tuesday I was called to see the deceased in the Mortuary; I subsequently made a post-mortem examination of the body by direction of the Coroner—externally there were two wounds on the forehead and a blow over the right eye; I found no mark of a blow at the back of the ear, I should not expect to find any—the entire surface of the brain was covered with blood, there was also a clot of blood in the interior of the brain—on further examination I found a fracture of the fifth vertebra of the neck, and effusion of blood in the spinal marrow opposite the fracture—all the organs were healthy, the head was a little enlarged but not diseased—
the fracture and effusion of blood was the cause of death caused by a fall not a blow, but the fall was in consequence of the blow.
Prisoner's Defence. I only hit him in self-defence.
GUILTY .— Six Months' Hard Labour.
MR. WEBSTER Prosecuted; MR. MUIR Defended.
SUSANNAH COLIVER . I am the wife of John Colliver, of 77, Ockenden Road, Islington—about half-past nine on 7th June I was crossing Englefield Road and saw a cab coming from the Essex Road driven by the prisoner, going very quick; I had my perambulator with me with a baby in it 16 months old, and to get out of the way I had to draw it back on the hind wheels—the old gentleman the deceased was in front of me, and the horse and shafts struck him and turned him right over in the road; I shouted "Stop him," and wheeled my perambulator in the gutter; I got some one to take it home and I attended to the gentleman as long as I could—I saw the cab run over his chest—the prisoner ran down Englefield Road, I called "Stop him," and a gentleman brought him back, he was very drunk—the deceased never moved.
Cross-examined. There are two very sharp corners at the Essex and Englefield Roads—the prisoner was on his proper side, I was on the right-hand side of the cab and the deceased was on the left—the cab came up behind us both and turned to the right and went along the road—I saw the prisoner about 20 minutes afterwards when he was brought out of the stables, I judged he was drunk by the way he was walking; two policemen were holding him—I didn't hear him speak.
SIMEON LANG . I live at 17, Clephane Road, Islington—on the evening of 7th June I was crossing Englefield Road and saw a gentleman coming from the other side, and I also saw the prisoner driving a Hansom cab, coming from the Angel part of Essex Road, at a rather fast pace—the gentleman was opposite to me as I was crossing, and the cab caught him between the wheel and the body of the cab—it most have gone over his chest—I was then behind the cab—the cab went down the road, it did not pull up at all, and a gentleman on a bicycle and one on foot went after him and caught him and brought him back—he was rather intoxicated.
Cross-examined. I crossed in front of the cab and it passed behind me—at the time the gentleman was run over I was meeting him—I did not see the cab at all, it came round the corner—I heard some one halloa and that made me run round and the old gentleman seemed bewildered—the prisoner was driving faster than Hansom cabs usually do—I saw no man on the springs—I say he was rather intoxicated, by his gait and manner, he was not steady—I did not see the cab pull up at all after it ran over the old gentleman.
Cross-examined. I did not see the cab before it ran over the gentleman.
ABRAHAM COHEN . I live at 16, Ilkley Road, Canonbury—on 7th June, about half-past nine, I was in Englefield Road and heard shouts and saw a Hansom cab—I cannot say what pace it was going, I am no judge of pace—the prisoner drove away and I caught him and brought him
back—he got down off his cab and I held him, but he got away—he was drunk.
Cross-examined. I said before the Magistrate "I heard shouts and turned round and saw the prisoner going slowly"—I saw persons on the pavement making signals to the prisoner to go on faster—the cab got past me, but I caught it up—I did not go any great distance—I called out to him—he seemed able to drive his cab.
JAMES RANYARD (Policeman N 329). A little before ten on the evening of June 7th I was called to the corner of Englefield Road and saw a man lying on the ground, and the doctor present told me he was dead—from information I received I went to Rockill's cab yard with 479 N and found the prisoner hiding in a hay loft, he was drunk—I told him he would be taken to the station—he said he knew nothing of the affair—I told him what he would be charged with.
Cross-examined. Mr. Rockill employs the prisoner—I did not know him before this—if a cabman is found guilty of anything it is endorsed on his licence—he was lying down in the loft, that makes me say he was hiding.
THOMAS UNDERWOOD BRAY . I am a surgeon of 340, Essex Road, Islington—on the evening of 7th June I was called to the Essex Road and found the deceased lying on his back in the road—I examined him by the light of flashing matches—I noticed nothing saving a dust mark on the left side of his waistcoat, no bruises could be seen and he had no pulse or respiration, he was dead—he was then, by my orders, taken to the mortuary, and subsequently, on the 10th, I made a post-mortem examination—I found he had a ruptured heart and spleen, eight ribs on the left side were broken, and the first bone of the sternum and his breast bone fractured on the right side—the body was that of a fairly healthy man—those injuries could have been caused by a cab knocking him down and passing over him.
Cross-examined. I should say it passed over him very slowly.
Cross-examined. I said before the Magistrate "When my father had a cold he was rather deaf," but his hearing on that day was quite right.
Witnesses for the Defence.
JOSEPH WILLIAMS . I am a labourer—on the evening of 7th June I was in Englefield Road and saw the deceased run over by a cab—I saw it before that, it was driving four or five miles an hour round the corner—the deceased was about eight or nine feet from the kerb when he was run over—as he was coming across the road the cab was going to the off side to come in the yard, and deceased making a stumble, the horse's head caught him and he fell under the wheels—I was making water at the wheel on the public-house side of the road, with my back to the cab—I saw the deceased lying in the road and went for the doctor—I lighted about twenty matches there and then sent for a candle—it was very dark there.
Cross-examined. I did not see the cab coming down Essex Road before it got into Englefield Road.
7th June, he came in to change his horse, he was then perfectly sober—I afterwards saw the policeman fetch him from the loft, he was a good deal excited and queer—if he had been in liquor when he came to change his horse I should not have changed it—it is a rule not to change horses for a man if he is drunk.
Cross-examined. I had known the prisoner nine days—I did not see him again after he had changed his horse until a quarter to ten, when he went into the loft—I did not see him before the policeman brought him out—he had no business to bring his horse back unless he felt queer—his time for coming back again then would be two in the morning.
THOMAS BALL . I am a coach builder—I have known the prisoner twelve or fourteen years—he is a very good and careful driver, he has driven me—he has been driving a cab about four years, and before that he was in private service as a coachman.
Cross-examined. I have seen him about the City during the last four years—I don't know as to his habits as a sober man.
CHARLES WILLIAM EWIN . I keep the Vicar of Wakefield public-house, Bethnal Green—I have known the prisoner for the last three years—he has driven me very often and also my wife and children and brought them back safe—I have always found him a very steady driver—he has used my house from time to time, and I have never seen him the worse for liquor.
GUILTY.—Recommended to mercy by the Jury on account of hit character. — Eighteen Months' Hard Labour.
MR. POLAND Prosecuted; MR. OVEREND Defended.
EDMUND DIXON . I am head printer of the Morning Post—on Friday night, 18th June, the prisoner called at the office and said, "I want to put in a paragraph announcement of a marriage in the paper to-morrow"—I said, "Have you got the copy?"—he said "No—I supplied him with pen, ink and paper, and he supplied me with the announcement for the following morning; he paid the fee, one guinea, and went away—this is the announcement: "We are authorised to announce that a marriage has been arranged between Mr. Rowden and the Hon. Violet Lane Fox, the youngest daughter of Lord and Lady Conyers"—I asked him to endorse his name on the back, which he did—I told him it would be in the next day—this is it in the Morning Post.
THOMAS YARNTON ALLEN . I am sub-editor of the Morning Post—a messenger brought me this letter on the evening of Sunday at 11 o'clock. (Read: "108, Queen's Gate, 20th June, 1886. Mr. Rowden presents his compliments to the editor of the Morning Post, and begs to say that matters having been arranged this afternoon, he is authorised by Lady Conyers to request that the denial of the intended marriage to Miss Lane Fox should not appear.")
with my mother; I saw the prisoner there—he was an absolute stranger to me; he attempted to speak to me there frequently, and some gentlemen interfered on my behalf—I never spoke to him myself—I afterwards went to Paris, and he came and stayed at the same hotel there—he returned to England the same day that I did, and for two years afterwards he frequently came up to me in the park and followed me in streets and shops; he wrote to me—I never spoke to him on any occasion—in June, 1885, he was summoned to the Westminster Police-court, I gave evidence against him there, and he was bound over in two sureties of 500l. each to keep the peace and be of good behaviour for six months—after that six months had expired I saw him again, and the same persecution went on—I saw this notice of my intended marriage announced; there is not a word of truth in it, the man being an entire stranger—I was then advised to take these proceedings to try and stop this persecution.
Cross-examined. When the defendant came up to me at Homburgh he didn't say a word in explanation of his accosting me—I don't think he ever bowed to me before he spoke to me, no, he never did; I never bowed to him—my mother is exceedingly short-sighted, and at a distance she may have bowed, but never knowingly—he never attempted to tell me anything about his position in life; I don't know what he said, I turned away at once and never listened—he did not tell me that he was in love with me, how could he?—I did not bow to him when passing him on the staircase at Paris; I never bowed to him in the whole of my life—I don't know whether he travelled in the same train to England—he followed me into houses where receptions' were given, and where he was uninvited—I know that was the case at the two houses where I did meet him; I was told that he was not invited—one of the houses was Lord Salisbury's, and the other Sir Algernon Bathhurst's; both Lady and Sir Algernon said he was not invited by them—at Lord Salisbury's, Lord Salisbury brought him up to me to introduce him; I did not bow to him then, I turned as soon as I saw him—I don't know whether in any of the defendant's letters he mentioned his family, his position, or his expectations; I never read them, I always gave them to my mother—I believe after he was released from Wands worth Gaol he went to Egypt; some friends of mine out there told me they had seen him—in several of his letters he made an offer of marriage; I never answered them—he never made me any verbal offer of marriage.
LADY CONYERS . The last witness is my daughter—I saw the defendant at Homburgh in 1883—he has spoken to my daughter in my presence; she never made him any answer—I only spoke to him to tell him to go away—after our return from Homburgh and Paris the same thing went on in London—I have seen him in the Park attempting to speak to my daughter, and I interfered, and some of my friends also—proceedings were taken against him in June at the police-court—after his return from Egypt the same kind of thing went on—I afterwards saw this announcement of a marriage with my daughter and the prisoner—I was at the reception at Lord Salisbury's; it was an enormous gathering, some hundreds of people.
Cross-examined. The defendant never told me his object in speaking to my daughter at Homburgh—I never bowed to him knowingly at Paris, if I saw a gentleman taking off his hat I should not recognise his features—I don't know whether he travelled by the same train to England—I
have no knowledge, gathered from his letters, of his family or his antecedents—at the back of his announcement of his marriage he put letters that he was Deputy Lieutenant and the Justice of the Peace for Hertford—I read the letters that he addressed to my daughter; I don't know that in those letters he referred to his position in society—I am not aware that he inherits a considerable estate—I do not know that at the present time his mother is the possessor of Rowden, and very wealthy—I never made any reply to the letters he sent; they were letters proposing marriage to my daughter.
WILBY JOHN GUTHRIE LOWDEN . I am a barrister of 23, Old Square, Lincoln's Inn Fields—I am acquainted with Lady Conyers and her daughter, and am a trustee for her—I saw the defendant at the latter end of Jane, 1884; he came to my chambers—I told him he had caused Lady Conyers and her daughter great annoyance, that he had followed them without knowing them, and I told him of the various things I had heard—he said he was very sorry; he didn't intend to do any harm—I said, "It is not the conduct of a gentleman, and really you must stop it"—I said that I was told by Lady Conyers and her daughter that they would have nothing whatever to do with him; that whatever he was, they entirely repudiated him—I don't know exactly what he said to that—he said he would behave better; that he wouldn't do the same thing again, and then he left—I said his conduct could not be tolerated, and if he continued it steps must be taken either at the police-court or in some other manner to stop it.
Cross-examined. He did not say that his conduct was caused by his affection for Miss Fox—he said, "I wish to marry her, "but I told him that was impossible.
HENRY ALFRED STACEY . I am superintendent of Records of the Court of Bankruptcy—I produce a petition in bankruptcy against Edward Rowden; Mr. Genesse being a creditor—I have the file of the proceedings here—by a warrant of the 20th January, 1884, the prisoner was ordered to be confined in Holloway Gaol until an application was made for his release; he was confined to the 21st April—the proceedings show his liabilities at 3,557l., and his alleged assets at 94l.—he is an undischarged bankrupt; his examination is adjourned sine die.
Cross-examined. The warrant upon which he was confined was issued by the Judge sitting in Bankruptcy—I think in the alleged assets something was said about reversions or expectations on his part, but they are very small, I think—no expectations are scheduled.
HENRY WARD . I am a warder of Wandsworth Gaol—I produce a warrant in bankruptcy for the defendant's arrest—he did not come to us upon that—he was confined in the gaol until 18th December, when the Governor received this order for his discharge, allowing him to enter into his personal security.
THOMAS SIMS . I am a warder at Holloway Prison—I produce a warrant for the defendant's detention dated 2nd January, 1884—he was confined under that warrant from 31st January to 21st April—it was while he was in our custody that he was brought before the Magistrate at Bow Street.
WILLIAM HUNT . I am usher at Bow Street Police-court—I produce the original expositions taken on the charge against the defendant on 8th March, 1884, for having obtained 1,321l. from Sampson Genesse by false pretences, and 315l. from John Edwards by false pretences—these
are the original depositions taken before Mr. Flowers—on that charge he was committed to take his trial at the Central Criminal Court—I do not think he got bail on that occasion.
Cross-examined. Mr. Genesse has been summoned for conspiracy to Bow Street, but the case is not disposed of yet.
JAMES SCANDRETH (Police Sergeant E). At 4 o'clock on the afternoon of 22nd June I saw the prisoner in Brompton—I said, "Is your name Rowden?"—he said "No"—I said, "I am a police officer, I hold a warrant for your arrest, you will have to come with me to Bow Street Station"—I read the warrant to him—he said, "Cannot we come to some arrangement? I don't quite understand the warrant"—I read it to him a second time, and he said, "If I see Mr. Lewis I can come to some arrangement with him; I will leave the country to-night and stay away six months, if I may be allowed to do so"—I then took him to Bow Street, where he was charged—I searched him, and found on him this letter signed "W. Knight." (Read: "I have left Lady Conyers. I have been over there this morning, and found out from the servants that they will go to Ascot by Waterloo the same as usual. You can see me any morning from 9 till 11, or should I be out you can speak to my wife. I also hear that Miss Lane Fox is engaged to be married shortly.)
GUILTY .— Eighteen Months' Imprisonment.
NEW COURT.—Thursday, July 1st, 1886.
Before Mr. Recorder.
MR. HADDON Prosecuted.
ESTHER RAMSAY . I am a laundress of 114, Duncombe Road, Holloway—on June 13th I left home at noon, leaving the doors and windows secure—I returned about 11 p.m., and found the street door open and all the doors inside, which had been closed before—the washhouse door was broken open, and the lock forced—I missed blankets, sheets, pillow-cases, towels, a black mantle, and articles value 5l.—the police showed me the things next day.
JOHN NEWMAN (Policeman Y 31). On 13th June, about 10.30, I was on duty at Hornsey Rise, and met the prisoner in Sunnyside Road carrying a very large bundle—I stopped him and asked him what he had got—he said he did not know, that two men threw it to him and ran away—I asked what he was going to do with it—he said, "To take it home"—I asked him who the two men were; he said he did not know—this was 400 or 500 yards from the prosecutrix's house, and he Was coming from that direction—I took him in custody, and found a latch key on him—he was sober.
JOHN SCRAGGS (Detective Sergeant F). On 14th June, about 9.30, I went to the prosecutrix's house, and found three marks on the front door such as would be made by a jemmy, a pane in the parlour window was broken under the catch, and at the back of the premises the cement was
removed near the closet window, the seat of which was scratched as if some one had come in through the window—the washhouse door was open, and the box of the lock lying on the ground with a portion of the woodwork attached, but there were no marks on the door; it was as if some one had rushed against it and broken it.
The prisoner in his statement before the Magistrate and in his defence said that he was out drinking with his brother-in-law, Frederick Green, and another man, who left him, asking him to wait for them, and afterwards came back and gave him the bundle, and that his sister had cautioned him not to be in his brother-in-law's company.
He received a good character.
NOT GUILTY .
THIRD COURT.—Thursday, July 1st, 1886.
For the case of Charles Smith tried this day see Surrey Cases.
OLD COURT.—Friday, July 2nd, 1886.
Before Mr. Recorder.
MESSRS. MEAD and MORTAN SMITH Prosecuted; MESSRS. GRAIN and GILL Defended.
GEORGE WILLIAM COOPER ADAMS . I am caterer to the Royal Natal College, Greenwich—in Feb., 1885, I received a circular similar to this (produced) referring to shares in the Copper Queens, signed "John Lenn and Co., Limited, Grocers' Hall Court, City"—I applied for 50 shares, and sent a cheque for 25l. on the Capital and Counties Bank—I received this telegram from J. Lenn and Co., dated February 19th: "Order to hand; strongly advise you to pay up in full now, by so doing better allotment obtainable; should strongly recommend at least double order, quite confident it would pay handsomely."—I telegraphed back that I would take 100 shares, and on 20th February I sent a cheque for 175l. to complete the purchase, and received this acknowledgment, enclosing a sold note and a receipt for the 25l.—in due course I received the transfers to sign, which I executed and sent back—I had notice during May that the copper market was going down; in consequence of that I wrote, and received this reply, of May 11th, 1885, advising me to exchange my interest from the Copper to the Silver Queens—on the 12th I wrote this letter, leaving it in their hands, and on the 13th I received this reply, enclosing a contract note for the transfer, which I signed and returned, and on the 14th I sent this cheque for 7l. 10s., to complete the purchase of the 110 shares, as I was advised—I have the sold note of the Silver Queens here—on the 12th October I received this letter, enclosing a dividend warrant for 10l. 2s. 8d., and cheque to that amount, which I paid in through the Capital and Counties Bank—I never received the certificate for my shares either in the Copper or Silver Queens—I wrote to the defendant about it, and in May last I went to the office and found it closed, I then consulted my solicitor, and a warrant was issued—there
was a notice on the office, "All communications for F. Tamblyn, 1, Langham Place"—I didn't go there, I sent, but got no information.
Cross-examined. I authorised the Copper Queens to be sold, for the purpose of reinvesting in the Silver Queens—that is an existing Company, and the shares are at a premium—I had never seen the prisoner until he appeared at the Mansion House—my charge was made solely upon the written documents before the Court—I never heard of or saw Mr. Hinton—many of these documents are signed by Hinton in the name of John Lenn and Co.—this is not the only circular I have received from stockbrokers f a similar character, not by many—I do not say that John Lenn and Co. made any false representations to me as regards the Silver Queens—the Copper Queens was an existing Company—John Lenn and Co. are a registered company—if I had made a civil claim for this money I should have sued the proper representative of that Company—I did contract with the Company—the 10l. odd was the proper amount of the dividend on the shares I held, that was the only dividend then due, the next dividend was due when we were at the Mansion House; I didn't get it.
HENRY OWEN . I am a solicitor, of Frederick's Place, Old Jewry—I am solicitor for Mr. Robert Metcalfe Atkinson; he is an old gentleman 82 rears of age, and in very infirm health—he consulted me with regard to Lenn and Co. and put the correspondence into my hands—I know his handwriting. (The correspondence was put in and read; it consisted of a circular similar to the one produced, and various letters, showing that Mr. Atkinson had invested in the Copper Queens, and afterwards transferred his shares to the Silver Queens, and had received a dividend of 10l. 12s. 8d., as in the former instance.)
JOSEPH HARDING . I live at Perry Vale, Catford—previous to Sept. last year I had dealings with Lenn and Co.; they bought shares for me—I had from them a circular relative to the Copper Queens, and also to the Silver Queens—on the 3rd September I wrote to them to secure me 10 Silver Queens—I had called at the office, and I think saw Mr. Hinton—I sent a post-office order as a deposit—on the 4th September I received this letter from John Lenn and Co., informing me that they had secured 116 shares in the Silver Queens, and enclosing receipt for 3l. 9s. 2d. with the sold note, also the transfer form, which I executed and returned—on the 17th September I paid 10l. at the office, and on the 21st 18l. 19s. 7d., here is the receipt—I went up on the Tuesday and paid 9l. 15s. 1d. in reference to the 10 shares, here is the receipt—I received a transfer form for this, which I executed, also a sold note, and on the 21st I sent the second halves of some bank-notes—on the 25th November I went to the office and paid 5l. on account—I afterwards received this statement of the shares I bad bought during the year through Lenn and Co.—on the 1st January, 1886, I wrote expressing my surprise that I had not received my certificates in many instances, and requesting to have them ready when I called—8, Old Jewry, is the Silver Queens office—on the 5th Jan. I received this note from Lenn and Co., expressing regret at the absence of the secretary when I called, and hoping to have my script ready in a few days—on 23rd Jan. I wrote this letter. (This stated that he had called at the office of the Silver Queens and found that his shares had never been registered, and that he had called many times at the office of Lenn and Co. without being able to see the secretary or Mr. Hinton, who was always said to be engaged.)
That is quite true, I did call many times—I never received the certificate—I have not had any dividend warrants on the 40 shares—I have certificates of the Company for 46 in addition to the 40—I have perhaps seen the prisoner once or twice when I have called at the office, but very rarely—I generally saw Mr. Hinton, who was represented to be the secretary of the Company, and the prisoner, the manager—when I wished to see him I asked for the manager—when I became anxious as to the non-registration of the certificates I persisted in seeing Mr. Tamblyn—I didn't say his name, I knew him simply as manager—I did see him, and he assured me that in a few days the whole matter would be settled.
Cross-examined. I did not conduct the whole business with Mr. Hinton—I believe he had gone abroad previous to my anxiety about the non-registration—when I saw the prisoner I told him that I was very much surprised that my certificates had not been registered, and he said he would see about it—he acknowledged that there were 40 shares owing to me, and that very shortly they should be registered; that was distinctly and repeatedly acknowledged—my earliest business with them was satisfactory—I understood they were acting in the same way as agents—I knew nothing of them except from their circulars—I think they stated, when I called some time, that they held a great many shares; that was only to encourage me to buy, as I understood—the transfers in no case were in their name; the party transferring to me was quite a different individual, but I don't remember the name; I made an entry at the time of the name, but I do remember it, they were quite distinct from the firm, and in one or two instances the parties resided in the north of London—they told me they possessed shares, they didn't tell me they were for sale—I have received dividends more than once on the previous transactions and in respect of La Trinidad shares—I believe those were allotted to me by the Company, at least a portion of them—I got a cheque of theirs for a dividend similar to that in Mr. Adams's case, but I cannot say on what particular shares; I think it was for a dividend due on them when I purchased them—I received my dividends on the Silver Queens up to two months since, therefore I should have no objection to receive the shares, but on the whole I would rather have the money.
FRANCIS HUTLEY . I was formerly secretary to the Copper Queens United Company, Limited; it is now wound up—I have the share ledger of that Company, it was kept entirely under my supervision—Mr. Harding had some shares in the Company—I was also secretary of the Silver Queens—I believe we have never received the transfer forms with regard to Mr. Adams's shares, if we had we should have given the receipts and sent out fresh certificates—these dividend warrant cheques are not the forms in which we pay our dividends—these application forms were not issued by the authority of the Company.
Cross-examined. I have had some experience of Companies—I should say, judging from dates, stockbrokers are very dilatory in sending in transfers, sometimes to the extent of a month or two—that would apply to stockbrokers of high standing.
Re-examined. I do not find from February to May a common time.
JOHN ALLISON . I was formerly in the employ of John Lenn and Co, for about two years, I left in March last—the prisoner engaged me, he was the head of the office—Mr. Hinton superintended the clerks, and the prisoner superintended him, as far as I could judge—the prisoner
drew the cheques on the London and South-Western Bank—the endorsement to this cheque of Mr. Adams for 175l. is the prisoner's writing—some of the signatures to the letters and receipts in Mr. Harding's case are the prisoner's writing, and some are Mr. Hinton's.
Cross-examined. There were about half a dozen clerks—Mr. Hinton did the greater part of the correspondence; the letters were directed both by him and the prisoner—Mr. Hinton drew cheques on John Lenn and Co. as bankers only; he drew his own cheques—sometimes when the prisoner was away cheques were left in blank, feigned by him and filled up by Mr. Hinton—I don't know where Mr. Hinton is, I have not seen him since last November.
THOMAS RAYNHAM . I am housekeeper at 4 and 5, Grocers' Hall Court, City, where John Lenn and Co. carried on business—on 25th March, 1882, I showed an office on the third floor of No. 5 to the prisoner—it was let through the agents—this agreement of 25th March, 1882, is signed by the prisoner—the business was then carried on as "John Lenn and Co.," not "Limited"—on 16th November, 1883, another agreement was entered into by the prisoner; this is a copy of it—that was for the ground floor and basement of No. 5—afterwards there was this other agreement for two floors on 4 and 5—I was employed there for 16 months to superintend the sending out of circulars—that was part of the business—I took the instructions from the prisoner—we sent out 40,000 or 50,000 at a time, sometimes more, sometimes less—the prisoner was always recognised as the head of the office—after 6th April last a distress was put in for rent—the prisoner directed me to send letters to No. 1, Langham Place; I did so up to 14th May—the last batch of letters I sent were returned through the Dead Letter Office—I never received any other address from the prisoner; I did not know where he was—I pointed out to Sergeant Child the office the prisoner occupied.
Cross-examined. Mr. Hinton always paid me my wages by cheque, signed by the prisoner "John Lenn and Co., Limited;" the greater part of them were on the South-Western Bank.
HENRY TRACEY ROSE . I am cashier at the London and South-Western Bank—I produce two affidavits made by the sub-manager of the head office—an account was opened in 1884 in the name of John Lenn and Co.—I have the signature book and pass-book here. (The balance on 26th March, 1886, appeared to be 4l. 3s. 9d.)
ROBERT CHILD (City Detective Sergeant). On 21st May I received a warrant for the prisoner's apprehension; I executed it the same evening, in the Poultry—I read the warrant to him, it referred to Mr. Adams's case; he said "All right"—going along he said "From the way in which your document is worded, I don't understand it well enough to be able to make any reply"—I found on him certain documents, amongst them a bankruptcy notice and a writ, addressed to him—I have been to the office pointed out by Raynham, and found there the documents produced, addressed to John Lenn and Co., Limited, also this memorandum and articles of association, the dividend payment book and letter book, copies of the circulars, and pass-book—I produce this document from the Registrar of Public Companies, it purports to be certified by the Registrar.
GUILTY .— Four Months' Hard Labour.
Before plea MR. BESLEY, for the prisoner, applied to quash the Indictment, on the ground that the First Count charged that the defendant "unlawfully and knowingly did pretend," omitting the word "falsely" and that by means, &c., he did obtain, omitting the word "unlawfully" and that the Second and Third Counts omitted to set out the false pretences or fraud. MR. SMITH, for the prosecution, urged that the Second and Third Counts followed the words of the Statute, and that the First Count sufficiently described the offence as the pretences were negative in the usual way. THE RECORDER held that all the Counts were bad and quashed the Indictment. Cases referred to—Reg. v. Bell, 12 Cox C. C. 37; Hayman v. The Queen, L. R. 8,Q. B. 102;Reg. v. Goldsmith, L. R. 2, C.C.R. 74; and Reg. v. Powis, Sessions Paper, Vol. XCIX, page 781; and R. v. Stroulger, Court of Crown Cases Reserved, 24th June, 1886.
MR. GRAIN Prosecuted; MR. GEOGHEGAN Defended.
EDMUND ROBBINS . I am manager of the Press Association, Limited, who collect and disseminate news among papers in town and the country; it is incorporated—I have known the defendant 10 or 12 years as a penny-a-liner, and I know his writing very well—some years ago, in consequence of information, I gave instructions respecting his communications—these two documents A1 and D1 concerning; the murder of a wife and the murder of a sweetheart are in his handwriting, and were received by our office—our system is that if the paragraph is used the sender will be credited with so much, according to the quantity—as a rule we credit him with a round sum, either '2s. 6d. or 5s.—2s. 6d. was credited for the murder of a sweetheart paragraph to Harrison, and 5s. for that of the murder of the wife to Mortimer—persons calling for those sums in those names would be entitled to receive those amounts—we have a list of all kinds of papers which we supply; we practically send all over the country—I received a letter calling my attention to one of the paragraphs, and I made a communication to our clerks; that was how we discovered it—the whole of this paper purporting to be signed by Mortimer and Harrison is in the prisoner's writing—I know no person of the name of Mortimer or Harrison as liners—this (produced) purports to be a list of papers all over Great Britain and Ireland in the prisoner's writing—the Press Association is responsible to the newspapers for the accuracy of the news which it sends to them.
Cross-examined. The date of the murder of a sweetheart paragraph is 26th November—the account of Morgan's fire was 29th January—it was not until then that I applied for a warrant—I first placed the matter in the hands of the police in January, I think; I cannot swear; it may have been long after the Morgan's fire paragraph that I applied to the police—from the directions I had given it was impossible for Fowler to obtain money in his own name—if the prisoner sent two items in his own name we should credit him with both items—if two persons sent the same item we
should use the one sent in first, and credit that one—we have to depend on country correspondents—I know liners are not always supposed to be eye-witnesses of what they report, but we hold them responsible for it—this prosecution is partly to expose the system of illegitimate advertisement—we do not lose by that because we do not advertise—I have a faint recollection of the prisoner's brother—I do not know he was in partnership with him: we have paid him separately—I recognised the writing at once as the prisoner's; it was written slight different to some of this other; he has not attempted to disguise his handwriting.
ERNESST MULLENS . I am a clerk to the Press Association—on or about 4th December the prisoner came into the office and asked me if there was anything due for Mr. Morrison—I referred to the ledger, and told him there was nothing due—he grumbled, and said he thought the paragraph had been used, and he asked if there was anything due to Harrison or Mortimer—I asked him what the subjects were—he said "Attempted murder"—Mr. Bowskill, the cashier, then came up and told him his name was neither Harrison nor Mortimer, but Fowler—I had previously looked out these documents; A 1 and D 1, and examined them, and I told the prisoner they were both in the same handwriting—he said they were his partner's—the cashier told him he would not pay him unless he produced a written authority, otherwise the telegrams would be sent to the towns from which they had been sent—I think that was all that took place—on 7th December a boy brought this document to the office signed "H. Mortimer "and "Harrison"—I had then received instructions from Mr. Robins, and refused to give the boy any money.
Cross-examined. I did not know the reports were untrue—he did not tell me he had written them down from the dictation of his two partners, nor did he say they were in his handwriting—I did not ask him whose handwriting it was—I did not ask him about Harrison or Mortimer—we never had reports from Mortimer before that I know of—I do not know Harrison—these were two reports sent in by perfect strangers, and a stranger came to claim them—it was about 1 o'clock when he came—Mr. Robbins was not there; Mr. Bowskill was, and he recognised the defendant directly, while he was talking to me—he said his name was Fowler, and the prisoner said that was true and that Harrison and Mortimer were his partners—I have been connected with the Press Association four years—I do not think it is a common thing for one person to write out intelligence given to him by another—it is not a common thing for one person to call for another person's money at our place, sometimes it is done.
JOSEPH BOWSKILL . I am a clerk to the Press Association—I have known the prisoner for some time by the name of Fowler—when he came to the office some time in December, in the presence of Mullens I told him he could not have the money for those paragraphs because he was not Harrison nor Morrison, but that his true name was Fowler—he said, "Yes, I know that, they were my partners"—he said he had been sent for the money, that it was of no interest to him—I said he could not have it unless he brought a written authority, and he went away—next day this paper was brought; I was out at that time.
Cross-examined. I saw the written authority afterwards; it was in the names of Mortimer and Harrison; it was laid on my desk, and was not paid because I was not there—I should think I have known Fowler
10 years; I knew his father before him; I cannot say I know his brother, I know he is connected with the press—I know nothing about any partnership between them—we had copy sent in in the name of Mortimer some years ago, I think, but not in that of Harrison.
FREDERICK JAMES HIGGINBOTTOM . I am on the editorial staff of the Press Association—it is my duty to read and summarise the matters that are sent up—I read the two documents, the murders of the sweetheart and wife—I summarised one myself and caused the other to be summarized and they were dispatched to the evening papers—they went on the 26th and 30th of November—two days after the 30th my attention was called to this document by Mr. Bobbins—I gave them to him.
Cross-examined. I do not know that these reports were ever contradicted, I should know if they had been.
JOHN DAVIDSON (City Detective). Early in February I received instructions from the Press Association—on 15th February I was with Palmer in Fleet Street, and we went into the Fleet Street postal and telegraph office, where we saw the prisoner writing at a pigeon hole where the telegraph forms are filled in—when he had finished writing he enclosed it in an envelope, addressed it, and left the post-office, taking it with him—we followed him to the Morning Post Office, Wellington Street, Strand, where he placed the letter in the editor's letter box—he went away with-out seeing us—I then placed a glove in the letter-box that it might be between that letter and any put in afterwards, so that I could recognise it again; I then communicated with the sub-editor and saw the letter-box opened and this envelope under my glove—I identified it us the letter I had seen written and dropped in by the prisoner—I saw it opened. (This letter contained the account of a great fire at Little, Essex, at Messrs. Wittan and Co.'s premises, estimating the damages at 22,000l.,referring to a Tann's safe by which the books had been preserved, and purported to come from Captain Burgess, the head officer of the Fire Brigade at Little.) I took this away with me, made inquiries, and on 22nd February received the war-rant—before that I made inquiries as to Little and failed to find any such place in Essex, nor could I find a Captain Burgess of the Fire Brigade—I found no firm of the name of Wittan and Co. in Essex—I made every inquiry, and finding no Little I did not continue to inquire—I made inquiries about Milton, I found one near Gravesend and inquired there on 22nd February, but could not find that any person of the name of Fleming had been charged with attempted murder in November, no such case was known there—I found other Miltons in different parts of the country and caused inquiries to be made all over the kingdom by letter and telegram, but could find no such occurrence to have happened at any Milton—I have used all the official resources—I have been to Sutton in Surrey, which is in the petty sessional division of Epsom—I find that no person of the name of Homerton has been charged with attempted wife murder there—I have searched out all the other Suttons I could find through the kingdom and have made inquiries there by letter and telegram—I could not find any such occurrence—I received the warrants on 22nd February, and I searched for the prisoner but could not find him till 22nd May, when Palmer arrested him—I had not known him before 15th February, it was only from a description and the fact that he was writing on telegraph forms in the post-office—Palmer took the papers from him.
Cross-examined. I had followed him several nights before and I searched in those places for him—they were in Southwark Bridge Road, Blackfriars Bridge Road, Fleet street, and the Strand—there are ten Suttons and ten or eleven Miltons—this is "little" in this letter and not "Settle"—I have never seen an "S" made in that way.
WILLIAM PALMER (City Detective). I was assisting Davidson in this matter—on 22nd May I saw the prisoner in High Street, Borough, and arrested him—I told him he would be charged with attempting to obtain money from the Press Association—he said, "Have you the warrant with you? this is being got up for me; they offered to pay me Mortimer's money and I refused to accept it"—on Blackfriars Bridge, on the way to the station, he tore up an envelope—I put the bits together and found the address was Tann Hope Street, Hackney—I read the warrant to him at the station and he said, "I know nothing of the Charge whatever"—I searched him and found on him some newspapers with paragraphs marked in blue and green pencil, and blue and green pencils were found on him—I found this letter at his lodgings, Hanover Park Road—on him I found this receipt-head: "2, Southampton Street, Strand" (This referred to a paragraph about Tarn's safe, 2s. 6d.) and this letter or 12th June, 1885 (This said that the paragraph he had just written was overdone, and that some of the facts were ridiculous, and might lead to explanations, and was signed J. Tann, Junr.) At his lodgings I found these circulars respecting Tann's safes, and a mass of other documents of a similar character.
NOT GUILTY .
NEW COURT.—Friday, July 2nd, 1886.
Before Mr. Common Serjeant.
743. CHARLES WILLIAM OLDHAM (22) , Unlawfully obtaining, by false pretences, from George Edward Wright 4s. 4 1/2 d. and 5s. 3d. with intent to defraud. Other Counts for attempting to obtain other sums.
MESSRS. POLAND and GREENWOOD Prosecuted; MR. GEOGHEGAN Defended.
FRANCIS SOUDAMORE . I reside at 25, Down Street, Piccadilly, and am on the editorial staff of the Times—I received this report relative to a meeting of the unemployed on Hackney Downs, I believe on 7th February, in the ordinary way, and I was requested to look at it and see if it was of sufficient interest for publication—I fancy I cut out a portion which was too long, and then I sent it on to the printers, and it appeared in the Times of 8th February in that form—the address on it is "C. Hill, 3, Aviary Street, Canning Town"—that is put on by the reporter, that he may be paid for it—those reports are addressed to the editor, marked "Copy," left at the porter's desk, and if they are fit for publication I hand them on—I know nothing of the prisoner.
Cross-examined. I can't say whether this is the first time I have received reports signed, C. Hill, 3, Aviary Street—I won't tax my memory one way or the other—there is no day of the month in the report—it often happens that the Times gets excess of copy, and sometimes items of interest which we don't reject, are kept back and do not appear in the next day's paper—I cannot say whether a contradiction of this report ever appeared in the Times; I should not know—I never found anything out about this report—I have been a war correspondent of the Times and as such I could
not be in the front and rear at the same time, and so I had to rely upon reports given from reliable sources—I have been deceived in my time.
Re-examined. I can't say how long after it was, that the discovery was made that this was a fiction—it would not be much use putting in a contradiction a month after.
GEORGE EDWARD WRIGHT . I am registered printer and publisher of the Times—when copy is sent in the sub-editor looks it through, and then passes it through to me for the purpose of printing, and if it appears, the reporter's name which is on the copy, appears in the ledger, with the amount of copy at 1 1/2 d. a line credited to him—he would see the report, and apply for the money with the receipt ready written, or he would write it out—the account would be checked by the ledger clerk, and the bill presented to me for payment—I pay any day except Saturday, but I always insist on one day in case it should be inaccurate—these are the reports of liners who do not belong to our regular staff—I paid this bill out of the coffers of the Times: "The proprietors of the Times in account with Charles Hill, mass meeting on Hackney Downs, February 8th, 4s. 4 1/2 d. received on 9th, Charles Hill"—the initials of the ledger clerk are in the corner—payment is made upon the accuracy of the report—the next copy sent is of the Victoria Park Meeting on the 28th February, with "Charles Hill, 3, Aviary Street, Canning Town," upon it—that was passed by one of our editors, and appeared in the Times of March 1st—the account was paid on March 2nd; this is the receipt: "In account with the proprietors of the Times, March 1st, Unemployed Demonstration in Victoria Park, 40 lines, examined G. P., received March 2nd, Charles Hill"—I have this entry in my book of the payment of that money; "5s. 3d., Charles Hill"—I cannot say if I paid that—there are two others in my office, and if I am away in another part of the office the cash would be left out, and they would pay it, and when I saw it was paid I should make the entry; I am bound to do that to make the balance at the end of the day—the copy would be sent in one day and printed in next day's paper—the next copy relates to a meeting at the Walworth Radical Club, Old Kent Road—it has the name "M. Darrell, 8, Middlesex Street, St. Pancras," upon it—those 42 lines, 5s. 3d., passed through the sub-editor's hands on Sunday, 11th April, and appeared in the Times of the 12th—I also produce a flimsey, which was sent in on 12th April, and appeared in the Times of the 13th, of a meeting of the West London Traders' Association at the Mabledon Hotel, Euston Road, on the Railway Rates Bill—it bears the name of "M Darrell, 8, Middlesex Street, St. Pancras"—that was 24 lines, price 3s.—the two accounts together amount to 8s. 3d.—this receipt: "8, Middlesex Street, Times debtor to M. Darrell, Irish Government Bill and Railway Rates Bill, 24 lines, total 8s. 3d., received April 28th, 1886, M. Darrell," was handed to me by a man on the 28th April—I asked him his name—he said "Jones"—I kept the receipt, and refused to pay him, and told him Darrell had better call himself, but he never did—the next flimsey sent is that of a meeting of the London Trades Congress Association at the Napier Hotel, Jermyn Street, and bears upon it the name of "J. Lynch, 228, Gray's Inn Road"—that was sent in on 22nd April, and appeared in the Times of the 23rd—this receipt: "J. Lynch, 228, Gray's Inn Road, 23rd April, 1886, Railway and Canal Traffic Bill, 30 lines, 3s. 9d., paid 29th April, J.
Lynch," was brought to me by a woman, who I afterwards saw at the Mansion House—I declined to pay the money, telling her to tell Mr. Lynch to call himself, but he never came, and the money has never been paid—Mr. Vincent, one of the checking clerks, was in the office at the time she came—persons who brought receipts would go to him, and he would initial them, and then they would come to me, and on seeing Mr. Vincent's initials I should pay the money.
Cross-examined. I speak to three receipts in the names of Hill, Darrell, and Lynch; they are all marked "Paid," but in two of them no money was handed over; my holding the receipts is no evidence of money being paid—apart from the receipt there is nothing to show that the money was paid in Hill's case—this book is in the general cashier's writing—if anybody paid the money out he would make a memorandum, and I should make an entry in the book—part of this book is what other people told me—I balance the books every day—if a perfect stranger sent in a flimsey with his name and address, we should insert it if we knew nothing against him—I always wait one day before paying, to see that the report is correct, because supposing a wrong name is given probably as soon as it is published that person would make a complaint, and if it was well founded and of sufficient interest we should make an apology—I know a man named Booth, a line reporter—this meeting of representatives of working men's clubs against Home Rule is leaded, but not double leaded—I found out this was untrue about 12 o'clock on the morning of publication—he was a line reporter—I was satisfied it was a bogus report next morning, but we did not publish any contradiction—it depends on whether it is important or not—this was false, but I did not publish a contradiction—I told a responsible person, and he did contradict it—we published a Fenian Manifesto some time ago—we did not contradict that, nor did I see a contradiction in the Daily News—we did not know the author of that manifesto, and we did not make any inquiries of the person who sent it in—I know that reports in the Times have frequently been contradicted in the House of Commons—our correspondent in Dublin relies on reports that are sent from persons in other parts of Ireland—he has been deceived in outrages which have not occurred, but we have not dismissed him or prosecuted him; he still receives his salary, I believe.
Re-examined. There are ordinary correspondents and ordinary liners—I have no doubt the Fenian Manifesto was a genuine document—it is for the editor to determine whether it is worth while contradicting these paragraphs or not—if it was an occurrence of great importance we should nave the news from more than one reporter, so that it would be verified, but in a meeting at a public-house we have no means of checking it—these matters are got ready up to between three and four o'clock in the morning, so as to appear in the morning paper.
BASSEL J. INGLE . I was present at the trial of a man named Jones at the Middlesex Sessions for obtaining 3s. 6d. from the publishers of People, by false pretences, with reference to news not supplied—the prisoner was called as a witness—this (produced) is a transcript of his evidence, which I took down at the time—I am shorthand writer to the Court. (This being read stated that he, Charles William Oldham, of Middlesex Street, St. Pancras, was a contributor to the newspapers under the name of Lynch, that he had contributed to the People newspaper, and had been paid and
when he could not attend to be paid, he sent his wife; and on the occasion in question he sent Jones for the money and gave him a receipted account, but did not tell him to represent himself as Lynch; that he wrote the report of the Irish Government Bill, the information being supplied to him in the name of Darrell, of 151, Waterloo Road, and that he sent a copy of the same matter to the Evening News with the address C. Hill, 3, Aviary Street, in which name he was in the habit of supplying them with news; that Oldham was his right name, and he was never known as Lynch except for the purpose of sending in news; that he had employed Jones two or three years, and did to in April, and saw him at the King and Keys and asked him to go to the People office and wrote the receipt in his presence.)
Cross-examined. I had no instructions to take verbatim notes; this is simply a report, it is not verbatim—the prisoner was under examination one day and cross-examined the next—I have reported items occasionally other than occur in Court, and have been paid by the line—I have frequently sent in paragraphs that have been sent to me from reliable persons—supposing a fire took place at Highgate, it would take 2s. 6d. or 3s. for a cab to go there, and I should hang about Fleet Street and put in a paragraph of what I heard—I should trust to others.
HENRY WILLIAM HERBERT . I am a clerk in the Daily Chronicle office—in April last I remember paying 2s. to a person, who signed a receipt in the name of M. Darrell for a flimsey report of a meeting of the Walworth Radical Club—James Monk is a messenger in my office—I don't know to whom I personally paid it.
Cross-examined. None of my writing appears on the receipt, but I know I paid it by the list; there is nothing on it to say that I paid it—I say so because I paid the cash on the evening this was presented—our system with regard to liners is different to the Times—the account is not sent in receipted before they get the money.
Re-examined. Mr. Salmon is the cashier—upon the bill being presented for payment the cashier would inquire the name of the applicant, and the name of the paragraph he applied for cash for, and then he would sign the bill, and the amount of cash would be handed over to him.
GEORGE MONK . I am a messenger in the Daily Chronicle Office—I know the prisoner; I remember seeing him there on a Friday evening, about 15th April, to receive 2s., and saw him receipt the bill—Mr. Herbert paid him the money—I know the prisoner as Oldham.
CAIUS THOMAS VINCENT . I am a clerk in the Times office—I check the bills as they come in—this receipt of 29th April signed "J. Lynch" was presented by a woman, and signed as it is now, but the money was not paid—I checked it and initialled it—I saw the woman at the Mansion House when the prisoner was under remand, and pointed her out to Sergeant Wright, who identified her as the prisoner's wife.
Cross-examined. It is not unusual for one reporter to call for another reporter's money.
WILLIAM SHORT . I live at 45, Cooper's Road, South Hornsey, and am keeper of Hackney Downs—there was no meeting there of any kind on 7th February—there were not several thousand people there, nor did any one move any resolutions—I have an office on the Downs, and I can see all over them with the exception of two small parts—no meeting could have been hold there without my knowing it.
Cross-examined. I am speaking of the meeting of 7th February—
meetings are very seldom held there—a good many people come there, on Sunday evenings—I was first spoken to about this the next week when one of my neighbours brought me a paper—I have an hour for dinner, and from 1.30 till 2.30 on Sundays no one is there—the last meeting held there was last October—people do not preach there, it is prohibited without permission, which you can get from the Metropolitan Board of Works.
Re-examined. I have read this paragraph; my attention was first called to it about a week after, it was then fresh in my memory—no such meeting occurred there at all; it would have been impossible without my knowing it.
WILLIAM LAWRENCE (Policeman N 673). On Sunday, 7th February, I was on Hackney Downs from 6 a.m. till 10, and again from 2 till 6 p.m.—no such meeting occurred there; if it had I should have known of it.
THOMAS DEVEREUX . I am keeper of Victoria Park; I was there on 20th February—my attention was called to this paragraph in the papers about a demonstration of the unemployed in Victoria Park, them was no such meeting, nor did, any processions arrive, nor were resolutions moved; it would be impossible without my knowing it.
Cross-examined. Victoria Park is about 150 acres—I am not the only keeper; I cannot supervise the whole of the park—any meetings are held in one particular spot—no meeting of the unemployed hat been held for twelve months—when I go away to dinner, Constable Covington relieves me; he is not here.
Re-examined. A meeting of thousands could not be held and resolutions moved without my knowing it—I was on that spot from 2 to 6.
SIDNEY HERBERT TURNER . I live at 44, Bromsgate Street, Stamford Street, and am a clerk in the Times office—on 12th April, when this paragraph appeared about the Walworth Radical club, Old Kent Road, I went to Old Kent Road and found there was no such club at 142, it is a private house—I saw the caretaker there, and have got some one from that place—I also made inquiries to try and find the Mabledon hotel Euston Road, where the Railway Rates Bill people are stated to have met, but could not find any such hotel.
Cross-examined. There is a Mabledon Place—I did not confine my attention to that, I went from one end of the Euston Road to the other—there are a good many Radical clubs over the water; I found one in Walworth Road but did not find that a meeting took place there on Home Rule—I did not find the Chamberlain Club or the Radical Club—I made a list of over 20 hotels of any note; I did not include small public-houses—I inquired of the police on duty, and ascertained there was no such hotel—my evidence is not hearsay evidence—I expected to find the name of the hotel up in large letters—I have come across private hotels, but the names are outside.
Re-examined. I never heard that public meetings were held at private hotels, and resolutions passed and so on—I went to Euston Road especially to try and find the Mabledon Hotel, and was there nearly two hours but could not find it—my inquiries in Old Kent Road were for a Radical Club.
SILVESIER GEORGE COOMBE . I live at 6, Flora Terrace, Walworth, and am secretary of the Walworth Radical dub and Institute at 142, Walworth Road—on 11th April there was no such meeting as is in this report, and no conference of labour delegates—no man named
Thomas Price Jay spoke at the club, nor did a Mr. O'Hanlon move a resolution—there was a meeting at the club in the evening.
Cross-examined. I opened a debate against Home Rule that evening, and among my audience there were a number of working men—one stranger spoke on that evening, but I know him very well; he would give his name to the chairman—I am not aware that there are a good many Radical clubs about that part of London—the London Democratic Association is not a club.
Re-examined. There was no such meeting as appears in this paragraph of April 12th; Mr. Woodland did not preside; I do not know Mr. Thomas Price, Mr. Donaldson, or Mr. O'Hanlan.
WILLLIAM WRIGHT (Detective Sergeant). Since the prisoner's committal three weeks ago I have made inquiries to try and find the Napier Hotel, Jermyn Street; there is no such hotel in that neighbourhood—at the Mansion House Mr. Vincent pointed out to me a Mrs. Oldham, the prisoner's wife—I arrested the prisoner on a warrant on 28th May—I read it to him; he said he was prepared to meet any charge that might be brought against him, and that he expected he should be arrested after the evidence he had given at Middlesex Sessions.
Cross-examined. I was not present the whole time he was giving his evidence at the sessions—he came forward voluntarily to give evidence for Jones, to get him out of the scrape—the People newspaper is not prosecuting him—Jermyn Street is, I think, in the Vine Street licensing division.
Cross-examined. Numbers of literary men used to visit there.
JOHN SMITH INGLIS . I am an expert in handwriting and have had a very large experience—I have compared these documents in the prisoner's admitted handwriting, with the flimseys and receipts, and believe them to be the same; they are not disguised.
Cross-examined. The documents signed by Lynch and Darrell are in the same writing; one is sloping and the other is straight, but they are not disguised.
GUILTY.—Recommended to mercy by the Jury on account of his youth. — Six Months' Hard Labour.
Before Mr. Justice Day.
MR. MUIR Prosecuted.
MARY ANN TARTON . I live at 15, Scott Street, Canning Town—on the night of 4th June, between 10 and 11 o'clock, I was in the prisoner's house, upstairs in Mrs. Williams's kitchen—the prisoner occupies the lower part of the house, and Mrs. Williams the upstairs—I heard the prisoner and his wife rowing downstairs; I looked over the bannisters, and saw the prisoner breaking up things in the kitchen, and he had a
lamp in his hand, and he threw it down and caught the place alight—his mother-in-law put it out—the lamp did not fall, he threw it down—I and Mrs. Williams then came down into the street, and the prisoner's wife remained upstairs with her three little boys, who were in bed—while in the street I saw the prisoner go next door and ask Mr. Evans for a match, and he lit his pipe with it—there was no fire in the house then—he went in again, and in a few minutes I saw flames through the fanlight of the street door, in the back room—a lot of people collected—I screamed out for help, and Mrs. Williams put the children out of window, and the people caught them below—we burst the door open, and saw the prisoner going to the kitchen with sparks of fire on his trousers; he went out of the back door into the back garden—I went into the back room and helped to put the fire out—the flames were coming from linen clothes which were burning in the middle of the room—when I saw the prisoner going out I said, "Oh, you villain, to do this where there are children"—he made no reply to that, and went out quietly; I did not see where he went to.
Cross-examined by the Prisoner. I was not in your kitchen; I had never seen you before; we did not have any drink in your kitchen—the landlord lets these houses out in flats.
Re-examined. I last saw Mrs. Williams this morning—she is in bed; she was confined last Tuesday morning at 10 minutes to 6, and is quite unable to go out; she is very queer.
SARAH HERBERT . I am the mother-in-law of the prisoner, and live in the same house—on 4th June, about 10 p.m., he came home very drunk, and looked into his kitchen, where the last witness, and Mrs. Williams and myself, and the four children were—we were after having some beer, and the can was on the table—he looked in at the kitchen door, and went away very vexed, and Mrs. Williams said, "Come upstairs," and we all went—while we were up there I heard like breaking in the kitchen, and looked over the bannisters and saw the prisoner coming out with the lamp; he staggered against the staircase, and fell against the wall, and the lamp fell out of his hands—the oil blazed up, and I took some water in a pail and threw it on it, and quenched it immediately—the prisoner then went out, and Mrs. Williams said she was going downstairs, she was afraid to stop up there—I did not go down, I stopped up there with the children—soon afterwards I heard another alarm raised, and when the policeman came I went down into the room; the fire had then been quenched—I heard a man in the back kitchen before I went down, I thought he was quenching the fire—I saw very little smoke in the passage.
JAMES JARVIS COLES . I am a clerk, and live at Abbey Terrace, Barking Road—on 4th June, about half-past 11, I was passing Queen's Terrace, and heard cries of "Help, help, fire," and assisted in passing some children from an upstairs window—I saw the front door forced open by some persons who were witnessing the fire, and I was the first to go in—I went into the room, and saw the floor covered with materials all on fire—there were sheets and linen, and things of that kind and paper, in various heaps all over the floor, all on fire—I did not examine the heaps—we put the fire out with our feet—I should say the majority of the heaps was linen—I collected it in the fireplace with my feet, and eventually put it out—I smelt a smell about it which I should think was
paraffin from the nature of the fire and the smoke—my feet came in contact with the broken bits of the lamp in the passage—the smell could not have come from there, it was in the room, and the materials were saturated with it—the room was very scanty of furniture, and that was very dilapidated and broken up.
Cross-examined. The things to my judgment were saturated with oil—the grate was crammed to the very top with the materials we had scraped together, and they were all burnt out before we got the water—I extinguished the fire with my four friends.
JOHN GOODE (Policeman K 628). On 4th June, about a quarter to 12, I was called by Mrs. Williams to 3, Queen's Terrace—I examined the back room; every piece of furniture there was broken, and the linen was in different parts of the room, burnt, with paraffin on it—there were sheets, a tablecloth, and children's linen, and also parts of two lamps, and also a chair leg partly burnt, and some paper—one lamp was lying in the fireplace and one at the foot of the stairs—I found the prisoner standing in a doorway in Wilberforce Street, about 150 yards away; he was dressed, with the exception of his boots—I told him I should take him in custody for setting fire to his house—he said "The case has got to be proved first"—he was taken to the station, where he was charged—he said "I own I have done it"—I examined the flooring in front of the fireplace, and found two or three places which had been scorched by the flames—it had not been red hot.
EDWARD CONNELL (Police Inspector K). On 5th June, about 20 minutes past 1 in the early morning, I was at the station when the prisoner was brought in—I charged him and he said "I own I have done it; what I have done I was driven to do"—he was the worse for drink—about half-past 1 that morning I went to the house and examined the back room, and found thin clothing and broken paraffin lamp in the fireplace, and also these pieces of paper—the whole of the linen was partly burnt—I examined it to try and find paraffin, but could not—there was a strong smell in the room of burning linen; the smell of paraffin would have remained there up till then—I found this lamp in the passage, and oil was spilt on the two bottom stairs—the furniture was in a broken condition—about 10 next morning I went to the house and examined the boards about the fireplace; there were no marks traceable on the floor—there had been some floorcloth over there, and the place had been washed out a little then—when I was there on the previous night the floor was covered with ashes from the paper and clothes—I was in Court when Mrs. Williams was examined—the prisoner had an opportunity of cross-examining her, and I saw her sign her depositions.
The prisoner, in his statement before the Magistrate and in his defence alleged that in consequence of his wife's drunken habits he had resolved to break up his home and in breaking the furniture the lamp was accidentally upset, which set fire to the things.
NOT GUILTY .
Before Mr. Recorder.
MR. PARTRIDGE Prosecuted.
Loughton—on 30th April I took a bale of goods from Cook and Sons, St. Paul's Churchyard, in my van, and on my way back to Loughton I stopped at the Blue Ribbon coffee-house and went in with the boy, leaving no one in charge of the cart—we were inside three-quarters of an hour, but I came out three or four times, and the last time I missed the bale from the tail of the cart; it had been tied under the roof—it was worth about 10l.; I have not seen it since—it is a busy road—I informed the police.
BENJAMIN STILL . I am getting on for 15 yean old, and am van boy to Lavington Brothers—on 30th April I was in a Tan with the prisoners at Leytonstone—Bryant, who was driving, pulled up alongside another cart, Waller cut the rope with this knife (produced), and Day put the bale on his shoulder and put it on the tail-board—Day then drove away, and hit the horse to make him go pretty fast—Day then cut the bale open, and I saw blankets in it—we pulled up at Yates's public-house, Bedford Street, Commercial Road, where Bryant and I sot down—Day went up the street, and Waller drove the van away with the bale; he returned in five or six minutes with the van, but the bale was gone—when we were driving home Day said to me "If you tell any one that I eat the bale I will cut the heart out of you"—Bryan and I went home with the van—I picked Day out at the station from other men—I am certain the three prisoners are the men who were with me.
Cross-examined by Waller. I told Carter, the foreman, that you did not drive the van away; that was because I was frightened—I next saw Bryan on Sunday—I was discharged on Wednesday night.
Day. His evidence is false, he has never seen me.
Cross-examined by Waller. To the best of my belief the other two prisoners were in the van—you were in the middle—I cannot say who was driving—the police came to me and asked me some questions.
GEORGE BLANKS (Detective N). On 5th May I went to 31, Armitage Street, Wapping, and saw Waller—I charged him with being concerned with two others in stealing a bale of drapery from a carrier's cart in Leytonstone Road—he said, "I know nothing about the bale of drapery, I never left Whitechapel Road that day, I could not have been at Leyton, stone"—I took him to the station—on the 22nd I went to Barnham Street, Bermondsey, about 2 a.m., and saw Bryan—I charged him with being concerned with two others In stealing a bale of drapery—he said he knew nothing about drapery—I took him to the station and charged him—he said, "I was down Leytonstone Road with my boy and the van, two strange men got into my cart and had a drive, I don't know who they were."
Cross-examined by Waller. I first asked you about the robbery on Saturday night, May 1st, and again on the 3rd—I did not go to you on the 4th—you were not placed with other people at the station to be identified—you were not charged till we got Still there at 9.30—I did not come to your cell and say that if you swore to a man who was a horse-keeper I would put you in the witness-box—I said. "It will be all right, no doubt, if you are not identified"—I know nothing about Mr. Carter, your principal witness, being kept back.
HENRY PAYNE (Detective H). On 22nd May, about 8 p.m., I was with Gold in Mile End Road and saw Day—I told him I should take him in custody for being concerned with two others in stealing a bale of drapery off a van—he said, "I know nothing at all about it, you have made a mistake"—on the road to the station he said, "I hope you are not getting it up for me"—I said, "I am not"—he was placed with five others at the station and Still identified him—he was taken to Leytonstone Station and charged—he made no reply—this knife and another small one were found on him.
Cross-examined by Day. I have not been to Mr. Fraser of Dowgate Hill, nor did he tell me how long you have worked for him.
Waller in his defence complained that a most important witness, Mr. Carter, in whose employ he had been for 12 months, had been kept back. He stated that he went with Bryan after some furniture on 30th April and stopped at two or three houses, but not at a coffee-house; that Still's evidence was false, as Mr. Carter could prove, and that Still and his parents had a grievance against him about a sack lost by Mr. Parsons of Lime house, which was the reason he had made a perjured statement. (MR. CARTER being called did not appear.)
Bryan produced a written defence stating that he had been in the employ of Lavington Brothers for 10 years; that on 30th April he went to Woodford for a load of furniture and, wanting a man to help him, called for Waller, and also took a third man for a ride with him, who was not Bryan that nothing was put into his van except the furniture and that no one drove but himself; that Still's evidence was false and this was not the first time he had got him into trouble.
Day in his defence stated that the other two prisoners were strangers to him; that he knew nothing about the case and was at work at a wool ware-house at the time.
Waller and Day then PLEADED GUILTY to previous convictions; Waller at the Thames Police-court in December, 1882; and Day at this Court in March, 1884. WALLER— Eighteen Months' Hard Labour. BRYAN— Twelve Months' Hard Labour. DAY— Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. GEOGHEGAN Defended.
THOMAS CRIFFIELD . I am a baker of 165, Brockley Road—prior to 18th June I believed that money was being taken from me, in consequence of which I went to the police and some coins were marked in my presence, two florins, a half-crown, one or two half-sovereigns, and a sovereign—they were put into this purse and put in a wardrobe in a bedroom on the first floor—the last time I saw the coins counted was about half-past eight on the Saturday morning, the 19th—I am sure the coins
were all there then—an electric bell was taken from the shop door and put on the wardrobe so that no one could see it—the prisoner was at work on that Saturday—her husband has been in my service about five years and is so still, he has been married a year or eighteen months—I went out on my rounds on Saturday and returned about 11; a communication was then made to me and I called in the detective, Harris—he was handy—I called the prisoner down off the stain where she was cleaning, and Harris ordered her to turn out her pockets in the back parlour—she took out her purse and gave it to him and he put it on the table and opened it—there were some halfpence in it and a two-shilling piece—I think he took out the coins bit by bit—I saw it as he took it out—he looked at it and handed it to me and laid "Can you swear to this?"—I said, "Yes, I can"—I don't think the prisoner made any answer, she was taken to the station.
Cross-examined. I gave the coins to Harris to mark, and was present when they were marked; the inspector was also there—if the inspector lays there was only one florin there, that is a mistake—as far as I know the prisoner has denied her guilt all through—when she was shown the florin she said she had brought it with her—she did not say in my hearing that she had been the night before to buy some methylated spirits—I have other persons in my employment; a woman who attends to the shop, and a maid servant, and my family—they could get into the bedroom—I charged the prisoner at the station.
MARY CREFIELD . I am the prosecutor's wife—I was aware of money having been missed and money having been marked—I knew of coins being put in the purse and in the wardrobe—I saw it on the Saturday morning, about 8 o'clock, at the same time as my husband; they were all there—I was afterwards in the shop about 11 o'clock when my husband was out—I heard the bell ring from the wardrobe—the door could not be opened without the bell ringing—a few minutes afterwards I went up to the bedroom and examined the money, and missed a florin—my husband came in a few minutes afterwards—the prisoner came to work about 9 o'clock that morning, and was working upstairs—she would have no occasion to go to the wardrobe, or to clean it—when my husband came home the detective was called in—at the time I heard the bell ring the prisoner was in the bedroom—I could hear her walking—there was no one else upstairs
Cross-examined. She would sweep oat the bedroom—the bell would ring if any one tried to open the wardrobe—I have six children—I did not count the money after the prisoner was given into custody; I did before—there were two florins at first, and when the prisoner was given into custody there was only one—she did not run errands for me; a boy would do that; not one of the children—the boy does not live in the house.
Re-examined. The errand boy is about 16; he never goes into the bed room to my knowledge—he would have no business there—he was not there when the bell rang—only two of my children are old enough to open the wardrobe door; they are 9 and 11—they were out at the time—one of the others was away from home, and the others were in the kitchen—the servant was with me.
and left them with Mr. Creffield—on the Saturday I was called in by him, and the prisoner was called down into a room at the back of the shop—I told her I was a police officer, that her master suspected her of robbing him of marked money, and would she show me what she had got in Her purse—she took the purse out of her pocket and produced 9 1/4 d. in Bronze and one florin—this is the purse with the money in it as she gave it to me—I handed the coins to Mr. Creffield, and he said "That is one of the marked ones that I missed from the purse upstairs"—the coins were all marked alike with the broad arrow at the back of the Queen's head—the prisoner said "What money I have in my purse I brought from home"—she went with me to the station, and the charge was read over to her—I went and fetched the female searcher, and as I returned with her I heard the prisoner say to Inspector Godden "It is the first time I have taken any."
Cross-examined. I said at the police-court that she said "This is the first time I have been in trouble"—I could not swear that she said so—I said she might have said so—she put the purse on the table, and I took out the coins—two florins were marked—the inspector was present when two were marked—I did not make any note of what the prisoner said—she denied her guilt all the way to the station—the Magistrate censured me for not cautioning her—Mr. Creffield was not present when she said "This is the first time I have taken any"—after leaving the police-court I went with the prisoner to a Mr. Burton's shop, because she said she got the florin from there—the young man said she had been there to get methylated spirits, and he had given her change, but he could not recollect what it was—I have marked coins once before; about six weeks ago—that was in a private house—I stamped them with the letter "E" from information I have received the prisoner has borne a good character.
Re-examined. The prosecutor said at the station that he had lost a good deal of money; that was before the female searcher was there—this coin is dated 1883, the other is 1872.
EDWARD GODDEN (Police Inspector P). On Saturday, the 19th, I was on duty at the station when Harris brought in the prisoner—Mr. Creffield was then—I had previously seen the coins marked—Mr. Creffield stated the charge against her—this florin was shown to me, and I recognised the mark representing the broad arrow; I have not the slightest doubt it is one of the coins that were marked—Harris went for the searcher by my direction, and Mr. Creffield left—the prisoner said, "Am I to remain here till Monday?"—I said, "Yes, you heard the charge read to you"—she said, "It is very hard"—I said, "Yes, it is also very hard on your employer; you have heard what he has said, he has lost 14s. during (he past week"—she said, "I have not had it, this is the first I have taken"—I am quite positive about the expression, I made this note of it, immediately afterwards.
Cross-examined. The prisoner made no reply when she was charged—I have only had one other case of marked coin, that was about 14 or 15 years ago; I could not say whether it was about 1872—I used the broad arrow in that case—I took particular notice of the coins that were marked in this instance and of the number of coins—it is a mistake in my deposition that I saw a florin and a shilling marked; I do not know how that mistake crept in; I did not notice it when it was read over or I should have corrected it—I did not caution the prisoner, I should be
acting in contravention of our orders if I had done so, I am directed by the Commissioner not to caution prisoners—the Magistrate said he did not believe that the prisoner did not say, "This is the first time I have been in trouble"—Harris did not tell me she had constantly denied her guilt; if she had said so he ought to have told me.
Re-examined. This is not the same coin that I marked 14 or 15 years ago.
JAKE COLEMAN . I am searcher at Brockley Station—on Saturday, 19th June, I was called to search the prisoner—she told me they were very suspicious people, and laid money about, and as she was cleaning the room she found the two-shilling piece—I asked what she had done with it, and she said the policeman had got it.
Cross-examined. I was not called at the first hearing before the Magistrate, I was at the second, Inspector Godden asked me to come—I am not instructed to ask prisoners questions, I never did so before—I asked the prisoner if she had taken the money—I did not ask her questions, she was talking to me and crying—the inspector did not tell me to ask her questions, I did it of my own accord.
MARY CREFFIELD (Re-examined). There is no truth in the statement that we left money about; we had no suspicion of any one—I never sent the prisoner with a half-a-crown to buy methylated spirits—she came every morning for three months to work—we lost 14s. during the week, we tart 2l. altogether—we marked some money ourselves once before, and my husband asked for change, and she said "I think I have' it," and she gave a two-shilling piece to him, and that was found to be, marked, but nothing was said to her at that time.
GUILTY.—Recommended to mercy by the Jury and prosecutor. — Three Months' Hard Labour.
No Counsel appearing to prosecute, MR. GEOGHEGAN, for the prisoner, called for the production of the County Court proceedings before the prosecutor was allowed to give evidence; these not being produced the RECORDER directed a verdict of
NOT GUILTY .
MR. WARBURTON Prosecuted; MR. PURCELL Defended.
JAMES EDMUND STEVENS . I keep the Prince Arthur public-house, Eton Road, Plumstead—the prisoner was a customer; I have lent him money and he has paid it—on 15th May he came to my house and said, "I owe you a sovereign"—I said "Yes"—he said, "If you will cash a cheque for me I will pay you"—I said, "What for?"—he said, "A fiver will do"—I drew him a cheque for 4l., and he gave me this one (produced) for 5l.; that was 4l. for the cheque and the sovereign. (This was drawn on a bill form, on Gillett and Co., Strand.) I paid it into my
bank, the London and Provincial, on 17th May, and got it back three days afterwards marked "No account"—on 17th May I received this letter in the prisoner's writing: "Mr. Stevens, if you have not already paid my cheque away for 5l. please don't do so, but hold it until my return from London this evening, as advices of mine to be paid into my account did not come to hand on Saturday last or this morning, and before having cheques presented I had better see that all is right"—on the 20th after the cheque had been returned I sent for the prisoner and asked him what he meant by giving me a cheque like that—he said he would call in the evening and pay it—I said he had better be sharp about it; he has never paid me back the 4l.
Cross-examined. I had not paid the cheque in when I received that letter—on the 20th he asked me to hold it over till the evening, not for a day or two.
ROBERT STENNER . I live at 60, Eltham Road, Merton—in May last I kept the Bell Hotel, Shooters' Hill—I have known the prisoner about six months—I had a tiger's skin which I advertised as worth 10l.—I had several conversations with the prisoner about it; he said he could get me a customer if I would let him have it—I told him if he would give me the 10l. he could have the skin; I refused to let him have it without that—on 17th April he came and said he had a friend at Woolwich who would buy the skin if I would send it down and show it to his friend—I said I didn't mind, and I would send it the following day; he said he would be there to show the skin—he then wrote this address where I was to send it to, "4l., William Street, care of Mr. Greeneps," but he did not mention the name—on 18th April I sent the skin to 41, William Street, and about a week after I saw the prisoner, who said, "I have sold it and you will get the cheque in a few days"—I should not have parted with it if I had not believed this representation in writing; I have never had the money—I wrote to him and received this reply: "Dear Mr. Stenner, it was too wet and miserable to come and see you to-day; I ascertained that my friend will not be at his office till to-morrow, I will then inquire about the skin and if it is fine I will walk up and see you in the evening"—he did not do so—I received a telegram, and on the 23rd he came up and said the skin was all right, but as I accused him of obtaining it by false pretences he would not give it up—he came again on the 1st or 2nd June and said that the skin was sold—I said, "I suppose I am to be done out of the money"—he did not answer—I have never had a penny of the money.
Cross-examined. He never said that Mr. Greeneps was going to buy the skin; what made me believe he was, was its being addressed to his office—that was the only way in which his name was brought to my knowledge—before that the prisoner had said if he could not find a customer he would buy skin himself; I had not sold it to him for 10l. 10s. before I sent it to this address—I said before the Magistrate, "I did sell it to him for 10l. 10s. on the first occasion," that was on condition that he paid the money—he didn't send the money, he wanted me to send it to his private address and I would not—I did not care what he did with the skin after I had sold it to him and got the money—I received this letter
from the prisoner on 21st May. (This expressed surprise at receiving such a letter from the witness, and stated that he did not come on Monday as he did not get to London till 8 o'clock, and that his wife had stated she had placed the thing in Mr. Stenner's hands.) I had told him he was getting the skin under false pretences, and asked for it back—after that letter he called but did not state the purchaser's name—I commenced criminal proceedings against the prisoner about the end of May, after an interview with Mr. Greeneps—Mr. Greeneps did not tell me that the prisoner was his client, and they had fallen out, and he was willing to conduct proceedings against him.
Re-examined. I looked to the customer for payment, not the prisoner.
ALBERT BROWN . I live at 26, Raglan Road, Plumstead, and am clerk to Mr. Greeneps, solicitor, of 41, William Street—some time in April a parcel was brought there addressed "Mr. Palmer, care of Mr. Greeneps, 41, William Street"—on that afternoon I saw the prisoner, who asked for a parcel containing a tiger's skin—I showed him the parcel., and he asked me to take it to his house—I took it to 17, Eton Street, Plumstead.
Cross-examined. I have been with Mr. Greeneps over 12 months, and have frequently seen the prisoner at the office—there has been correspondence between them.
FRANCIS MICHAEL GREENEPS . I am a solicitor, of 41, William Street, Woolwich—until May 8th the prisoner was a client of mine—I have advanced him altogether 190l.—on 19th April I arranged to meet him at Gannon Street Station; I went there but he was not there—when I got back to my office I saw a parcel in the outer room, and about 6.80 the same evening I saw the prisoner at Green's End, he said he had left a parcel at my office and had asked my clerk to take it on—on the Wednesday following I saw him at his house, and he produced a tiger's skin; I can't recollect where he said it came from, but he gave me to understand that the parcel was left at my office—he did not offer it me to buy, nor did I authorize him to buy it for me or to get it for my inspection, I did not speak to him about it—on 22nd May he called at my office and asked e to lend him 15l., and said "I will give you a cheque for 135l., and you can place 100l. on deposit at your bank and pay certain costs which I owe, and hand me the balance, 15 guineas"—at my bank, the Capital and Counties, he wrote out a cheque for 13l. on a blank sheet of notepaper, drawn on T. Gillett and Co., 49, Strand—the costs were 19l. 5s.—he then asked me whether I should present the cheque myself where it was drawn; I said yes, I should present it some time on Monday morning—it was then arranged that he should come to my office at 10 o'clock on Monday and receive the balance; I had given him 2l.—on leaving the bank he said "I am going to telegraph to the place where the cheque is drawn"—I said "Why telegraph if you have money there?"—he got impatient and said "You might drop the cheque in the street; it is for a large sum"—I went to the bank on Monday early and presented the cheque across the counter, and it was returned marked "No account"—I have received none of the money—our relation as solicitor and client ended on 8th May.
Cross-examined. I had been acting as his solicitor since the middle of August last year—we were on friendly terms—he did not once lend me 5l., I lent him 5l. on Boxing-day morning—my friendship has ceased
towards him now, and my feeling now is rather the other way, considering the way he has treated me—I think I had enough in my bank at the time this 135l. cheque was drawn to give him the 15l.—I told the prisoner that my account would not permit me to give him 15 guineas, I was not quite clear whether I had it—this cheque was drawn in the presence of the manager of that branch of the bank—I did not suggest to the prisoner that if he drew a cheque for 135l. in my favour in the bank manager's presence it would benefit my account—my office is about 300 yards from the bank, and we went there because the prisoner wanted a draft form and I had not got one—it was arranged that we should go together to the bank, but I got there before he did—between May 22nd and 1st June I probably wrote him some dozen letters asking for payment of money which he owed me—the 100l. was to stand at my bank in our joint names on deposit—I had advanced him various sums, and he had given me securities which I found were absolutely worthless—I don't know that he telegraphed to the office in America to stop their transfer or sale—I tried to negotiate them—after the 135l. cheque had been dishonoured Mr. stenner and Mr. Stevene were brought to me.
Re-examined. I consulted some friends on the Stock Exchange about these securities, and sent them to Winnipeg, and did everything I could with the, but they were worthless, not worth the paper they are written on.
Cross-examined. I presume we make a return to the Inland Revenue Commissioners; I cannot swear we do, as I am attached to the New York house.
Cross-examined. Our firm are something like the Post-office with post-office orders; money is paid into an account in America, and upon our being so advised in London we pay it to the person presenting himself, although we have never seen him before—supposing you expected 1,000l. to be paid to you by some one in America, that person would pay it in in America, and you could draw on us in the Strand although you had never done so before—we issue forms—the business was originally Gillett and Co., but it has now merged into the American Exchange—I have been connected with the business five or six years, and during that time the prisoner has been credited with various amounts from America, and has drawn on those credits.
Re-examined. The date of the prisoner's last remittance from America as 26th September, 1884.
GEORGE BRENCHLEY (Detective Sergeant R). I took the prisoner on a warrant, for obtaining a tiger's skin by fraud—I forget his exact words, but he said, "Whose doing is it?"—I replied, "Mr. Greeneps applied to-day for a warrant on behalf of Mr. Stenner"—he said, "I think you will find that they have made a mistake."
JAMES EDMUND STEVENS (Re-examined). I cannot swear to the date when I called the prisoner's attention to the fact that the cheque had not been paid, but I paid it in on Monday, two days after he gave it to me.
SIDNEY HERBERT (Re-examined). At the time of the last remittance in Sept., 1884, I should say there was a balance of 1l. 11s. in his favour, because 45l. was sent on the 26th, and when the account was balanced there was about 2l. 15s.—he closed his account by drawing a cheque for 1l. 5s. on Dec. 22, 1884.
GUILTY .— Nine Months' Hard labour.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
LILIAN MAY . I am the daughter of Frederick William May, a draper, of 16, Cable Street, Whitechapel—about 20th February the prisoner came in for a pair of socks at 2d.—I served him, and he gave me a florin—I put it in my mouth, my teeth seemed to sink into it—I handed it to my father, who told the prisoner it was bad—the prisoner said nothing—I had not given him change.
FREDERICK WILLIAM MAY . On 20th February my daughter made a communication and handed a coin to me—I examined it with my teeth; it seemed gritty, and my teeth sank in it—I asked the prisoner if he had any more about him—he abused me, and cursed and swore at me, and threatened to knock out my eye and double me up, and one or two other things—I gave him a chance of going, but he was so abusive that I tent for a constable—he was taken to the station; the charge was not gone on with—I gave the coin to the constable.
Cross-examined. There were a number of other customers in the shop at the time, and my daughter went to serve them—I have three or four assistants as well.
JOHN GALLAGHER (Policeman E 221). I was called on 20th February to Mr. May's shop, where I found the prisoner detained—a charge was made against him of uttering counterfeit coin—he said, "I did not think it was bad"—I searched him at the station, and found on him a shilling, a sixpence, and 4 1/2 d.—he gave the name of Benjamin Blackall, 9, Cooper's Gardens, Hackney Road—I received this florin from Mr. May; I marked it, and it has been kept at the station.
JOHN RAWLINGS . I am barman at the White Horse public-house, Buxton Street, Spitalfields—on 14th May the prisoner came in about 5.30 or 6 o'clock for some beer, which came to 1 1/2 d.—I served him, and he put down a bad shilling; it bent in the tester—I called my master down and told him, and he told the prisoner it was bad—he said he was not aware of it, he had been paid at the docks where he had been working—he was given into custody with the coin—he was discharged at the police-court next day.
JOHN HICKEY (Policeman H 104). On 14th May I was called to the White Horse public-house about 7 o'clock, and found the prisoner detained—he was charged with uttering a counterfeit shilling—he said, "I cannot help it"—I searched him on the spot, and found 5d. in bronze on him and a pawn-ticket—he said, "I pawned my waistcoat this morning to get some food"—at the station when charged he said, "I received a half-crown to-day at the London Docks; I spent 1s. in food, and had 1s. 6d. when I went up to this gentleman's house"—he was charged, and discharged before the Magistrate—he gave the name of Benjamin Blackall, and the address 3, Baker's Bents, Hackney Road—I made inquiries there—I received this bad shilling from Rawlings.
WILLIAM BAKER . I am barman at the Chichester Arms public-house, Lower Road, Deptford—on 15th June the prisoner came in about 20 minutes to 8 p.m. with another man, who called for half of mild and bitter, price 1 1/2 d., and put down a florin—I gave him the change—the prisoner then called for half of stout and mild, price 1 1/2 d., and paid with a florin, which I tried with my teeth and found bad—I then tried the first florin and found it was bad too—I called the landlord and went round to the door where the prisoner was; the other man had gone out before the prisoner ordered drink—while I was at the door the prisoner jumped over the partition between the two compartments, 6 feet 3 inches high, and ran away through the door on that side—I followed and overtook him, and said "Have you anymore bad money about you?"—he said "I have only got a shilling"—I said "Show me that"—he gave it to me, it was good; I gave him change—I afterwards gave him in custody with the two florins.
Cross-examined by the Prisoner. You came in with the other man, you did not speak to him.
THOMAS REED (Policeman M 413). I took the prisoner and searched him outside the Chichester Arms just after I took him—I found no money on him—nothing was said to him about the other man in my presence, but when I asked him what he had to say he said "It wasn't me, it was the man that stood alongside of me"—I received these two counterfeit coins from Baker—the prisoner was very violent and said he should not go to the station, and threw me four times—I conveyed him to the station, where he gave his name as Henry Stroud; he gave no address, but said he was a costermonger.
JOHN HICKEY (Re-examined). The case of 20th February was mentioned to the Magistrate in May, but he said only the one coin was found on him he must give the prisoner the benefit of it—in the first case the inspector let the prisoner go when he paid voluntarily with good money for the articles.
GUILTY.**— Two Years' Hard Labour, the last week in solitary confinement.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
EVELYN CLARA HOOPER . I live with my father at Eversfield Grove Park—about 6.30 p.m. on 28th May I was out for a walk with Miss Jones and went into an unoccupied house which was to let, near Grove Park Station—before doing so we saw the prisoner, but did not notice him; I had not seen him before, to my knowledge—while we were on the ground floor of the house the prisoner came in—we went upstairs, and he came up into the room we were in and asked what right we had in the house—we said that the house was to let, and we thought it belonged to Mr. Pound, and that we were sure he would have no objection to our seeing it—he said he was Mr. Pound's clerk, and had orders that if any one came in the house he was to keep them till Mr. Pound could be sent for—I gave him my stepfather's name, Mr. Adelard, and
said we were well known in Grove Park, and I was sure Mr. Found would not mind our seeing the house—the prisoner said we must come up with him into the rooms, to show we had been doing no harm—we said we had not done anything to the rooms; we could not do anything to them, there was nothing in them—he said we must go with him into the rooms, and I said we would—upstairs there was a room with a cupboard—when we got upstairs he said "Now that I have seen you have not hurt the rooms I am to keep you here till Mr. Found comes"—I said we would come downstairs and wait till he fetched Mr. Pound—he said it would not do, he must lock us into the rooms, and he said Miss Jones must be locked into one room and I into another—I said "Why not both in the same room?"—he wanted me to go into a cupboard; it was so dirty I did not want to—he said if we did not go in he would force us in—I asked if we could not wait in the bedroom till they came—he said no, and he said that one or other must go upstairs—he pushed me into the cupboard and looked the door, and said Miss Jones was going with him to fetch Mr. Pound—I asked him to fetch Mr. Pound it once—he took Miss Jones away directly he had locked the door; I heard her screaming as if she were being dragged down-stairs, the screams came from downstairs—I heard a crash of glass and I heard Miss Jones ask him not to hurt her, and saying she would not say anything if he would let her go, begging him not to hurt us—after that there was quiet, then the prisoner came upstairs and unlocked the door and stood with his back to it—I said "Has Miss Jones gone to fetch Mr. Pound?"—he said "Yes;" they would not be long—he then asked if I would let him tie my hands; I said "Certainly not"—I asked him if Mr. Pound was coming, he said "Yes"—he promised if I would let him tie my hands he would let me come downstairs and wait in the hall for Mr. Pound—I said I would let him, and he tied my hands with a piece of string in front—I wanted to go downstairs and walked to the door; he would not let me go out—I said he had promised to let me go—then he began pulling the silk handkerchief at my throat—I broke the string and began to cry and scream—I asked him if it was my money he wanted; he asked me now much I had in my purse, I said 0s. or so; he said it was scarcely worth taking—about this time I heard somebody coming, I tried to get by him, he flung me from the door and would not let me pose—then he wanted to tie my hands again; he wanted to see if my boots had laces in them, I said no; he took the lace out of his own boot and tied my hands behind my back—I resisted as much as I could, and called out and tried to pass him; he flung me against the wall and knocked my head against the wall, and then flung me on the floor and put his hand on my mouth, and I thought he was going to stifle me—before that he had taken my silk handkerchief from round my neck and tied it over my mouth to prevent my screaming—I gave a scream, struggled, and broke the boot-lace over my hands—then he asked for my puree and I gave it to him—he could not get the gold out, and I took it out and threw it on the floor and told him to pick it up, as I thought I might then get past him; he would not move from the door—there was a sovereign and a half and some silver—he said I must pick up the money—at first I would not, and then he said he would force me to go on my knees and pick it up, and I then picked up the money and gave it to him—I then thought I heard some one downstairs, I screamed and tried to get to the
door again—he said he would murder me if I made such a noise—the handkerchief was tied round my mouth and I got it down lower afterwards—he said he would kiss me, and then perhaps he would let me go; he did kiss me, and then he pushed me out at the door to go downstairs—I ran down as fast as I could; when I got down there was no one there; I broke the glass of the hall door with my hands, and then he got Miss Jones out from somewhere—he thought some one was coming, and she came running down to me, and I took her by the hand and we ran out—the prisoner unlocked the doors, and as we ran down the road I think he ran in the opposite direction, towards Bromley—I gave information to Alfred Pearce, who went after him—later in the evening I saw the prisoner in a cab; he was brought to the station and I identified him immediately and charged him—these are my silk handkerchief, purse, and glove; the last is torn and dirty and has some blood on it.
FLORENCE ETHEL JONES . I live at Craythorne, Grove Park, near Lee and am 13 years old—on 28th May I went with Miss Hooper into this empty house—after we had gone upstairs to the second floor the prisoner dragged me down to the next floor and into the w.c, where he struggled with me, tried to stifle me, and banged my head against the window, which was broken in the struggle—I screamed out; he tied my hands—he locked me in and left me, and after some time he came and let me out and I went downstairs and came out with Miss Hooper, and we gave the alarm—I don't remember if her hands were tied—I was also locked up in a cupboard.
Cross-examined. You threw me back and my head went through the window.
ALFRED PEARCE . I am potman at the Baring Hotel, Grove Park—on the evening of 28th May I saw Miss Hooper and Miss Jones running down from this empty house—this silk handkerchief was tightly tied round Miss Hooper's neck; I cut it—Miss Jones's hands were tied; I undid the string—I saw running up the hill towards Bromley a person who I say was the prisoner as nearly as I can identify him—the girls statement to me regarding him.
JOHN BROOKER . I live at 1, Grove Park Terrace, Lee—on the evening of 28th May, a little before 7 o'clock, I was called out of my house—I saw a number of people standing about—I afterwards saw the prisoner in the road, he was out of breath, running—I went up to him, took him by the arm, and told him he was the man I wanted—he wanted to know if he had done anything wrong, I said I was afraid he had—I took him towards Grove Park and met a cab with Mr. Jones in it, and we took the prisoner to Grove Park in the cab, and the Misses Hooper and Jones identified him.
----BURNEY (Police Sergeant R). I was at Lee Road Station when the prisoner was brought there on the 28th—he made no reply to the charge—he had no laces in his boots—five minutes after he was brought in he was searched, and this purse containing a sovereign and sixpence was found on him—immediately by where he was standing there was a cupboard which is usually open—the station at the time was nearly full of people—Mr. Jones asked him what he had done with Miss Hooper's purse—he said he had thrown it away, in a field near Grove Park, I believe.
Station on 30th May, and when looking over the cupboard in the station I found Miss Hooper's purse, containing a sovereign and three shillings and three postage stamps.
WILLIAM TUCKER (Policeman R 370). I went to this unoccupied house on the evening of 28th May—I went upstairs—I found a cupboard there and marks of a struggle in and near it, bootmarks—in the w.c. on the first floor a window had been broken—the glass of the hall door was smashed from inside and there was blood on the floor—I noticed a boot lace in the cupboard, and in the w.c. I found this hair-bow, and outside the box-room this glove, and a hook and eye from off a dress.
The prisoner in hit defence stated that Miss Hooper offered him the purse or he should not have taken it; he denied having thrown her down, or knocked Miss Jones's head through the window, and he contended that the fact of hit letting them out of the house at the same time as himself proved his innocence.
GUILTY .—(There were other indictments against the prisoner.)— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. BODKIN Prosecuted.
JAMES PICKLES (Policeman M 409). About 5.15 on the morning of 18th June I was on duty in Amelia Place, Tooley Street, and saw the prisoner with a bundle of linen under his arm, some more boys were with him—when they saw me they ran away—when I was within about two yards of the prisoner he dropped the things which I produce—I ran after him and caught him—I asked him what he was doing with those things—he said he knew nothing about them.
THOMAS SALTER . I live at 128, Snow's Fields—the articles produced re mine—on 12th June they were safe in my house on the window-board of the shop—about 10 next morning the prisoner's mother came to me, and in consequence of what she said I missed the things—a pane of glass in the window had been broken, and the things could then be reached—they are worth about 4s.
Prisoner's Defence. I was with some boys; I don't know where they got the things.
GUILTY.— Judgment Respited.
MR. HIGGINGS Prosecuted.
with a silver fusee-box in the pocket, and an umbrella from the hall—I found the window partially open, which was closed over night, and the Venetian blind partly up—the birdcage was suspended in the window by a chain—it had been raining, and I saw footmarks on the window-cill—this is the canary (produced)—I can identify it—on 11th June I saw the prisoner at the station.
Cross-examined by the Prisoner. I simply know the bird from its song, I should know it from a thousand, and I have two witnesses who can recognise it, who had it from January to June while I was abroad—it was found in another cage, and when I put it in its own cage, it recognized it at once.
By the COURT. It was quite at home in its own cage—my cage was found in the duet-bin, and the bird was gone.
SARAH BROWNING . I am the wife of George Browning of 18, Leeds Road, Peckham—the prisoner lodged with us—he brought the bird there on 28th May and asked me to take care of it; he said that he had bought it—I kept it till June 11th.
CHARLES ROBINSON (Detective P). I have had the prisoner under my observation for some time—on Friday morning, 11th. June, I received information that he had brought a canary home—I went to Mrs. Browning's and saw it, and from what she said Mr. Finlay went there to see it and identified it—I waited there till the prisoner came home, and told him there had been a robbery at 173, Camden Grove North, and the date, and named the articles stolen, and among them a canary which had been identified in his apartments, and I should take him in custody for breaking into the house and stealing the property—he said, "I know nothing about it"—I said, "But you have the bird here"—he said, "That bird I bought a fortnight ago in East Lane, Walworth, and gave 3s. for it"—I searched and found 14 pawn tickets—he was taken to the station and searched; he said nothing.
Cross-examined. The pawn tickets do not belong to you.
Prisoner's Defence. How can the gentleman recognise the bird by its singing or by the colour?—there are so many canaries alike.
NOT GUILTY .
MR. HIGGINS Prosecuted.
HENRY LEE . I live at 110, Stockwell Park Road—on May 20th I went to bed at a little after 11 o'clock; all the doors and windows were fastened—next morning I found the buck kitchen door open and marks round the catch—I missed two pairs of boots and three coats—I found the table strewed with workboxes and ornaments—I afterwards saw the three coats at a pawnbroker's.
WALTER VAGG (Police Sergeant). On May 20th I went with Inspector Frazer to 110, Stock well Park Road—a window blind had been removed from outside the window, and there were marks' on the brass catch, which appeared to have been pushed back by some instrument—the window was open, and the inside shutter and the back door slightly open—I found some workboxes broken open—on 19th June, when the prisoner
was at Lambeth Police-court, in custody on the last case, I told him he would also be charged with this housebreaking; he made no reply.
Cross-examined by the Prisoner. These are the same coats; I had no others.
The prisoner in his statement before the Magistrate and in his defence asserted that the coats produced were not those which he gave to Mrs. Burke to pawn.
GUILTY.**— Eighteen Months' Hard Labour.
757. EDWARD WALKER, Unlawfully and fraudulently applying to his own use 15s., 1l. 10s., and other sums, the property of a Registered Industrial Society of which he was a member, and for making false entries in certain savings bank books.
MR. TICKELL Prosecuted; MR. H. ARVORY Defended.
WILLIAM ALLAN . I am secretary of the Brixton Incorporated Industrial Society, Limited—I produce the Articles of Incorporation signed by the Registrar—the Welfield branch is at Streatham—there is a savings bank department e-t each branch, and also a storekeeper, and a member of the Committee visits the bank every Saturday, for which he receives 10s. a quarter—the defendant was appointed for that duty at the Welfield branch; he has been there about three years—he visited the branch every Saturday to receive deposits and pay depositors who wished to with-draw—if the deposits exceed the withdrawals he pays the balance to the storekeeper immediately the bank is closed, and if the withdrawals exceed the deposits, he gets the money from the storekeeper, and it is his duty to enter the sums deposited or withdrawn, in the day book—each member has a deposit book like this (produced), and when he withdraws any sum the amount is entered in it, and the amount ought to tally with the day book which he signs as having withdrawn—each deposit book has a number which is entered in the books—I find by the day book of 10th April, 1886, that 1l. 15s. was drawn by H. Edgington, who has signed it—the 1l. seems clear enough, but the 15s. seems to have been entered afterwards; there are two dots, and the 15s. seems to have been entered over them—this (produced) is Mr. Edgington's book; it is No. 164, and on 10th April I find, in the prisoner's writing, to the best of my belief; 1l. only withdrawn—on February 6th, 1886, by the daybook Ernest Wilson, book 141, has withdrawn 1l. 15s.; it is signed "E. Neale," and by Wilson's deposit book I find only 5s. withdrawn—on 19th December, 1885, Ada King is entered as drawing out 1l. 2s. 6d.; it is signed "H. King," and her deposit book only shows 2s. 6d. drawn out—to the best of my belief the entries are the defendant's writing, and it was his duty to make them—on 30th May, 1885, Clara Wheeler withdrew 1l. 15s. 8d. by the day book, which is signed "Clara Wheeler," and there is no money withdrawn by the deposit book—she only had 5s. 9d. at that date, and could only withdraw that sum—on June 17th George Panting is entered in the day book as withdrawing 1l. on 27th June, 1885, but by his deposit book he withdrew nothing—on 15th August, 1885, H.
King withdrew 1l. 2s. 5d. by the day book, and by his book he only withdraw 2s. 5d.—on 20th March, 1886, I find by the day book 3l. 16s. 6d. withdrawn by F. Waterman, but no money is marked in his book as withdrawn—the amounts are posted in the ledger afterwards under each customer's name—I find by the ledger of January 3rd, 1883, that the books tallied at that time; the balance in hand was 54l. 9s. 2 1/2 d.—the deposits up to March amounted to 186l. 17s. 2d., which with 12l. added for interest amounts to 253l. 6s. 4d., including the 54l. 9s. 2 1/2 d.—the withdrawals in January, 1883, amount to 314l. 13s. 9d., and that shows a deficiency of 61l. 17s. 5d., and that is assuming that all the amounts have been withdrawn by every depositor; but the money in hand belonging to depositors in the ledger is 95l. 16s. 3 1/2 d., the total deficiency being 157l. 3s. 8 1/2 d.
Cross-examined. The defendant was one of 12 Committeemen—we endeavour to get three from each branch living in the district—the Committee are elected by the members quarterly—sometimes the Committeemen relieve each other, but at Welfield Road the defendant has done it alone, except in case of sickness or holiday—if he found it difficult to attend he could ask a brother Committeeman to attend for him—groceries and so on are sold at the Welfield Road branch—it is an ordinary branch, open every day, and the storekeeper renders an account of the stock to the head office on Thursdays; our weeks end on Wednesday—no money is sent down from the head office for the banking business, the money in the shop is used for that purpose—money deposited on Saturday night ought to come into his account on Wednesday—the bank is only open from 7 to 9 on Saturdays—if the prisoner had to pay any money before he had taken any, he would apply to the storekeeper, and sometimes he sends the member to the storekeeper instead of going himself, and the money would not pass through his hands—the day-book is left with the storekeeper on Saturday night after it is totalled up—the committeeman keeps a ledger, which ought to be balanced quarterly and sent to the head office at the end of the quarter—there are also balance-sheets and reports every three months, and the accounts are audited—if the day-book vas left with the storekeeper on Saturday night, and the committeeman had got his ledger at home, it would be his duty to take the day-book and make up the ledge from it—he was not obliged to leave it with the storekeeper, but that was the practice at Brixton—I sign the day-book once a week, but only that the addition is correct, I cannot tell whether the amounts have been withdrawn or not—I did not observe that in Edgington's case the 15s. was written afterwards—it is the practice of the committeeman who pays a member to put his initials to the book, and in many cases I find the defendant's initials—there are no initials to the withdrawal book—on 6th February, in Wilson's book, 5s. is withdrawn, and it is signed "E. Neale," but there are no initials—I do not think there are any initials in the depositors' books; he does not seem to sign withdrawals, only receipts—here is G. Panting's signature in the day-book for 1l., withdrawn on 27th June, although there is no entry in the depositors' book, and the same in Saunders's case—this (produced) is the defendant's book; he was a depositor himself, or it may be one of his children, as this is F. Walker's book—I cannot say whose figures these are in the day-book, but they seem the same as the other entries—I will not say
that these figures on 23rd January are not the storekeeper's; I do not think they are, but it is difficult to swear to figures—I do not pretend to distinguish between the three committeemen—to the best of my knowledge the prisoner was absent two or three weeks at the beginning of the year, and there was nothing wrong with the accounts—Frank Walker's book is made up, showing only a balance of 4d.—the deposit book has never been made up, it does not show that the amount has been withdrawn—I find in the day-book of 23rd June 4s. withdrawn and no signature; that was when the prisoner was absent—if he wanted to be dishonest in making up the ledger there is no reason why he should not have copied the depositor's book—he was a letter-carrier when he joined the Society, and has been ever since—I know nothing against his character—only three cases were brought against him before the Magistrate.
Re-examined. Three committeemen were appointed to the branch, but the defendant did the work himself except when he was ill—the figures in this day-book are in his writing, except one or two weeks when he was away—he did not send in the ledger every quarter; I first obtained it this year in the middle of February, and then I had not seen it for three quarters; if I had had it before I might have noticed the discrepancies—the whole of the totals would have been taken out and compared, but it was impossible to do that in the middle of a quarter—in the cases enumerated the total of withdrawals exceeds as a rule the total of deposits—there is no entry of the 4s. in his child's book, but 4s. is entered in the day-book without a signature; it does not appear who withdrew it.
By the COURT. I called his attention to the discrepancies, and wrote to him asking him to come to a special meeting of the committee to explain, and when he was before the committee he said that he could not account for them, the books had left his hands, and he could not say whether they had been tampered with—they left his hands every week.
LOUSA WHEELER . My sister Clara is a member of this Society—I did not withdraw any money on 30th May—this "Clara Wheeler" in this deposit-book, No. 228, is very much like my writing; 1l. 15s. 8d. is put against it—I am not sure that I signed it—the largest sum I ever withdrew was 4s.
Cross-examined. Rose Wheeler is also my sister; I have drawn money for her—I do not remember signing this book at all—I did not sign my name there when there were any figures at the side.
F. WATERMAN. On 20th March, 1886, I drew out of this bank
2l. 16s. 6d., for which I signed; not 3l. 16s. 6d., as appears by this book.
Cross-examined. I signed this book—it was not entered in my deposit-book, because when the whole account is drawn the book is left, and you pay a penny for it.
Re-examined. By withdrawing 2l. 16s. 6d. I closed my account—I could not draw any more; I drew 2l. 16s. 4d., leaving a penny for the stamp and a penny for the book.
THOMAS HENRY PRESTON . I keep the Welfield Road Branch—when the defendant attended at the stores I paid him or received from him the balance shown in the day-book—I keep a rough account of the money I advanced, and looked at his book and saw that it was correct—if he had money to pay I received it, if he wanted money I credited it in the books—the totals in the books are correct as far as I am aware.
Cross-examined. I have been storekeeper since July—we sell grocery and provisions, china, glass, and boots—I have no one to assist me but the boy Panting—Saturday night is a very busy night; all the members come to make their purchases, and the committeemen come to do the business in a small room—most of the people who attended at the savings bank do business in the shop as well—the committeeman sometimes sends people to me to get money, but he more often comes himself—he sometimes calls out to me to give them 10s.—if any one wanted to withdraw 1l., and he had not got it, he would send them to me, and I should take it from the till—the defendant always left at 8 o'clock on Saturday, but the bank is supposed to be open till 9—I should not give any one money who wanted to withdraw it if they came after he left; they would have to go without it—when I gave the defendant money it was on the understanding that I should see it in the bank-book—I did not give him at the end of the day, a receipt for the amount I had received from him—the book was not always cast up before he left on Saturday night, he used to lock it up and come on Monday morning—he did not hand the money to me when he left unless he had made the book up; I will not swear that that never took place—these figures of 23rd June are all mine—somebody withdrew 4s. on that night for which I got no signature; that was the defendant's little boy—he brought his deposit-book with him—I did not enter it in the book, because his father attended at the bank, and I thought I would leave it to him; he was ill at the time—I entered this amount in Mr. Cooper's book—here are also some of my figures on 30th January—on one Saturday night when the defendant was ill Mr. Short came; I do not remember Mr. Dickinson coming until the defendant discontinued—Mr. Dickinson and Mr. Short have not attended there since last July—this entry of 10th April of 2l. 5s. 6d. is in my figures.
Re-examined. I advanced him money to pay for the withdrawals, and at the end of the day he looks at the book to see if it is accounted for—the total amount of withdrawals on 10th April was 2l. 5s. 6d. and the deposits 1l. 2s. 6d.
By the JURY. When I advanced money it was not to be paid back to me, the bank owed me that money—I included on Wednesday the savings bank account in my general accounts for the week; it would appear as money advanced to Mr. Walker, 1l. 2s. 6d.—this (produced) is the weekly statement sent to me.
WILLIAM ALLAN (Re-examined). The books show a deficiency of 61l. 7s. 5d.; that is the difference between the receipts and the expenditure of the savings bank for the time specified—I have made a statement showing the balances, and the whole of the receipts, week by week, making a grand total—I did not pay the storekeeper the 61l. 7s. 5d.; the Society paid the money back—the storekeeper only accounted for the difference between his receipts and expenditure, or the balance between the two—the book was locked up on Saturday night in the defendant's safe; the ordinary course was to do as I have said, but the extraordinary course was that he locked it up.
GUILTY .— Twelve Months' Hard Labour.
Before Mr. Justice Day.
758. JOHN HIGGINS (25) PLEADED GUITY to sending a letter to John and Eliza Skinner; threatening to murder Celia Skinner; also another indictment for sending another letter to the same effect.— Discharged on recognisances to come up for judgment when called on.
Before Mr. Common Serjeant.
MR. WOODGATE Prosecuted
CHARLES BROOKS . I am a fruiterer and greengrocer of 2, The Square, Richmond—the prisoner was in my employ and took out goods to sell them—I own the business and my father assists me—it was the prisoner's duty to enter all he sold in the day book and take the money, and when he comes home he shows my father how much he has received in the day book, and hands it to him—these books are in his writing—sometimes my sister acts for me—I allow him some discretion as to the price he sells at.
By the COURT. He received 6s. a week wages and board, lodging, and washing—I allowed him no commission on his sales.
Cross-examined by the Prisoner. You went round with a cart—I always gave you a list of what you had got to make of these goods—you had power to take less than that price—if you sold over the price you had to bring it all home to me, the profit was mine—I know nothing about my solicitor saying that if you would come back to me I would not say anything about the charge.
Re-examined. Whatever price he sold at it was his duty to book, if he brought home less than he booked he would be keeping money that belonged to me—he had to book a certain amount, and whatever he brought home should have corresponded with that.
ALFBERT CRANLEIGH . I am a fruiterer and greengrocer of Richmond Road, Kingston—I bought from the prosecutor every day—on 25th January I bought from the prisoner lemons, for which I paid him 3s. 6d.—he gave me no receipt—three or four days afterwards Mr. Brooks came to my shop—the prisoner said something about making a mistake—I said I gave 3s. 6d. for the lemons, and he brought out a book and showed me
he had only put down a half-crown for them—Brooks asked him what he meant by it, he repeated that it must have been a mistake in some way.
Cross-examined. You have several times sold me cauliflowers.
AMELIA REDFORD . I manage Mr. Hawkins's fruiterer's, florist's, and greengrocer's business at King Street, Twickenham—on 9th June I recollect buying three boxes of cherries of the prisoner for 3s. 9d.—on 11th June I bought cherries and potatoes and several things of him and paid him 2l. 2s. or 2l. 3s., 11s. of that was for cherries.
EDWARD BROOKS . I am manager to my son and superintend all the business—these books are in the prisoner's writing—on 25th January I had a conversation with Mr. Cranleigh about the lemons and then went into the shop and asked the prisoner for his book, he gave it me—Mr. Cranleigh said he paid the prisoner 3s. 6d. for the lemons—I said, "Jack, what do you mean by this? there is only 2s. 6d. entered"—he said, "It is a mistake"—I said, "Did you pay the money in?"—he said, "No"—I said, "Was that a mistake?"—he said, "No"—I said, "Why?"—he stood silent—I said, "You know this is a clear case of embezzlement"—he said, "No, it is not, it is a mistake"—I said, "If you are saucy I will call in a policeman and lock you up; get out of the van; if ever you do this again I will lock you up"—on 9th June I see entered five boxes of cherries, 5s., to Mr. Hawkins—I saw the cart loaded that day; he took out five boxes of that particular kind of cherries—I find no entry of the sale to Jackson of two boxes, 2s. 6d.—on 11th June two packages are entered as sold to Hawkins for 10s., those entries are all in the prisoner's writing.
Cross-examined. I did not stop 1s. out of your wages on 1st January, I stopped it when you embezzled 7s. in March—you could sell things at a lower price when coming home if trade had been bad, and you were never grumbled at for so doing—I discharged you once for embezzlement in March, and you came and asked to be taken on again, and I said no; but you went and cried round my son and he took you on—since this case has been on your conduct has been disgraceful, you have stood outside the shop and made a bad noise with your mouth, even last night you did it.
CATHERINE BROOKS . I am the daughter of the last witness—when the prisoner returned from his daily round he gave me his day book—I received this 5s. of Hawkins on 9th June, I am quite sure it was not 6s. 3d.—on behalf of Gadd I received 4s. 4 1/2 d. for potatoes on the same day, but no money for cherries—on 11th June I received 10s. for cherries—on 25th January I had 2s. 6d., not 3s. 6d.
Cross-examined. I have nothing to do with the prices—I have sometimes found something the matter with your goods—you always made it up if there was anything wrong, but you have not made this up.
By the COURT. I did not pay his wages up to date, I owe him 5s.—I
told him to take his clothes out as soon as he could—he said he should go when he liked, and he abused me and called me an old s—, he shoved me over a bushel of potatoes, my daughter shoved him out and then he challenged me to fight; he afterwards came and annoyed me several times that evening—my son had nothing to do with his dismissal—I only stopped his wages before when he embezzled the 7s.
Cross-examined. We have no clothes of yours.
The prisoner in his defence stated that he had sometimes to sell things below their price and then had to sell others at a higher rate to make up, and he asserted that he had always borne an excellent character.
GUILTY on Second and Third Counts. — Three Months' Hard Labour.
MR. POLAND Prosecuted.
ANNIE LORRYMAN . I live at 29, Willow Street, Bermondsey—on Friday, 14th May, about 10 p.m., I was near a beershop in Alscott Road, Bermondsey, and saw the prisoner next door to a baker's shop; she said, "Will you go and get me a half-quartern of gin and cloves, and I will give you a halfpenny?" and gave me a half-crown—I went into the Alscott Arms and gave the half-crown to the witness Mould; she spoke to me and I went out with a gentleman, but could not see the prisoner—I afterwards saw her in custody and am quite sure she is the woman who gave me the half-crown.
EMMA MOULD . I am the wife of Reuben Mould—on Friday, 14th May, about 10.30, I was in the Alscott Arms', and the last witness came in for a half-quartern of gin and cloves, and gave me a half-crown, which I saw was bad and kept it, and afterwards gave to the constable—my husband went out with the little girl—I am sure it was bad, but cannot identify it now because I found two other bad half-crowns in the till, but I am sure that out of the three bad ones I gave to the constable one was given me by the little girl—these (produced) are the three.
EBENEZER HENRY ROBINS . I assist my uncle, an oilman of 78, Barkworth Road, Bermondsey—on the morning of 5th June that little child (The prisoner's child) came in for some oil, my uncle gave it to her and she put down a half-crown on the counter; I found it was bad and gave it to her back again and sent her for change—she went across to Mr. Payton's shop and came back with him; he put the half-crown on the counter and afterwards it was given to the police and the little girl was detained.
Cross-examined. I sent the little girl for change to make it more certain.
FREDEICK THOMAS PAYTON . I am a grocer of 76, Barkworth Road—about 10 a.m. on this morning that little girl brought me a half-crown which I saw was bad and kept and followed her back into the oil shop—the police were then sent for and it was given to them.
FREDERICK ELLENDER (Policeman M 45). About 10.30 a.m. on 5th June I was on duty in Verney Road, a little street running parallel with the oil shop; Mr. Robins spoke to me and I went to Mr. Payton's, and the half-crown was shown to me, which I found was bad—I did not see the little girl then—from information I obtained I went to 19, Verney Road and knocked at the street door; the prisoner and her little girl came downstairs—I said to the prisoner "Did you send your child out on an errand?"—she said, "I sent her to the oil shop for some oil, I
gave her a half-crown"—I said, "Were you aware it was a bad one?"—she said, "No, my husband gave it me, that is all the money I have got"—I took them to the station, Robins and Payton came there, and she was charged—the Magistrate next morning had the child taken care of, she was removed to Camberwell Workhouse and her mother was detained.
GEORGE EDGELY . I live at 19, Verney Road, Camberwell—the prisoner lodged there about eight weeks, up to June 5th, she went by the name of Mrs. Lawler—she occupied a front room; she lived there with a man as her husband until 2nd June, when he was taken in charge on another matter—the child lived with them there.
Prisoner's Statement before the Magistrate. "I know nothing about the others."
Prisoner's Defence. I only sent my little girl out with the half-crown, if I had known it was bad I should not have sent her. I was at home and in bed with my ribs bad on the 14th May, I had been to the hospital.
GUILTY .— Fifteen Months' Hard Labour.
MR. POLAND Prosecuted.
JOHN EDWARD WHITE . I am a costermonger of Gurney Terrace, Camberwell—on Saturday night, 29th May, I was with my stall in Walworth Road—the prisoner came up and bought two saucers, price 1d., and gave me a florin—I gave him 1s. 6d. and 5d. in bronze change, and he left with the saucers—I put the florin in my pocket, there was no other florin there—after a time I showed it to a man and looked at it again and found it was bad and put it back in my coat pocket—about half an hour after that the prisoner came up with a woman and chose a dish, price 2 1/2 d., and gave me a florin—I knew him again and am sure he is the man—I looked at the coin, found it was bad, got a constable, and gave him in custody with the two coins.
Cross-examined. You stayed there while I fetched a policeman, but I said I was going to get change.
WILLIAM HOOD (Policeman P 335). On Saturday night, 29th May, I was on duty in Walworth Road, near White's stall—White spoke to me, and I went back to the stall with him and saw the prisoner—he said "This man gave me a two-shilling piece bad money, and he has come back with another one, and I wish to give him in charge; "he replied "I will go with him quietly"—at the station he was charged, and he said" My wife must have got both two-shilling pieces; I know all about that, but not about the other one"—I searched him and found on him a sixpence and threepence in bronze—these (produced) are the two florins—he gave me his address at a common lodging-house—they were committed for trial and no bill was found against the woman.
Prisoner's Defence. I never had a bit of bad money in my possession before. If I had known this was bad should I have stayed there?
GUILTY .— Nine Months' Hard Labour.
Before Robert Malcolm Kerry Esq.
MR. WARBURTON Prosecuted.
JOSEPH RICHARD CHAMBERLAIN . I am a physician, of 107, Lavender Street, Battersea—on Friday, 21st May, I was in the post-office on St. John's Hill, and took out my pocket-book to get some postal orders cashed—I don't remember what I did with my book, but when I got home it was gone—I had received five bank-notes in a registered cover—I identify these by the numbers.
Cross-examined. I can't say if I lost the notes or if anybody stole them from me—I did not say I lost them by the Windsor Castle, Old Wandsworth.
Re-examined. The post-office is at Commerce Place, 400 or 500 yards from where I live.
WILLIAM EDWARDS . I am a dairyman, of 125, St. John's Hill—I know the prisoner, he works for a master sweep named Brazier—about 5 or 6 o'clock on 21st May he came and paid me some rent with a 5l. note—I noticed the number on it—I returned it to the police.
WENSLEY POTIER . I manage the Freemasons' Hotel, New Wandsworth, for my father—about 1 or 2 o'clock on the 21st the prisoner gave me a 5l. note to change—I took it to my father—the prisoner wrote his name at the back, "Ernest Callendar"—I gave it to the police.
HENRY GEORGE (Police Sergeant V). On Saturday night, 22nd May, about 8 o'clock, I went to 6, Rough Hill, where I saw the prisoner—I said "I have come to make inquiries about a pocket-book containing four 5l. notes and some memoranda"—he said "My wife told me you were here this morning"—I said "What have you done with them?"—he said "I picked up a pocket-book outside the Windsor Castle public-house; one I changed at Mr. Edwards's, St. John's Hill, and paid my rent, one I changed at 20, Overstein Road, one at Mr. Butler's, St. John's Hill, and one at the Freemasons'"—I said "What have you done with the pocket-book?"—he said "I took it home and tore it up, and it appears some of the children burnt it"—I said "I shall take you into custody"—he said "I am very sorry, but I will pay the money back"—in the house I found a bank-book showing a deposit of 8l. on that date—I found 1l. 8s. in silver, and 4 1/2 d.—I have made inquiries, and find that 8l. was deposited in the bank after I was there making inquiries in the morning—I had then said who I was.
The prisoner in his defence stated that another man picked up the pocket-book and notes, and that he had changed them for him; that he was a master sweep and could not read nor write, and that he did not know he was doing wrong.
cards inside the pocket-book with my name, but with no address—I am not well known in the neighbourhood; many people know me—my certificate of registration was in my pocket-book, but that did not contain my present address.
GUILTY. Recommended to mercy by the Jury on the ground that he did not know the law and that there was strong temptation. — Four Months' Hard Labour.
MR. WARBURTON Prosecuted; MR. BROUN Defended.
LYDIA CLARK . I am the prisoner's wife, and live at 53, York Road, Battersea; he is a carman—at 5 o'clock p.m. on 21st May he came home very much the worse for drink and commenced to quarrel, and ordered me and tried to push me into the kitchen—he said, "If you don't go out I shall do you some injury"—my daughter came in and I left—he gave me a scratch on the arm; it was nothing, I did not require to show it to a doctor—I can use my arm now—I cannot say how I got it, I was so excited; it was done in the struggle—he has been a good, kind husband to me.
Cross-examined. He was blind drunk—there was a struggle between all three of us.
LYDIA CLARK . I am the prisoner's daughter—on 21st May he came home rather the worse for drink—I went into the kitchen and saw him struggling with my mother; she had a slight scratch on her arm, she did not have to see a doctor for it.
NOT GUILTY .
NOT GUILTY .
MR. WARBURTON Prosecuted.
NOT GUILTY .
MESSRS. POLAND and AVORY Prosecuted
ALICE BRETT . I am the wife of Frederick Brett, a fishmonger—the prisoner is my father—my mother has lived apart from him for some time past; for twelve years he has been in prison, and she keeps herself at a stewed eel shop at 49, Snow's Fields—the prisoner works opposite to 49, Snow's Fields, in opposition to my mother's shop—on Wednesday, 9th June, I was in my mother's shop in the afternoon about 4.30 when the prisoner came across and asked to see my mother; I refused him—he asked me if he had ever hurt me—I said that it would never pay him to have hurt me—he said nothing, but he had this knife (produced) under his apron, and he stuck me in the stomach with it—it went through my jacket and stays, and so on—I then held up my hands and had a stab in my wrist—I saw the servant, Elizabeth Chattington, standing at the back of the shop, and he stabbed her the same as he did me—it was almost two years since I had seen or spoken to him.
Cross-examined. I did not put my fingers to my nose and pat my back.
ELIZABETH CHATTINGTON . I am servant to Mrs. Lucas—I saw the prisoner come across the road and heard him ask to see the last witness's mother, she refused; he asked her if he had ever done her any harm—she said "No, it would not pay you"—he said "Would not it?" and drew a knife from his pocket or apron and stabbed her in the side—I rushed at him and caught hold of his arm; he went to stab me in the neck, and I stepped back and the knife struck me in the right breast and made a wound of 2 1/2 inches—I threw him out and he run in and struck me again in the side; I struggled with him and got my arm cut—assistance came and I was taken to the hospital.
JAMES CRITCHFIELD . I am a tobacco pipe manufacturer at 50, Snow's Fields—on 9th June I saw the prisoner speaking to Mrs. Brett at the door of 49, I saw him stab her—the servant rushed between them and he stabbed her; I rushed in and pulled the prisoner away—the girl ran out after he rushed for his daughter the second time—I struggled with him for the knife, knocked it out of his hand, and gave it to Mrs. Brett, and saw her give it to the constable—he was given in custody.
JEREMIAH KELLER (Policeman 219). At a quarter to five on 9th June I went to 49, Snow's Fields, where I saw a crowd round Mrs. Brett, who had this knife in her hand, she gave it to me—I saw blood on her apron—I went after the prisoner and overtook him in Weston Street—I said "Mr. Lucas, I shall take you into custody for stabbing a young woman in Snow's Fields"—he said "All right"—he was sober—the women were afterwards sent to the hospital.
ALFRED ERNEST TAYLOR . I am house surgeon at Guy's Hospital—on 9th June Mrs. Brett was brought in and I examined her—she had two wounds, one on her left wrist incised and about an inch long, quite superficial, and the other an incised wound on the right side of the abdomen, 3/4 inch long and about the same depth; it had cut through all her clothes—I afterwards examined Elizabeth Chattington, she had three wounds, one on her right breast, a vertical incision about 2 1/2 inches long, 1/2 an inch wide, and 2 1/2 inches deep, penetrating outwards and backwards into the breast tissue in a slanting direction; another was in her side, an oblique incision which had penetrated about a quarter of an inch upwards—both those had gone through the clothes—there was also a slight wound on the wrist—Mrs. Brett was only a few days in the hospital—the servant girl was there some time; she is not quite well yet.
----MANNING (Police Inspector). About 12 o'clock on Wednesday, 9th June, the prisoner came to the Bermondsey Police-station, I knew him before by his reporting himself—he asked me what to do, as his daughter was putting her fingers up to him and aggravating him—I said he had better take no notice of it—he said "What if I take the law into my own hands?"—I said he could not do that—he said "Flesh and blood can't stand it"—he was excited but sober.
The Prisoner called—MR. CORBETT. Your daughter put her fingers up to her nose.
Cross-examined. It was about 12 o'clock that same day—she might not have been doing it to me—I did not know when she came up first that she was your daughter.
Prisoner's Defence. They have annoyed me ever since I came home.
He then PLEADED GUILTY to a conviction of felony in February, 1875, at this Court, and since that time he had been bound over at the police-court to keep the peace towards his wife.— Five Years' Penal Servitude.
MR. WARBURTON Prosecuted.
WILLIAM WARNER . I am a grocer at 50a, Trinity Square—about midnight on 14th June, Bank Holiday, I was in High Street, Borough, and saw Williams and Willmott having a scuffle, as I thought—I stopped and said, "Don't fight there; why don't you come to terms? come, have a pot of beer"—we went into a public-house, and I treated them—they then asked me to go to a coffee-stall, which I thought was a coffee-house—we went across to the stall, and Pearson knocked me down—I was then severely knocked about by the other two prisoners—I lost my stick and hat—I had said nothing to provoke them—I did not know them before—I saw a detective take Williams and Willmott—Pearson was not in the public-house with us, but joined us when going across to the coffee-stall—I charged them with stealing my stick and hat.
Cross-examined by Williams. I met you at the corner of Mint Street—you all three hit me after we came from the stall—I was very sore three or four days afterwards.
Cross-examined by Pearson. I said at the police-court I did not see you before I saw you at the station-house, but I was excited at the time—I did not say I gave you a pot of beer—I first saw you at the coffee-stall—I said at the police-court I went into a coffee-house, and that I was there four or five minutes with you—I cannot say which of you took my stick—you were all three together.
The COURT considered that it would not be safe to convict upon the evidence of this witness.
NOT GUILTY .
ADJOURNED TO TUESDAY, AUGUST 3RD, 1886.