CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. TENTH 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.—Tuesday, August 3rd, 1886.
Before Mr. Recorder.
MESSRS. POLAND and CHARLES MATTHEWS Prosecuted.
CECIL GEORGE DOUGLAS . I am chief clerk at the Guildhall Police-court—on 9th March last two men named Daniel Cleary and Dennis Brian were charged with stealing the prisoner's watch—he was duly sworn, and gave his evidence, which I took down in writing and afterwards read it over to him, and he signed it as correct. (This being read alleged that on 8th March, about 11.20 p.m., he was standing opposite the Manchester Hotel looking at a fire when two men (Cleary and Brian) were close to him; that Cleary stole his gold watch worth 20l., and he gave them into custody.) Cleary and Brian were remanded from the 9th to the 16th, and then Brian was discharged, and Cleary was committed for trial.
DANIEL CLEARY . I am a labourer, living at 17, Gifford Street, Kingsland Road—on 8th March I was looking at a fire in Aldersgate Street, and spoke to a man who I afterwards Knew to be Brian about it—we went and spoke to the police there, and afterwards the prisoner came up with two constables, and said "I charge this man with stealing my watch," pointing to me him,—I turned round, faced and said" I know nothing about your watch"—that was the truth; I had not stolen his watch; I had not seen him before he charged me—Brian and I were then taken to Snow Hill Police-station, and the prisoner and another man named Murphy, who he said was a friend of his, went there, and the prisoner charged me with stealing his watch—he said he saw me take it out of his pocket and snap it on his chain—he also said it had been a presentation to him, but I don't recollect who he said it was from—I was
brought to the Guildhall Police-court next day, and the prisoner gave evidence against me—I was then remanded in custody for a week, and then on the 16th I was committed for trial at the April Sessions of this Court—the prisoner again appeared to give evidence against me, but his friend Murphy did not appear—I was convicted and sentenced to twelve months' hard labour—I had previously been convicted of crime—I remained in prison about three months, and was then discharged by an order of the Secretary of State.
ERNEST KIDNER (City Policeman). About 11.30 p.m. on 8th March I was on duty in Aldersgate Street at the fire—the prisoner came up to me and pointing to Cleary and Brian said "These two men have stolen my watch, I wish to give them in custody"—they were walking down the street from the fire—I stopped them, and the prisoner said "I wish to charge these two men with stealing my watch"—Cleary said "I never saw the man before "they were taken to Snow Hill Police-station and searched, but no watch was found on them—the Inspector asked Tranter for particulars about the watch—he said it was a gold watch which had been presented to his father in recognition of long services as manager of a coal mine, and that there was an inscription on the back to that effect; that its worth was 20l., but he valued it much more as it was a souvenir—he was wearing an ordinary chain, which was broken—Murphy gave evidence before the Magistrate, but did not appear at the trial at this Court—Tranter then said he had backed a bill for 15l. for Murphy and that he had absconded with the money.
Cross-examined by the Prisoner. I saw the chain hanging to your waist-coat—I don t know whether the chain was gold.
THOMAS WOOLLETT (City Police Servant). On the night of 8th March I was at the Snow Hill Police-station when Cleary and Brian were brought in, and the prisoner charged them—he said it was a presentation watch—I asked for further directions about it—he said he would try and get them by next day, but I never received them.
SIMON KURTZ (Police Sergeant E). On 22nd April I took the prisoner in custody on another charge—I searched him, and found 11 pawn-tickets upon him dating from 23rd May, 1885, down to 8th April 1886-that is for a ring for 1s. 6d.—there is a ticket for a lever watch pawned on 20th January, 1886, for 10s., and also one on 5th January, 1886 for a silver-gilt watch pawned at Vaughan's in the Strand—there are also tickets for clothing, and on 9th March there is one for 3s. for a rug.
FREDERICK GOSBY . I am assistant to Mr. Vaughan, pawnbroker; in the Strand—I produce a silver watch pawned on 5th January last for 5s. in the name of Tranter—I have seen the ticket in the possession of the sergeant, it is the fellow one to the one I have.
HERBERT AUSTIN . I am a clerk in the Central Criminal Court—on 10th April last, before Cleary's trial, the prisoner came and asked me if he could have expenses for a second journey from Irwin in Glamorgan-shire on account of his father's death, as he had left several young children without anybody to look after them—I said we couldn't allow it, as we had nothing to do with his private affairs—on the 12th he was paid 4l. 13s. 6d. altogether—I did not pay him personally—the usual form was signed by him.
week—I have been so 16 or 17 years—the prisoner is my son—I was never a manager of a colliery—I never had a presentation watch given me for long services as a manager of a colliery with an inscription on the back—I never gave the prisoner a gold watch—I have given him two silver ones.
Cross-examined. You were earning good money, and could have bought a watch value 20l.—you were a steady man—you had scarlet fever about 16 years ago, and since then you have left your work, and no one knows where you have gone to—you were last in employment, before Christmas, as a travellers at Cardiff.
GEORGE TRANTER . I am no relation to the prisoner—I keep the Temperance Hotel, Barbican—the prisoner was lodging there from 24th January until 24th March last, and then left owing me money—I after-wards came to this Court, and when he got his expenses paid he paid me a portion—he told me about this gold watch being stolen; he said his father was dead, and his mother would be sorry at the loss of the watch.
Cross-examined. You generally came in a little before 11 o'clock—you were ill while staying there—you met Murphy there—I don't know that he ran away; he went away and owed me a guinea—you told me you had had a row with him—I didn't see it.
The prisoner in his defence asserted that what he had stated as to the robbery was correct; that he had bought the watch of a Mr. Pocock in Newport; that he came to London, and stayed at the Temperance Hotel, where he met with the man Murphy who was with him when the watch was stolen; and he remarked that it was a curious thing if there was no truth in his story that he should have happened to fix upon two strangers as the thieves, both of whom had been convicted.
GUILTY . It was stated by Inspector Roots that the prisoner had made a similar charge of robbery against an Arab at the Agricultural Hall, which was found to be groundless.— Five Years' Penal Servitude.
MR. GRAIN Prosecuted; MESSRS. EDWARD CLARKE, Q.C., BESLEY, and
Before plea MR. CLERKE applied to quash the indictment. After argument the RECORDER held that the latter Counts were bad. On the first Count MR. GRIAN offered no evidence, and the Jury found the prisoners
NOT GUILTY .
774. FRANK NICHOLSON (17) to stealing whilst employed in the Post Office a post letter containing a postal order for 10s. 6d.— Eighteen Month's Hard Labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, August 3rd, 1886.
Before Mr. Common Serjeant.
MR. CRAUFURD Prosecuted.
KATE CHEESEMAN . I assist my father as confectioner at 2, Lordship Terrace, Battersea—on 31st May, about 11.30 a.m., Gregory came in for a 2d. cigar and gave me a florin—I gave him the change, and as he was leaving I found the florin was bad—I had kept it in my hand—I pointed out Gregory to a constable who was outside and he took him in custody—the florin was marked and handed to the constable, this is it—I gave evidence at Wandsworth the same day—he was remanded till Friday and then discharged.
GEORGE BARNS . On 31st May I was outside Mr. Cheeseman's shop and the last witness pointed out Gregory to me, gave him into my custody, and handed me a florin—he said "I passed a two-shilling piece here, but I was not aware it was bad"—I searched him in the shop and found 7s. 6d. in silver and 1s. 6d. in bronze, good money—he was remanded for a week and the silver was then given up to him—he gave his name, Cyril Gregory, Cooper's Lodging House, King's Cross—there is such a place.
LOUISE GRIFFITHS . I am a widow and keep a confectioner's shop at 11, Queen's Road, Wimbledon—on 17th June, between 7 and 8 p.m., Gregory came in with another man, neither of the other two prisoners—he called for two penny bottles of ginger beer and the other man handed me a half-crown—I said "This is Dad," and asked a lady friend to get a policeman—I got 2d. in payment and the other man asked me to give him the half-crown, but I refused—I spoke to someone outside who followed Gregory and the other man, and afterwards the tall man was brought into the shop—I saw Gregory the same evening at the station and identified him—I gave the half-crown to the prisoner—it was very dull and soft, my teeth sank in it, it was rather weighty, it did not bounce and it had a leaden sound.
BENJAMIN SEXTON (Policeman V 363). On 17th June I was in Alexandra Road, Wimbledon, and a man named Brown, who had chased Gregory, gave him into my custody and said in his presence that he had been trying to pass bad coin in the Queen's Road—I said that I should take him in custody—he said "I did not put the com down"—I said "I shall search you at once"—I did so, and found two shillings, two six-pences, and 1s. 0 1/2 d. in bronze, all good—Mrs. Griffiths came to the station and charged them—they made no answer—Mr. Paget, the Magistrate, discharged them next day without a remand—I handed the half-crown to him through the Usher and did not get it back, I did not see what was done with it.
FREDERICK TILLEY . I am Usher at Wandsworth Police-court—on June 18th Gregory and another man were brought up there before Mr. Paget, for uttering a bad half-crown which Sexton handed to me and I handed it to the Magistrate, who told me to put it in the fire, I did so and it melted very quickly indeed; Mr. Barnard, of the Treasury, afterwards asked for it back—I did not recognise Gregory as the man who had been there on May 21st—it is usual to remand prisoners, but in this case, as the evidence was doubtful, it was not done.
Street, Clerkenwell—on 28th June, about 11.30 p.m., Hartley and Neill came in—Hartley called for half-a-pint of ale and two of port wine, which came to 3 1/2 d., and handed me a bad shilling—I bent it with my teeth and told him it was bad and I could not take it—he asked me to give it back to him and he would give me a good one, and said he got it at the Bell—I gave it back to him and he paid me with a good florin—Neal went out at the door twice, and while he was away I asked Hartley why he gave me the bad shilling—he said that the other young man Neill had given it to him—after Neill came back the second time, and while they were being searched, Gregory came into the opposite compartment and then into the one next to them, and put his hand up and made signs to Neill, and I heard Neill ask Gregory to bring him some breakfast in the morning—the police took Hartley and Neill—Gregory went out, but the police brought him back and I recognized him—this (produced) is the shilling, I know it by the way I bent it and by my teeth marks.
ALEXANDER TUPPER . I keep the Prince of Wales public-house—I saw my wife serve Hartley and Neill—she spoke to me and I watched them and saw Neill go to the door twice—he went half-way out the first time and passed a little paper parcel to Gregory, who was standing outside—I asked Hartley and Neal what they meant by trying to pass bad money—Neill had got it between his teeth and said, "It is a good one," and asked me what I meant—I got over the counter, shut the door, and sent for the police—I saw Gregory inside the house while they were being searched, after Neill had gone to the door a second time—he did not go into the same compartment as Neill and Hartley—I got a constable and gave them in charge—Hartley had been a customer there for two or three weeks.
Cross-examined by Hartley. I never saw you pass any bad coin before.
Re-examined. I have never seen Neill or Gregory in the home before, and never saw Hartley with them.
EDWARD MOYES (Policeman G 169). I was called and Hartley and Neill were given into my custody—I found on him a bad shilling, a shilling, a sixpence, three pence, and some tissue paper, not wrapped round anything—Hartley said, "Neill gave me the shilling to pass, and he said he would stand two drinks if I could pass it"—Neill made no answer; he refused to be searched, but another constable came, and then he allowed us to search him—while doing so I saw Gregory in another compartment making motions to Neill with his hand—Hartley said at the station that it was all a hoax.
Cross-examined by Hartley. I found on you a bad shilling, two sixpences, and 5 1/2 d.
SAMUEL PULLEN (Policeman G 100). I was on duty near Mr. Tupper's house, and after Hartley and Neill were taken in custody and were being taken away in the street I saw Gregory speak to Neill—I asked Gregory what he was doing there—he said, "It is only an old pal of mine; I am going to bring him some breakfast in the morning"—I took Gregory to Mr. Tupper's house, who identified him as the man to whom Neill had handed a parcel—he said he knew nothing about it—I found two good florins on Neill and some bronze; he said that he knew nothing whatever about it.
Hartley in his defence stated that Neill, who owed him a shilling, changed a half-crown at the Bell and gave it to him, and that he put it down at the Prince of Wales and was told that it was bad; and that he did not know Gregory, he was not with him. Neill denied being with Gregory, and stated that he got the money at the Bell. Gregory stated that he did not know the other prisoners, and that he tried to change a florin but did not know that it was bad.
HARTLEY— NOT GUILTY .
NEILL— GUILTY on the first count. — Six Month' Hard Labour.
GREGORY— GUILTY **.— Fifteen Months' Hard Labour.
MESSRS. CRAZUFURD and WILKINSON Prosecuted.
HENRY SMITH . I live at 6, Union Street, Mayfair—one day in July, about 5.30, I met the prisoner in Curzon Street—he said, "Go and get me a loaf down at the market and I will give you a penny"—he gave me a florin; I went to 14, Shepherd Street, where I gave the florin he gave me, and Mr. Heyward went out with me as it was found to be bad—he left me and Mr. Wing, and I found the prisoner and he was given in custody.
Cross-examined by the Prisoner. I said at Marlborough Street that a man with a light coat sent me in.
Re-examined. I am certain the prisoner is the man—he did not give me the penny—this is the coin.
GEORGE WILLIAM HEYWARD . I am a grocer of 14, Shepherd Street, Mayfair—I was in an inner room; between five and six o'clock my wife came to me and showed me a florin—I found it bad, went into the shop, saw Smith there, and went out with him and Wing—I gave the coin to Wing—this is it; here is my mark on it.
WILLIAM JAMES WING . I am a porter at Mr. Heyward's—on 10th July, between five and six o'clock, I saw Smith in the shop and went out with him and Mr. Hay ward, who handed me the coin and went back—Smith pointed out the prisoner to me at the corner of Duke Street, Grosvenor Square, half or three-quarters of an hour afterwards, and I gave him in custody with the coin—he said, "You must have made a mistake"—that was about half a mile from Shepherd Street.
Cross-examined. When I came up a constable had hold of your arm, and I charged you—I went to school with you at St. George's, Hanover Square, but I have not seen much of you since—I went on before the boy and recognised you in Chesterfield Street before he saw you.
Re-examined. He was not in charge when I first saw him—I saw the constable beforehand and gave him a description, and he went one way and I the other—the constable never touched him till I gave him in charge—the boy said, "There is the man standing at the corner"—I said, "Yes, go and fetch a constable and I will watch him"—the boy was not with the prisoner when I saw the prisoner at Chesterfield Street.
FRANK KENNY (Policeman D 316). On 10th July, about 6 p.m., Wing gave me information and pointed to the prisoner at the corner of Duke Street—I stopped him and Wing gave him in custody—the boy was following me a few yards behind—I asked him if that was the man; he
said, "Yes"—the prisoner said, "You have made a mistake"—I took him to the station; he was asked his name and said, "I don't know that I will give it"—I said, "You might as well give it"—he said, "Charles Cruder"—I said, "What is your address?"—he said, "I shan't give it"—I produce the florin Wing gave me.
Cross-examined. Smith fetched me and followed three yards behind me—I asked him if that was the man, he said "Yes"—Wing was with me, and could hear that.
Prisoner's Defence. I was coming down Grosvenor Square, and was given in charge. Wing has put the words into the boy's mouth. I am perfectly innocent.
NOT GUILTY .
FOURTH COURT.—Tuesday, August 3rd, 1886.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD and WILKINSON Prosecuted.
GEORGE FRWDERICK WOLLRD . I am manager to Stamp and Page, cheesemongers, at 13, Foubert's Place—on 24th June a boy whom I, cannot find came in about 9 p.m. for a quarter of a pound of shilling butter, and handed me a florin—I gave him the butter and change—as he went out of the door I found the florin was bad—I followed him out and saw him give the change to the prisoner, who was standing about 40 yards off, in the centre of the way—I followed the prisoner with the intention of giving him into custody, but saw no constable, and lost sight of him—about 10 o'clock the same evening I saw the prisoner in a public-house, but did not give him in charge—I saw him on several occasions—I was afterwards taken to the station, and picked him out from others—I marked the florin and gave it to Inspector Clark; this is it—I saw Owen in company with the prisoner the same night, and afterwards saw him in custody at the police-station.
CHARLOTTE LORRIMAN . I am the wife of John Lorriman, a watchmaker and jewelers, at 87, Davies Street, St. George's—on 8th July a little boy about six years old, named Tolley, came in between 3 and 4 o'clock for some soap, and put down a florin, which I put in a case where there were no other florins—some time after the boys father came back with him and bringing the soap and the change I had given—I then found the coin was bad—I afterwards gave it to the police.
JAMES TOLLEY . I am manager to a job master in Davies Mews—I have a little boy six years old—on 8th July, about 3 p.m., I saw the prisoner in Davies Mews with two other young fellows about his own height or a little taller, one of whom, Owen, I afterwards saw at Marl-brought Street Police-court—two went down the mews and, one went down Buck Street and down Avory Road and through Grosvenor Street, and then
stood at the corner—I did not see him near the Lorrimans' shop at all—my little boy came home from school about a quarter past 4—shortly afterwards he came to me with soap and 1s. 10d. change in his hand; he was crying—in consequence of what he said I went to Mrs. Lorriman with him and the soap and change—she produced a bad florin—I saw the prisoner the following evening at Marlborough Street, and identified him from seven or eight others—I afterwards at the Court saw one of the lads I had seen with the prisoner on 8th July.
RICHARD HOWELL (Detective C). On 8th July I was in the police-station when the prisoner was brought in—Mr. Tolley's son came to the police-station with his father and picked out the prisoner from six others of about the same size and build; he said "That is the boy that gave me the money."
WILLIAM ELLIS JONES . I lived in Gees Court on 8th July, and had known the prisoner about a week—he lived in lodgings opposite me—he then gave me a bad florin in South Moulton Street for me to go to the Globe and ask for a quarter of rum—it was about 11 p.m.—he pitched it up before giving it to me and said "You may be sure it is a good one—I saw the postman outside the Globe, and asked him if it was a bad one—I thought it was bad by the way he had tossed it up—the postman told me it was bad—I told him I wanted to go to a policeman, would he come with me—we went to look for a policeman, the prisoner ran away—I saw him the night after and asked him to come for a walk; he ran down South Moulton Lane, and I ran down South Moulton Street and pointed him out to a constable, who took him into custody—the potman gave the coin to a policeman, this is it.
EDWARD JAMES MOSCALL . I am potman at the Globe public-house, in South Moulton Street—on the night of 8th July J saw Jones outside the Globe; he spoke to me and showed me a coin—I went with him and found Tuckwell, and handed the coin to him; this is it.
ISAAC TUCKWELL (Policeman C 59). I received information from the last witness and Jones together with this florin on the 8th—on the 9th, about 7 p.m., I saw the prisoner in South Moulton Lane; Jones and Moscall had described him—I told him I wanted him for uttering counter-feit coin to Mrs. Lorriman—he said "All right, why don't you catch the others as well?"—I took him to the station, searched and found good money on him and two pawn-tickets—the boy Tolley picked him Out from others—I also received a florin from Mr. Woollard.
GUILTY.— Judgment respited.
MESSRS. CRAWFURD and WILKINSON Prosecuted.
GEORGE WILLIAM TWYFORD . I live at the Spotted Dog, Willesden—on 17th June the prisoner came in about half-past 4 o'clock for two threes of whisky, and gave me a half-crown, which I put in the till, where there was no other half-crown, giving him change—he took the whisky outside—he afterwards came back for half a pint of beer for himself—in the mean' time I had gone to the till for change, and had then noticed the half-crown was Dad—I said to him "Hulloa, this is a bad half-crown you have given me"—he said "I don't think it is, can you prove it?"—I
tried it in my teeth, it tasted gritty—I left it on the counter, the prisoner picked it up and looked at it himself and said "I know where I got this from, I will take it back and get it changed"—I said "If you know where you got it from you can have it," and I gave it back to him—there were also in the bar a man for whom I went to get change and the man who had the whisky and had brought the glass back—I can't say if he went out with the prisoner.
THOMAS JOHN COLLINS . I live at Vicarage Road, Willesden, and keep a grocer's shop—on the 17th June the prisoner came to my shop between half-past 4 and 5 and asked for half a pound of biscuits, which came to 2d.—my assistant served; I stood by—he gave this half-crown, which I saw—my assistant weighed it, and said it was not good—he passed it to me—I rung it on the counter, and the moment it fell down the prisoner picked it up and said "Don't it weigh, try this," giving me a florin.
WILLIAM SMALL . I lived at 4, London Terrace, Neasdon, Willesden, where my mother kept a grocer's shop—on 17th June the prisoner came in about half-past 5 or 6 for some bread, price 2d.—I served him—he put down a half-crown, which I took to my mother to change—she had not it, and I went to Mr. Stokes, a neighbour, for it—I gave him the half-crown—he bent it between the cracks of the boards, and said it was bad—I went back with it to my mother's shop; the prisoner was still there—I told him it was bad—he said he would take it to his master—this is it—he did not have the bread nor the change.
ELIZA SAMALL . I keep a grocer's shop at 4, London Terrace—on the day my son brought me this half-crown to change, and I sent him out to change it—he afterwards came back and showed me the same coin—when the prisoner was told it was bad, he only asked for it back—I did not give it to him—he left the shop, and shortly after Chapman, the constable, came in, and I gave him the half-crown, and made a communication to him about the prisoner—Chapman afterwards came back to my shop, bringing the prisoner with him.
GEORGE STOKES . I live at 7, London Terrace, Neasdon, and keep a greengrocer's shop—on 17th June Small came to me for change for this half-crown, which I bent in a tester, and found was bad, and gave it to him back.
FRANK CHAPMAN (Policeman X 236). On 17th June, in consequence of information, I went to Mrs. Small's, who made a communication to me about the prisoner—I went in search of him, and found him concealing himself behind a hedge about a mile from Mrs. Small's shop—as soon as he saw me at the end of the field he got up and ran away about 1 1/2 mile—he was stopped, and I took him into custody, and said "You are the man I have been running after, trying to pass this bad half-crown"—he said "Yes, I know I am"—I asked him where the other man was—he said "I don't know; he gave me the half-crown to pass"—I took him to London Terrace, where he was identified—at the station he was charged, and said "I tried to pass it at three places, the Spotted Dog, the place where I bought the biscuits, and the place you found me at"—I searched and found on him good money—this is the half-crown I received from Mrs. Small.
The prisoner in hit defences stated that he had come up from the country to
work for a short time in London, and that he had never had any bad money before, and did not know this was bad.
GUILTY .— Six Months' Hard Labour.
MR. WILKINSON Prosecuted.
GASPAR CLARK . I live at 104, High Street, St. John's Wood, a butcher's shop, kept by my brother—on 1st July the prisoner came in for fourpenny worth of steak and offered a florin, which I told him was bad—he said he did not know it was bad, he had taken it at 158, Alexandra Road, I think he said in selling his goods as a costermonger, and if I would give him the pieces he would take it back—I broke the coin in the tester, and gave the pieces to the prisoner—he gave me a good florin, and I gave him change—I next saw the prisoner about a fortnight ago at Marylebone Police-court, where I picked him out from other men—I have no doubt about him.
HARRIET MOORE . My husband keeps a butcher's shop at 50, Henry Street, St. John's Wood—on 16th July the prisoner came in for four-penny worth of steak, and gave me a bad florin—I said "This is a bad one, where did you get it from?"—he said "From Covent Garden Market"—I gave it him back—he took out another coin and said "This is a good one, Miss"—he went out of the shop, and my husband followed him—I next saw him at the police-station—he said "Don't lock me up, lady; I will never do it again"
WILLIAM LEONARD (Constable S). On 16th July, in consequence of information received, I went in search of the prisoner, and found him going up St. Edmund's Terrace, at the corner of Wells Road and Edward Road—I went towards him, and another man who was speaking to the prisoner ran away—I said to the prisoner "What have you been doing?"—he said "Nothing"—I said "Haven't you been trying to pass bad money?"—he said "No, not me; you have made a mistake"—I said "You answer the description of the man who has been at the butcher's shop in Henry Street with counterfeit coin"—he said "Don't lock me up"—I searched him at once, and found in his right-hand waist-coat pocket this florin, which he said he had given at the shop mentioned and 1s. 6d. silver, and 1 1/2 d., good money—I said "How did you come in possession of it?"—he said "I took it at Covent Garden Market"—I said "Who from?"—he said "Mr. Draper; I know I had it and meant to get rid of it somehow"—at the station when charged he said to the prosecutrix" Don't lock me up, lady; I won't do it again."
The prisoner in his defence stated that he took the florin in change for a sovereign.
GUILTY. Recommended to mercy by the Jury on account of his youth. — Six Month's Hard Labour.
MR. WILKINSON Prosecuted.
what appeared like a-half-sovereign—I saw it was not a real one, and told him it would not do, it was not a real half-sovereign—I was similar to this sovereign, but smaller—he then gave me a sixpence—I gave him 4rf. change, and he went away.
Cross-examined. There was not a policeman in uniform there at the time—you did not ask him to drink.
STEPHEN COVTER . I am landlord of the Black Dog public-house, Bedford Park—the prisoner came in on 15th July for a glass of ale between 3 and 4 o'clock, and also asked my ostler, who had given him a ride down part of the road, to have a drink, and I served him with two glasses of ale—he gave me a coin which represented a sovereign, and I gave him 19s. 8d. change—as soon as I did so he drank up and went out of the door—as soon as I touched the coin I called to the prisoner; he did not stop, but went out—I went after him with my ostler and said to him "Give me my change back"—he said "What do you mean?"—I said "Give me my change back"—he repeated "What do you mean?" I said "Give me my change back"—he gave it me immediately.
Cross-examined. You did not come back when I called you.
MARY BALL . My father keeps the Swan Inn, Stan more—on 15th July the prisoner came in about 5 o'clock for a glass of ale, and tendered a coin the size of a half-sovereign—I told him I had not got change, and he gave me 2d.—I gave him back the coin, which I saw was not good; he took it away with him—I communicated with the police the same afternoon.
Cross-examined. You gave me a flask-to put some whisky in, and asked for some writing-paper.
WILLIAM BOWD . I am a baker in the service of Mr. Bond, of Bed-font—on 15th July I met the prisoner, who asked me the way to Bed-font; I directed him—when I had done so he turned round and said he would give some men who were putting up a fence a drop of beer; he put his hand in his pocket and pulled out three pieces of coin and said "I will give you a drop of beer"—the coins looked to me like half-sovereigns.
Cross-examined. You had had a drop of beer, but were as sober as I am now—you were sober enough to understand me.
WILLIAM BARRETT (Inspector T). On 15th July I received informtion and went to the Swan, Stanmore—I called at several public-houses' in the village, and after that went towards the Union workhouse—Constable Neal overtook me—I went to Staines and saw the prisoner come out of the White Lion—I did not arrest him then—I went to the Anchor, where I found the prisoner had been wanting to get a night's lodging—some information was given me, in consequence of which I followed him into the High Street, Staines, and took him into custody—I told him I should take him into custody, he said "What for?"—I said "For uttering, or attempting to utter, counterfeit coin"—he said "I have done nothing of the sort"—I said I should convey him to the police-station—he said "I have done nothing"—I took him to the police-station—I found on him this coin—I asked him where he had got it from, he said "I got it in change for a 5l. note at a public-house"—I said "What public-house?"—he said "I don't know"—I directed Neal to take him to Bedfont and I went to Stanmore to warn the witness—in answer to the charge the prisoner said "I admit I went to
three homes and tried to pass that coin, but I did not know it was bad; that was the only one I had"—I only found on him a halfpenny.
HORACE NEAL (Constable D). I went to Satins with Barrett on 15th July, and afterwards took the prisoner to the station—on the road he said he had been a steward on board a ship called the Golden Fleece, and if the money was bad he received it orange for a 5l. note in a home in Holborn a day or two previously—I said "Which Holborn?"—he said "Up the road"—I said "There is a Holborn near the city of London"—he said "That is it"—I asked him if he would know the house if he saw it—he said "No"—he also said he left the Golden Fleece at Phila-delphia—he had been drinking.
The prisoner in his defence stated that he had been drinking and that the coins must have been given to him in change for a 5l. note at a house in Holborn.
NOT GUILTY .
Twelve Months' Hard Labour.
MR. SAUNDERS Prosecuted.
MR. GEOGHEGAN, who had not been instructed in time to defend the prisoner, stated that he had an affidavit by a medical man to the fact that the prisoner was not a man of strong intellect.
GUILTY.— Judgment respited.
OLD COURT.—Wednesday, August 4th 1886.
Before Mr. Justice Field.
Upon the evidence of Dr. Henry Charlton Bastian and Mr. Philip Francis Gilbert, surgeon of H. M. Prison, Holloway, the Jury found the prisoner to be of unsound mind and unfit to plead to the indictment. — Ordered to be detained during Her Majesty's pleasure.
785. EDWARD BREWIS (46) PLEADED GUILTY . to unlawfully writing and publishing a libel of and concerning Charles OctaviusHumphreys .— Nine Months' Imprisonment. There was a further charge against the prisoner for feloniously sending a letter, threatening to kill and murder the said Charles Octavius Humphreys, to which he
PLEADED GUILTY .
This indictment remains on the files of the Court.
After the case had commenced the prisoner expressed his desire to withdraw his plea of >NOT GUILTY and to PLEADED GUILTY , upon which the Jury found him
GUILTY.— Fifteen Months' Hard Labour.
GUILTY of the attempt. — Twelve Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
MARY ANN TONGE . I am the wife of John Tongue, of 38, Paul Street, City Road—the prisoner is my husband's brother—up to three months ago he used to work for my husband—I have another sister-in-law, Mrs. James Tongue, living at 23, Wilmington Square, derkenwell—on 5th July, between 7 and 8 in the evening, I was sitting with her in the kitchen when the prisoner came in; a conversation took place between them concerning some unfounded reports he had alleged concerning my husband and his brother James—he said he had seen my husband with a woman—I said it was not true—he said "If you will pay me for it I will prove it to you"—I said he was a bad and wicked disposed young man to try and make mischief between man and wife, that I would not pay him, if he wanted money he would have to get it on a different plan—the conversation then dropped and my sister-in-law lit the fire, and about a quarter of an hour afterwards she went upstairs to change her dress—I went to poke the fire and the prisoner sprang behind me, and whilst I was stooping down he fetched me two dreadful stabs in the middle of the back, saying "I have got you, you b—"—I ran to the door screaming for help; he caught me and stabbed me on the side of the head, to the bone; he then started to cut my throat on the left side; I caught hold of the razor and kept him off for a time; he wrenched it from my hand and cut me on the right side of the throat, through the dress and collar; I caught hold of the razor, and finding he couldn't use it let go of it; I either then fell or he knocked me down, and he then started to jump on my ribs, and knocked me in the head and face very severely and loosened all my teeth; he then tried to get the razor away from me again; he said "If I cannot get this razor I will choke you"; he then knelt on my chest and buried his two hands in my throat, and I was nearly gone; I begged of him, for my children's sake, to show me some mercy; but he showed me none—he heard a person then coming downstairs and let me get up, and he went into the kitchen and picked my diamond brooch up and threw it into the fire—a lady and gentleman carried me upstairs—my sister came into the kitchen and went out again for a policeman.
ELIZABETH TINGE . I am the wife of James Tonge, of 23, Wilmington Square, and am sister-in-law to the last witness—on this day she came to see me—between 7 and 8 I was in the kitchen, the prisoner passed the window, and I said "Polly, there is Alfred"—in a few minutes I opened the door, and he came in and down into the kitchen, where the last witness was—he said "Halloa, you are here," or "Good evening," I don't know which it was—I had a conversation with him, and in a certain part my sister-in-law broke in; we spoke about five minutes, and I then went to the other end of the kitchen and attended to the fire, and made some tea—the prisoner had not spoken all that time—while the tea was drawing I went upstairs to arrange my dress—I had just got up there when I heard a dreadful scream; I didn't think it was in my house at first, and
I then heard another, and recognized her voice—I ran down as quickly as I could, and called out "Whatever is the matter?" and when I got to the bottom of the kitchen stairs I fell over her feet—she was lying there; the prisoner was kneeling on her—one knee was on her chest and the other was in a pool of blood at the side of her head, and both his hands were pressed tightly on her throat—I said "Oh, Alfred, what are you doing? leave her her alone," and I tried to pull him off—he then took his hands off her throat and tried to get the razor, and he said "If I can can get this razor she is a dead' un"—I said "Hold tight, Polly, for a minute," and I ran for assistance.
THOMAS CALLENDER (Policeman G 129). On 5th July, at 8 p.m., I was called by the last witness to 23, Wilmington Square—I there saw the prisoner; his hands were covered with blood; he was coming down the steps from the house—I stopped him and said "I want you"—he said "It's all right, governor"—the last witness said "That is the man"—he said "I wish I could have seen her nine days sooner, I should have done for her"—the last witness went into the house to see what was the matter, and came back and told me, and I took the prisoner to the station and Mr. Tonge came and charged him with feloniously cutting and wounding—he made no reply.
JOHN TONGE . I am the prosecutrix's husband—on 5th July I was called to 23, Wilmington Square—I saw my wife upstairs sitting in a chair, and a doctor attending her—she was holding this razor in her hand; I gave it to the police—the prisoner made a statement at the police-court, nearly all of which I want to contradict—it is not true that he was out of employment six months.
FREDERICK BAXTER . I am a hairdresser, of 16, Popham Road, Islington—the prisoner lodged with me; he is my wife's brother—this is one of my razors, it was taken from the rack in my shop; I had not seen it for three weeks—the prisoner was at home on the Sunday night before this happened—he was out of work; he is a card-gilder—I saw him go out about 11 on the Monday morning, we did not speak; we were on very friendly terms—I did not see him again till he was at the police-court—he did not take the razor that morning, he must have had it before.
ERANCIS EDWARD THURLAND . I am a surgeon, of 1, Wilmington Square—on 5th July I was called to attend the prosecutrix—she was suffering from a large scalp wound over the left parietal bone, and one on the right side, not so large; the one on the left side was two inches long, and down to the bone—there were also two cuts on the left side of her throat, crossing one another, they were only skin deep; there was one on the right side rather deeper—there were two punctured wounds in the back, between the shoulder-blades on the right side, about the size of the top of my finger; I should say they went down to the bone, I did not probe them—they were such wounds as might have been caused by this razor; they were triangular, they had gone through the clothing—there were two cuts on the right hand across the palm, and the thumb was cut—the wounds were very serious, especially the one on the left side of the head, from which she had lost a large quantity of blood: and the two in the back, they were only prevented from going into the lung by being made vertically, and the ribs stopping the razor—on 13th July I examined her again in conjunction with Dr. Goddard.
EUGENE GODDARD , M.D., 106, Highbury New Park. I am the family doctor to the Tongue—I saw the prosecutrix about 10 p.m. on 5th July—I have heard Mr. Thurland's description, and agree with it—I have attended her since; she is still under my care—she was greatly exhausted at the time, and suffering from shock, which continued for some time—she has had a serious illness since; she brought up blood from the lungs—that indicated considerable violence—her throat swelled for the next few days; her front teeth were loosened.
The prisoner before the Magistrate put in the following written statement:—"I wish to inform you that I, Alfred Tonge, was last in the employ of Mr. J. J. Tonge six months ago. I tried to get employment elsewhere, but failed in all attempts. I waited months, and then I gave up with the intention of committing suicide, and I procured a razor and a bottle of spirits of salts. On going to Mrs. J. Tonge's on Monday evening, July 4th, to get some money promised, I saw Mrs. J. J. Tonge there, and she began to bully me, which never did me any good, and being at that time homeless, penniless, half starved, and half mad, I rushed at her, at which he screamed, but I remember no more until I found myself at the bottom of the stairs with my knee covered with blood, and my hat on the stairs. I then went up to the door and saw the constable, and was given in charge."
GUILTY on the First Count. — Fifteen Years' Penal Servitude.
NEW COURT.—Wednesday, August 4th, and Thursday, August 5th; 1886.
Before Mr. Recorder.
MR. CLURE Prosecuted; MR. BESLEY Defended.
HENRY SELL . I am an advertising agent of 167, Fleet Street—in October last I had executed some advertisement orders for the defendant; he represented himself as the Odontobat Company, of Birmingham—his firm owed me 310l. in October, and I had obtained judgment for 150l. of that—on 18th December I received a telephone message purporting to come from the Metropole Hotel, and in the evening I went there and saw the prisoner—he begged me to withdraw proceedings through a solicitor in Birmingham—I had a great many dishonoured cheques and refused to do so unless he gave me some security—he said for some time that he could give nothing; he then said the only thing he could give was an acceptance of the Earl of Devon, and produced this bill for 800l.—I asked him what the Earl of Devon had to do with the Company—he said that he was a friend of his father's—I said, "How do I know it is the Earl of Devon's signature?"—he professed to be very much offended at that, and produced a letter headed "Powdersham Castle, Exeter," and said, "Is that good enough for you?"—it commenced, "The Earl of Devon presents his compliments," I did not read the rest—I said, "All right"—he put it in his pocket again—I knew he had been to Exeter that day; he said he would only part with the bill on one condition, that I would not part with it till it was due, and I gave him this letter to that effect—he then asked for an advance of 100l., and I gave him this cheque for 60l.—he said he could get money on the bill in Birmingham, and he wanted the 60l. to go on with—on 4th December, when the bill became
due, I sent it to my bankers, and it was returned dishonoured—I had received on December 3rd this letter, dated December 2nd—I have seen the prisoner write; it is in his writing. (This requested that the bill might be returned without the witness's name appearing upon it. Signed, E. Lehfeldt.) On 5th December I received this letter. (This was dated December 4th, from the prisoner, stating that he was going to Exeter, and requesting him to return the bill, and receipt a bill for 800l.) He had previously given me this bill (produced) for 310l., signed "Devon"—I passed it through in the ordinary way, and it was returned dishonoured—I saw the prisoner after the 800l. bill was returned, and said I was much annoyed at losing the money—he said that the bills were all right, and I should get my money if I would stop and leave it over; he was going to get some one to buy the trade marks, and then he would take up the bills and give me a lot of money in return—I told him that both bills had been returned—he said they were all right, but he had rather not go into particulars as to his connections with the Earl of Devon if I would not press it—I had at that time placed the matter in my solicitor's hands—I recovered from the prisoner in January the 60l. which I had lent him, but I never had any more—the Odontobat Company went into liquidation—about May 27th I called and saw the Earl of Devon—I had written to the Earl on the dishonoured bill, saying that I should take proceedings—I received no answer, and placed the matter in my solicitor's hands—I saw the Earl on the 27th and showed him the acceptances for 800l.—I afterwards applied for a warrant at Bow Street.
Cross-examined. I did not satisfy myself that the Odontobat was a limited company—the advertisements which created the debt of 310l. began about July, 1885—they wore exclusively for advertising that Company; it was for tooth powder and preparations of that sort—on 7th or 8th December I directed Mr. Good heart, my solicitor, to go to Birming-ham, which he did—the prisoner never told me that he had been a master at Tiverton school, or that he had been a teacher in private families—he always expressed a hope for a great success of the Company—I did not return the 180l. bill before receiving the 130l.; that had gone into my bank—the 60l. was given to him and I received the 180l. bill that night—I did not see the Earl of Devon or his solicitor till May, and I went to the police-court on June 8th and took proceedings on the 180l. bill; I do not think there were any proceedings on the 130l.—after going to the Earl I saw his solicitor, Mr. Lake, who was a witness at Bow Street—he did not show me a number of bills of which Lehfeldt was the drawer and the Earl of Devon the acceptor—I have never seen a statement of the accounts.
THE RIGHT HON. THE EARL OF DEVON . I live at Powdersham Castle, Exeter—the acceptance to this 800l. bill is not my signature, and neither is this bill of 310l.—I gave no one authority to accept these two bills for me—these three documents purport to be accepted by me, but they are all forgeries—I did not authorise any one to accept them for me.
Cross-examined. I did not pay for them afterwards, or for any bills of this description after they were dishonoured, nor did Mr. Lake by my instructions—I do not know the prisoner as the tutor to my son; his father was German master at Tiverton School many years ago, and I have assisted him—I instructed my solicitor to make inquiries and give him assistance; that has been going on for three or four years—he never was in my
employ in any way—I do not know that he was a tutor in Lord Aberdeen's family—I do not think he has been received at Powdersham Castle by my steward when I was away, but he has called on me there and also at my lodgings in London—no communication was made to me about the 800l. bill before it was accepted.
FREDERICH EMANUEL GOODHEART . I am one of the firm of Good heart and Metcalfe, of Great George Street, Westminster, solicitors to the prosecution—we have acted for Mr. Sell—these dishonoured bills were put into my hands in December, and on 15th December I went to Birmigham and saw the prisoner—I produced the 800l. bill, and told him I had heard rumours of its being a forgery—he asked who had informed me of that fact—I said Messrs. Lake and Co."—he said, "You have not seen Lord Devon about it"—I said "No"—he said, I think it is only fair to me before you accuse me or suggest such a charge, to see Lord Devon himself," and he emphatically protested that it was Lord Devon's signature, and added that his personal relations with Lord Devon were such as justified his asking his Lordship to lend him money, and that he had assisted him by giving him these acceptances—he satisfied me with his explanation, and told me of the new arrangement come to with Mr. Birch, of the Odontobat Company, and his relations with him and with Lord Devon were such as justified me in accepting his statement—I proposed that the 60l. and 250l. which were due should be paid, and he asserted again that there was no difficulty in paying it; he was to see Mr. Birch, the owner of the business, and get him with himself to write to Mr. Sell a letter proposing at what date the 310l. should be repaid, and a written arrangement was entered into—I have not got the document with me, but it was agreed to pay 68l. on January 1st, 150l. on February 1st, and 100l. on March 1st—the 68l. was paid within a day or two of the time named, but no other installment was paid—several letters passed between me and Mr. Lehfeldt in reference to this arrangement.
Cross-examined. When I went to Birmingham on the night of the 15th I only took the 800l. acceptance with me—I had not heard of the 310l. one at that time—I saw him on the 16th—I had not heard about the Earl of Devon till the night of the 15th—Mr. Birch was not present at the interview—I believe he is the owner of the business; it is not a limited company—I did not suggest the amount the prisoner should pay down—he said it was impossible to pay the 800l. because Mr. Birch had got the capital locked up—I said, "You make your own proposals, my client has no wish to be hard on you, all he wants is his money, you have put him to the expense of bringing me down here"—he suggested that he should pay the 8l. for my expenses—it was arranged to pay the 60l. within 14 days, and we had to get Mr. Birch's guarantee for the whole amount—he and Mr. Birch wrote the guarantee, but not in my presence—it was sent on to me in the form of a letter—the 68l. came in due course—I think I wrote him to be punctual—I wrote to him several times when the instalments were not paid—I went to America on 14th March—I have got Mr. Birch's responsibility for the whole amount, but unfortunately he is bankrupt; I heard that last June—I attended at a meeting of his creditors and heard of there being other bills about, and
then I sent Mr. Sell to Lord Devon—until Mr. Birch's responsibility was shown to be worthless I made no inquiries.
Re-examined. I have had the conduct of this case—I went away to America, and came back in May—he said distinctly that Lord Devon had assisted him with this particular acceptance.
Cross-examined. I first knew Lehfeldt two years ago; he came to me—there had been many advances made to him by the Earl, some hundreds of pounds; not strictly advances, but his Lordship guaranteed the money as he was anxious to pay off liabilities, and it was to start him in business—I last saw Lechfeldt three or four months ago; that was in reference to his having used Lord Devon's name—he did not say he had authority to do it; he said he was very sorry indeed, and he was a ruined man—that was not in reference to the Odontobat speculation—he spoke about being a ruined man before Birch's failure—he came to me and admitted that he had wrote Lord Devon's name without authority—one bill for 150l. signed in that writing has been paid; it was dated March 24th, 1884; it was presented at the Earl's bankers and referred to me, and I stated it to be a forgery—I called the signatures to this 800l. bill and 310l. bill disguised, I believe they are traced—I do not think the "v" in "Devon" is precisely the same as his Lordship uses, my opinion is the other way; I should not say there is the slightest similarity to his Lordship's writing—the "v "written in the address of the bill is entirely different to the "v" which purports to be written by the Earl of Devon as acceptor.
GUILTY. Recommended to mercy by the Jury on account of the first bill having been paid. — Twelve Months' Hard Labour.
790. JOHN THOMAS (28) PLEADED GUILTY to breaking and entering the counting house of Percival George Robinson and stealing a set of studs and other articles, his property.— Twelve Months' Hard Labour. And
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. BESLEY
appeared for Moffat, and MR. E. CLARKE, Q.C., for Fillingham.
MOFFAT— GUILTY .— Eighteen Months' Hard Labour.
FILLINGHAM— NOT GUILTY .
MR. METCALFE, for the prosecution, offered no evidence.
NOT GUILTY .
MR. POLAND Prosecuted.
GEORGE EDWARD COOPER . I am ledger-clerk in the City of London Court—one of the old courts in the Guildhall has been fitted up as an office—the public can come into the passage and there are a number of loopholes to speak to the clerks—it was part of my duty to receive payment at the Court—on Friday, 9th July, I received nine post-office orders, value 33l. 17s. 4d., and 13 postal orders, value 8l. 14s. 6d.—I put them into a banker's black wallet, which I put on a shelf over one of the windows to which the public come—it was safe there at about a quarter to 1 o'clock—I went into another part of the office to get an address, and was not a minute away, but on coming back Mr. Walker, a clerk, spoke to me, and in consequence of what he said I missed my wallet—a person outside could not see the shelf, but he could put his arm in and take anything out—information was given to the police—I had seen the prisoner about the office nearly all the morning, about three or four yards from my window, in the passage way to the public court—he was standing there doing nothing apparently—next day I saw the wallet at the Merchant Seamen's Registry, just by the old Bankruptcy Court—I found the three postal orders, one for 10s. and two for 1l. each, had been taken out of it; they had been all together in one pocket—the postal orders, which you can cash anywhere, are the property of Thomas Speechley—I did not see the prisoner again till he was tried—I am sure the prisoner is the man—I have known him a long time, he has been hanging about our place for a long time.
Cross-examined by the Prisoner. I am sure as to the time—there was nothing suspicious in your being in the court that morning—I have often seen you there, but you have not been there so much this summer—I had no reason to suppose you contemplated anything—you got there about 10.30 I think—I took the numbers of all of the postal orders—notice has been given to the Post-office that they are missing—I don't know if they have been traced.
Re-examined. I saw him that morning at half-past 10, and after the wallet was lost I saw nothing of him.
By the Prisoner. It would not be an unusual thing for me to miss you suddenly.
JAMES JARVIS . I attend to the Counsel's Robing Room at Guildhall—on Friday, 9th July, I was passing through the passage a little before 1 o'clock, in front of the window where Mr. Cooper is engaged, and I saw the prisoner with his hand in the cashier's pigeon-hole—his hand was inside—he took out a black leather case—I saw it actually in his hand as he withdrew it—he opened the wallet and looked in, and when he saw me looking he put it under his coat—he then strolled out, and I spoke to Mr. Walker, a clerk upstairs; he at once spoke to Mr. Cooper, who looked, and missed the wallet—the prisoner had then gone—I had seen him earlier in the morning, and am quite sure he is the man.
Cross-examined. You were not quite two seconds at the window—it was not my business to stop you, and I had known you in there for some time—your right hand was in the window, and when you took it out you turned round and saw me—I was standing at the corner of No. 3 pigeon.
hole—I can't say this is the same wallet that I saw in your hand, but it is the same size and colour.
FREDERICK WALKER . I am a clerk in the City of London Court—on Friday, 9th July, I was at the court—Jarvis a little before 1 o'clock spoke to me, and I saw the prisoner walking towards the office door from Mr. Cooper's window to go out—he had to pass by me, I made room for him to pass—I immediately spoke to Mr. Cooper, and saw him search for the wallet over the shelf; it had gone—two or three minutes had elapsed between the time I saw him passing out till the time Mr. Cooper missed it—I rushed out, but the prisoner had gone, I could not find him.
Cross-examined. I thought it best to communicate with Mr. Cooper before coming to you—you turned towards Basinghall Street to the left; I saw you turn the corner, and lost sight of you.
JOHN THEOPHILUS PARFIT . I live at 66, Cheshire Street, Bethnal Green, and am employed at 18, Gracechurch Street—about 11 o'clock on 10th July I was passing by the Merchant Seamen's Registry, Basinghall Street, and I saw this black case in the grating there—I went on my business—when I came back, about 12 o'clock, it was still there—I tried to get it up, but could not—the people in the house were spoken to about it and Mr. Thayer got it out—Constable Lythal was sent for; it was given to him, and I saw him open and examine it.
ALFRED BOYLE THAYER . I am a clerk to the Merchant Seamen's Registry Office, Basinghall Street—on 10th July, about 12 o'clock, my attention was called to this wallet, and I took it out of the grating and handed it to Lythal—I saw him open it.
SAMUEL MLYTHAL (City Detective Sergeant). On Friday, 9th July, I went to 98, Cottingham Road, Holloway, about 9 o'clock—the prisoner was then leaving the house; I knew him before—I said "I shall take you into custody for stealing a quantity of postal orders and post-office orders in the City of London Court to-day"—he replied "I do not know anything about them"—he was taken to the City by Constable Williams and searched—nothing relating to the charge was found on him—on the following day I was down in the basement of the building when Mr. Thayer gave me this case; it was shown to Mr. Cooper—I found in it nine postal orders and a cheque—the postal orders have not yet been traced, nor have they been paid in.
The prisoner in his defence said he had worked at the Court and went there to speak to Mr. Cooper about some cricket balls; that he had no opportunity of doing so, and went away, reaching home at twenty-five minutes to two.
NOT GUILTY .
MR. POLAND Prosecuted.
LOUISA HILGENBERG . I have been a widow for 35 years—I live at 33, Spolsdorf Road, Hackney—in June 1 was carrying on a chemist's business at 38, Houndsditch—I gave it up last week—I owned the business and had passed an examination, and was a member of the Pharmaceutical Society—I have known the prisoner five or six years as a customer, bat had not seen him for three years till 14th June, when he came in and bought some Eno's fruit salt—he told me he had come from India, where
he had been building railways, and showed me a plan of where he had gone in India, and said they were going to make him Governor of the Colonies of India, and showed me a letter which I refused to read—I believed what he told me and thought he was a man of pretty good position—I had this ring on then; he admired it and said it was of very good value—I took it off—I said that I gave 22l. for it and asked him if it was worth it—he said "Yes, very well worth it"—I said that I very seldom wore it because I had been ill in the winter, and my finger had got smaller and it slipped off—he said that it could soon be made smaller—I said I did not like to part with it, they might change the stones—on 18th June be came in again and took out of his pocket an invoice with the name of Beaumont, a jeweller, on it—he said he lived in Hackney Downs and he would take the ring if I trusted him and would very easily bring it back next day, and they would not steal any stones from it—I let him have it and he took it away to have it altered and made to fit—I did not see him again for some days—I felt very anxious—four or five days after he walked past; I called to him and said "Mr. Edelmann, you have not brought my ring back yet"—he said, "I am going to fetch it now," and went away, saying he had not time to stop—not seeing him again I made inquiries about him, and on 2nd July heard he was in a private hotel, a German Young Men's Home, at 28, Finsbury Square—I went there and heard he was ill—the housemaid took me to a ward with several beds and gentlemen in them—the prisoner was there very ill—I said I had heard he was very ill—he said "Yes;" his teeth shook and he was very sick, he was very ill indeed—I said nothing, about the ring then—he brought oat a little box of quinine and said he could not dissolve it, I dissolved it for him—next day I went to see him particularly about my ring, he was up and dressed and much better—I said "I particularly come about my ring, I want my ring"—he looked round and told me to sit down and said, "The things are all packed away, I shall not be able to find it now while I am so bad; I do not like to get up from the couch, I will bring it to you to-morrow morning"—I went away on that promise—next day, Sunday, 4th July, he came to where I lived in Spolsdorf Road—I asked him about the ring; he told me another story and made excuses, but did not give it me—on Monday, the next day, I went at 10 o'clock to the hotel with my landlady and saw the prisoner in the passage there—I said "I am now come only for my ring and I will not leave you before you show me what you have done with it"—he then took me to Finsbury Pavement into an Italian coffee shop—I said "I am not going to leave you; you show me where my ring is"—he then took out of his pocket this pawn-ticket and gave it to me. (Thin was for a diamond ring, pawned with Smith and Dimond of Newgate Street, on 18th June, 1886, for 8l., in the name of Edelmann, of the General Post Office.) He said "If you wait till next Tuesday, this day week, the ship is coming from Australia with some money for me, and then I will give you the money for that ring"—I did not believe that and went straight to the police-station in Bishops-gate Street and asked for advice—the police afterwards took the prisoner into custody—until he gave me the ticket on 15th July I did not think the ring was pawned.
Cross-examined. I was married a second time to Mr. Fitt, but he was divorced from me because he took the goods of my children by Mr. Hilgenberg—you said you had come from Panama through the Brazils,
and had been sick of fever, and you asked my advice as to a doctor and I told you to go to Dr. Ludvig—you did not say you only had 100l., nor did you show it to me—you told me something about being sent by the Government, and that you had put 20,000l. in the bank to buy things for the natives in Burmah—I did not say I should like to go with you to Burmah—I did not say that I had sold my shop to a chemist in Finsbury Pavement for 500l., nor that if you took me to India I would put the 500l. in a business and act as chemist there, and as housekeeper and wife to you—I never agreed that we should go to Burmah together, nor that you should attend to all outside work for me till the end of June, when I was to give up the shop—you have not been buying wine, brandy, fish, and provisions for me; you never bought anything for me—you never advanced me any money—the whole house in which my shop was I had for 36 years—there was a parlour at the back—I was always alone in the parlour—I never made love to you nor put myself on your knees—we never lived together—I never borrowed money of you nor said I would repay it when Koch bought my shop for 500l.—you did not advance me 60l. and then say you could not advance more—I did not give you two rings to sell for yourself; you did not bring them back and say you could not get the price for them I asked—I did not say I must have 10l., and ask you to pawn the rings as I did not want to do so myself—I did not tell you I did not like to go myself because the man who was about to buy my business would say I did not attend to it—I did not tell you to pawn the ring in your own name and to bring the money to me—you did not bring me the money, 8l., on the Friday afternoon, nor did you give it to me with the ticket—you were not my agent—I said if you saw an empty apartment to let at Hackney Downs you might go and see it, and if it was decent to let me know—I said nothing about the proprietor of the shop taking possession of the shop and selling the furniture if I was not out by the Saturday—you said you had found a respectable place, and I went with you to see it—I paid for myself—I had no money with me, and you lent me 10s. to pay a deposit—this is the receipt—I gave you back the 10". when I got to Houndsditch—we did not agree to live together in Hackney—after I took the rooms we went to a coffee-shop and had tea and coffee—I did not make love to you in the railway-carriage coming home, nor put myself on your knee, or put my arms round you—you came home with me, and I gave you the 10"., and you went away—you did not come at half-past 9 or 10 o'clock and say you had lost your purse with 9l. 10s.—I gave you no medicine—you were never with me till 12 o'clock—I never locked the door when you were with me—you did not send on the Wednesday to say you were dangerously ill—Mr. Jacobs was with you once when I came; you were whispering together when I came in—he is a relation of yours—I never had any pawn-tickets—I was not offering pawn-tickets to any one two weeks before.
Re-examined. I was 36 years at this shop, and paid the rent, 45l. a year—with the exception of the 10*. the prisoner lent me to pay the deposit, and which I repaid, he has never lent me a halfpenny—the landlady is here.
G. P.O.—to the best of my belief the prisoner is the person who pledged it, and I gave him this ticket.
ROBERT LEHMAN (Police Sergeant). The witness James Jones arrested and brought the prisoner to the station, where the prosecutrix charged him—I searched, and on him found a passport and 5s. 2d.—the inspector read the charge to him three times and said, "If you have anything to say in answer to the charge I will caution you; you must be careful what you say, as I don't want you to commit yourself"—he said, "I have nothing to say"—he was asked twice after that, and said nothing—afterwards he said that what he had to say he would say to the Magistrate.
Cross-examined. You were arrested on my instructions.
CATHERINE MARY THOMAS . I am a widow, living at 33, Sparlsdorf Road, Hackney—my daughter lets part of that house in apartments—the prisoner came by himself, and afterwards with the prosecutrix, to take lodgings—the prisoner paid 10s. which had to be left on deposit—afterwards the prisoner called once when she was out, and once when she was at home; he stopped a quarter of an hour then—I heard some sort of an altercation, and as he came downstairs I heard her say, "Bring back my ring"—that was on Sunday, 4th July, and I think the next day she showed me the pawn-ticket.
Cross-examined. I could not hear what was said before on the Sunday, because you spoke German—I told you to go upstairs to her.
The prisoner in his defence stated that the prosecutrix had given him the ring to pawn for her, and that he had done so and given her the money.
Witness for the Defence.
ARIS JACOBS . I have known you over six years, and know you to be a thorough gentlemen—I know the prosecutrix as a neighbour of mine—I should think I have seen you go into her place three or four times a week—you attended the synagogue several times—you sent for me when you were ill—I found Mrs. Hildenberg attending to you, wiping down your forehead and kissing and cuddling you, and I was so disgusted I would not stop longer—I believe she was showing tickets—I saw something with 8l. on it, I could not say it was this one—she showed me a pawn-ticket, I can't say it was this one.
GUILTY . The Jury stated that they did not believe the charges which the prisoner had made against the prosecutrix.— Nine Months' Hard Labour.
THIRD COURT.—Wednesday, August 6th, 1886.
Before Mr. Common Serjeant,.
MESSRS. GRAIN and TICKELL Prosecuted.
ERNEST HENNES . I am a cigar manufacturer, at 173, St. John street Road, Clerkenwell—on 6th May I received from my assistant, Allaway, this cheque for 3l. 17s. 6d. drawn by Julius Bohm in my favour on the London Provident Bank, in payment for the 600 cigars—I paid it into my bank, the National, on 8th May—before it came back I received another order in writing from the prisoner for 500 cigars, and in consequence
I sent them on the 10th, and my assistant brought back a second cheque for 2l. 12s. 6d., drawn by Julius Bohm on the same bank—next day, the 11th, the first cheque came back marked "Refer to drawer"—he second cheque was also returned so marked—I received this letter, signed R. Cohen. (Frank Medrington here stated that this letter was in the prisoner's writing. The letter, dated from the Cigar Divan, 302, Holloway Road, stated that he had received a note from Mr. Bohm saying that by some error his cheque had not been paid; that he was very sorry, but that if it were paid in again it would no doubt be paid.) I also received this letter. (Dated 16.5.6, and signed R. Cohen, and stating that Mrs. Cohen had informed him she had promised that he would call last night; that he was sorry business had prevented him, but that he would send the amount for the cheque next day.) In pursuance of the request I again paid in the cheque for 3l., and it was again returned marked "Refer to drawer"—after that I tried to find Mr. Cohen—I went once to the Cigar Divan, 302, Holloway Road; I went to his private house, 120, Devonshire Road—I could not find him—I applied for a warrant.
Cross-examined by the Prisoner. I sent the 600 cigars in the morning, and my assistant got your cheque in the evening—I came once to your private house with a gentleman; I saw your wife—she did not tell me you came home every day after business—I took out a summons against you in the County Court for the two amounts together, 6l. 10s.—I could not serve the summons, as you had gone away—after I went to the County Court I had an interview with Orlbach, the proprietor of a public-house—I swear I did not conspire with him to take the summons out to bring you into trouble, and to make a strong affidavit against you to have you charged—Orlbach is a customer of mine, and a German—I do not know that his sister is the wife of Bohm's brother—I never spoke to another gentleman, Mr. Bohm, in my office.
ANDREW GEORGE ALLAWAY . I live at 4, Albion Buildings, Clerk en well Road, and am employed by Mr. Hennes—on 6th May I delivered 600 cigars to the prisoner at 302, Holloway Road, and he gave me this cheque for 3l. 17s. 6d.—I saw him fill it up, but not sign it—I saw the signature "Julius Bohm" on it directly after he filled it up—on 10th May I went again to the same place with 500 cigars, and the prisoner gave me a second cheque for 2l. 12s. 6d.; that was already signed Julius Bohm—I saw him fill it up—he tore the cheques out of a cheque-book, in which two cheques remained—I knew his name was Cohen—he said to me of his own accord "This Julius Bohm is a brother-in-law of mine, and owes me 200l. or 300l., and has signed a cheque-book through for me"—I should think it was a cheque-book of about 25 cheques, and after the two he gave me two were left.
Cross-examined. I brought the first lot of cigars in the morning, and called in the evening for a cheque—on the second occasion I said to you "My governor is rather surprised that the cheque is signed Julius Bohm," and then you told me Julius Bohm was a brother-in-law of yours, and that he owed you 200/. or 300l., and that he had signed a cheque-book through.
ARTHUR WARAIGHT . I am salesman to Hubbard and Co., cigar manufacturers, of 112, Aldersgate Street—on Tuesday, 4th May, the prisoner called at my warehouse and gave the name of R. Cohen—he had been a cash customer before, and had paid for goods on delivery, and the week
previously he had one parcel on credit to the amount of 1l. 1s.—he ordered cigars to the amount of 11l. 17s. 10d.—he arranged to call for the goods, and to pay for them when he took them away—subsequently, on the same day they were delivered to the prisoner's man, who gave in payment this cheque, signed Julius Bohm, for 11l. 17s. 10d.—it was not endorsed—I sent it back, and it came back endorsed R. Cohen—I paid it into my bank, the London and County, and it was returned marked "Refer to drawer"—I communicated with the prisoner, and received this letter, dated" 5th May, the Cigar Divan, 302, Hollo way Road," and signed "R. Cohen." (This regretted that through some mistake the cheque for 11l. 17s. 1d. had been dishonoured, and requested that it should be presented again, when it world no doubt be paid.) I paid it in again, and it came back and was not paid—on 8th May I went and saw the prisoner at the Cigar Divan, Hollo way Road, about the cheque, and asked him for the money—he said he would come down on Tuesday and pay Messrs. Hubbard and Co. the whole amount, and furthermore he would pay money into the bank to their account, so that they could hold money of his for future transactions—he never did come, and never paid money into the bank—I did not see him again till I saw him at the police-court—the cigar divan in the Holloway Road was open when I went on the 8th—I did not go after that.
Cross-examined. The cheque was not endorsed when it came to me—I do not know if we took out a summons against you in the Mayor's Court.
ALFRED PEARCY BROWN . I am one of the firm of Hubbard and Co.—I do not know whether any proceedings were taken against the prisoner in the Mayor's Court or not, there may have been—we have received nothing.
EDWARD NELSON . I am a clerk in the Finsbury Park branch of the London and South-Western Bank, where the prisoner opened an account in January in the name of Julius Bohm—I then took his signature in our book—these cheques signed Bohm are signed by the prisoner, I have no doubt of that—Mr. Barclay is our manager—we keep a dishonoured and returned cheque book—this is an examined copy pi extracts from it. (This gave a list of dishonoured cheques during January, February, March, and April.) This is a certified copy of the prisoner's account with us. (This showed that the account was opened with 12l. paid in, and that other small sums were afterwards paid in.) on January 15th he drew out 25l., and altogether he drew out 33l. in January—we credited him with a short bill which we discounted and which was not paid, we then debited him with it—then there was another bill he was to collect, which was first credited and afterwards debited to him—on June 26th his account was overdrawn 2l. 10s. 9d., and we wrote that off—altogether he has only paid us in in good coin about 28l. and the rest was merely cross entries of bad bills which we had to collect—the 28l. paid in was all drawn out almost immediately except 3l.—this is one of the returned cheques for 3l. signed Julius Bohm by the prisoner.
Cross-examined. Bohm gave a reference and we had a satisfactory answer, we imagined from a bond fide person.
Re-examined. We wrote to the person whose name and address the prisoner gave us, we made no personal inquiry.
of Godalming—I knew the prisoner as Julius Goldman—I saw him write that name in this book on behalf of Mr. Pewtress—on 3rd April I agreed to sell the prisoner certain fixtures of the value of 5l. on the premises 302, Holloway Road, Islington—he gave in part payment a cheque for 3l., dated April 3rd, and signed Julius Bohm, in favour of J. Goldman, and endorsed J. Goldman on the London Provident Bank—I allowed him to take possession of the futures—the cheque was paid in and returned dishonoured—he has never paid the 3l.—the balance of 2l. he paid me in cash when he gave me the cheque.
Cross-examined. You signed an agreement for the house in Holloway Egad for three years on 5tn April—there were arrangements about doing the house up—you became a tenant—I have taken out a summons against you in the County Court, not against some one else—I am not aware that a summons has been taken out against Mr. Bohm, I left it in my solicitor's hands—I don't know if judgment has been obtained against Bohm—I can't say when I heard you were arrested—the rent would not be due till 24th June—I did not go and open the house by force and take possession of it and the fixtures, till after the rent was due, I believe I did so on 28th June—I sent a registered letter to you which was returned marked "Gone away"—you promised to come and pay me the money two or three times—I never refused to do any repairs—I did not get all the fixtures back, a lot of them were removed from the premises—I have had to spend a lot of money to do the place up, it was left in a filthy state—I have had to paper the parlours—I saw the name of Cohen there and said "What is that name?"—you said "That is a man I have let the top floor to"—I said "What is he?"—you said "He is an agent in musical instruments"—you gave me, when you took the house, a reference to a Charles Raphael; I found it was entirely false—I went down there—I did not see him, but I found there were a lot of cheques in the same way down there—you gave me as another reference a gasfitter in the Seven Sisters Road.
Re-examined. (The reference from Charles Raphael was read. It stated that Goldman had travelled for him for the last eighteen months, and that he had found him always honest and most respectable; that he would no doubt be a very good tenant and would pay the rent promptly.) That was dated 1st April—the prisoner never paid me a farthing rent—the rent was 65l. a year, payable quarterly—I can't say how long he had the premises before the rent became due—when I took possession on 28th June I found some fixtures had been removed—I knew his wife had removed them—a number of things were gone—I did not take a witness with me when I went in.
WILLIAM HAWES . I am manager to Caroline Goldstone, a coffee-house keeper of 252, Euston Road—on 16th May she sold some fixtures to the prisoner for 10l., and on May 19th the prisoner, in my presence, wrote and signed this cheque for 10l. (This was drawn on the London and Provident Bank to bearer and was signed R. Cohen). Miss Goldstone paid it away to the Gas Company, it was dishonoured, and the Company cut off the gas—it has never been paid.
Cross-examined. I let you this house on 16th May—my son signed the agreement and I witnessed it—you paid no more than 10l. for the fixtures—You paid 2l. 10s. in gold—you had an agreement for 5l.—I saw this letter, about handing back the cheque when you did up the w.c, at the
police-court, but Miss Goldstone told me she did not sign it—I did not know you had taken away any of the furniture or fixtures till I took possession—I did not know you were gone till I heard you were locked up—you were to take possession on the 24th, but we allowed you to go in for the day and get ready—before that nobody slept on the premises—I was away when you were arrested or no one would have taken anything out of the shop—I think Mr. Higginbottom took away some fixtures, I never got them back, 1 never received anything.
JOHN HOLLY . I am agent to William Higginbottom, a furniture dealer of 373, Euston Road—in May last the prisoner ordered goods of me to the amount of over 30l.—I knew him as Cohen—on 19th May, the day before I delivered the furniture, he gave me this cheque for 7l. 17s., drawn by R. Cohen—we afterwards delivered the goods and presented the cheque for payment; it was returned marked "Refer to drawer"—I have never been paid—the total value of the furniture supplied was 31l. 16s.
Cross-examined. We arranged with you to fit up a place in Euston Road for 31l. 6s.—we did not fulfil the contract, but we delivered goods sufficient for you to open your business; they were worth about 25l., and with the glasses we lent you the value would come up to about the amount stated—you paid the balance with the cheque—at your request I presented the cheque a second and third time—on 4th June I went to your shop and took out all the glasses I could find, and the marble tops as well which I supplied to you, but I could not find all the things I had supplied.
Re-examined. I got back a portion of my goods by seizing thorn, but not all; those I have got are not more damaged than by fair wear—the goods were delivered at Holloway Road and the Euston Road.
FRANK PERCY MEDRINGTON . I am a cashier at the London Provident Bank, 51, Moorgate Street—I know the prisoner by sight—the cheques signed R. Cohen, and drawn on that Bank, are drawn by him—an account was also opened at the bank in the name of Julius Bohm—I cannot speak to the person who opened that—I produce an examined copy of Cohen's account with the bank—on 19th May he paid in 6l. 10s. and on the same day drew out 5l. 5s., nothing more was paid in—he was debited with 1s. 6d. for a cheque book, leaving 3s. 6d. to his credit—this is the dishonoured cheque book, showing a list of twenty dishonoured cheques of Cohen's—this is a correct copy of Julius Bohm's account, which was opened on May 11th by a payment in of 16l.; next day 3l. and 10 guineas were paid in—after that date there was never a balance of more than 3l.—this is a copy of the dishonoured cheques book; it shows over 50 cheques presented on that account and dishonoured. (Among others was one payable to Raphael on March 15th, which had been dishonoured.) 19l. 12s. 6d. was paid in on that account and 19l. 10s. 8d. drawn out.
Cross-examined. If the cheque to Higginbottom had been presented four times it would appear four times in the list of dishonoured cheques—others have been presented three times and twice—we only issued to you a cheque book of 12 cheques—I know you have taken up and paid a few cheques through messengers—the London and County Bank clear our cheques—Mr. Walker is a paying cashier at our bank—you paid in short bills which our bankers would not take (they would only take them when they were due), and so we returned them to you—these cheques must have been received and marked "Effects not cleared" when you had
paid in short bills, and before the bankers had returned them—an account was opened in the name of Bohm—we don't know hi; I know you as Mr. Cohen.
Re-examined. I don't identify the prisoner as Bohm—I don't know that person at all.
By the JURY. Bohm would have to come to the Bank personally and signed the book to open the account—I should probably have taken the signature myself; it was my duty.
Cross-examined. I have written to you once or twice asking you to close your account—the manager wrote to you asking you to close it as it was so irregular—Devonshire Road was the only address we had—I don't remember a lady coming and paying in money to the account.
Re-examined. I have no doubt whatever that the prisoner is the person who opened the account at our bank in the name of Bohm.
WILLIAM SEELEY (Detective-Sergeant Y). I had a warrant from Clerkenwell Police-court for the prisoner's apprehension in the name of Robert Cohen on 1st June, and on the 2nd I apprehended him at his house 120, Devonshire Road, Holloway—I read the warrant to him; it was for obtaining cigars from Hennes by false pretences—I said, "Is your name Cohen?"—he said, "My name is Goldman, but I trade in the name of Cohen"—I told him he would have to go to the station with me, and he said, "If I have done anything wrong I must put up with it"—he said he would go quietly to the station with me—he said nothing else at any time to me.
The prisoner in his defence stated that Bohm, who owed him money, gave him the cheques which he paid away; that his wife had since offered to repay the prosecutors, and that they had refused to take the money; that he had only been in this country a few years and did not know the law, that he had lost his money through a bill of sale and that he had no intention to defraud.
GUILTY .— Two Years' Hard Labour.
MESSRS. MATHEWS and SAUNDERS Prosecuted; MR. MOYSES Defended.
WILLIAM WALLACE STRANGE . I am a confectioner of 40, Westow Hill, Norwood—on 17th May I sent my niece, Maria Strange, to the Norwood post-office for a postal order for 10".—she brought me the order, I took down the particulars of it, L.8. 143,104—she wrote a letter by my direction; I enclosed the order in it and addressed it to Mrs. Fricker, 9E, Peabody Buildings, Orchard Street, Westminster—I sent her to the post with the letter.
by his direction to Westow Street post office and purchased a postal order for 10s., which I took to him—he enclosed it in a letter addressed to Mrs. Fricker, Peabody Buildings, Westminster—I securely fastened the envelope and posted it at the pillar-box, Westow Hill, about one o'clock.
CHARLES JOSEPH JAMES . I am an overseer employed by the Post Office, and stationed at the Norwood post-office—a letter addressed to Westminster and posted at Westow Hill pillar-box at one o'clock would be collected at three o'clock and taken to Anerley Road and dispatched at 3.15.
Cross-examined. It would go through several hands before it reached the S.E. district.
WILLIAM CLARK . I am inspector of the S.E. district office—a mail-bag dispatched from Anerley Road at 3.15 would arrive at the S.E. district about 3.54—a letter in that bag addressed to Westminster would be enclosed in a sealed bag and dispatched at 4.23 p.m.
Cross-examined. I cannot say that this letter was in that bag.
FREDERICK SAMUEL WILSON . I am inspector of the 8. W. district office—on 17th May one bag from the S.E. office arrived at 4.44 p.m.—a letter in that bag addressed to Westminster would be sorted and sent to Victoria Street, E walk, and would be in time for the delivery called the fours—it would leave the office at 5.30, and be delivered as near as possible about 6 o'clock—the prisoner was a first-class postman at that office, and was on duty on the afternoon of 17th May—it was his duty to deliver a portion of the letters at the 5 o'clock delivery in Victoria E walk—Peabody Buildings are in that portion, and the letters there should have been delivered by him; no one but him delivered there at that time—I know his writing; these receipts "A. James" on these orders are his writing to the best of my belief.
Cross-examined. I did not see him write it; I saw it in Mr. Ackhurst's hands—it is just a plain sort of schoolboy hand, an ordinary writing—I was never asked my opinion about it till this charge was preferred—sometimes postmen change rounds with each other, but they should get permission, or if they are found out they are punished—I do not think it was done on that day because we have his signature in the attendance book (produced) at what we call "the fours," for making that delivery—a postman might neglect to sign the book for two or three days and then sign it, but not to my knowledge; it is the overseer's duty to see them sign every day.
Re-examined. On 17th May he left the office by the book at 5.25, and finished the delivery at 6.40, and his signature is here, "A. E. Fribbins"—that is the delivery in which this letter should have been delivered.
ELLEN EVERETT . I am receiver at the Roehampton Street Post-office, Pimlico—on 20th May the prisoner came in in his postman's uniform, and presented this order—I am not sure whether it was filled up or whether he filled it up in my presence, but I paid it and retained it—inquiries were afterwards instituted with regard to it—on 21st June the prisoner came again dressed as a postman, and brought this other order, which he filled in in my presence, and signed the receipt—I filled in the name of the paying officer—some communication had been made to me,
and I took his number, 70 S.W.—after he left I spoke to Mr. Blentish, and next day, 22nd June, I saw the prisoner on his walk at Strutton Ground, Westminster, and identified him as the man who had presented the two orders.
Cross-examined. I am the only person employed at the office—my time is very much taken up, but it is not a particularly busy office—this order was issued three days before; we do not pay much attention to that so long as it is not more than three months old—a communication was made to me to know to whom I paid this order; I could not remember at first, but I afterwards remembered that it was a postman, and that I should know him if I saw him—that was a fortnight or three weeks after cashing the first order—it was just after 9 o'clock when he came in with the other order, and I recognised him at once—I did not think it worth while to ask him if he had been there a month before—he was dressed in his uniform the same as now, with his number on one side of his collar—he was not there more than three minutes—I am sure he wrote the signature there—Mr. Blentish came and made inquires about 3 or 4 o'clock, and I showed him the second order—I had not been told to keep a look out, but when the second order was presented by the same person, and signed at the same time, I took notice, and if Mr. Blentish had not come down I should probably have communicated with him—I allowed six hours to elapse; I had no instructions, and did not consider it my duty—if he had not come I might have communicated with some one else—I believe Mr. Blentish comes from the Private Inquiry Office—he took me to the walk to see if I could identify the prisoner.
Re-examined. Blentish was not with me when I identified him—I was to go and pick him out as I went along, and I did so.
FRANK CHARLES ALEXANDER BLENTISH . I am a clerk in the Confidential Inquiry Branch of the Post-office—it is part of my duty to investigate cases in which orders have been lost or stolen—I was instructed to investigate the complaint about this order of May 17th—on 21st June I went to Roehampton Street Post-office, where Miss Everett made a communication to me, and I made arrangements for her to see the prisoner next day—I was not present when she identified him, but I afterwards had him brought to the South-Western office; he was in uniform, with the number 70 S.W.—I said "I belong to the Post-office; your name is Arthur Edward Fribbins, I believe, and you are a first-class postman in the South-Western District office?"—he said "Yes"—I said "You have been identified by the receiver at Roehampton Street Post-office as having cashed two postal orders for 10s., one on 20th May and one on 21st June. The first order was issued at Westow Street, and on 17th May was enclosed in a letter addressed to Miss Fricker, 9e, Peabody Buildings, Orchard Street, Westminster; that letter has not been delivered, and you should have delivered it on the afternoon of May 7th; the second order was issued at Ludgate Circus on June 12th," and I showed him the two orders and said" How do you account for your possession of them?"—he said "I know nothing about them"—I gave him in custody—when he got to the General Post-office a little later on I asked him to write some signatures, and he wrote this (produced) in my presence; he first wrote the small "a" and then he was asked to write a capital letter—the greater portion of my official time is spent in looking at writing, and I have no difficulty in saying that the person, who wrote the receipts to
these two orders, also wrote this—I do not see how any one can fail to see it—a cigar case, several keys, a silk handkerchief, 117 stamps, and a meerschaum pipe were brought to me—I showed them to the prisoner, and asked him if he had any explanation to give of them—he said that they were given to him by his brothers or sisters, and that he had bought the stamps—some of them have been torn off letters.
Cross-examined. I know that from their appearances, they have part of the covers attached—I said nothing to the Magistrate about the brothers and sisters, I did not attach much importance to it—the information about the first postal order in May did not reach me till Jane—when an order is lost it is the duty of the overseer to call at the office and ask if there is any recollection of paying the order; he is not here, but there is an endorsement on the papers—when I went to see Everett I had not formed any idea that the prisoner was the culprit—the constable took her to his walk, and I was about 50 yards off when she identified him—I did not see her identify him, as there were a great many people in the street—I knew that she was identifying him.
WALTER HURST . I am a constable attached to the Post-office—I was with Blentish when he had the conversation with the prisoner at the South-Western office—I have heard his evidence, it is correct—I searched the prisoner's lodgings and found 117 postage stamps and the articles spoken to by Mr. Blentish, which were not new—the stamps appeared to have been taken off letters.
GUILTY. Recommended to mercy by the Jury on account of his youth. — Eighteen Months' Hard Labour.
There were two other indictments against the prisoner.
OLD COURT.—Thursday, August 5th, 1886.
Before Mr. Justice Field.
MR. BROXHOLM, for the prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
On both indictments MR. A. GILL, for the prosecution, offered no evidence.
NOT GUILTY .
MR. BODKIN Prosecuted.
ROBERT WHITBY . I am a surgeon, of 8, Crown Hill Villas, Willesden—some months ago the prisoner called on me in the name of Smith—he said he wanted medical relief, and wanted to consult me—I asked him what was the matter—he showed me; he was in a dreadful state of syphilis—I recommended him to the hospital, and gave him 2s.—shortly afterwards I received this letter from him, signed Smith, with an address inside—I answered that letter—on 28th June he called on me again; he wanted money, and asked why I did not write to him—I asked what he
wanted—he said he wanted 10s., and he said "If you don t give me the 10s., I will damage your character; I will accuse you of an unnatural offence"—I said that I would give him in charge—I gave him 5s. to keep him till the police came, he wanted 10s.,—the police came and I gave him in custody.
Cross-examined by the Prisoner. It is not two years since you first came to me—I never attended you—I did not tell you to write to me—I have not been in the habit of giving you money for the last two years.
JOHN WALKENDEN (Policeman X 409). On 28th June, about 3 p.m., I was called to Mr. Whitby's—he said, "I have a man in the surgery here come begging" (the prisoner was present), "he demands 10s. of me, and because I will not give him more than 5s. he threatens to accuse me of an indecent assault"—the prisoner said, "I will keep my own counsel"—I took him to the station—at the station he begged Dr. "Whitby to let him off and he would never trouble him again.
Prisoner's Defence. It is three years ago when I first went to Mr. Whitby. I asked him if he could do anything for me; he said he could. He attended me for about six weeks, and I paid him for the medicine he gave me. I went to him again, and he attended me. Some time ago I scalded my foot, and wrote to him. He did not answer, and I wrote another letter; he did not answer that. I then wrote him a sharp letter, telling him I did not think he was a gentlemen not to answer my letter. He answered that. On the 28th I went, and he gave me 5s. I said, "I shall be thankful if you can spare me a few shillings more." He said, "No, if you are not satisfied give me the 5s. back." I said, "No, I am not going to do that. "He said, "If you don't I will send for a policeman." I said, "Well, do, if you like."
MR. WHITBY (Re-examined). I have had no correspondence with the prisoner.
GUILTY .— Ten Years, Penal Servitude.
JAMES ROGERS . I am a confectioner, of 64, Watney Street, St. George's—on 17th July I retired to rest between 12 and 1 o'clock, leaving the premises secure—about a quarter past 6 in the morning I came into the shop, and saw some gingerbeer bottles had been removed, and the till was empty—there was about 13s. or 14s., in it—the ironwork underneath the shop window was forced open, and the wirework forced back large enough for a hand and arm to be put through—the till was drawn from its place about 18 inches nearer the front—I know both prisoners by eight.
CHARLES PRICE . I am a watchman, of 1, Angel Court, Cable Street, Shadwell—on 18th July, about 5 a.m., I saw the prisoners walk up to Mr. Rogers's shop—Vincent stood with his back against the shutters and Saunders knelt down and put his arm through the wirework with a bit of stick—he got up again, walked away, and came back with a hook in his hand—Vincent stood up against the shutters, and Saunders knelt down and drew something to him with the hook—he then took a white cloth out and threw it on the kerb—they then walked away—two or three minutes afterwards a constable came along, and the prisoners
slopped him and spoke to him—I afterwards picked out the prisoners from a number of men.
Cross-examined by Saunders. When I saw this I did not knock up the prosecutor and tell him—I did not know any money was taken.
JOSEPH SOPER (Policeman H R 32). On 18th July, about half-past 5 a.m., I was passing about 30 yards from the prosecutor's to go on duty, and saw the prisoners—Vincent said, "Joe will give you a light"—he knew me—I gave Saunders a match and walked away—I did not then know that anything had happened—some time after I went in company with Sergeant Smith, and saw Vincent in Watney Street; Smith apprehended him—on the evening of the 19th, going home from duty along Commercial Road, I saw Saunders in the Lord Nelson public-house—I told him I should take him into custody for being concerned with another who was on remand for breaking into a shop in Watney Street and stealing 14s.—he said, "Who is the man remanded?"—I said "Vincent"—he said, "All right, then, I suppose I must go"—he was placed with a number of others at the station, and was identified by the two witnesses—the charge was read over to him—he made no reply.
CHARLES NORWOOD . I am 14 years old, and live at 42, Market Buildings, Shad well—early on a Sunday morning in last month I was in Watney Street, and saw the two prisoners standing opposite the prosecutor's shop with two sticks in their hands—they crossed the road to the shop, then walked away, walked back, and went away again, and when I walked back I saw the wire bent and the money gone.
Cross-examined by Saunders. I did not go and tell the police, they came to me—they did not promise me 3s. 6d. a day to give evidence—I did not see you take the money—I saw the money in the till when I first passed—I could see it, being short, a taller person would not see it, and when I passed again it was gone.
GUILTY .— Three Months' Hard Labour.
MESSRS. HORACE AVORY and BODKIN Prosecuted; MR. WALKER Defended,
GUILTY .— Twelve Months' Hard Labour.
THIRD COURT.—Thursday, August 5th, 1886.
Before Mr. Common Serjeant.
806. HENRY QUINN (21) , PLEADED GUILTY to stealing a pony cart and set of harness, the goods of James Kelly; also to three other indictments for stealing other horses, carts, and sets of harness.— Eighteen Month' Hard Labour.
807. CHARLES CLARKE** (36) to breaking and entering the dwelling-house of James Onslow and stealing therein a coat and other articles, and 3s. 6d., after a conviction of felony in August. 1876, at this Court.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
808. CHARLES VALE (36) , to obtaining money from Messrs. Pontifex and Wood, and other persons, by false pretences, with intent to defraud; after a conviction of felony in December, 1884, at York, in the name of Charles Veal — Fifteen Months', Hard Labour. [Pleaded guilty: See original trial image.] And
MR. WARBURTON Prosecuted.
EDWARD WILLIAM WALLIS . I live at 70, Sherridan Street, Commercial Road, East, and am warehouse-porter to Megeson and Co., wholesale druggists of 14, Mill Lane, City—John Hugil is a partner—I have been there just on six years—it was part of my duty to go the Steam Packet public-house, Lower Thames Street, to obtain food for the other men—I went there as usual on Wednesday, 14th July, and saw the prisoner there; I had seen him three times before; he started talking something about horse-racing, and then came to my side and smelt me and said "Have you anything on you?"—I said "No, I don't know what you mean"—he said "Where are you working?"—I said "Megeson and Co., Mill Lane, Thames Street"—he said "Could you get me anything?. If you can I will make it worth your while, it doesn't matter what it is; can you get me any quinine, I think that is more expensive?"—I said "I don't know"—I arranged to see him another time—on the following Saturday I had a conversation with a man named Harvey, who is in my master's employ, and in consequence of that I made a communication to Mr. Hugil—I received certain directions from him and met the prisoner again at the Steam Packet on Monday at dinner-time—he said" Have you got anything with you?"—I said "No, I will see you another time "—he said "Try and bring something out with you if you can"—I said "I don't know whether 1 can or not"—I had seen Oldhampstead before that—the prisoner fixed Tuesday, the next day, for me to see him, and I went to the Steam Packet and saw him—he said "Have you got anything? "—I said "No"—he said "Can you bring anything?"—I said "No"—he said "Can't you bring me anything in here at five o'clock? I am known in here:" this was in front of the bar: "It is all right, people mind their business here"—I objected going to the Steam Packet—at five o'clock that day Mr. Hugil gave me three bottles of citrate of quiuine and one of chloral to take to the Boar's Head in Cannon Street, where he had promised to meet me—Oldhampstead followed me a little in the background—the prisoner did not come and I was going back and met him—we returned to the Boar's Head, and when we got inside he said "What are you going to have?" and called for two half pints of ale—he then said "Give us what you have got"—I gave him this big bottle—he said "Well, I have not got much money, but here is sixpence"—I then gave him these three bottles and he wanted to give me the other sixpence he had got, but I did not take it—I said I did not want to take the last sixpence from him—he said "That is the style, get me what you can, it is worth your while, it doesn't matter what it is"—he said he would meet me next day at the Steam Packet and see how I got on—I said "All right," and went back to work and told my master about the interview—I believe Old-hampstead was in the public-house listening, when I gave him the bottles—on Wednesday, at three o'clock, I met the prisoner at the Steam Packet public-house—he said "It is right oil"—I said "What do you mean?"—
he said "I never sold them, I took them but I could not get the price I wanted for them," and said he had left them at a public house in Mile End Road—on Wednesday, a week afterwards, he said "If you see anything on the counter and no one is there, whip it up and bring it round to me, I am always there"—I said "I will see what I can do—I went back and told my master—next day I whipped up these two bottles of sulphate of quinine and took them to the Boar's Head—he was not there, and I was coming back and met him at the statue in Cannon Street—we returned to the Boar's Head and he gave me a glass, and then he said "Come on, give us what you have got, have you got quinine?"—I said "I think it is"—he said "The others are all right, I left them down the Mile End Road, what time do you knock off work? I have got to go down there and I will meet you and take you down there"—he was then arrested, with the two bottles in his possession.
Cross-examined by the Prisoner. Wednesday was the first time I had spoken to you, I had seen you three times previously—I always used the same compartment, the one the two stools are in—there were sometimes stools in the compartment where you suggested this and sometimes there were not any—on this occasion I did not come into a strange compartment but into the same one—I don't know a young man named Alfred—there was only one man there—I did not say to Alfred or to you "What are you going to stand?"—on the Tuesday you said if I had got anything, I could leave it behind the bar at the Steam Packet—I said "No," I did not like leaving things there because the men of the firm used that house—you made the appointment to meet me at the Boar's Head and you were not there, and I met you coming along King William Street—I did not come to the house in Thames Street to find you and call you out—I did not say at the Boar's Head "I have got this for Alfred, but you can have them, take them and do the best with them, and I will see you to-morrow morning"—I said I was hard up and you gave me sixpence—on the Wednesday you met me at three and you asked me to meet you again at five o'clock at the Boar's Head and bring them there and give them to the barmaid—I said I did not like to—you said "Well, take it to the old shop," that is the Steam Packet—I met you in King William Street carrying some flowers and a pine apple, and accompanied you to the Boar's Head, and I gave you these two bottles there, and when you got outside the policeman took you—you appeared to be half-drunk—I swear I never had a conversation with you before the Wednesday—I told you about my employer's place not being insured, but I did not say it was because the drugs in it were liable to fire, they would not insure them—I did not tell you about one of the men giving me some of their cast-off clothing, and I did not tell you I lived in Stepney and had a wife and child; I have a wife but not a child, but I did not tell you that—I have on one occasion given the barmaid some sweet-drops from my establishment, I do not know their names—the sweets belonged to my employers, but we are allowed a few if we ask for them—I was there once when a man sold an organ, but I did not tell you I had a thing at home to sell which had taken me many years to make—I have got nothing at home which I have made.
give him these bottles which I marked—I then went with another officer to the Boar's Head and remained there till 5.30 and then saw the prisoner and Wallis come in and saw him give the prisoner these bottles—on the Wednesday I marked these bottles and then went to the Boar's Head and saw Wallis give them to the prisoner, they had some conversation together and I then went up to the prisoner and said "We are detective officers, we are going to take you into custody for inciting a lad to steal from Messrs. Megeson and Co., wholesale druggists; what have you about you"—he said "I have nothing"—I said "Where are those bottles this lad gave you?"—he said "I have no bottles"—I felt his pocket and from the outside I felt them—I said "Who is that lad that left you?"—he said "I shall answer no questions" or "I shall give you no explanation "—at that time he had a pine apple—I took him to the station and saw these two bottles taken from his coat pocket—I had information through Wallis that the other bottles could be found at a tavern in the Mile End Road and I went and fetched them—the barmaid is not here—the prisoner gave his address in Brick Lane, I inquired and found he was not known there.
Cross-examined. You said you lived in Brick Lane, but did not give any number, you also said your brother lived in Brick Lane, I went and saw him and he said he had given you 5s. a week to keep you out of trouble, and he did not want to see you any more, as you had cost him too much money now—I have made no inquiries about you except at the public-house where these things were, and they knew nothing about you except that you lived at some coffee-house somewhere.
HENRY ERNEST ATTWOOD . I am a partner in the firm of Hugil, Megeson and Co., wholesale druggists, Mill Lane—on Tuesday 20th July I was present when Mr. Hugil gave Wallis these bottles of the firm to take to the prisoner—these four are worth 12s. 6d., and these two 10s.
The prisoner in his defence stated that Wallis had frequently thrust himself into his society, and that he had had to go into another compartment to get out of his way, that he had brought him sweets and handed him these bottles, but if he had known they were stolen he should not have taken them there and then stood in front of the counter, he also stated that he was not sober at the time.
GUILTY .— Ten Months' without Hard Labour.
OLD COURT.—Friday, August 6th, 1886.
Before Mr. Recorder.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. BESLEY Defended.
HARRY KING EVANS . I am an accountant in the office of the Receiver of the Metropolitan Police—from March, 1882, down to June, 1886, the prisoner was chief clerk at the Hammersmith and Wandsworth Police Courts—it was his duty in that capacity to receive the fines that were imposed at those courts—the dealing with those fines was governed by some regulations by the Home Office and I have here a copy—the prisoner would pay in a banking account the moneys he had received in the course of each month—for the Wandsworth police-court a banking account had been opened at the London and South Western Bank; that
would be kept in the name of the chief clerk for the time being, in accordance with the provisions of 29 and 30 Vic. c. 39, sec. 18—for the Hammersmith police-court an account was opened at the London and County Banking Company, in the same way and under the name restrictions—according to Rule 7 of the regulations it was the prisoner's duty in the first seven days of each month to make up his account and draw a cheque in favour of the Governor and Company of the Bank of England, and pay it in to the account of the Receiver of the Metropolitan Police at the Bank of England—he would also make out a return showing the amount he had received and paid at the end of each month—that would be made up in the first week of each month, and would have reference to the month immediately preceding—in the return of the Wands worth police-court for April I find the net receipts as carried out in the prisoner's handwriting and signed by him amount to 77l. 11s.—on 7th May I find this cheque for 77l. 11s. drawn by the prisoner in favour of the Governor and Company of the Bank of England—that was returned marked, "N. S." in the first instance; in consequence of that the prisoner was communicated with by the officials, requesting an explanation, and on 15th May he replied stating that the letter should receive his immediate attention—on 20th May he was written to again requesting that the fines be paid without further delay, in answer to which he wrote on 22nd May stating that he was devoting a large amount of time to the matter, and would use every effort not to defer it—on 26th May there is a memorandum showing that the cheque was presented a second time——on 27th the prisoner wrote that if the cheque was presented next week he was in hopes it would be met—on 4th June I went to Wands worth, having received instructions to do so, in the meantime the cheque not having been met—I saw the prisoner and said I was desired by the Receiver of Police to see him with reference to this cheque which had not been met, and to ask him whether he could explain it—he said that he had been trying to discover how it was, and he showed mo a mass of figures that he had been going into, extracted from the books, and he could not understand it—I asked him to show me the books; he did so, and I then tested them as far as I was able—this is the cash book that he showed me; I examined it, both for April and May—the deficiency for April was 77l. 11s., for May the net receipts was 42l. 10s. 6d., making a total of 117l. 10s. 6d.—I went on to examine what amounts he had received in June down to between the 1st and 4th—I found he had received about 16l. 10s. for the first four days of June—I asked to see the pass book; he showed it me, I examined it—he said he had about 16l. in his safe, I suggested that he had better pay that into the bank and then have the pass book made up—he did that, it was sent by a messenger, made up and brought to me, and I examined it—the 16l. appeared to have been in hand, or something equivalent to it—it was only a preliminary examination on 4th June—on 7th June I had the pass book and all the books sent to me, and it was then that I ascertained what the actual deficiency was, but on 4th June I roughly ascertained it to be about 50l.—I said to the prisoner that there appeared to be a deficiency of about 50l.—he said he believed it was about that; that he could not understand quite how it was, he was investigating it—I then suggested whether it would be better to pay the amount in to his account, and if on investigation it was found to be an error in the books it might be repaid to him—he said
he thought it had better be ascertained first—that was substantially all the conversation on 4th June—on the 7th I made an investigation into the books, and then discovered that the exact deficiency was 52l. 17s. 4d.—the difference between the amount shown in the cash book and pass book was paid in to the bank—on 7th June I went to Hammersmith and saw the prisoner with reference to the fines account there—I told him I had come to examine into the Hammersmith account—he produced the books and gave me every assistance he could—the result of my examination was that he was deficient 57l. 16s. 9d.—he had made returns for April and May; the fines for April had been already paid by that time—the May account shows the net receipts to have been 108l. 7s. 1d., which tallied with the cash book, but on audit subsequently he had paid 1s. too much—only 63l. 8s. had been paid over to the receiver—the deficiency between those two items was 44l. 18s.—he had some small amounts in hand amounting to about 19l. 11s. 3d., which he paid into the bank; that was between the 1st and 7th June—after paying that amount into the bank there was 6l. 16s. 6d. standing there to his credit—14l. 13s. 3d. was what he had to account for, the deficiency was 57l. 16s. 9d.—I mentioned to the prisoner the amount of the deficiency; he said he thought it was about that, but he was still pursuing his investigation, that he had been very much pressed with work and had not been able to discover how it had arisen—with reference to the stamps account I think he was supplied with 70l. worth of stamps for both Courts, not in money—as he used those stamps for the purposes of the Courts it was his duty from time to time to replace them by others, or to have money in hand for that amount; I think that was his duty—the prisoner succeeded Mr. Leigh, who was chief clerk up to 1882—there was an interregnum in which Mr. Newton acted as chief clerk; the prisoner succeeded Mr. Newton—this (produced) is a book supplied for the public service; it is marked "Stamps" outside, and on the first page are the words, "Stamps account, amount allowed for working the two Courts 70l." and immediately under that are initials which I believe to be the prisoner's—under the date of March, 1882, I find worked out in detail how the 70l. worth of stamps came into his possession—on the next page I find in the prisoner's handwriting a grand total of 70l. in hand on 2nd March—this book was produced to me in the course of the investigation on 7th June—here is an entry in it of 1st February of money and stamps to the value of 11l. 10s. given out to the officials of the Court, for which they would be responsible to the prisoner, leaving a balance in the hands of the chief clerk of 58l. 10s.—on 7th June I asked the prisoner to produce to me such stamps as he had in hand, and he produced 90 of 1s. each and eight half-crown stamps—I made the deficiency 53l.—I said to the prisoner, "It appears to me you are short in your stamps 53l."—he said he believed it was so, he could not account for it, and he also said he was investigating the matter—that was substantially all he said.
Cross-examined. I may have seen the prisoner before the 4th of June, but I should not have recognised him—I had no communication with him till I went on 4th June—police court accounts are examined under my direction, I have a supervising knowledge of them—there was a Treasury letter of June 6, 1882, at the police-court authorising something that had been approved of by Mr. Lushington in the Secretary of State's office. (This related to the chief clerk paying money into a banking account)—
these books are authorised to be kept under the Summary Jurisdiction Act, 1879—there are several books to be kept in accordance with the minutes—since the Summary Jurisdiction Act, 1879, there is considerably more work to be done in the way of bookkeeping than before—I know by the forms that different claims arise in respect of the fines or costs—I cannot answer about details, they are gone into by other members of my department—to my knowledge there is no cheque drawn on the banking account for any private purpose—I was not directed to audit the official account—I have a general audit, but I examined the pass book in this case, and I may say generally I should think there was no such cheque drawn—the salaries are paid by our department, and I know by his came that the prisoner has been more than twenty years in the public service—I found the cash account was correctly entered, the prisoner was most correct—within seven days after the termination of each month the chief clerk should submit to the receiver on this form C a return of all fines received, and all persons committed to prison—this is a return showing the fines sent to the receiver, and shows that he received during the month 3l. 4s., and had to make payments in respect of it of 8l. 19s., and so he deducted 15s. at the bottom of the account, and that deficit, 15s., means the difference due to him—the receiver can audit from C by looking at it and comparing it with the magistrate's notes of his decisions with the fines imposed and the costs—fines paid after persons have gone to prison are received by the governor of the prison, and are paid only by him to the receiver—the Metropolitan Board shares can be paid out of current fines—some of them are claimable from the chief clerk, they are not often large sums, sometimes 60l. or 70l.—the chief clerk's account is always a running one, at the end of every month he has to pay over—the minute that bankers may pay over without a cheque at the end of every month has never been acted on, it is never done in that way—the prisoner's banking account since his suspension has been continued as the account of the police-court, the acting chief clerk operates on it—no new account has been opened since his suspension—I think the Hammersmith account was opened in December, 1882, when the prisoner was chief clerk; there was no official banking account prior to that, and the same with regard to the Wands worth account—I should think all moneys were left in possession of the clerk who drew on the account for stamp money, there would be nothing irregular in that—the money went into the banking accounts—the credit for stamps is limited to 70l., and if the stamps were burnt, lost, or misused, the chief clerk would have to make them good—in this case every shilling of the 70l. deficiency has been paid into the Receiver's account and made good—the Receiver his nothing to do with, the audit of the stamps; I was sent down by direction of the Home Office to inquire into it, and I asked the prisoner whether he would show them to me, and he did so at once—they would be under the chief clerk of accounts in the Inland Revenue department, Somerset House—it does not fall within our duty—if the chief clerk resigned he would have to account to his successor, who would not take the burden of the 70l. debt unless he had the value—the mixture of money of the stamp account has been going on since 1872, as far as the bank is concerned—the stamps vary in amount from 1s. upwards—one of these books refers to the Hammersmith account, and the other to the Wandsworth account—the books were in this condition when given to me, they contain vouchers of the persons who
have received the stamps—he told me that he had been unable to discover that any deficiency had arisen—he gave me every facility in examining any books and papers and answered any questions I put to him—I noticed some corrections had been made in the pass-books—I noticed to some extent the amount of returns of the fines and receipts of every month, comparing it with the balance at the bankers at the end of every month, without taking into account the feeding of the account with moneys paid in in the first seven days, but it is not altogether a fair test—I believe if I struck the balance at the banker's at the end of each month the deficiency would be sometimes more and sometimes less, because he might in the last day or days have heavy fines imposed which he might not have time to pay in, or the cheques might not be cleared by the end of the month, and therefore it would not be a fair test—the prisoner would not pay the working expenses of the Court, he would pay costs of complainants and so forth—he was allowed 80l. or 85l. to cover the whole of his travelling and other expenses, and that was paid once a month to him by the Receiver of police, and he would not have to pay anything for that himself—I know the business at the Courts has increased very much, from the trouble it has given our auditors—under date of December 12th, 1883, it was discovered that another person's cheque had been charged against the prisoner and his balance diminished by an error of the bankers—I did not investigate all those entries—he showed me pages and pages of figures which he had prepared for the purpose of trying to discover the cause of the deficiency—I don't know that he said he had been working at it for months—he said he had been taking books home, and that he was very much pressed owing to the absence of the second clerk, who was away—I believe the second clerk had gone there recently—undoubtedly there was very great pressure on the prisoner, and there would be immense pressure on the prisoner if a new hand not acquainted with the machinery of account keeping, was put in as his assistant—on 4th June I knew the deficiency was about 50l. with regard to one Court—I went into it independently of him, he admitted it was about that he was investigating the matter—the police-court proceedings commenced on 20th July—I did not give him any figures of what ought, to have been paid to the Receiver till I went to the Court and stated them on oa'h, and he did not know then to a penny what it was—by rule 19 as to fees if a person takes out a summons for assault and the man is fined 2s. and pays it, he would have a right to take 2s. from the chief clerk without anything going into the banking account—I made no inquiry as to whether the prisoner had been living extravagantly, I was only requested to investigate the accounts—I believe he had a family of children ill with scarlet lever, and was not allowed to come into a public office for some time.
Re-examined. For all moneys received for fines he would enter in the cash-book of the Court the name and amount of the fine—the payments he makes are connected with the legal business, not expenses of the office—at the end of the month he always makes the summary in red ink; thus in April there are the receipts in different columns, and then the gross receipts, and then the payments—77l. 11s. is the net receipts, and he would draw a cheque for that and report it—seven days are allowed so that the money up to the end of the month shall be paid into the bank before he makes up his account, and to give him true to make it up—
a receivable order has to accompany the cheque, it is an explanation of it—the cash and pass book are counterfoil books—they are under the chief clerk, and he can manage it his own way—all we look at at the end of the month is to see that correct amounts have been entered—I think his salary was about 400l. or 410l. at the time of his suspension.
H. P. NEWTON. I am now chief clerk at the Greenwich and Woolwich Police-courts—both courts are taken on the same day—formerly I was second clerk at the Hammersmith and Wandsworth Police-courts, and during the illness of the late chief clerk, Mr. Leigh, I did the duty of chief clerk—he died on 10th February, 1882—the prisoner was appointed on 8th February, 1882, and entered on his duties on 1st March, and it then became my duty to account to him for the 20l. the imprest—this book in the prisoner's writing shows the mode in which I accounted to him for the 20l.—there is "Hammersmith, handed me by Mr. Newton," and then so many stamps and cash, and then "Wandsworth, handed me by Mr. Newton," and stamps and cash, the two together making 70l. altogether—at that time some of the stamps were in the hands of some of the officers of the Court, and are all accounted for—for two or three months in the autumn of 1882 the prisoner was away, in consequence of the illness of his family—I then took over the duties of chief clerk—he accounted to me for the 70l., and when he returned to his duties I passed over the 70l., and he started with that sum again—those entries are in the prisoner's writing, "Total imprest, 70l.; in hands of three officers, 11l. 10s.; balance in hands of chief clerk, 58l. 10s."—it would be in the discretion of the chief clerk to keep money and stamps in the safe or to pay it into the banking account as he thought most convenient—the practice is as stamps are sold to the public and money comes in, he buys more stamps when he wants them with that money, and so keeps up the working of the two.
Cross-examined. There is always a debt of 70l. to the Receiver for stamps—there is no time for demanding back the payment of that 70l. until his death or removal—I have had 15 years' experience of police-courts—I was 11 years at Hammersmith as second clerk before Mr. Leigh was ill—the business there was always heavy—when Wandsworth was taken, in the morning the business was so pressing that they seldom got their summonses reached—it is three miles and three-quarters from Hammersmith to Wandsworth, and the prisoner would have to walk to Addison Road, then go to Clapham Junction, and change there for Wandsworth—since Hammersmith was made the morning court I have not got away from there till 5 o'clock on some days, and the Magistrate is sometimes kept at Wandsworth till 7 o'clock at night, and it was not unusual to be there till 6 o'clock—I consider there is immense pressure on the clerk to work the two Courts—I suggested it would be well if the junior were to go to Wandsworth and the chief clerk limited himself to Hammersmith—the young gentleman who came as second clerk had no experience of police-courts—the prisoner told me he would have no leisure if he did not take depositions—it takes a trained man to take depositions to enable the Magistrate to get rid of the business—making up the returns and the books would take about half an hour a day at each Court—the clerk would do those for each day on the following day—we have frequently had 46 charges and remands at Hammersmith and about half that number at Wandsworth I should think—summonses run
up to 43 and 58 occasionally, without those of the School Board—I have an official banking account—I mingle the stamps money with the money of the fines, and so forth—I pay in once or twice a week—sometimes the claims of fines to the Metropolitan Board amount to 70l. or 80l.—in some cases a person is entitled to a half, and sometimes the Board is entitled to the whole—we enter them all in one book, and that shows what amount we pay away to the local boards and so forth—at the time Gunner was absent through his family having scarlet fever, there was no official account at the banker's, but the books were the same, and we retained moneys in our own hands till the end of the month, when we paid them over within seven days of the following month—I have sometimes left Mr. Gunner attending to the Court later than I have—I used to be very late sometimes.
Re-examined. I have two Courts to work, and find no difficulty in keeping the accounts—Mr. Gunner was a methodical man, and a very good accountant.
By MR. BESLEY. The work at Hammersmith and Wandsworth was much heavier than the work at Greenwich and Woolwich.
ARTHUR TILLY . I have been assistant clerk at Hammersmith Police-court since March, 1882—these initials "J. J. G." to the stamp account are the prisoner's—he used at times to leave stamps in my hands to sell if he were absent—in February this year I had 8l. worth of stamps—they were renewed from time to time—as I received money I handed it to the prisoner for fresh stamps, and so I kept account with him—requisitions were used to get stamps from Somerset House—there are two such requisitions signed by the prisoner, dated 31st May and 4th June—the 31st May is for 20l. 10s., and that for 4th June is 22l. 10s., making 43l. together—these two cheques in the prisoner's writing correspond with those two sums mentioned in the requisition, and are made payable to the Receiver-General, Somerset House Stamp Office—that amount of stamps would probably be bought, because that would be the amount of money forthcoming at the time—in April, I think it was, the prisoner said to me that he had lost some stamps to the amount of 4l. or 4l. 10s., and that he must have done so bringing them from Hammersmith to Wandsworth—he never referred to it afterwards that I am aware of.
Cross-examined. The requisition is in the prisoner's writing—previous to 1st February I only had 4l. 10s. worth of stamps, and after that date the prisoner increased it to 8l., because the chief usher up to that time had had 10l., and he had then handed it back to the prisoner—from that time I would have more money and less stamps, or less stamps and more money—they were used every day in large numbers—I go to both courts as a rule, and the prisoner did so too, as a rule, I think.
FREDERICK TILLY . I am chief usher at the court—as the assistant clerk is named Tilly also I am called Allen—I see in this stamp-book, "Allen, 2l., F. Tilly"—the prisoner gave them to me in the beginning of February, 1886, to be used in case of necessity—that amount has been in my hands up to the present time—as I used the stamps I took the money to the prisoner and received stamps, keeping up the 2l. worth—I remember, about twelve months ago, the prisoner telling me he had lost some stamps, and two or three days afterwards he said he had some good news to tell me, that he had found them—with that exception I never heard of any stamps being lost.
Cross-examined. Sometimes in the evening, when the light was bad, and if the business was late, a 2s. stamp would be put on in mistake for a 1s. one, and so now we have no 2s. stamps, but put on two 1s. ones—that mistake occurred very seldom—there was no book kept showing what stamps we had—I believe 10s. or 10s. 6d. stamps are required for deserted tenements—the business of the two courts have occupied till late in the evening.
Re-examined. If I made the mistake of putting on a 2s. stamp instead of a 1s. I should be the loser.
ALFRED TERRY . I am messenger to these two police-courts—I recognise my signature here as receiving 1l. 10s. in stamps in February this year—I kept them in my hands, renewing them from time to time—I went to Somerset House, taking the requisition written by the prisoner, to obtain the stamps—I went there on 31st May and 4th June this year with these requisitions and received the amount of stamps given in the requisitions—I handed the stamps to the prisoner.
Cross-examined. I daresay there would be 200 documents requiring stamps between 31st May and 4th June—there would be on an average over 20 summonses at Hammersmith and 10 at Wands worth requiring stamps—the use of stamps was considerable—I received these cheques and got stamps for them.
AUGUSTUS BRIEN HALLE . I have been second clerk at Hammersmith and Wandsworth Police-Courts since August, 1883—I am the gentleman who has been called the "raw hand"—for the last six weeks I have been doing the duty of the chief clerk alone—when I was there in 1883 the prisoner was chief clerk—he kept the bank books in the safe—I assisted him a great deal with the accounts—the cash book was the only book in reference to the banking account—he almost always made up the summaries himself—I heard of no stamps being lost—I had no stamps myself, I had nothing to do with them.
Cross-examined. Prior to 1883 I had had no experience of police-court work—I had seen plenty of depositions at the Home Office—the prisoner generally attended on the magistrate at both Courts, not always—the court frequently sat till between 6 and 7, and exceptionally after 7—Wandsworth would sometimes not begin till 4 o'clock—I was absent for some time in May this year as my father was dying.
ALFRED TERRY (Re-examined by MR. BESLEY). I have gone through the books to see the business done between 17th May and 9th June, and it is a fair sample of the business done at the police-courts as regards the summonses for which stamps are needed. (MR. BESLEY read a list of the number of summonses at Hammersmith on different days, also read a list of those at Wandsworth.) Each summons represents a 2s. stamp—stamps are used for persons who are bailed, and for persons bound over to appear a 2s. 6d. stamp is used, while for a person bound over to keep the peace a 2s. stamp is necessary—pawnbrokers' affidavits are 1s. stamps—all those are in addition to the summonses.
The Prisoner received a good character.— NOT GUILTY .
There was another indictment against the prisoner, which was postponed to next Session.
GEORGE JAMESON . I am one of the firm of Jameson and Stanham, auctioneers and surveyors, Putney—I know the prisoner—in December, 1880, he called at my office, and produced some plans of some property in the neighbourhood of Rugby and of Guildford—he told me had a share in these properties and he proposed to offer them for sale, and wanted to know our terms—I gave them to him and he said he proposed to get the consent of the other parties to offer them for auction—he ultimately said if we would advance him a little to take him down to Rugby he should be glad, and I advanced him 2l., for which he gave me this I O U—I believed the prisoner's statements or I would not have made the advance—I saw nothing more of the prisoner, but received several letters from him, putting off his appointment to pay the money, and a messenger called once with a letter, asking for more money, which I declined to give—the I O U was written on a printed form, similar to the one produced. (This was a printed form requesting the tenants to pay their rent at the Plough Inn, Morton, on Monday next.)
DAVID ROBERT HUNT . I am an auctioneer, and live at 2a, Chepstow Place, Bayswater—on 13th June, 1884, the prisoner called at my office with a card of introduction, with an idea of coming into partnership with me, that took me off my guard—he said he was a surveyor and had offices at Benerley Road, Wandsworth, and at Rugby; that he was the surveyor of large estates in Warwickshire, for which he received 400l. a year; that he employed his brother principally to do the work at the Rugby office, and gave him 150l. a year; and that his enquiry was really more for his brother than himself, he should like to put him in a better position—he also said he was the receiver of some family property, and later on they would divide the estate among the family and sell it—he called again on Saturday, 21st June, and said that he had consumed with his brother, but that he did not think he would entertain the idea, but he would use his influence with his co-trustee, Mr. West, who lived at Exeter, to sell the estate; that he was rather short of money till the half-yearly audits, when the rents were collected, and asked me for a few pounds to assist him—I replied I should not like to do that unless I knew something more about it, and he then suggested that I should go to his office and see the plans and particulars, and afterwards he suggested that I should meet him half way at Battersea Bridge and he would bring the plans—I met him at an hotel at Battersea, and he brought plans like those produced, which I believed to be genuine, and to refer to a genuine estate—on the following Monday I gave him 10s., and on July 18th another 10s.—I believed the statements he made—he said the matter had improved then—on Bank Holiday, August 4th, he called and asked for a few pounds, as his brother had been ill, and I think he said he was dying, or just dying—I gave him 1s. then, being Bank Holiday I could not get any money out, as he wanted to go to his brother's funeral, and next day I gave him 1l. 18s. 6d. to pay his expenses—this is the correspondence between us (produced)—I advanced him a further sum.
BERNARD ELIOART . I am an auctioneer and estate agent, of 1, Stuart Terrace, Bayswater—on 1st February this year the prisoner, who was a stranger, called on mo (prior to that I had received a letter from him
from 260, Common Road, Battersea)—he told me his name, and said he was connected with some property in Warwickshire, and was in receipt of a salary of 150l. a year as agent for collecting rents—he produced plans and schedules as to the value of the land—he said it had been valued for probate, and it would get that money at a sale, and his family thought they would sell it—the estates were shown on different papers; one was at Morton Lapworth—I discussed the matter with him at some length, and afterwards received the letter I have here—he said there were so many people connected with this estate whose consent he should have to ask, but he should have no difficulty except with Mr. West, his co-trustee, who either lived at Bristol or Exeter—after some interviews he wanted to go to Bristol to see his co-trustee, Mr. West, and asked me to advance him some money—I hesitated, and then, concluding it was all right, and believing; the statement he made, I lent him 30s.—he said the fare was 15s., and he should want some more to keep him while he was down there—he gave me this I O U on this printed form. (This informed the cottagers that he should attend at the Glover's Arms to collect their rents.) I received these two letters from him. (The one of 27th stated that Mr. West was still ill, and he was unable to get instructions).
WILLIAM HERBERT DAW . I am a member of the firm of Herring, Daw, and Co., auctioneers, of 52, Coleman Street—I first heard of the prisoner by a letter on the 19th, and after that I saw him, and he said he was interested in large property in Warwickshire, near Rugby, and was in receipt of a salary of 150l. a year for the management of that; that he had the power of giving it to any auctioneer to dispose of, as a large part would be put up for sale shortly—believing his statements I lent him 5l. on one occasion and 4l. on another—on 17th November I received this letter. (This stated that he found his friend West quite unconscious, and that next day he quietly breathed his last.)
JOHN M. MILNER . I am an auctioneer, of 54, Cannon Street—in January this year the prisoner corresponded with me—he said he had command of the sale of a large estate, and was desirous of placing it in the hands of the office—I believed his statements, and advanced him 2l. to take him to Exeter to see Mr. West as trustee to the property—in the course of the correspondence I received this letter of 1st December. (Asking for the matter to stand over, as there was very little hope of Mr. West's recovery.) There is also a printed letter, stating that he would attend at the Plough Inn to receive the rents.
JOHN PALMER (Superintendent of Police at Rugby). I have been at Rugby 10 years—I do not know the prisoner as an inhabitant of Rugby, or acting as a surveyor or otherwise; I know nothing of him—there is no estate there belonging to Mr. Henry Bromwich—there is no such estate at Hill Morton—there was an inn at Hill Morton called the Plough, but it has been closed 10 years—there is no inn called the Glover's Arras.
THOMAS ERNEST BROMWICH . I am an auctioneer and estate agent at Rugby, and have been in business two and a half years, and my father for 50 years before—during that time the prisoner has not curried on the business of an auctioneer there, nor to my knowledge has anyone of the name of Bromwich either at Lapworth or Hill Morton—Hill Morton is two miles from Rugby and Lapworth is 20 miles.
WILLIAM CRANE (Policeman). I received the prisoner in custody on 3rd July—I told him the charge—he made no reply, but on the way from Battersea to Sloane Square he said he had had the money for expenses; he must admit that he had committed fraud, and he could not face those gentlemen again—I afterwards went to the house in Barclay Road; it is now unoccupied—I saw no sign of an auctioneer having carried on business there.
Prisoner's Defence. I admit having the money from these prosecutors, and they hold my I O U's for them, and if they had waited I should have paid them, but I never admitted the fraud; I never said I received 400l. a year as agent, and I did not mention Hill Morton; it was never mentioned in the correspondence; I never committed a fraud.
GUILTY *.— Eighteen Months' Hard Labour.
MR. MATHEWS stated there were many other cases against the prisoner.
NEW COURT.—Friday, August 6th, 1886.
Before Mr. Common Serjeant.
MR. BROWN Prosecuted; MR. FLEMMINING Defended.
The prisoner received a good character.
NOT GUILTY .
MR. FILLAN Prosecuted; MR. KISCH Defended.
THOMAS PAULIN . I am a solicitor, of 2, Fenn Court, City—early in February the defendant called on me and produced this prospectus. (A first mortgage debenture of the Freehold Dry Dock Company.) He said "I am the owner of this property, the Rosherville Graving Dock, and I want to sell it; I gave 12,000l. for it, and I want to form a company"—he called again a week or two afterwards, and said that he had had a fire at his place the night before, and would I let him have 2l. or 3l., as his children were running about naked—I advanced him 5l. by this cheque (produced), and he gave me this receipt, dated 3rd April—on 28th April he signed this charge on the docks for 35l.—I had advanced him 2l. 2s. on 30th March, 2l. on 7th April, 1l. on the 10th, 2l. on the 15th, 3l. on the 17th, and 3l. 18s. on the 22nd, that makes up the first 20l.; there was also 2l. on 30th April, 1l. on 4th May, 2l. on the 8th, 1l. on the 12th, 2l. on the 15th, and 3l. on the 22nd—I lent him those sums because he stated that this property belonged to him; these are his receipts—I went down with him to see the docks, but the man refused us admission, saying that the prisoner owed him three weeks' wages—the prisoner said he would go there next day and take a pick-axe, break the place open, and chuck him into the dock—he called on the following Tuesday and told me he had taken a pick-axe and broken the locks off and turned the man out, that it had cost him 2l., and he borrowed 2l. for it—on 22nd May, 1886, he signed a further charge in my favour to secure 50l., and afterwards brought me this memorandum of sale of the premises from Edwards and Co. to blank—I asked him why Edwards and Co. were put there as vendors—he said "Oh, it does not matter, it is all one; I put it in for convenience"—I said "I shall see Mr. Edwards before I go any
further"—I saw him, but I did not take these proceedings in consequence.
Cross-examined. I have had 12 years' experience as a solicitor—the defendant came to me early in February, and from then to the date of the last charge was a little over four months—it did not strike me as strange, that being, the owner of property worth thousands of pounds, he should want to borrow 1l., 2l., and 3l.—he came to me as an absolute stranger; he simply mentioned a gentleman's name—he brought the prospectus when he first came, and left it with me for some time; no money passed then—I did not think of becoming solicitor to the company—I have not ascertained that before he was ejected he held the lease of these docks for over 40 years—I have heard since that he was the owner of the lease before he came to me—he told me that he had had a fire, and that the furniture was settled on his wife and children, and Mr. Horn was the trustee of that settlement—on the first advance I said "I decline to advance you any money till I get a guarantee from Mr. Horn to pay me out of the insurance money"—he said "Here is a letter from Mr. Horn"—that is dated 19th March—the first receipt is for 5l., dated 27th March, and there is a receipt on it for another sum in April. (A letter from Mr. Horn guaranteeing repayment of 50l. was here put in.) The total money I advanced him was 31l. and the expenses—my advances up to 22nd April came to 20l., I then asked him for a charge, and took this charge for 35l. for what it was worth—I wanted 15l. for ten weeks—the document is in my head clerk's writing, Thomas Cook; he is here—I was present when it was signed; I read it over twice before it was signed—I have never seen a letter with reference to a bill of sale, that I am aware of; I might have had one—I knew before 28th April that there was a bill of sale on the machinery, and one on the defendant's furniture, but he told me they were both paid off, and I might go and see Colonel Hunter and ask him—he did not write me a letter—I mean to tell the Jury that on 28th April I believed that the machinery was unencumbered—I believed at that time the property was his, and unencumbered—he told me the machinery cost him between 12,000l. and 13,000l.—I believed it when he was borrowing sums of 1l. and 2l.—I made no inquiries up to 28th April—from 28th April to 22nd May I advanced him 11l.—on the 22nd May 3l.; up to that date he had had 31l.—the second charge includes the amount of the first—I had a charge on 31st April for 35l.; on 22nd May, the date of the signing, for 50l.—the 28th April the charge was invalidated, one superseded the other—he did not ask for the first charge to be given up—it was not my intention to endeavour to get from him the 55l. and the 50l.—I never intended to use the first charge against him—I never asked 85l. for 31l.—my clerk wrote out the two documents—the prisoner did not appear in any particular distress; he appeared to have recovered from it—I did not know he had entered into an agreement with the freeholders of the Rosherville Wharf to purchase it for 30,000l.; I did not hear of it—I heard one of my witnesses say at the police-court that he had paid 600l. as a deposit on the contract—I heard from him that he had entered into a contract for purchasing it—he said when he came in February that he wished to sell his contract and whatever interest he might have—he said "I want to get up a company to float this; can you do anything with it?"—I did not say I knew some brewers who would find the 35,000l. nor anything
f the sort, I am certain—my brother is a brewer, and the member of a firm of brewers—I swear I did not say to the prisoner "My brother who is a member of a firm of brewers will find the 35,000l. for the purchase of this property"—he could see my brother's name on the boards—the name of the firm is Mann, Crossman, and Paulin—I did not mean that my brother would find the money—I did not contemplate being solicitor to the company; it never entered my mind; nothing was done—I drew up a commission note representing the prisoner as owner, as he said he was—the prisoner did not sign it; he said he would at first—this document: "Re the Rosherville Docks, Kent," was written by my clerk at my instructions. (This was to the effect that Charles Cullen, as owner of the docks, entered into an arrangement that in consideration of the witness Thomas Paulin promoting a Company for carrying out the work and procuring money he agreed to pay him a commission of 10l. per cent, on all capital raised in addition to professional charges. It was unsigned.) I did not draw that and am not responsible for it; it was not directed to me, that is a mistake in that copy—I did not put it in at the police-court—it was to be directed to some one else—Mr. Powell, who appeared for the prisoner, put it in—I repudiate it—it was not drawn up by my sanction—I saw it afterwards, and that is all I can say about it—the prisoner said "Let me take it away and have a look over it; I don't like to sign anything in a hurry"—I was not given in April the order of the Chancery Division ejecting the defendant from the premises in June, 1885—one of my witnesses produced this document at the police-court—I first heard of the ejectment at the end of May or the first week in June—I went to the Queen's Bench to see if the bills of sale had been paid off—I can't tell the date—I found one was paid off, and that satisfied me at the time—I do not know that the defendant insured his furniture which was burnt for 500l. in his own name—I don't know what name it was in—the policy was put in at the Mansion House by the Insurance Company's witness—I heard it stated at the police-court by the defendant's solicitor that an action was pending by him against the company for the recovery of the money—he said he expected the company would pay him the money at the first board meeting—that was the money on the policy on the furniture that was burnt—there was a communication with Mr. Russell of a deposit bank as to bills of sale on different property—that was before 28th April—Mr. Russell was going to lend money on the machinery to the prisoner—I went to see him, but he would not see me.
Re-examined. I never lend money—the prisoner came to me with a story about the fire, and asked for a 1l. a week or so—20l. was paid him, and the 15l. was travelling costs and expenses—he had agreed to that—I never intended to charge him 15l. in addition to the 35l.—I never intended to claim both sums, and I emphasised my intention by putting 50l. in pencil over the 30l.—when I gave him the commission note he said "All right, I will sign it; let me take it away"—he took it away, and when he brought it back he said "I don't think this will suit"—he preferred a document in which the vendee was paying down 5,000l.—Mr. Slessenger was the person whom originally he should pay this 10,000l. to—the second was intended in substitution for that—instead he bought this. (An agreement was here read, by which William Edwards agreed to sell the freehold of Rosherville Shipbuilding and Engineering Works for 35,000l., the purchaser, whose name was left blank, agreeing to pay a deposit
of 5,000l. on signing the agreement, and a sum three months afterwards, failing which the agreement was to be forfeited.) Having seen Mr. Edwards I did not put down that 5,000l.—the prisoner said he and Horn, who was a d—pig-headed brute, had agreed with the Board to accept 475l., and was going to receive it at the next Board Meeting—I went to see the Docks on 8th May—Baily was in charge of them—this letter of 7th May, the day before I went, is in the prisoner's writing.
EDWARD BARLETT . I am managing clerk to Messrs. Palmer and Bull, of 24, Bedford Row, solicitors to the Sheriff of Kent and to the Liverpool, London, and Globe Insurance Company—this is an order in the action between Cullen and Kosher directing the Sheriff of Kent to deliver possession of the property to the freeholders, Messrs. Rosher, dated 2nd June, 1885—I sent my officer to Rosherville with that writ to deliver possession to Kosher—this is a copy of the policy of the London, Liverpool, and Globe Insurance Company, insuring the furniture and effects of the prisoner for 500l.—a claim was made for 800l. in respect of the policy for 500l., in the name of the defendant—the fire was on 16th October, 1885, and the claim was made on 27th October—an action was brought on 27th February, 1886; we are defending that on behalf of the Company, the claim is still in abeyance till the action is completed—we have never agreed to pay him any money in respect of this claim.
Cross-examined. I don't know that the prisoner was in occupation of the Rosherville docks for 10 years—I only saw the writ, and I don't gather from that that he was leaseholder for 48 years—I assume he had no interest, as he was ejected—I know nothing of whether he was ejected for nonpayment of rent—the prisoner said his furniture was worth 800l., but that he could not claim more than 500l.
JAMES GREEN . I am managing clerk to Mr. Tierney Clark Matthews, of 58, Lincoln's Inn Fields, solicitors to the Kosher family, the owners of the Rosherville Graving dock—there was a lease to the defendant of that property, he failed to pay his rent and an action was brought—this is the order in the action ejecting him, and this is the writ from the Sheriff directing possession to be delivered up to me; I went down and the Sheriff delivered possession to me, and I have held it ever since for the Rosher family, the freeholders—the prisoner has had no interest in it since then.
Cross-examined. We have not been in negotiation with Mr. Edwards with regard to the sale of it, he has been at the office; I do not think he has been there when I have not seen him—he only came once I believe, and then saw Mr. Mathews, my principal, in my presence—the owners since they have had possession have agreed to sell to Mr. Irwin, and they had done so when Edwards called—the prisoner was in possession for 10 years, from 1875 to 1885, before he was ejected—he owed 21/4 years' rent, I think the rent was 200l. or 300l. a year—I don't think he paid all the rent except the 21/4 years' rent, we only sued him in respect of 2 1/2 years; I don't think he paid any, but it was paid—I never saw the prisoner after the ejectment—no contract was entered into with anybody besides Irwin, who had paid a deposit, and was holder of the contract—the prisoner had a certain time under the order of court in which to pay the rent and save the ejectment.
state and somewhat dirty as to his hands; he said he had had a fire and had great difficulty to save his kids, and would I give him something to get something for them—he gave me to understand he had just come from the fire, his hands were all smeared and so on—I told him he owed me some money and if I gave him this money would he repay me? he said he would, and that Mr. Horn, the trustee for his family, would write me a letter to that effect—I said get me the letter first and I will give you something—he said the Insurance Company had offered 475l. and his trustee had been fool enough not to take it, and I should like this in writing—many times he told me that, that was sometime afterwards—he had borrowed money of me on the Rosherville Graving dock before, it was an amount of about 35l. in 1885; I have not been repaid anything of it—the last money I gave him was on January 30th, 1886—altogether I have given him about 35l.—I never knew they were fighting the case about the insurance money.
Cross-examined. The prisoner has borrowed money from me and paid it back; on one occasion I sued him and he paid me—that was about 30l.—I was at the Mansion House, but was not called.
JAMES GREEN (Re-examined by the COURT). The agreement was prior to the ejectment—after the order the prisoner had an opportunity of recovering his property before the writ of possession was issued—the order of ejectment was not put in force till four or five months afterwards—Irwin's contract was within a fortnight or three weeks after the ejectment—650l. was paid on behalf of the prisoner on the signing of this contract for the purchase of the freehold from Rosher in 1881—the contract resulted in an action—the prisoner lost his 650l.
NOT GUILTY .
For cases tried in Old Court, Saturday, see Kent and Surrey Cases.
NEW COURT.—Saturday, August 7th, 1886.
Before Mr. Common Serjeant.
MESSRS. BESLEY and NIVEN Prosecuted; MR. F. FULTON defended Luscher,
and MR. DUKA defended Luscher.
After some evidence had been given the prisoners retracted their plea of
NOT GUILTY, upon which the Jury found them
LOWDEN— Ten Months' Hard Labour.
LUSCHER— Twenty Months' Hard Labour.
OLD COURT.—Monday, August 9th, 1886.
Before Mr. Recorder.
816. GARSCHON CZARNICHOWSKI, alias ABRAHAMS (40), and ABRAHAM MYERS (58) , Feloniously and without lawful excuse having in their possession an engraving of part of a Russian note for 25 roubles of the Empire of Russia. Other Counts varying the forms of charge.
MESSRS. POLAND and MEAD Prosecuted; MR. GEOGHEGAN appeared for Czarnichowski, and MR. MOYSES for Myers.
ALEXANDER GASCOIGNE . I am an engraver at 112, Fleet Street—I have known Myers 10 or 11 years; he was recommended to me by a friend as a dealer in pencils; I did not know Czarnichowski—in April Myers asked me if I could copy writing on wood—I said "Yes," and as he went out he said, "A sort of little cheque"—I said "Yes," and he left saying he would bring up a friend shortly that wanted it done—on 26th May, the Derby Day, Myers came again to my office, and said he had brought his friend, and suggested that we should be alone—my friend, Mr. Hampshire, and my apprentice were in the office at the time; I sent them out, and Myers went down and brought up Czarnichowski—Myers introduced him to me, I don't remember in what way; they spoke a good deal in a language which I did not understand—they sat down, and after some little time Czarnichowski produced a note similar to this, and asked me if I could make an exact copy of it—I looked at it carefully and said "Yes"—he asked me how much it would be—I said it would come to about 20l., that it would necessitate three blocks, as there are three colours, blue, black and violet, and it would require a separate block for each colour—Czarnichowski looked about the office, and I showed him the process of engraving on wood—he said if I did it I was to keep it to myself and not let anybody know, and that I had better do it myself—he said could I find the paper and do the printing—I said that would do later on—I am not sure whether the note was left then with me or later—next day, Thursday, Myers came and brought another note, I believe of less value, but I don't know what it was; he simply handed it to me and said I was to have a careful look at it, and he went away—next day, Friday, Myers brought me a note similar to the one I first saw; he left that with me on the Friday, and told me to get on with it and his friend would come down next day and give me some money on account of the work—the other note which I thought of less value was taken away—on the Friday afternoon I went to Bride Street Police-station and saw Inspector Pitman; he referred me to the Old Jewry, where I saw another officer—on the 29th, Saturday, Myers came up to the office again and asked me to go down, and said his friend would wait round the corner for me—we went into Bride Street and there met Czarnichowski just outside a public-house, and he gave me 5l. in gold—we then all three went to the Black Dog public-house; Czarnichowski told me to go on with the note and asked when I should have a portion of it ready to show him—I said in about two weeks time—he said, "You will see very little of me, I shall transact everything through Myers"—after that interview I got on with the blocks, these are the three I made (produced)—on Friday, 11th June, I saw Myers and made an appointment for the following Saturday, the 12th—previous to that Myers had asked me to give him a few shillings, which I did—the next appointment was for Tuesday the 15th, Bank-holiday—I had given Myers this proof of the figures and scroll part on the Saturday—on the 15th I met Myers at the Grapes public-house in Farringdon Street, and he made an arrangement for me to meet Czarnichowski next day, when he said, "I think my friend will have more money for you"—on Wednesday, the 16th, I met the two prisoners by arrangement at half past seven at the Black Dog in Bride Street; Czarnichowski said, "I have received the proof and am
very pleased with it, I will forward you 5l. next day"—on Thursday, the 17th, I received this 5l. note enclosed in a telegraph form, there was no writing with it—on Friday, the 18th, Myers came up and there was sm e talk about paying the whole of the money, he said he had made a mistake about his friend coming to see me, but he would see me on the Saturday following at the Bodega on Ludgate Hill, and on Saturday, the 19th, I saw both the prisoners there; Czarnichowski then said, "Can you name a place where I can speak to you privately without being over-heard"—I said I would think it over and let him know—I promised to let him have a further proof on the following Monday morning if he met me in Farringdon Street—he didn't come, but Myers did at the Farringdon Street Station, and I then gave him a proof similar to this with the Russian arms on it—we then made an appointment at Carr's Restaurant in the Strand at 4 o'clock, I met both prisoners there—Czarnichowski objected to the place because it was not private enough, and I made an appointment for half-past 7 at my office—before leaving Carr's Czarnichowski gave me 3l.—at 7.30 I saw him alone at my office; I then showed him the three blocks—he said he was very pleased with them—he had said at Carr's there was something a little wrong with the cross at the top, but when he compared it in the evening with the original note he said it was correct—he then said "You will have to do the printing; I will arrange for the purchase of a small machine, which can be obtained, and then broken up when it has been used"—he said "I have arranged for 50,000 pieces of paper, with the watermark complete"—he said "You know how to mix the inks; in purchasing the inks you can cut up the note into pieces, so as to get the ink one colour at a time, so that no one can tell what it is"—he said he would bring some other notes of varied colour, that I might see the tints of the ink better—he impressed secrecy upon me, and said "My life is in your hands, and yours in mine"—he promised mo 600l., and asked me to finish the blocks by Tuesday, 29th June—he said it was as well not to let Myers know too much, as he was an old fool, and he wouldn't send Myers to the office too often, but tell him to stop away until the thing was finished; I was to keep the blocks locked up until the paper was ready—on the 28th Myers came and asked mo if the proofs were ready—I told him that the appointment was for the next day, at 7.30—I wrote a letter to Czarnichowski making the appointment—I asked Myers what name I should put on the letter—he said "Anything will do, put Mr. James"—on Tuesday, the 29th, at 1.30, Czarnichowski came; he said he had made a mistake with regard to the time, and he made an arrangement to send Myers next day at 2 o'clock for the finished proofs—he gave me 10s., and made an appointment for Moorgate Street on the 30th—on the 29th he showed me the letter I had sent him, with the name of Myers cut out of it—on Wednesday, the 30th, I met Myers at the Black Dog, and we walked round to the Viaduct, and on the steps there I gave him these three proofs, which I had ready—I then made an appointment for Farringdon Street Station next night, when I expected full payment for the work—on Thursday, 1st July, I met Czarnichowski at Farringdon Street Station—we went round to Hatton Garden and ho asked me to let him have a complete finished proof on Saturday night, and he wrote on this piece of paper this name and address, "B. Bruhn, 17, Bedford Square, Commercial
Road," where I was to send the finished proofs on Friday night—he gave me 1l. on that day—on Friday, 2nd July, I posted a proof similar to this produced to that address—I think that was in blue and black, roughly taken; there was no violet on it—I wrote on a slip of paper inside "Enclose proof"—on Saturday, 3rd July, I met Czarnichowaki, and he said that I must not put any writing inside in future with any proofs I might send—we went about that day to find a printing machine—he looked in some shop windows in London Wall, I think it was at Waterlow's—he told me to lock up the blocks very carefully, where no one could get at them—these conversations took place in English—I said "I have another proof in my pocket, would you like to look at it?"—he said "No," he was afraid to have it in his possession—he gave me 5l. that night, that made 19l. 10s. in all—he said he could get a box of French type to put the numbers on the notes—he brought out a Russian postage stamp printed in red, and said "We shall want some of these engraved, as I shall probably get a large order for them, but they will do later on—I made the blocks myself, with a little assistance from Mr. Hampshire.
Cross-examined by MR. GEOGHEGAN. I have been in business in Fleet Street about five years, not in a very large way—before Czarnichowski came to me I think I had read in the papers about the forgery of Russian notes; I am not certain about it, but I think I must have read it in the course of time—I understood when the prisoners came on the 26th that they requested me to forge Russian notes—I didn't express any abhorrence of such a proposition; I said nothing, I remained silent—when I asked Czarnichowski to put a proof in his pocket I intended to beckon to the detectives if he had done so, in order that he might be taken with a proof on him—I don't know that the Russian Government give rewards; I have heard so since the arrest—I don't know a man named Landsberg, I don't think I ever heard the name—I saw him at the Mansion House giving evidence; that was the first time I saw him or heard of him—I have no recollection of the names of Blumerstock, Cornwasser, or Sastonovitch.
Cross-examined by MR. MOYSES. I have known Myers ten years—I was told on this occasion not to let him know too much, as he was a fool.
Re-examined. At the time I did this engraving I was not aware that the Russian Government gave any reward for the discovery of these things—when I found out what the matter was I communicated with the City Police close by, and made them aware of what was being done—I simply listened to what these persons said, and acted upon what they told me to do.
ITZKA LANDSBERG (Interpreted). I reside at Moscow—I deal in chemical goods—I arrived in London on 25th June (the 13th according to the Russian calendar)—I came from the Russian Court to find out about the false money—from information that had been given me, I went four days after my arrival to 17, Bedford Square, Commercial Road, Whitechapel, and saw Czarnichowski—I knew him by the name of Garston—that was the first time I had seen him—I said to him, "I am a foreigner from Austria, from Brody; my brother, who is dead, was known to one Yaffa"—ho asked me whether I had known Yaffa personally: I said "No"—he took me into a cabinet, and asked me what business I was going to do in London—I said I wanted to open a shop in some business—he asked
how much money I had—I said, "From 800 to 1,000 roubles, and if I required more money I could get it from home"—he said, "You cannot do any business here; if you buy false paper money you will become fortunate"—I said, "How do you sell it, by the weight or the measure?"—he said he sold it by per cent, not by weight—I said, "That is too large, have you not got three or four?"—he said, "That used to be long ago, now there is nothing but 25's"—he said, "Last year, during the holidays, a young man, Itsic, came to me from Moscow with a Christian Russian merchant; the Christian came with 10,000 roubles, and I would not take it, and I sent Itsic and the Russian merchant away, and at 4 o'clock I gave him, the Russian, false money and sent him away"—I made no reply to this, I only took note of what he said—he said he dressed himself and went with him to several drinking places, and drank beer and spirits—he begged of me to let him have my money, so that I should buy of him false 25-rouble notes—he said he was in great need of paper from the manufactory—he did not show me any of the false notes—he said, "In London I cannot give you any money," because they looked after him so much; he should have to go away from here to Rotterdam or Hamburg, and he would send it to me by post or bring it personally—I did not make any bargain with him on that occasion—he begged me to come back at 9 o'clock in the evening—I went at 9 o'clock; he dressed himself, and the talk was the same as before—on the Thursday he took me upstairs into a chamber, took out a small packet, and said, "In five months' time this packet will be ready"—he showed them to me, they were five goulden Austrian paper money, but he said the Russian notes must be made first—I went out with him into a large street, and ho took me through several stations underground—either that day or subsequently he asked me for money to pay for the Russian notes, that he was in great need of money to pay for the paper and to pay the workmen—I said, "I can't give you any money"—he said, "Lend me a few pounds"—I gave him a 5-rouble note of my own—he said he would return it to-morrow—he said, "Wait here at this public-house, I have need to go and see some one"—I saw him again on Friday morning at 11 o'clock—he did not show me any Russian note then—on Saturday, at 5 o'clock, ho showed me a 25-rouble note with green letters and "25" in black; it was like this (produced), but it had not this letter "H" on it—he said, "This is only a sample, but it will be made the same as in Petersburg"—he did not say where he got it from—his wife came upstairs, and I immediately went down with him and went into several drinking places, and I gave him 6d. in small money—I saw him no more after that—I did not know that he was getting Russian notes made at an office in Fleet Street.
Cross-examined by MR. GEOGHEGAN. I do not know the name of the place where I slept last night—I cannot say whether I have been stopping at Verry's Hotel for a fortnight—I pay the money—when I came away the Minister said he would pay my expenses, the Minister of Justice, not the police—I have never acted for the Minister of Justice before—they only begged of me to go and find out these things—I have never been in England before, I was not here last November. (Three persons named Finckleman, Artozza, and Lauenberg were called in.) I saw that man (Lauenberg) at Liverpool Street Station—I never saw Artozza before—God forbid, it was not I that tempted Czarnichowski to get the notes made—I gave
notice to the London police about this matter on 23rd or 24th June, Russian date—I do not Know the street where I saw them—I know those gentlemen (Pointing to Inspectors Webb and Hagan)—I have not been in communication with the Russian police in London since I have been here, they told me the police here would see to it—I have not been promised any reward; I expect nothing—I have not done it out of love, but as a sworn underling of Russia, not as a spy, not in my life—I have sold chemicals in Moscow and the whole of Russia—I was never in Warsaw—I do not know Cornwasser or Blumenstock—I do not know where Sassenovitch is, I never heard of it—I told Czarnichowski I was an Austrian; I thought perhaps if I told him I came from Moscow he would not speak to me at all—I do not know Yaffa—Yaffa journeys between London and Russia; if I had said I knew him myself Czarnichowski would have asked me where I came from, therefore I said my brother who is dead knew him.
Re-examined. This (produced) is my passport of 3rd June this year for coming over to this country—I have never been here before.
By the COURT. I was instructed in Moscow to come over to find a person named Gerschein—the authorities had no reason to believe that I knew Gerschein; they sent me because they knew I would not tell any lies.
HENRY WEBB (City Detective Sergeant). I was keeping observation upon Mr. Gascoigne and the two prisoners, and have seen them together—on Saturday night, 3rd July, about half-past 9, I was with Sergeant Child in Whitechapel Road and saw Czarnichowski—I told him we were police officers, and were going to arrest him for having in his possession three wooden blocks bearing the impression of a Russian 25-rouble note, and conspiring with another person to commit a felony by having possession of those blocks without any lawful excuse—he said he knew nothing at all about it; he then said, "Oh, I know who gave you the information; I shall tell you all about it; are you going to take me to Scotland Yard?"—Child said, "No, we are not"—he said, "Because Mr. Inspector Greenham and Mr. Inspector Hagan know all about it"—at the station I asked him to write his name on a piece of paper—he said, "What name shall I give?"—I said, "Give your right name," and he wrote this in my presence, "C. Abrahams."
Cross-examined by MR. GEOGHEGAN. I was with Child and the other officers from the very beginning, from 1st June till now—the City Police and Scotland Yard communicate with each other—Mr. Gascoigne is the only person I have seen on this matter—I never saw Landsberg before 3rd July, he was then talking to Czarnichowski in Whitechapel Road—he did not come to me and give me information—I have seen him since.
Re-examined. Until the prisoners were in custody Landsberg made no communication to me—Child, myself, and two other officers had been watching—I saw Landsberg in the company of Czarnichowski on the Saturday night, I did not know at that time who he was—he was called as a witness at the police-court by the City Solicitor, to whom I mentioned the matter—I think he was there on the first remand, but he was not examined then.
ROBERT CHILD (City Detective Sergeant). On Saturday night, 3rd July, about 8, I saw Czarnichowski leave his house in company with Landsberg—I did not then know who Landsberg was—I had been watching Czarnichowski
—I followed them to Whitechapel Road to public-houses, and I saw Landsberg give him 6d. worth of coppers—after Webb arrested Czarnichowski I went to his house, 17, Bedford Square, and among other things I found eleven Austrian 5 goulden bank notes—I also found in his pocket this letter and this receipt (Read: "19th June, 1886, bought 75 goulden Austrian notes, 5l. 15s. 3d., balance to be paid on or before 28th inst, or the 5l. to be repaid with 5s. interest, cash to be kept to 11th July."
JOHN EGAN (City Policeman). On Saturday, 3rd July, I went with Coster to 4, Chippenhall Road, Old Ford, and there saw Myers—I told him we were police-officers and that he would be taken into custody, charged with being concerned with another man in getting some plates manufactured for the purpose of printing forged Russian notes—he said "I know nothing at all about it"—I searched his place but found nothing relating to the charge.
LEO WILLIAM CARAMELLI . I am an interpreter—I have made a translation of this letter, it is correct (Read: "Dear uncle, I hereby advise you that there have left Warsaw three men for London, namely, Blumensloch, Cornwasser, and one from Sassenovitch; they have taken with them a lot of money from the court here, and instructions from the right source of various kinds of goods to bring misfortune to many persons; they are known as notorious informers, therefore be strong on your guard and inform Gerschon and all the people of it, at once inform all the people about it, your highly esteemed friend; one is there from Warsaw, he is now in London a long time, his name should be Little Bertie, he should be willing to assist those three persons that left here to cause misfortune to people; it should be right that these three persons should not again return to Warsaw."
Cross-examined by MR. GEOGHEGAN. The Russian Government offer a reward on the conviction of persons forging Russian notes—I do not know Landsberg.
GEORGE GREENHAM . I am a Chief Inspector of the Metropolitan Police—I have known Czarnichowski by name for years—on 2nd November, last year, he came to me at Scotland Yard with another man named Lauenberg, who had been with me on 30th October and made a statement which I took down in writing—Czarnichowski said if time was given him he would be able to give me information which would lead to the seizure of factories for Russian rouble notes—I said "Very well"—I saw him again, I believe, on 17th November, at the other man's house, 10, Houndsditch—I asked him if ho had got anything further to say—he said "No, give me time and I shall give you such information that you have never had before"—on 11th January I met him by appointment with Lauenberg at Gatti's billiard room in Villier's Street—I told him I was called upon by my chief to make a report how the case stood—he said "You must have patience, I must have more time"—Lauenberg said in his presence "If we had some money to purchase samples we might succeed sooner"—I said I did not hold with advancing money for such a purpose, and I did not think that the Russian Government would, but no doubt if their information turned out accurate they would be rewarded by the
Russian Government as Lauenberg had been on a previous occasion—that was all that passed; I reported it to my superiors—I saw Czarnichowski again on the 12th May at Lauenberg's, 10, Houndsditch—I was accompanied by Sergeant Frowest—I asked Czarnichowski, in Lauenberg's presence, how the case stood, whether he could tell me whereabouts the factory was, or who the people were who were making these notes—all that he said in German was "Patience, you shall have everything"—I said I thought they were pretending to give me information for the purpose of screening their own actions and dealing themselves in Russian rouble note forgeries—the next time I saw him was on Monday, 28th June; Inspector Hagan was with me; we went to 10, Houndsditch, about four in the afternoon and saw Czarnichowski and Lauenberg there—we tried in every possible way to ascertain from him where the manufactory was, and who the people were that made these notes, we even suggested that it might be a place in Whitechapel, a narrow street where no carriages passed—they simply passed over that and said if we only had patience perhaps in another fortnight we should have all—I again pressed him to tell me who the persons were that manufactured these notes, and he said a Russian—that was the last time I saw him until to-day—I heard that he was in custody a few days afterwards—I know nothing of his employing Mr. Gascoine to make these blocks, he never would tell me anything—Lauenberg had given me information in 1877, that information was accurate and led to the arrests of a man named Dombrowski and two others, and for that information I heard that he had been rewarded.
Cross-examined by MR. GEOGHEGAN. Czarnichowski was arrested and tried here in October, and acquitted on a similar charge—from November last year, until 28th June, I always knew where he was to be found, there would have been no difficulty in some of the detectives following him—I don't know what amount of reward the Russian Government give, I believe it varies—the man who gives the information might have the greater claim, whether he would get the greater amount I don't know—we communicate with the City Police—we did not do so in this matter—I don't think there is any jealousy between us, I hope not.
CHARLES HAGAN . I am Chief Inspector of Scotland Yard—I have been in Court when Greenham was examined—I have known Czarnichowsk I by sight since 1882—the first conversation I ever had with him was on 28th June last, which has been referred to by Greenham—I was not at all aware he was getting Russian notes made.
Cross-examined by MR. GEOGHEGAN. I do not know Landsberg—I first saw him in the witness-box this morning—when foreigners come over to London we sometimes hear of it—I know that the Russian Police have sent persons over to this country, and as a rule they have come to my office from the Embassy—I don't know how Landsberg came over.
Witnesses for the Defence.
NAFCHEN SCHAPIER (Interpreted). On 5th or 6th July I was in a Jewish restaurant, in Spectacle Alley, Whitechapel, with Mr. Salenger, my friend; the witness Landsberg was there, and entered into conversation with me—he said he was here eight months ago.
CZABNICHOWSKI— GUILTY .— Seven Years' Penal Servitude.
MYERS— NOT GUILTY .
He was also charged and acquitted upon three other indictments.
NEW COURT.—Monday, August 9th, 1886.
Before Mr. Common Serjeant.
MR. SALTER Prosecuted.
WILLIAM HAKE . I am housekeeper to Messrs. Hunter's offices, 57, Moorgate Street—on 21st July, about 12.15 a.m. I was in bed and heard a noise on the roof—I went out in the passage, looked up the skylight, and saw a man on a ladder—I immediately dressed, and went on the roof with my dog, and went over another roof, and the dog scented a man out who was hiding against a trap-door—it was the prisoner Cox—I pretended not to see him—I left the dog outside and went out and fetched the police—I went on the roof again with Detective Wackett and another constable, and went to the place where I had seen Cox, and picked up this steel instrument (produced)—we searched over the roof but could not find Cox—it is very easy to get from one roof to another—the skylight is over the top floor landing.
Cross-examined. When the charge was booked the inspector asked me if I could recognise either of the men on the roof, and I said I could not, but when I looked at you in the dock at the police-station I did identify you.
CHARLES BULLIVANT . I am a carpenter, of 53, Moorgate Street, and am employed by Mr. Colls, a builder—on 21st July I was employed at 53, Moorgate Street, and when I left at 8.20 p.m. I went round and saw that all was fastened—there are two trap-doors, one in the roof and one in the ceiling—I left no one on the premises—I went again there next morning at 6.15, and found the door locked as I left it—I looked up the staircase and saw the prisoner Munroe looking over the handrail—I went up and found him and Cox—Cox was sitting on the gas-meter—I said "Halloa, what are you doing here?"—Munroe said "All right, Sir, we are doing no harm"—I locked the door, ran into the street, and called Detective White and another constable who were watching the premises outside—they came in and took the prisoners—after they were taken to the station, I went back and found that they had got in through a trap-door—both of the trap-doors were forced open—the one on the roof had two bolts, the bottom one had no bolts—on 30th July, about 10 days afterwards, I was at work there, and one of my mates picked up this tool and a lamp after moving some timber.
JAMES WACKETT (Policeman 197). On 21st July I went with Bullivant and another officer to the roof of 55, Moorgate Street—he pointed out where Cox was seen, and I picked up this instrument there—it has been a screwdriver, but it is what they use for house-breaking—the trap-door was fast, but there were some footmarks on the lead—we did not find the prisoners—I was ordered to keep watch, and about 6.10 a.m. I received a communication, went to 53, Moorgate Street, and saw the two prisoners on the first floor—I said "Halloa, you are here, then?"—Munroe said
"Yes, we got drunk last night, and concealed ourselves in the w.c."—I told them they were charged with housebreaking—we took them to the station—they made no answer at first—they both said "We refuse our address"—an entrance had been effected by forcing the trap-door on the roof—one bolt gave way by pulling the trap up, and the other came undone, and by removing the trap they dropped into the house, and a lot of the ceiling went with them, which laid there next morning.
Munroe's Defence. I had a little too much to drink, and found myself in the w.c. the following morning.
MR. SALTER Prosecuted; MR. VINCENT Defended Digby.
WILLIAM LIGHTFOOT . I am a carpenter of 9, Grovedale Road, Upper Holloway—on 16th July about 3 o'clock I was in a public-house in Holloway Road, when Bennett came up and asked me to stand him a drink—I stood him a pot of six ale—I then left that public-house and went into another where Bennett, who had left me, came up again and took me by my arm—I said I did not wish to assist him in any other way; he wished for some more money (he asked me for money in the Birkbeck public-house) I stood him four pots of ale—I threw him away from me and went round to the back of the workhouse, and there the three prisoners and another man rushed on me—Digby took hold of my coat and Pickering struck at me and knocked me down, I did not know whether I was dead or alive, all three prisoners and another man did that, and Bennett put his hand in my coat pocket, where I had 26s. 6d., not 22s. 6d.; 12s. was in my waistcoat pocket and 12s. here, and I changed a half-sovereign—I had spent 4s. in treating them, and had 26s. 6d. in my pocket when I came out—I had about 23s. when this attack was made on me—every halfpenny was taken, my coat was pulled off—each of the prisoners struck me; they ran away and left me lying on the ground—I saw Bennett on the Saturday afterwards and made a complaint to a policeman, who spoke to him and he said he had never seen me previously, and afterwards at the station he said "I only knew him that night and there are other three; he treated us to four pots of ale and then gave me sixpence to get another"—I had done so, I gave him the sixpence—I was hurt in my face and eye and was almost killed; I could not see for three days—I identified the other two in Holloway Road on Saturday and Pickering on Friday.
Cross-examined by Bennett. I never shoved you.
Cross-examined by MR. VINCENT I had about 24s. in my pocket when I went into the first public-house—I had pledged this coat for 8s. 6d. and my waistcoat for 3s. 6d., I had 11s. besides, the pawnbroker is here—I received 22s. from him that day, I went to him because I had to pay my landlady 14s.—I spent about 2s. 6d. in drink that afternoon, I was not at all drunk, I was just as sober as I am now—I remember going to the back of Islington Workhouse, I did not see two boys there playing at rounders
nor did I have a fight in that field with Pickering, nor did a man come up to me and remonstrate with me for fighting with a boy of that size—Digby did not come up with Prince, nor did I attack him—I did not after having two or three rounds, ask for a knife, I did not say "I will rip your guts open for you"—I did not take my coat off, myself, they pulled it off—I have not accused anyone else of this robbery, there was one who there was a mistake in identifying, I could not pick out the third prisoner—a man named Butler was charged at the station, and I said "The prisoner is one of those who caught hold of me and held me round the body"—I was totally wrong, because he was so much like this one, and I could not tell whether it was that man or the other man; as soon as I found he was not the man I was the very man to pay the half-a-crown to liberate him—I have been in England all my life and in London about 14 weeks.
ALFRED COLLINGS . I live at 28, Merton Grove, Holloway, and am hawk boy on a building—on Tuesday, July 15th, I saw Lightfoot about 5 or half-past at the corner of Champion Road, there were four surrounding him and knocking him about and he was trying to get away, the prisoners are three of the four, they were striking him, and one who is not here pulled off the prosecutor's coat and said "Get away, get away," and Digby tried to get the prosecutor's coat off but did not—the one who is not here took something out of the prosecutor's pocket at the side of his coat—I then walked into Hornsey Lane and saw the prosecutor smothered in blood.
Cross-examined by MR. VINCENT. I saw nothing of Bennett—I am quite sure that the man who pulled off the prosecutor's coat is the man who is not here, it was not one of the prisoners who put his hand in the prosecutor's pocket, it was Prince Coal.
EDWARD BRYAN (Policeman Y 540). On Saturday, 19th February, Lightfoot spoke to me at the corner of Holloway Road, and I took Bennett in custody; he said that he was innocent—he said before the Magistrate" I have given the names of the three who were with me, Coal, Digby and Pickering.
Cross-examined by MR. VINCENT. He said that he was with those three men, but he did not admit that he was guilty of the robbery.
CHARLES MILLER (Police Sergeant Y). I took Pickering on the evening of the 22nd—I told him he would be charged with three others with assaulting and robbing Lightfoot at the back of the workhouse—he said "You have got me to-night, I should have gone away in the morning"—on the way to the station he said "I was there; I do not know anything about his being robbed, if he was Bennett and Coaley had the money"—I said "Who is Coaley?"—he said "I should know him if I see him; we call him Coaley"—the prosecutor and Collings identified Pickering at the station—I took Digby next morning at 61, Hanley Road—he said "When you knocked at the door I thought it was you come for me, I heard you were coming for me last night, all I know is he challenged me to fight, and I had a stand up fight with him"—he said he had nothing to do with the money, and he believed Coaley had it if anybody had—he was identified at the station.
Cross-examined by MR. VINCENT. When I arrested two of the prisoners Bennett had already been arrested—none of them admitted any knowledge of the robbery—Coaley is a very bad character.
The Prisoners' Statements before the Magistrate. Bennett says: I was not there at all. Pickering says: This man came up and asked us to have a drink, and after he asked us to show him a house where there was a gay woman; we told him we did not know. He stood us a pot of ale; he fell down and he said he had been robbed.
Witnesses for Digby.
WILLIAM KELLY . I am a cricket bat maker, of 17, Old Road, Upper Holloway—I shall be 16 years old in October—last Whit-Tuesday, about 5 p.m., I was playing at rounders at the back of Islington Workhouse and saw Pickering and Mr. Lightfoot come up the lane and take off their coats and fight, and a gentleman came up and stopped their fighting, and said that Lightfoot ought to be ashamed of himself for knocking a boy about—Lightfoot said, "Have you anything to do with the force? If you have give me your name and address"—he said, "No, I am only acting a friend to you, I am trying to get you away"—Prince and Digby came up, and Lightfoot said he was one of his pals and struck him between the eyes and nose—Digby and Lightfoot had a stand up fight without their coats—Prince took off Lightfoot's coat and waistcoat—they fought for about ten minutes and then stopped, and Lightfoot said, "I will rip your—up," and Pickering and Digby walked away and left Prince with Lightfoot's coat and waistcoat—I heard nothing about any money being lost—Lightfoot had two black eyes; he was drunk.
Cross-examined by MR. SALTER. That was between 5 and 5.30—Prince is sometimes called Coaley—Lightfoot had two fights, one with Pickering and one with Digby—Lightfoot sat down on the kerb and I went away—I did not see Bennett there.
HENRY HUTCHINGS . I shall be sixteen in March—I am an errand boy—I was behind Islington Workhouse on Whit-Tuesday about 5 p.m., having a game at rounders with Kelly—Pickering and Lightfoot came into the field and had a fight, and after two or three rounds Digby and Prince came there and Lightfoot said he was one of his pals and struck him—that caused a fight, and a gentleman came up and said he ought to be ashamed of himself hitting a boy, and he asked his name and address—the gentleman said something, and Lightfoot and Digby had a fight—Prince took off Lightfoot's coat and waistcoat—Lightfoot was not much knocked about, but he had two black eyes—I saw no one but Prince touch Lightfoot—I did not see Bennett.
Cross-examined. Prince asked them to fight; Lightfoot and Digby fought first—I did not know Pickering or Digby; I knew Bennett before but not the other—I am quite sure Bennett was not there.
CHARLES BROWN . I live at 30, Merton Grove, Holloway, and work at a chandler's shop—on Whit-Tuesday afternoon Lightfoot asked me to go into a public-house and have a drink—I stayed with him about ten minutes; he was very drunk—I won't be sure that he knew what he was about.
Cross-examined. It was about 4.30; he left me about ten minutes afterwards—he was standing me drinks; he paid with coppers, I think—I saw him bring out two shillings, but no gold.
JOHN LEE .—I am a pawnbroker's assistant at 561, Holloway Road—on Whit-Tuesday Lightfoot came there and pledged his jacket for 8s., and in the afternoon he came again and pledged his waistcoat for 3s.—if I had noticed him to be drunk the first time I should, not have served.
him; he had had a little drink the second time—I hare known him as a customer about three months.
Cross-examined. It was about 2.30 when he pledged his waistcoat—I did not see him again till next morning, when he came to pledge his boots—he got the coat out a week before Bank Holiday.
(Digby received a good character.)
NOT GUILTY .
MR. VINCENT Prosecuted.
WILLIAM LIVERMORE . I am assistant to Mr. Taylor, cheesemonger, of 490, Commercial Road—on 17th July, about 2 a.m., I was called up by the police—I went down and found the shop window broken and missed 17 pounds of bacon in three pieces—it was safe when I went to bed at 11 o'clock, and I was the last person up; it is worth 10s.—the police came to my house at 12, Dorset Square, about 3 o'clock in the morning with the prisoner, and I gave him in custody.
FREDERICK FLEXMORE . I live at St. George's Chambers—on 17th July, about 2 a.m., the prisoner stopped me in the Commercial Road and asked me if I wanted a job—I said "Yes"—he said, "Stop there"—he went away and came back in two or three minutes and gave me some bacon and told me to follow him, which I did, to 12, Dorset Street, and gave it to him—he told me to go to the top of the street and wait there—I did so; he came there five minutes afterwards and went to the prosecutor's window and took a piece of bacon out—the window was broken then and he put his arm through; he gave it to me, and I took it to 12, Dorset Street—I then gave information to the police.
Cross-examined by the Prisoner. I was out all night and was going to see if I could get some work, as some boats came in at 4 a.m.—I had a companion—I did not give you the bacon, you gave it to me to carry to your, house.
By the COURT. He did not employ me twice—I was standing at the top of the street he lives in—he told me to stop there and went away and came back with the first piece of bacon—I took it to his house—he took it from me and told me to wait at the top of the street.
HENRY THOMAS COX . I was with Flexmore in the Commercial Road between 1.30 and 1.40 a.m. on 17th July, waiting for a tea-boat at the East India Docks—the prisoner came up and asked Flexmore if he wanted a job—he said "Yes"—the prisoner told him to stop there, and he afterwards returned and gave him a piece of bacon and told him to follow him—he carried it—the prisoner then came back and took a piece of bacon from the window—Flexmore was not with him then—the glass of the window was broken—he walked down the street with it, and I went to Arbour Square and gave information, and Inspector Pride went to the station with me.
JAMES PRIDE (Police Inspector). On the morning of 17th July, Cox came to the station and made a communication to me, and I accompanied him to Mr. Taylor's and saw that the window had been broken; it was a basement window with railings round, and at the end there was a narrow pane of glass broken, and the whole of the property within reach had been taken away—I then went with three constables to Dorset Street; I sent two of them to the back of the house and I went to the front and
called the prosecutor—I then found the police who I had sent to the back were in the house, and the prisoner was there partly dressed; it was about 3 a.m.—I told him he would be charged with breaking into the shop, 490, Commercial Road, and stealing some bacon—he said "I know I have done wrong, I will walk quietly"—I took him to the station—he said that Flexmore gave him the bacon and told him to take it home for the night as he could not, and he did so.
Cross-examined. You said at the station that they ought to be arrested and not you.
WALTER WINTER . I was with Inspector Pride at 12, Dorset Street—he stationed me at the back of the house—I got on the wall and saw some person bring some bacon and put it over the wall into the adjoining yard, I got over the wall, picked it up, and went into the house—I can't say whether it was the prisoner who brought it out, because it was dark and I was 15 or 20 yards away.
The prisoner's statement before the Magistrate. "It was a great temptation to see the bacon hanging half way out of the window."
Prisoner's Defence. These men gave me the bacon. I had a dop of drink in me, or else I should not have taken it. I am innocent. I merely took it from one of the witnesses. I do not know what I said before the Magistrate. I fell from the rigging and cut my head, and when I get a drop of drink I do not know what I do.
GUILTY of the larceny only.
He then PLEADED GUILTY** to a conviction at the Thames Police Court in October, 1881.— Six Months' Hard Labour.
The Jury, being unable to agree, were discharged without a verdict, and the case was postponed till next Session.
OLD COURT.—Tuesday, August 10th, 1886.
Before Mr. Recorder.
MR. BODKIN Prosecuted; MR. KEITH FRITH Defended Brown; MR. DILL
JAMES TOGNI . I keep a sweet-stuff shop at the Broadway, Walham Green—on Monday, 21st June, I was at the King's Head public-house about half-past 10—I saw Brown there and he asked me to treat him; I did so—he then left and went across to my shop and sat down there for about a quarter of an hour—he then said "Come out and have another drink; "which I did—we asked for Borne liquor which was refused—we then went to the White Hart public-house—I met Maddigan there—after being there some time we went to the Princess Royal public-house—we then walked down some street, all three of us together—I thought I was going home, but they took me out of my way, and all of a sudden I received two blows from Brown, which knocked me down in the gutter—I felt some hands at my pocket—I laid there for some time, insensible, and when I came to myself the prisoners were gone and my money also,
about 9l. in gold and silver—some gentleman put me into a cab and I was taken home—next day, Tuesday, I was in bed all day, and on Wednesday morning I gave information to the police.
Cross-examined by MR. KEITH FRITH. I have known Brown about six weeks—I am not the the owner of shop, I pay so much a week for it—Brown was an occasional customer—I took the 9l. out with me to pay a bill—the person I owed the money to lived next door, I can't say his name—it was the governor's money that I was going to pay—I paid away some of the 9l., I don't know how much—two days after the robbery Maddigan came to my house.
Cross-examined by MR. DILL. I was not drunk, I had had a glass or two—I gave information to the police—I didn't accuse Maddigan of the robbery when he came to see me, I spoke to him on business.
FRANCIS BANKER (Policeman T 304). I was on duty at Walham Green on the night of 21st June at a quarter to 11, and saw the prosecutor with Brown come out of the King's Head and cross over to his shop—after they had gone there I saw him again that night alongside of the White Hart about 20 minutes to 12 with Brown, and Maddigan was close by—I did not see them again that night—the prosecutor had been drinking.
JOHANN RICHTER . I am landlord of the Princess Royal, Watford Road, Fulham—on the night of 21st June I saw the prosecutor with the two prisoners in my public-house about 12 o'clock—Brown called for three drinks—when I came to serve them the prosecutor went out of the house by himself—Brown told me the prosecutor was an hotel proprietor at Brighton, and that he was a foreigner, and he would like to hear me speak a foreign language to him—after the prosecutor came back I asked him the question, and he said "I am nothing of the sort; I keep a shop at Walham Green"—they left my house about 20 minutes past 12, all three together—the prisoners were sober.
Cross-examined by MR. DILL. Togni had been drinking, but was not so incapable but that he could walk.
AMOS ATKINSON (Detective T). On 23rd June, from information received, I apprehended Maddigan, and said "You will be charged with being concerned with a man of the name of Brown in stealing a bag containing about 9l. from Mr. Togni," and I pointed to the shop—he said "Brown, Brown"—I said "Yes, that man that runs for Brooke's"—he said "Oh yes, I know him, but I have not seen him this week till this morning"—I took him to the station—both prisoners were subsequently identified by the prosecutor, after which I had both prisoners together, and said "You will both of you be charged together with assaulting and robbing that man (who was a few yards away in the charge-room), and taking away a bag and about 9l."—they made no reply—they were put into the dock and charged, and the charge read over to them—Brown said "It is false; I can prove I was in bed at five minutes to 12 that night"—Maddigan said nothing.
Cross-examined by MR. DILL. I do not know Long Harry, Harry Brown—I only know Long Fred.
CHARLES HORN (Policeman T 676). Brown was given into custody on Friday, 23rd June, about 1.30, by Togni—I told him the charge—he said "All right; I will go with you"—he was searched—10s. gold and 13s. silver, 1d. bronze, and a latch-key were found on him.
morning 22nd June I was on duty near the prosecutor's shop in Walham Green, and saw him brought home in a cab—he was bleeding from the right eye, and complained of his right arm—he was assisted out of the cab and went indoors.
JAMES JOYCE . I live at 72, Stanley Road, Fulham, and am cook at 541 a, King's Road, Fulham, where the prisoners lodge—they have been there ever since I have been there, which is three months—they come in generally from half-past 12 to 1 at night, and on 21st June Brown came in from 12 to half-past, and Maddigan from half-past 12 to 1.
Cross-examined by MR. KEITH FRITH. Brown continued to live at the game place till he was arrested on the Wednesday—I did not see him go out on the Tuesday nor Wednesday.
The Prisoners' Statements before the Magistrate. Brown says: "I was in bed at 12 or a few minutes after." Maddigan says: "I reserve my defence."
NOT GUILTY .
MR. LYON Prosecuted.
SAMUEL RICH WHEELER . I am a wheelwright, and live at 5, Chapel Place, Broadway Westminster—on the night of 4th July, about a quarter to 9, it was quite light, I was coming down the Strand from Charing Cross Hospital, looking for a 'bus to take me home, when Banks gave me a hit in the pit of my stomach, and at the same moment I felt a drag at my chain—I put my hand on my watch—I was immediately surrounded by three or four more—I held to my watch and to a diamond locket and two or three other things hanging to the chain—I ran down a passage; Banks was in front of me—I found four or five steps before me which led into a dark subway—I was shoved by two or three up against a railing that projected on to the pavement—a gentleman came up and said "For God's sake don't go any further, come back"—I came back—the gentleman fetched a constable—I communicated with a constable 5 or 10 minutes afterwards—I lost a spade guinea from my chain, a five-franc piece, an American dollar, a key, and a ring, about 2l. 5s. would be their actual value—I did not lose my watch—I have seen the other things since; they are mine—I cannot speak to the other prisoner.
FREDERRICK HALL . I live at 9, York Place, and am nine years old—on 4th July in the evening I saw Wheeler go past the Charing Cross Hospital—three boys knocked him against the shutters, and Hurley stopped him from running; Banks fell down in the court—they ran away down the Embankment.
Cross-examined by Hurley. I picked you both out at the station, and I picked out a third boy as well—I know you both.
CHARLES GREENWOOD . I live at 34, Stanhope Street, and am 11 years old—on 4th July, about 9 p.m., I was in the Strand and saw Mr. Wheeler there—I saw Banks strike him in the chest and pull out his watch and chain and run down the court—Hurley said "Stop him from running"—I afterwards went down to the police-station; there were people there standing together, but the two prisoners hid their faces so that I could not see them, and I came away without picking them out—I now say they are the persons I saw that night.
CHARLES HANNAFORD . I am 11, and live at 13, York Place Villas, West Strand—on the evening of 4th July, about a quarter to 9, I was in the Strand and saw Banks knock Mr. Wheeler up against the shutters and pull out his watch and chain, and when Mr. Wheeler tried to run after Banks Hurley came and stopped him, and told the others to stop him, and then they ran down towards the Embankment—I have seen the prisoners before, and I am sure they are the two men.
Cross-examined by Banks. I came to the police-station with the other two boys to pick you out, and saw you there—you ran to the Embankment; you fell down, and then got up and ran—you were running down George Court.
JAMES ENRIGHT (Police Sergeant). On 6th July, at 8.30, I apprehended Hurley in George Court—I told him he would be charged with others in being concerned in stealing a portion of a gentleman's chain on the evening of the 4th in the Strand—he made no reply—I conveyed him to the station, where he was placed among a number of others and identified by Hannaford and Hall—when being charged in the dock Greenwood said he was certain he was one of the two men he had seen assault Mr. Wheeler.
Cross-examined by Hurley. You showed me your finger.
CHARLES DREW (Detective Officer). I was with the last witness when he apprehended Hurley; I apprehended Banks and another man—I told Banks the charge—he said "All right, leave me alone, I will go quiet"—he was placed with five other lads, and identified by the witnesses in my presence.
GEORGE SEABRIGHT (Policeman). About half-past 9 on the evening of 4th July I was told the gentleman had had his chain snatched, and I went to him and he gave me particulars—I went in the direction they had run, but could see nothing of them—I then saw Hall and Hannaford—coming back towards where the occurrence had taken place, I found this American dollar on the ground—the prosecutor identified it as his.
In their statements before the Magistrate Banks said it was a got-up affair, and Hurley said that none of the witnesses could identify him when placed with others at the station.
Witnesses for the defence of Hurley.
MRS. HURLEY. I am the prisoner's mother—on Sunday, 4th July, I saw my son all day from the morning till about 9 in the evening, when he went out and came in about an hour afterwards—we live at 17, V Block, White Cross Place, Finsbury.
CATHERINE HEALEY . I live at 17, White Cross Place, Finsbury—I live in the same house with the prisoner Hurley and his mother—on Sunday, 4th July, Hurley did not go outside the house all day—I saw him up till 12 at night—I bathed his finger and put a poultice on it, and told him not to go outside the whole day.
GUILTY *.— Six Months' Hard Labour each.
MR. DILL Prosecuted.
EDWARD BODKIN . I am a lighterman, and live at 4, Broom head Road, Commercial Road, East Stepney—on 21st July I went out at 2 o'clock a.m. on business, and I was coming back at 5.30 a.m., when as I got near
my house I saw the prisoner going up the street with my coat and waist-coat on—I am quite certain about them—when I got there the door of my house was open; I went inside and missed my wife's watch—I chased the prisoner and caught him—I asked him what he had done with the watch—he said if I did not charge him he would tell me where it was—I gave him into custody—I have since seen the clothes, they are mine—I found in the pocket of the coat a key which was not mine—I had left the coat and watch safe in the house—he did not give me the watch.
HENRY POTTER (Policeman H 324). The prisoner was given into my custody; he said nothing at the time—when charged at the station he said "I was passing the door and I found the coat and vest lying on the doorstep; I picked them up, and I never broke into the house"—I was on duty that night in the street, and I passed the door at 5 a.m.; it was secure then—these are the clothes the prisoner was wearing—I found this key in the coat, it will open the door of the house—the watch has never been recovered.
PEARCE PLEADED GUILTY .
MR. GILL Prosecuted; MR. SALTER Defended.
MARY STEVENS . I am a widow, and keep the Eagle public-house, Ladbrook Grove Road—early on the morning of 27th June I was aroused by hearing a noise downstairs—I got up, called my servants, and we gave the alarm from the window in front of the house—Constable Brewer and Mr. Sampson promptly came to our assistance, and went through Mr. Blackmore's house and got in at the back—I saw Pearce in the kitchen—I missed nothing.
Cross-examined. I saw no signs of anybody but Pearce—the kitchen is on the ground floor—there is no door leading from the kitchen into the area—there is a fanlight in the kitchen ceiling protected by bars, which were forced—Mr. Blackmore's house is next door—from the leads by the side of my kitchen the wall of Mr. Blackmore's house rises straight up, but you can almost walk into my house from Mr. Blackmore's first-floor window—I first heard this noise and gave the alarm about 3 o'clock, day was just breaking.
LIONEL BREWER (Policeman X 125). On 27th July I was on duty in Telford Road, and about 20 minutes to 3 I heard a rattle spring and screams—I ran towards the spot, and saw the bar girl at the Eagle, who made a statement to me—Police-constable 73 came up, and I sent him to the back in Lionel Mews, and I went to the front of the house, and saw the last witness looking out of the top floor window—I asked her if she would come down and let me in—she said, "No, I am afraid I may get murdered"—she would not let me in—I knocked at Mr. Blackmore's, who let me in—I went inside and upstairs, and out on the flats, and got from his on to Mrs. Stevens's, and then went down a pair of steps to the backyard, and tried the doors and windows; all were secure—I got back on the flats again, and pulled up the steps after me, put them against a wall, and broke a window, and Mr. Sampson, as I did so, said, "Shall I come with you?"—I said, "Yes, thank you, if you like"—we
got access to the house and searched if, but could not find anything upstairs—all the bar doors were secure—coming back down the passage I opened the kitchen door a little way, but could not push it back again—I found this wedge in it, and then saw Pearce standing in the right-hand corner—he said, "All right, I am fairly copped"—I found in the kitchen this chisel, rope, dark lantern, and a jemmy, and on him this skeleton key—Mrs. Stevens came to the station with me after I had secured him.
Cross-examined. I saw no signs of any other person than Pearce having effected an entry into the Eagle Tavern—I got on to the leads of the Eagle Tavern and Mr. Blackmore's house—Mr. Blackmore's leads are over the washhouse, about 10 feet from the ground, and adjoin the corresponding leads over the kitchen; you can walk straight from one to the other—there was no chance of getting from the leads of the first floor to the roof—I made a good noise at Mr. Blackmore's, and woke him up—there were steps leading down into the backyard of the Eagle, and a person could easily get down there.
Cross-examined. From the leads of Mr. Blackmore's first floor you could get in at the window and walk upstairs, but you could not get up to the roof in any other way.
HENRY BLACKMORE . I am a bootmaker at 1, Telford Road, Notting Hill, which adjoins the Eagle—at 20 minutes to 3 on this day I was awoke by hearing screams of "Police" and "Thief"—I rushed up and on to the flats at the back of the house, where I saw Mrs. Stevens's barmaid at the back of the next house—she said there were burglars at their house—at that moment I heard a loud knock at my door—I rushed down, opened the door, and Brewer came in—Sampson afterwards came across the road and followed us—I heard the barmaid say she would not let them in—I ran up to the top of my house and got a ladder, but finding the constable had found steps at the bottom I put my ladder down in the passage—after that we went round the front of the house, and the first constable brought out Pearce—I saw him taken to the station, and then went to bed again—I had not been in bed long before I heard a fall from the top of my house—I opened my door and ran up, and found the back top room door open, which had been previously shut—it was an empty room—I went in and found the cupboard door three-parts open and shaking—I went forward and saw Rowlands—I asked him what he wanted; he made no answer—I then said, "You will have to come downstairs with me"—he followed me downstairs, and as I was coming down he said, "I will give you 2l. to screen me"—I made no reply, but came down and gave him into custody—after he was taken away the inspector and one or two constables came and examined the house—I found two keys on the landing, one fitted my door, and I also found a trowel at the top of the house in the landing, on to which the prisoner might have dropped through the skylight—a person might have gone up my staircase and up the ladder on to my roof—I keep the ladder there because I go up to feed my pigeons—from my roof they could get on to that of the Eagle very simply.
Cross-examined. A person on the leads of the ground floor could get
on to my roof by climbing the iron bars that go up the back windows of the Eagle, or by the staircase—there are two storeys, and you could pull yourself from one storey to the next—there are strong iron bars, and others across—I cannot swear to every window being barred—my windows are not barred—I never tried pulling myself up by the bars—my ladder is an ordinary one, always standing on my top floor, and opening through a trap door—there is no ladder outside the leads on my first floor—the only way would be to enter the first floor window and go up the stairs—the first sound I heard was a crash, something dropped—the trap-door was open—I could not swear the prisoner had come in from the roof—Rowlands did not bring out the 2l.—I do not know anything about the prisoner or where he was working.
Re-examined. If a person opened my front door with a key, by opening the window at the back he could get to the back and so enter the Eagle Tavern.
ARTHUR ALLEN (Policeman X 106). On the night of 27th June I was called to 1, Telford Road, and took Rowlands into custody from Mr. Blackmore—Sergeant Luby came forward at the time and took him—he asked him if he knew what he was taken into custody for—he said, "I admit being there."
RICHARD LUBY (Police Sergeant X 12). I came up directly Allen had Rowlands in custody, and told him from what Mr. blackmore had said that he would be charged with breaking and entering the Eagle public-house—he said, "I admit being there"—I also said it was possible Mr. Blackmore would prefer another charge against him.
Cross-examined. I told him first he would be charged with breaking into the Eagle, and then that Mr. Blackmore would prefer another charge against him, and he then said, "I admit being there."
Cross-examined. I will swear Rowlands has not been working at Mr. Whiteley's—he has done no work to my knowledge for a long time past—he has done no continuous work, only for a day or two, if any.
Rowlands before the Magistrate denied the charge and that he had offered 2l., and stated that he was under the influence of drink and must have wandered in there.
NEW COURT.—Tuesday, August 10th, 1886.
Before Mr. Common Serjeant.
MR. SALTER Prosecuted; MR. PURCELL Defended.
HENRY BURGE (City Policeman 899). On 18th July I was on duty in Middlesex Street—I saw the prisoner about noon, with a man not in custody, hustling the prosecutor—I saw the man not in custody pass a watch to the prisoner—I seized the prisoner by the collar with my right
hand and the man not in custody with my left—I shouted "Who has lost a watch?"—the prosecutor said "I have"—we struggled, the prisoner pulling one way and the man who escaped the other—I saw the prisoner drop this watch from his left hand on the footway—I attempted to pick it up, still holding the prisoner by the collar, when he broke away and ran four or five yards—I rushed after him; he turned and butted me in the chest and knocked me against a barrow of whelks and mussels—I seized him again and shouted to some one to pick up the watch—Quinn picked it up and assisted me to take the prisoner to the station—he was violent.
Cross-examined. I was in uniform—it was Sunday morning, a busy time—the prisoner was on the pavement; I was on the pavement on the same side—there was a large crowd—my coat was touching the prisoner—the prisoner did not say "You have made a mistake; I have not stolen any watch"—he did not speak.
ROBERT NEWCOMBE . I am a painter, of 5, Victoria Place, Tottenham Green—this watch is mine—I had it on the day in question—the bowl gave way—I felt my chain drop, put my hand up, and found my watch had gone—I called out "I have lost my watch," and the policeman called out "Who has lost a watch?" and I saw the prisoner in the hands of the policeman.
Cross-examined. I was in a crowd.
FRANCIS QUINN . I am a stationer's assistant—I live at Augustine House, Pelham Street, Mile End—I was in Middlesex Street on the day in question about mid-day—I picked up this watch and gave it to the officer; I saw the prisoner struggling with him and I went to the officer's assistance in taking the prisoner to the station—he was very violent.
Cross-examined. There was a considerable crowd—I saw another man.
GUILTY** of receiving. — Twelve Months' Hard Labour. The GRAND JURY highly commended the conduct of Burge, in which THE COURT concurred.
MESSRS. GILL and SAUNDES Prosecuted; MR. GRAIN Defended.
NOT GUILTY .
OLD COURT.—Wednesday, August 11th, 1886.
Before Mr. Common Serjeant.
MR. BODKIN Prosecuted.
MORIS GOLD . I am a tailor, of 32, Providence Street, Commercial Road—on Friday, 9th July, I went with my brother to Leadenhall Street to buy a ticket for America—I do not remember the name of the office—as we wont into the passage of the office I saw the prisoner, who wore a badge on his arm with a number, but I cannot read—he called me out from the passage and told me he had some cheap tickets to sell if I wanted to buy any—I said "How can I be sure that they are all right; if you will give me one I will go to an office and inquire;" but he would not part with them—he showed me a card similar to this one (produced), with a
flag on it, and took me to a parcels delivery office and showed the tickets to the clerk, who said that so far as he could see they were all right; so I bought two and took him to my place and paid him 1l. 12s.—I asked him to show me his number and tell me his name, as if the tickets were not good I should be able to find out who he was—he said "Oh, the tickets are right enough"—my brother was with me—I went to an office in Leadenhall Street to inquire if the tickets were all right, and the clerk told me something—I then went to the ship, Stockholm City, saw an officer, and showed him the tickets; he said something and I informed the police, and pointed out the office outside which I first saw the prisoner, and told the constable the number on his arm, and he was found.
Cross-examined by the Prisoner. I saw no cattle man—my brother did not give you 1l. at my house to go and get change—my wife did not pay the other man 15s. instead of 17s., robbing him of 2s.
By the COURT. There was another man who works at the place where I live, but he cannot speak English, and they did not call him—there was no cheating, the whole 1l. 12s. was paid—I paid the prisoner for the tickets on Friday, and on Saturday I tried to see if they were right, because he told me that the ship sailed on Tuesday—this ticket is similar to those I received from the prisoner—I was not going to take cattle, I was going by myself—the second ticket was for my brother—they took the ticket away at the ship, they said that it belonged to the ship—I wanted to go to Boston, but did not know the price of a ticket.
Cross-examined. There were not two men with you—my husband's brother did not give you a sovereign to change—my husband called two men in to see whether the tickets were good, one was a tailor upstairs and the other I called in from the street—they knew nothing about the tickets, but the prisoner said they were good.
FREDERICK TREW (City Policeman 731). On 12th July I apprehended the prisoner at the corner of Billiter Street; he was walking along with his badge, No. 340, on his arm—I had had a description of him and the number of his badge before—I took him to the station and the prosecutor charged him—he replied "I never received a halfpenny of the money"—he was not put with other men—as he walked along the passage with me at the police-station, Gould was standing back in there and identified him—his badge is now at 26, Old Jewry—shortly afterwards the prosecutor pointed out to me the offices of Messrs. Adamson and Ronaldson, shipping agents, 34, Leadenhall Street and also the parcel delivery office at No. 47—Providence Street is about a mile and a half from there.
Cross-examined. No 34, Leadenhall Street, is on the south side of the way—it is a proper badge which he was wearing, which he would get from the Commissioners of the City Police, to be allowed to act as a licensed messenger.
THOMAS BODELEY . I am employed at the London Parcel Delivery Company offices, 45, Leadenhall Street—on 9th July, between 2 and 3 p.m., the prisoner and Gould came there—the prisoner handed me a ticket similar to this one (produced), and they both asked me to read it—it was the same except the name, that was Martin and this one is Smith. (This ticket stated that the bearer, Smith, going out with live
stock, was entitled to a free passage out and home again, signed C. Furness.) The prosecutor then asked me if that was correct what I had read, and I said "Yes"—he then asked me to write down the address of Adamson and Ronaldson, which I did, and they both left with the intention of going there—there are several other shipping agents in the street, but no other of the same name.
HARRY PEMBROKE MARTELL . I am a clerk in the employ of Adamson and Ronaldson, shipping agents, 34, Leadenhall Street; they are the London agents for the Stockholm City, one of the Furness line—it is the practice on that line for cattlemen coming from Boston with cattle shipped to England to receive a pass similar to the one produced, to allow them to go back again—they are only issued by Mr. Furness, at the Boston office, and only with a cargo of cattle—they are not transferable.
The Prisoner's Statement before the Magistrate. "I never received a farthing of the money, it was paid to two cattlemen. I call no witnesses here."
The prisoner in his defence stated that he was on duty at Billiter Street and met two cattlemen, who asked him if he could sell two tickets, that they were all right for males, but not females; that he met the prosecutor and his brother, who said they wanted to buy tickets, and offered him 3s. each for them, which he would not take; that the prosecutor afterwards paid one cattleman 17s., and his wife paid 17s. to the other.
GUILTY .— Six Months' Hard Labour.
Before Mr. Common Serjeant.
MR. SALTER Prosecuted.
CORNELIUS MCAULIFE . I am a stoker at Bickley, and live at 3, Regent's Terrace, Custom House—I was 16 years in the Army—on 17th July, about 11.10, I was going home, and met the prisoner and another man—the prisoner stepped in front of the other man and said "Take that, you b—"—he had something in his hand, I could not see what, and stuck it into my breast and walked on with his companion—I felt blood trickling down, opened my waistcoat, and saw blood—I spoke to a policeman, who followed the prisoner and took him—he had been knocking about there for about six weeks, and I have "given him the time of day," but had no quarrel with him.
Cross-examined by the Prisoner. I have nodded to you—I did not call you on one side in the Prince of Wales and say "You big-headed son of a b—, I want to speak to you"—I never put my hand on you; I would not associate with your sort—I did not say that I had it into you for the last three weeks—you used no threats to me.
WILLIAM ELEY . I am a dock labourer—on Saturday, 17th July, I was seeing the prisoner home at ten minutes or a quarter past 11, as he was the worse for drink—I have only known him three weeks—he came to see a man who lives in my house—McAuliff stopped the prisoner patted him on the shoulder, and said "Do you know what you were talking about down at the Prince of Wales?"—the prisoner said "I do
pretty well"—the prosecutor said "I know you are the worse for drink, or else I would have had it out to-night"—the prisoner said "Now or in the morning, I don't care which," and punched McAuliff in the stomach—I was behind the prisoner, and did not see what he did it with—I told him to come along, and a crowd came up and captured him, and knocked him into the gutter—I saw no knife, and heard nothing about one—a policeman came up and took the prisoner.
Cross-examined. I did not see him strike you on your jaw, or kick you in your groin, but I saw him do something—I was quite sober.
WILLIAM TAYLOR . I am an engineer, of 6, Prince of Wales Road, Custom House—on Saturday, 17th July, about 11.30 p.m., I was standing at the corner of Prince of Wales Road, and saw the prisoner run down the road, and a man after him—he went round a corner and stood with his hands at his back—I noticed a knife in his hand, and when these chaps came round I shouted out to look out, as he had a knife in his hand—there appeared to be three all at once, and one of them struck him and knocked him down—a great crowd gathered; a constable came and took the prisoner away, and I followed—I afterwards returned to the spot here the prisoner was arrested, and found this knife (produced) in the middle of the foot pavement, where I saw the prisoner knocked down—I gave it to the constable—I did not see the prosecutor.
THOMAS WEIR . I am a surgeon, of 2, Brindisi Terrace—on 17th July I was called to the dispensary in John Street and saw the prosecutor, who was suffering from a clean-cut wound about 1 1/2 inches long, and half an inch deep, about the centre of his chest, two inches above the lower end of the breast bone—this knife would inflict it—there is either blood or rust on it, but it would not be likely that there would be blood on it if the man was stabbed, and then the knife drawn through the clothes—the wound was not dangerous, but if it had penetrated the stomach it would have caused instant death.
ALBERT GODFREY (Policeman K 510). On 17th July, about 11.15, I met McAuliff bledding profusely from his chest—he complained to me, and showed me the wound—I went in pursuit of the prisoner, and found him at the corner of West Street detained on the ground by several men—I took him in custody—he was perfectly sober—I told him I should charge him with stabbing McAuliff with a knife, in his breast—he said "If I had the b—knife I would serve you the same"—he made a blow at me and kicked me, and I struck him and knocked him down, and with the assistance of two constables got him to the station—he was very violent; he is a powerful man—as I was returning to the spot I met Taylor, who handed me the knife—I then visited the prosecutor at 3, Regent's Terrace and took possession of his waistcoat—there was a stab on the left breast of it penetrating his shirt, which was in a fold, and had a corresponding cut (produced)—these stains are all blood.
The Prisoner's Statement before the Magistrate. "He had been using threats to me on three previous occasions, and he kicked me in the groin."
Prisoner's Defence. He hit me in the neck and gave me a kick in the groin, and the doctor attended me. I had a black patch on my thigh and on my belly. I struck him on the breast once in self defence, and he went one way and I the other. I had no knife.
GUILTY .— Five Year's Penal Servitude.
MR. FULTON Prosecuted.
NOT GUILTY .
MR. WILKINSON Prosecuted.
HENRY JOH SLATER . I keep the Bedford Arms, Stratford—on 21st July, about 1 o'clock, I served the prisoner with half a pint of ale, price 1d.—he gave me a sixpence—it felt queer—I bent it on the counter with my thumb, and said "This is a bad one"—he gave me another, which was also bad—I called in a policeman—these are the two coins.
Cross-examined by the Prisoner. You did not say when you put down the second coin "See if this is bad also, for I got them both from one public-house," but you said so to the policeman.
THOMAS ALPRESS (Policeman K 314). On July 21st I was called to the Builder's Arms, and Mr. Slater handed me these two bad sixpences—I said to the prisoner "How did you come in possession of them?"—he said "I changed a two-shilling piece at a large public-house about half a mile from here for a pot of beer," pointing towards Stratford Church, "the barman gave me those two sixpences and 8d. in copper in change"—I found a penny in his waistcoat pocket, and said "What have you done with the rest of the change?"—he said "I spent it at different public-houses coming up the road; I will point them out to you," but he was unable to do so—he was taken to the station and charged.
Cross-examined. You did not say "There is one public-house where I hare been "or" I can show you the house if you will take me," nor did I say "It is not in my power"—you did not say that there was a hole in the penny you had and you did not want to part with it—there is no hole in it—this is it (produced)—you asked me to go to Mr. Bryant at Globe Road, where you worked five years ago, and I went—he promised to come to West Ham to give you a character, but he did not.
The Prisoner's Statement before the Magistrate. "I had a two-shilling piece. I paid for a pot of ale and got the change, in which I had the two sixpences and eight penny worth of coppers."
He repeated the above statement in his defence.
GUILTY .— Six Months' Hard Labour.
MR. WARBURTON Prosecuted.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
Before Mr. Justice Field.
MR. HUTTON Prosecuted; MR. BLACK Defended.
GUILTY .— Seven Years' Penal Servitude.
Before Mr. Recorder.
To enter into his own recognisance in 10l. to appear for judgment if called upon.
GUILTY of the attempt. — Four Months' Hard Labour.
MR. SAUNDERS Prosecuted.
ERNEST BERTRAM . I live at 2, Albion Villas, Sydenham Park—I have been shown a rocking-horse, which is mine—I had seen it last on Saturday, 10th July, in the garden, about 8 o'clock—I missed it next morning—it was in a dilapidated condition, and therefore not worth much—some lead was stored in my backyard; I have not kept account of it.
JOHN GATES . I am a potman at the Fox, Harrow Street, Greenwich—Spencer came to me on 10th July about 9 p.m.—he asked me to come and help him shift some lead and bring a barrow—I said I could get a barrow, and Cock, who was standing at the corner, said he could get a barrow—Cock went and got a barrow, and fetched Gallagher—then all four of us went to Forest Hill—when we got there Spencer says "Come on," and I came away directly—Cock and Gallagher came after me—I said, "You can go if you like, I am not going to have anything to do with it," and I came towards home—before I got to Brockley I sat down—I saw Spencer, Cock, and the other man shoving a barrow with this rocking-horse on; they were coming towards me—Spencer and Cock left Gallagher, and he shoved the barrow then—they took the barrow to a house in Roan Street, Greenwich; Cock and Gallager live there—they put the rocking-horse over the back of the fence—Spencer stopped with Cock—I gave information to the police.
Cross-examined by Gallagher. I did not engage Cock to get a barrow nor tell him to fetch you to be in the way of earning a few shillings.
Cross-examined by Cock. I did not ask you on Saturday night for a barrow—you were not drunk—I did not know what you were going after.
searched the place—I went downstairs into the cellar and found a large rocking-horse—I came upstairs and said to the prisoners, "How do you account for that rocking-horse being downstairs?"—both said, "We do not know anything about it, we have not been in the house long"—I told them that was not satisfactory—they then said, "Well, we will tell the truth; Gates and Spencer came to us last night, and asked us to go and move some things; Gates took a barrow, and we went to Tanner's Hill"—I said, "You went farther than that, you went to Forest Hill"—they said "Yes"—I took Cock and Gallagher into custody—the rocking-horse was identified by the prosecutor at the station.
WILLIAM MORGAN (Police Sergeant R). I went with Francis to 60, Roan Street, and assisted in apprehending Cock and Gallagher—I afterwards went to the Stores, Deptford—I told Spencer the charge—he said, "I know nothing about it"—at the station I woke Cock and Gallagher up, and repeated the charge to Spencer in their presence—he said, "I know nothing about it"—Gallagher said, "Spencer knows all about it."
SPENCER** PLEADED GUILTY to a conviction of felony in February, 1884, at this Court.— Six Months' Hard Labour. GALLAGHER and COCK— Five Days' Imprisonment.
MR. GILL Prosecuted.
ROBERT COLE . I am drill sergeant at the Royal Naval School, New Cross—I know Oborn well; he was at one time in employment there as hall boy—on the night of 9th July, access was obtained to the premises and I found in the morning of the 10th that some of the pupils' boxes had been broken open in a cupboard, and different articles had been stolen—I found a felt hat in a box and a pair of shoes at the back of the buildings—amongst the things stolen was a hat and a pair of cricket shoes—the hat I found in the box I believe was the prisoner Oborn's, I had seen him wear a hat like it and I had seen him wear shoes like those I found—I found some pawn-tickets in the cricket field and gave them to Sergeant Winger—information was given to the police on the 10th, they had been communicated with before.
Cross-examined by Oborn. I knew the hat because we had searched it six months before and found pawntickets inside the lining—I looked at it particularly then and can swear to it.
WILLIAM ROFFY (Policeman P 538). I received information with regard to things stolen from this school before 9th July, and I kept watch on several nights—on the morning 16th July at 4 o'clock I was inside the school grounds and saw the two prisoners in the cricket ground looking through the fence, I was about 100 yards from them—directly they saw me they ran away—I had to go some distance round the fence to get to the playground field where they were and they got away from me—both of them had their boots off and under their arms—I am sure the prisoners are the two, I know Oborn.
ALLFRT FIELD . (Policeman P 292). I had information about this and was looking for these boys—on evening 20th July I saw them together in Church Street, Camberwell—I stopped them and told Oborn I should take him into custody on suspicion of stealing from the naval school—
he replied "All right"—Jones said "Are you going to charge me the same as him"—I said "Yes"—he said "Then I am not in it"—Harris was not far off me.
ARTHUR HARRIS (Detective Sergeant P). I was close by when the last witness arrested the two prisoners—I said to Oborn "You will be charged with committing two robberies at the Naval School since 28th June"—he said "All right"—Jones said "Are you going to charge me as well?"—I said "Yes"—I took them to Brockley station—Oborn was wearing a hat which has been identified by Boxer—that was taken from him and this other one given to him—on Jones I found a cigarette-case identified by Boxer—on Oborn I found a pocket-book identified by Rolland—I found two pawntickets on each prisoner—these are the two pawn tickets found in the cricket field, this purse was found on Jones.
----OTWAY. I am assistant to Mr. Farrell, a pawnbroker of Lambeth—I produce a cigarette-holder and case pledged with me on 14th July—this is the duplicate. (This was one of the two found in the field.) I could not swear to the person who pawned it.
GEORGE MURRAY ROLLAND . I am a pupil at the Royal Naval School, New Cross—on evening 9th July I saw my case of drawing instruments, pocket-book, cigarette-holder and case safe in my desk in the class-room—I missed them next morning—these drawing instruments produced by Mr. Gordon, and this cigarette-holder and case, and pocket-book are mine.
----BOXER. I am a pupil at the Royal Naval School—the hat Oborn was wearing when taken into custody is mine, and was taken from the school on the night of the 9th.
Cross-examined by Oborn. I had it for four months, and have not the slightest doubt about it.
Jones in his defence stated that Oborn had given him the cigarette-holder.
GUILTY . JONES recommended to mercy by the Jury.
OBORN then PLEADED GUILTY** to a conviction of felony at Greenwich in December, 1885 There was another indictment against the prisoners. OBORN— Twelve Months' Hard Labour. JONES— Three Months' Hard Labour.
MR. WILKINSON Prosecuted.
CHARLES CLIFT . I am a pawnbroker, at 41, Maxey Road, Plumstead—on 12th July I closed my shop at 20 minutes past 9—I last saw my property safe at 11—I missed it about a quarter to 9 next morning—it consisted of two gold alberts, two silver watches, silver brooch and earrings, and 2l. 19s. in money—the jewellery was in a drawer under the counter, and the money in a till in a bag—the value of the property, including the money, is about 18l.—I identify all these as mine—I know nothing of the prisoner.
LILY FAITH . I live at 89, Hare Street, Woolwich, and assist Mr. Warren, a watchmaker—on 14th July the prisoner brought three links of an albert, which she wanted made into a ring, and she left them with
us—she said she had had the albert lying by for some time, and being no use she wanted it made up—she came on Friday morning and again on Friday evening to see if it was made up—she was a stranger to me—it was not done—these are the links.
GILBERT PRITCHARD . I live at Glyndon Road, Plumstead, and am potman at the Duke of Wellington public-house, William Street, Wool-wich—on 16th July I was in the cellar of the Duke of Wellington about half-past 8 p.m., and I heard something come down—I looked up and saw this jewellery, two watches, two chains, a broach, and a locket come down through a hole by the door-step—I picked them up and took them to the police-station—I saw no one drop them—I could not see up through the hole.
GEORGE BRENCHLEY (Police Sergeant R 3). On 16th July I received information about the robbery at Mr. Clift's, and in consequence went to 66, High Street, a common lodging-house, where I found the prisoner—I told her she had left a portion of a chain at Mr. Warren's to be made up into a ring, which had been since identified as a portion of Mr. Clift's property, and I asked her how she accounted for possession of it—she said "I picked it up some months ago"—I told her she would have to come with me to the police-station—she put on her bonnet and shawl; she had a child in her arms—I locked the door and left a constable outside—she said a woman had given them to her, and she mentioned the names of Johnson, Harvey, and Beaumont as the woman who had given the things to her on Sunday morning, and said she expected to have the brokers in, and told her she would be justified in spending any portion of the money she chose—in going to the station we passed through William Street, where she said she felt very faint and ill and begged to be allowed to sit down—I allowed her to do so on the doorstep of the Duke of Wellington—she sat there three or four minutes, and then I begged her to get up—I got her inside for a minute, and then got her to the police-station—subsequently Pritchard brought the articles to the station—afterwards I looked at the public-house—there is a hole, by the two steps leading up to the door, as big as three fingers, where two bolts go down, and there was just space for her to put these things through—that hole leads into the cellar—at the station I said to her "Have you any money about you?"—she handed me a purse containing 19s. 3/4 d. saying that was all she had left—she gave me information implicating other persons, but she said that they were not the persons—I asked her at the station why she threw the jewellery down the hole—she said "Because I did not want the articles found on me"—I showed them to her.
The prisoner in her defence stated that the articles had been left with her to mind by Mrs. Johnson, a woman who had been at school with her, and stated that she would not have left the chain with the jeweller in her own name and address if she had known it had been stolen.
CHARLES CLIFT (Re-examined). I do not know Mrs. Johnson—my shop was not broken into—some one must have come in between half-past 8 and a quarter to 9, before I was down, taken a chair down, and got over the counter—some one may have done that; I don't know who it was—the locket was on the chain when I took it in pledge.
where the prisoner said Johnson was living, but cannot find her—I do not know her.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
841. HENRY SQUIRES (41) , to stealing a number of tickets, the goods of Christopher George Dix, after a conviction of felony at this Court in March, 1879, in the name of William Squires.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. SALTER Prosecuted.
JANET BIRNIE . I am the wife of Joseph Birnie, of 25, Belmont Park, Lee—on Saturday, 3rd July, I went out shopping, and was returning home about 1.40, and when I got to the loneliest part between two garden walls, a man whom I had not seen jumped on my left shoulder and snatched my purse out of my hand—I turned and saw two men, but did not see their faces—I called out and they immediately ran off—I recognise the prisoner's coat and am sure he is the man, because I never lost sight of him—I ran after them, calling "Stop thief"—they ran into the highway and a young labourer ran across the road after the prisoner, and Mr. Appleby, who was in his cart, called out to me "Do you want to stop that man?"—I said "Yes, stop thief," and he went after him—I lost sight of him turning into Belmont Park, and half an hour afterwards saw him in the hands of the police—there was 8d. in my purse—he jumped on me with considerable violence and hurt me.
Cross-examined by the Prisoner. I did not lose sight of you till Mr. Appleby had you in sight—the coat of the man Mr. Appleby caught, was precisely the same as yours.
GEORGE APPLEBY . I am a laundryman, of 32, Taunton Road, Lee—I saw Mrs. Birnie chasing the prisoner, who had another man running in front of him—I said "Do you want that man?"—she said "Yes, stop thief"—I was driving in my cart and chased the prisoner quite a mile, keeping close by him—I did not lose sight of him for a moment—he said "You b—, if you get out of that cart I will murder you"—I said "Very well, you try it on"—my pony fell and broke his knees—I took the big end of my whip in my hand, got out of my cart, and said "Now you come at me"—he ran away; I called "Stop thief"—he went a long distance before anyone attempted to stop him—two or three surrounded him and he was taken in custody.
FREDERICK CLAYTON . I am a labourer of 14, Esplanade Terrace, Lewisham—I was in Lee Road and saw Mrs. Birnie following the prisoner and another man, and crying "Stop thief"—I stopped the other man, but he hit me in the jaw and got away—the prisoner ran on, and Mrs. Birnie after him—the prisoner is the man I first made a rush at—I did not see Appleby.
MARTIN WALSH (Police Sergeant R 37). I was On duty in High Street, Lee, heard cries of "Stop thief," and saw people running—after running a considerable distance the crowd stopped, and I saw the prisoner
with his back against a wall and his hand in his left coat pocket—Appleby said "That is him, governor"—I said "What has he done?"—he said "He has done something to a lady in Blessington Road"—I said "I shall have to take you in custody on suspicion of having committed some crime"—he said "All right, Sir"—I took hold of his left hand and said "You have got something in that pocket, what is it?"—he said "I shan't tell you"—when we got to the station I found this purse in his left coat pocket, it only contained a penny, but there was another penny in another pocket, and he afterwards produced sixpence for refreshments—Mrs. Birnie identified the purse, and the prisoner.
The prisoner's statement before the Magistrate. I never took the purse. I picked it up and ran away with it; two men ran after me. I thought they were going to take it from me. I should have given it up to the police if they had not run after me.
Prisoners Defence. Do you think if I took the purse from the lady I should not have thrown it away, but I kept it in my pocket.
GUILTY .*— Fifteen Months' Hard Labour.
The Court awarded three guineas to Appleby for his conduct and for the injury to his pony.
MR. FULTON Prosecuted; MR. GEOGHEGAN Defended.
JOHN RANTON . I am a labourer, of 1, Cannon Row, Woolwich—on 24th June I went to the wharf by the Woolwich Gas Works to look for employment—the prisoner is foreman there; I had worked under him there about eighteen months ago—I had been there several times in the interval, to get work, but never went on the wharf—on this evening I went on the wharf, and saw the prisoner, and said "Is there any chance of coming to the screw to-morrow?"—he said "Go and*"—I told him to do it himself—a dozen or more men were sitting round—the prisoner went to his office on the wharf—I was going off when I saw him at his office window, and I asked him the reason why he would not employ me as he had done so before—he said "Look here, Jack, I will tell you the reason, there is such a lot come to the boats now, I don't know who is coming, the best thing I can tell you to do is to come down in the morning when the boat is in"—I said "That is something like an answer," turned to go out, and he knocked me down—I did not feel anything till I was picked up, I became unconscious—he had a screw hammer in his hand similar to this (produced) when he was talking to me—when I came to my senses I was in the police-station in William Street, Woolwich, suffering from a wound at the back of my head—I then went home and am still under medical treatment.
Cross-examined. I rent the whole of the house, 1, Cannon Row, Woolwich; no lodgers live in it, only my brother-in-law—I worked in the Arsenal 16 years ago—I have not been out of work 18 months—during that time I have asked Mr. Southgate twice for a job, and he has told me not to come to the wharf—Messrs. Winter and Co. are his employers; they have not told me not to come to the wharf—I knew as a fact that Mr. Southgate was acting under their instructions when he forbade me not to come to the wharf—there was not a strike at this firm about 18 months ago—the men would not go to work; I was not one of those men—I
wanted to go to work, and Mr. Southgate would not let me—I was not discharged from their service—since that time I have done two boats for that company; I cannot tell you the dates; I was a night and a day doing them—I had had a little drink on this night, I was not drunk—I was quite peaceable to Mr. Southgate; as a rule, I am a peaceable man—I do not know a publican at Woolwich named Best—I never presented a pistol at him, threatening to shoot him; the pistol I had could not shoot any one—I never had a pistol at all, it is an air-gun—I never presented an air-gun at Mr. Best, threatening to shoot him, it was a shooting-board gun—I get my living with a shooting-board—I have six guns—I never presented one at Mr. Best, threatening to shoot him, that I swear—I have been in the witness-box in Court before, and in the same predicament as Mr. Southgate is in—I and my brother had a row together, and there was a knife in my hand, and the Magistrate gave me a month's hard labour; I cannot tell you whether that was for stabbing my own brother—I have also been fined 1l. to the poor-box for fighting with a Mr. Edwards; he got off—I know a Mr. Ellis; he and I did not have a bit of a row, nor did I threaten to stick a pointed coal shovel through him, not that I know of, I suppose I must say yes—when I first spoke to the prisoner he was close by the steam crane—I cannot tell you how far that is from his office—I followed him into his private office because he told me to come down and see when a boat came in—I had to pass his office to go out—he did not ask me to go in, I went in to speak to him—I know Arthur Campbell, William Barker, and Thomas Knight; I do not know what they are—not long ago a sailor was killed in my house, and they want to find out who killed him—I cannot say whether they said one of my lodgers had killed him—Mr. Lademan was my solicitor in the matter—I paid him, a publican in the town did not—Mr. Southgate keeps a public-house—I swear a publican in the town named Brill did not pay my expenses, or one named White.
Re-examined. I did not murder the sailor, I tried to find out who did—I have a shooting saloon, and at holiday times I make a little with it—I did not when I went and asked the prisoner for work have any of these guns in my possession—this wharf is open; there are big gates—I am in much pain now.
THOMAS PARDON . I am a labourer, of 10, Collingwood Street, Woolwich—I was on the wharf at Woolwich on 24th June about 5.30 p.m.—I saw Ranton holding an argument with Southgate—Ranton called Southgate a long, narrow-gutted b—; I did not hear what Southgate said, but I heard him make a noise talking—they were equal in bad language to one another—Southgate left the wharf and went to his beerhouse with two men—there is a lobby there; Ranton went in there—I heard a noise and scuffle in the lobby three or four minutes after-wards—I went to the lobby door, looked in the centre of the lobby, and saw Ranton lying two feet from the threshold of the door, which opened inwards—he was bleeding very heavily from the head; his face was downwards in the muck, in the coaldust; he was insensible—Southgate was looking at him with his face towards the man's back, and standing at his feet—I raised up the man's head, and put the palm of my hand on it to prevent the bleeding—the wound was on the back of the side of his head—I said, "Mr. Southgate, you have killed this man, you will be hanged for this"—Southgate made no answer—I repeatedly said, "The
man is dead, and you will be sure to be hung"—he said, "Let's lift him out of the lobby," and put his arm round the man's waist and helped to carry him out of the lobby—when Ranton came to his senses he got up, with my assistance, wandered away, and never said a word—the beerhouse is close to the wharf—Arthur Campbell is always in and out of the beerhouse—Barker is a stranger to me, I have not seen him much—Thomas Knight is night and day in the beerhouse and on the wharf—Ranton was not the worse for liquor, because he walked with me on the wharf.
Cross-examined. I know the publican Brill; I go to Brill's for liquor regularly—Randon goes to White's—I have seen Brill and Ranton speak, not since this matter—I am a carman—Southgate said "You won't work on the wharf no more," and then the man called him a long, narrow-gutted b—; that is all I heard—I have known Ranton about six weeks—Newlyn and John Mitchell work for Mr. Brill, who is a foreman as well as publican—I did not see any blow struck by Southgate.
JOHN MITCHELL . I am a labourer, of Collingwood Street, Woolwich—I was at work on the wharf on 24th June—I saw Ranton conversing with Southgate; I could not hear what they were saying—I afterwards heard a scuffle in the lobby, and I ran away from where I was working—I saw the man lying on the floor bleeding from the right hand side of the head; he was quite unconscious—Southgate was standing at Ranton's feet; Pardon was trying to stop the blood—Southgate assisted Ranton out of the lobby—I saw Southgate pass a bar and put it in the corner; it was a small crowbar; it may have exceeded three feet in length—I saw that through the door shortly after I got there, and before the man was moved—it was not the hammer produced nor that. (A long bar.) Ranton got up and walked away as if he were unconscious—I did not hear South-gate say a word.
Cross-examined. Ranton did not accuse Southgate—the lobby is used to keep tools in—there is a lot of coal dust about—the tools are in the corner; there is a padlock on the door—I worked on the wharf for James Brill, a foreman in the same employment as Southgate.
Re-examined. Ranton was perfectly sober.
PHILIP NEWLYN . I am a labourer, of 17, Union Buildings, Woolwich—I was employed on the wharf on 24th June—I saw Ranton and South-gate quarrelling, having high words together; I did not hear what was said—Southgate went into the lobby outside the wharf and Ranton followed; they scuffled—I saw Ranton bleeding on the floor, and I returned to my work—I left Pardon there.
Cross-examined. The place where they were quarrelling is on Messrs. Winter's premises.
FREDERICK ALEXANDER (Detective R). About 6 p.m. on 24th June Ranton was brought to Woolwich Police-station suffering from a wound on the left side of his head; he appeared stupid—I sent for Dr. Login, the divisional surgeon, who dressed his wounds—Ranton had several fits; it took several men to hold him—when his wounds were dressed he was allowed to go away with his friends—in consequence of a statement he made to me I was directed to make inquiries whether Southgate should be arrested or required to go to a Magistrate—I went to the coal wharf of Messrs. Winter and Rahtz in Woolwich; I did not find South-gate there—I returned to the station and met him outside—I said
"Ranton has been to the police station and complained of your striking him on the head with a hammer"—he said "No, I did not do it, I have two witnesses here with me who know different"—I then accompanied Southgate to the lobby on the coal wharf—Southgate showed me the place where Ranton was standing inside the lobby—he said "Ranton was abusing me and I asked him to leave the lobby several times; he was very drunk and refused to go. I took hold of him, gave him a push, his feet caught in the loose chains which were lying on the floor, he fell backwards and his head came in contact with this lock which was hanging upon this doorpost (Post and padlock produced)—I examined the lock and found spots of blood upon it—it was about 7 p.m.—about two feet six inches on the side of the lobby and near to the floor I found a great quantity of blood, and a pool of blood on the floor—it appeared as if his head had laid close to the boards—the lobby is about eight feet square, about ten feet high, and is used for tools—the door opens inwards and is fastened by the padlock—you can see the whole of the lobby when you have closed the door from inside—there is a little window looking towards a dead wall; some of the glass is broken—this spanner-hammer was not there; I borrowed it to show the Magistrate the kind of instrument spoken of—a great number of tools were there; there was a spanner with a long handle—Ranton said that was not the instrument used—Ranton was suffering from loss of blood and apparently half conscious—Southgate had a screw hammer in his hand like this; a spanner.
Cross-examined. Southgate came voluntarily to the police station—this is what he said: (Reading from the depositions) "Ranton went on to the works, was drunk, asked for a job, was told there were full hands and used bad language. I went into the lobby and Ranton followed me. I then asked Ranton to leave; he refused. I pushed him, his feet caught in some chains, he fell and his head came in contact with a lock, by which he was injured." Ranton appeared as though he had been drinking—he was partially suffering from loss of blood—I did not smell his breath—some chains were lying on the floor—the pool of blood was as if his head had struck the doorpost and he had then rolled down—the blood was on the wall and on the floor—I have known Southgate about twelve months; he is in the service of Messrs. Winter and Co.—Mr. Rahtz, a member of the firm, is here to give him a character—the complainant is known in Woolwich.
JAMES WATSON . I am a medical practitioner, of High Street, Wool-wich—on 24th June I attended Ranton at his house, about 9.15 p.m.—I found him in convulsions and bleeding from the head, almost close to the middle line of the back of the head, on the left side, near the base of the brain—the blood was still oozing; he was more or less in danger then, he was afterwards in danger of lockjaw—he did not speak to me that night—I merely stopped the bleeding; I did not smell his breath—I told his friends to let him come to my surgery in the morning—he came between 10 and 12; I examined his head—I found two wounds, one very slight, just a little below the crown of the head; another one to the left, a little lower down, about an inch long one way and half an inch the other two sides of the wound—I dressed the wounds—he came to me every morning for five days; he got worse every day—eight days after-wards I got a message and went and found him in bed, unable to get up—I feared lockjaw would set in—he is not quite well yet; he complains
of being unable to hear with one ear—that might possibly be the effect of the blow, but not probably—the bottom wound might have been caused by a fall, or a blow from a blunt instrument—this spanner might have caused the two wounds if opened, or the bottom one if closed—if the blunt instrument had caused the bottom wound and he fell, I do not think this padlock would cause the smaller one—if he had been thrown with great force, and the padlock had been open, he might have been wounded in that way—I saw the padlock in another position, and so gave a different opinion before the Magistrate—the distance between the open parts of the padlock was the same as the distance between the wounds, about two inches; I did not measure it—I said before the Magistrate that he must have been thrown with great violence to cause the wound—that is my opinion still.
Cross-examined. If the wounds were inflicted by this instrument the screw-spanner, I should not expect to find them of the same gravity, nor the top one to be the severest wound—one wound is not exactly below the other, but obliquely from it—the padlock might have caused the wounds I examined, if the man was pushed with great violence, but not with a slight push.
THOMAS PARDON (Re-examined). The door of the lobby was right open when I got there—Ranton's head was inside, two feet from this padlock; he was lying on his face—the padlock was fastened up, but no key in it—I did not see any blood on it.
By MR. GEOGHEGAN. I have been in Court since I gave my evidence—my attention was called to the padlock by Southgate saying "This is what he fell on"—that was after I had been for my horse and cart, and came back again—I said Mr. Ranton walked away; Southgate went afterwards to the beerhouse—I did not assist Ranton to the station.
By MR. FULTON. Southgate also showed the padlock to Campbell and Parker.
Witnesses for the Defence.
ARTHUR CAMPBELL . I am an engineer, of 43, Cairns Road, Plaistow—on 24th June I was on the wharf at Woolwich—I heard Ranton ask Southgate if he had got the quantity of men he wanted to unload the ship of coal that had come in—Southgate said he had, and Ranton called Southgate all the long cow's sons he could, and used frightful language—Southgate walked away into his lobby, Ranton followed him; I Walked towards the lobby—I heard Ranton blackguarding Southgate; Southgate persuaded Ranton to leave the wharf—Ranton said he would not—I was within three yards of the lobby door—Southgate shoved the prosecutor, who caught his foot in some chains on the lobby floor, and fell backwards, and his head came in contact with the staple and lock in the doorpost—Southgate had nothing in his hand—Ranton was beastly drunk, and his language was something awful—I am not employed at the wharf.
Cross-examined. Ranton was so drunk he could not walk straight; anybody could see from his conversation and walk he was drunk—Ranton had his back to me, I was inside the lobby door; I was the first to help Ranton—his back was on the ground, his head was about a yard from where the door is, right outside—he caught his head on the lock—
his feet were inside and his head outside—I got his arm, and with Pardon lifted him up—he was not entirely insensible—he said "I am hurt very much"—he bled pretty fair, Pardon stopped the blood—Southgate said nothing then—Pardon said "You have Killed the man"—he never used the words "And you will be hanged, "I should have heard him if he had—Southgate said "No, I have not, for I have never hit him; he has done it himself with his fall"—he said that afterwards—he made no answer when Pardon said "You have killed the man"—I did not say anything, because I saw he had not killed him—Southgate never said "Let us carry him out," he was led out by two of the witnesses—I never assisted him farther than getting him up—I was there—we did not stop there above a quarter of an hour altogether—I did not stay examining the lock nor the post, nor see Southgate examining it—I bad called to see South-gate, as I know him—Southgate never drew my attention to the padlock—it was open; I noticed it at the time, for I saw blood on the lock—I have known Southgate nine years—I am not his friend, only his working mate—I work for the West Ham Board.
THOMAS KNIGHT . I live at 9, Collingwood Street, Woolwich—I saw Southgate and Ranton going towards the lobby—I heard Ranton call Southgate a funny name—I got up off the pile I was sitting on and saw Ranton fall and catch his head on the lock—it was a galvanized padlock—I stood outside the lobby.
Cross-examined. Ranton's head was eight or nine inches from the door-post inside—he was on his side.
WILLIAM BARKER . I live at 1, Meeting-House Lane, Woolwich—I was at the wharf—I heard Ranton ask Southgate for a job and then call him bad names—I saw them go towards the lobby—I sat on the window-ledge—I could see into the lobby—some of the glass was broken—Ranton followed Southgate in and called him a long name—Southgate said "Go out"—Ranton would not go and Southgate gave him a shove—I ran to the door and saw Ranton lying down—Southgate had not anything in his hand.
Cross-examined. Ranton's head was under the lock, a little further in, about two inches, as far as I could judge—Ranton was lying on his back with his face up.
WILLIAM RAHTZ . I am a partner of Messrs. Winter and Co.—I have known Southgate seven years—he is one of my most trusted workmen; a foreman for unloading steamers—I have warned Ranton off our wharf—I had given Southgate orders not to allow Ranton on the wharf and never to employ him, he encouraged the men to strike—Southgate is a peaceable man.
The prisoner received an excellent character.
GUILTY of a common assault, greatly provoked by the prosecutor .— Judgment respited.
MR. PURCELL Prosecuted; MR. GEOGHEGAN Defended.
SYDNEY SMITH . I am a grocer, of 26, Silverdale, Sydenham, and my business place is at Kirkdale—about three months before July last, I engaged the prisoner as housekeeper to look after the business premises at
Kirkdale, at 20l. per annum, and to be allowed to keep her little boy there—she was absent from Sunday, 18th July, until the Wednesday evening following—on the Monday morning I had a letter from her, supposed to be written from Stoke Newington, saying that she was too ill to come back—on Wednesday, 21st, between 9 and 10 p.m., she came to the private house and said "I am very sorry, but I have been very ill, in fact, so ill that my friends had to wheel me about in a bath chair at Stoke Newington, and I was too ill to come back; on the following morning I went down to Walton-on-the-Naze"—I said "If you were well enough to go down there you were well enough to come back to Sydenham"—she said "Well, perhaps I ought to have done so and have told you if I was not well; while I was at Walton-on-the-Naze, my mother received a letter from Mrs. Smith"—she wished to know if I could not make arrangements for her coming back, but I said "No," I had made arrangements—between 11 and 12 next day I received information from my wife and went to the room the prisoner had occupied, and found in the grate a tin of tongue, a tin of pears, a bottle of brandy, a bottle of claret, a bottle of sweets, a bottle of pickles, a bottle of ginger ale, a jar of extract of meat, a bottle of jelly, two tins, six bottles, and one jar—they were piled up and concealed by a piece of cardboard—they were such articles as would be in my store below—between 2 and 3 I saw the prisoner, and she said "I am ready to go, will you settle with me?"—I said "I should prefer seeing your boxes before they are removed"—she said "Very well"—I sent for a constable—I did not find any of my goods in her boxes, and I said "Where are the goods that were in the grate?" they had gone then—she said "I know nothing about any goods"—I said "I shall have them found then"—I had not seen the prisoner come into the house since I saw the goods—I looked into the next room, which is a kind of lumber room with a vacant bed in it, and found the goods, which I had seen in the grate, hidden under the bed clothes—she said she had not moved them there—I said I should charge her with stealing them—I also found at the same time, in different parts of the room, covered over with old card and matting, or something of that sort, six bottles and a jar, a brush and a bottle of odonto, and other articles similar to those I had in my shop—she was then taken to the station, where I charged her, and then came back, and two hours afterwards I received a message, returned to the station, and saw her—she began to cry and said "I know you wish me to tell the truth"—I said "Yes, of course"—she said "Those goods were given to me by one of your men; I know it was wrong, but I am very sorry"—I said "I don't believe a word of it, you are only making your case ten times worse by implicating innocent people, if you have nothing more to say to me I must be going"—she said "What will my father do, and what will my mother do?"—I repeated again that I must go—she said "Don't go yet," or "Wait a moment"—I repeated again that I must go—she then said "I am ashamed to own it, I did take the things, and I am guilty; now I hope you will forgive me for the sake of my father and mother"—I said "I will confer with the Inspector"—I made no promises.
Cross-examined. I am the only person who heard the alleged confession—I did confer with the Inspector, I saw him at the police-court once but he did not give evidence—I never had a conversation with anyone about this promise to forgive, my solicitor did not tell me the legal effect
of it, I swear that—the day after that confession she was brought up, she never said a word then—I was not examined all through as if that confession never took place, her solicitor said it was wrung out of her by threats and promises—the prisoner slept at the Stores, and my wife at my private house—she was the working housekeeper at the Stores, and I relied on her to look after the domestic arrangements there—my wife does not assist in the business or in the domestic arrangements at the Stores, she would as a rule go there once a week, some weeks she may have been there twice—the prisoner's little boy was not in the house when she left on the 18th—I first heard on the Tuesday that she had been to Walton-on-the-Naze, by a letter purporting to come from her mother—my wife received it on the Monday morning—I did not know that she was going to Walton-on-the-Naze. (A letter was read in which the prisoner stated that she was ill and intended going to Walton-on-the-Naze.) I did not know that her little boy was staying at Walton-on-the-Naze—the prisoner came to me as a widow, I know she left her husband because of his ill usage—I spoke to her first about 12 o'clock on the Thursday—four persons in my employment sleep in the house, there are 10 or 11 in and out of the premises all day—this lumber-room is on the top floor and near where these four persons sleep, and if they wished they could have access to the room—none of the 10 persons had any business up there, but there was nothing to prevent them going up—the prisoner's room door was not locked while she was gone, and they could have gone in there or in the lumber room—all the 10 persons have access to the Stores—I have had the servant at my private house about 12 months, she went on the Monday to the Stores to get a bit of dinner for us, because there was no one else to get it, it was a most unusual thing for her to go to the Stores—she went on the Tuesday for the same reason—I think, the prisoner had one half holiday, and she may have been out for a day—my wife went into the lumber room before the things were found there, she said she was going through all the rooms before the new housekeeper came in, as they were dirty—I never missed anything from my shop before I went upstairs, the stock is very enormous—I don't know whether the prisoner had a key by which she could come into the Stores—the prisoner did not on the Wednesday ask permission to sleep at the Stores that night, she asked whether she might pack up some things, and I said the men had strict orders not to admit her—on the Thursday she did not come in through the shop, so she must have got in through the back—the policeman was there before the boxes were searched, and it was at my instigation that he was sent for—the grate was filled with things, anybody going over to the mantelpiece could not see what was in the grate because a piece of cardboard was fixed in like a fire-screen and covered it to the top—she made no reply to the charge in the hearing of the police—her father is a wholesale stationer in Stoke Newington, in a large way of business—I have made no inquiries respecting him—I have a lady here as a witness with whom the prisoner lived before; she was not called at the police-court—I have a man named White in my service—some of my assistants have left me recently, the last was three or four months ago, I believe before the prisoner came—when my wife called me up she said "Come and see these things in Mrs. Pearn's room—the cardboard was removed when I got up, but I know it had been there because my wife put it back as she had found it.
Re-examined. One of the assistants has been there 10 years, one 5 years, and one boy and an apprentice about four months, they are honest persons, and I have confidence in them—four out of the ten are my children.
By MR. GEOGHEGAN. The prisoner did not complain of the state of her bedroom roof that I am aware of—she complained of the rain coming through—I don't remember my wife saying she took too much upon herself—there was no disturbance between me and my wife about it.
MARIA SMITH . I am the prosecutor's wife, and live at Silverdale—the business is carried on at Kirkdale—on 22nd July, between 11 and 12 a.m. I went into the room occupied by the prisoner at Kirkdale and looked round it—I was alone—I saw a dirty piece of cardboard covering the top of the fireplace and paper in front of the bars and around them concealing the contents of the grate—I removed the cardboard, and found the articles named, and spoke to my husband and showed them to him—I had previously been in the lumber-room, but found no goods there then—Christina McKay was with me in there, but after going into it she had to go down and look after the dinner—I did not go into the lumber-room after the prisoner came into the house—I left to go home.
Cross-examined. We were thinking of engaging a new housekeeper; that thought crossed my mind when we found the prisoner did not turn up on Tuesday morning—I told my husband about it at 11 o'clock on Thursday morning—I knew at that time that the prisoner had come back—I used to go to this shop occasionally for stores, about once a week; I was always there on Saturdays—until I called my husband up I was the first person who saw these things in the grate—the lumber-room is opposite that room; you have only to cross the lobby—Christina McKay had been in all the rooms with me except the room where the things were found, and a front room, a man's bedroom—I and she thoroughly searched the lumber-room to see if there was anything to go to the laundry; we didn't find anything suspicious then—I was not present when my husband found the second lot of goods in the lumber-room—when I found these things in the grate, I said to my husband "I wish you would come up and look at the grate; it is packed with goods"—I went in her room to see what state it was in for the other housekeeper—I had been in her room before she left, but had not noticed the cardboard there then—it drew my attention to it, because it was dirty and common—it was not there with my former housekeeper—I don't know who put it up—I don't remember the prisoner complaining about the state of the roof, and the water coming in, and my saying she took too much upon herself—I did not say that to my daughter that I know of—I was not satisfied with the prisoner as a housekeeper—I said to my husband that there was something about Mrs. Fearn I did not like, but I did not know what it was—I did not take a dislike to her—he said "She is all right"—I thought she was not dressed as she might be—I did not engage the new housekeeper without asking Mr. Smith—the last house-keeper was with us three years.
Re-examined. I did not put these things in the grate—Mrs. Glass was the prisoner's last employer—I searched the bed when I searched the lumber-room, because there were several dirty blankets there, not for jam pots.
months at the private house at Silverdale—on the Thursday I went to Kirkdale with Mrs. Smith—we went into the men's bedroom and Mrs. Smith went into the housekeeper's room, but I did not—before that we went into the lumber-room, and the bed was turned over to see if there was any linen to go to the laundry—the rest of the room was not touched—we looked all round it, but found nothing except the furniture and the bed—I did not go into the prisoner's room—I went into the kitchen to get the dinner.
Cross-examined. I was not there on the Monday or Tuesday; I was on the Wednesday, and went to the men's bedrooms, but not into the lumber-room or the prisoner's room—I went down of my own accord to get the dinner, and did not cross the lobby to the prisoner's room—my mistress did not tell me to go down—we were about 10 minutes in the lumber-room—it was I who told my mistress that Pearn had come back—I do not know who sent for the constable—I saw him come within 10 minutes—my mistress had said to me "When Mrs. Pearn comes please tell your master," and I did so—my mistress did not tell me why the prisoner was called in—there was no dirty linen on the bed in the lumber-room to go to the laundry—the bed was not used, but there were some blankets on it—I afterwards heard that the things which had been found in the prisoner's grate were found in the lumber-room, and other things in addition—my mistress has never spoken to me about a new housekeeper—there is another servant at Silverdale besides me—I think I went to the house before my mistress—I went there between 10 and 11 to make the beds and to get the linen—we were 20 minutes or half an hour going over the house.
By the COURT. I saw the prisoner there on the Thursday between 2 and 3 in her bedroom, but had no conversation with her—no one else was there—she was packing her boxes.
Cross-examined. I took hold of the handles because after finding the articles I was suspicious—there was one large box locked—it was not at my suggestion that my husband sent for a constable—I could not wait till the constable came, I went home—I found the things in the grate between 11 and 12 o'clock, and left about 12.20, and did not go back that day.
Re-examined. I was not in the house when the policeman was fetched, or when Mrs. Pearn came back.
WILLIAM HODGE (Policeman P 99). I was called to Mr. Smith's shop on the Thursday about 2.50—the prisoner's boxes were examined in my presence; she unlocked them; nothing was found in them—Mr. Smith said, "Where are those things which were in the fire-grate?"—she said, "I know nothing about any things whatever"—I went with Mr. Smith into the lumber-room, and saw several articles under the counterpane of the bed—he pointed out several other articles on a kind of shelf, but he did not give her in custody for stealing them—they were not concealed—the prisoner handed me at the station a small wooden cabinet containing 69l. in gold, and a bank book with 30l. to her credit—it was given up to her by the Magistrate.
Cross-examined. The prisoner's father is a stationer in Stoke Newington—she is, I believe, separated from her husband—I believe the prosecutor
has since charged the prisoner with stealing the things which were on the shelves in the lumber-room, but he did not at first give her in custody for them—they were lying quite openly on the shelves—she was not excited when I took her to the station—I have heard that she was left alone in a cell for two hours—she protested her innocence—I was with Mr. Smith when he went into the lumber-room—he went straight up to the bed without hesitation, turned back the counterpane, and said that they were the things in the grate.
Re-examined. Mr. Smith conducted the prosecution before the Magistrate; he had no legal assistance.
MR. GEOGHEGAN objected to this evidence, and it was not proceeded with.
NOT GUILTY .
Before Mr. Justice Field.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. EDWARD CLARKE, Q.C., with MR. EMANUEL Defended.
After the case had commenced, the prisoner stating in the hearing of the Jury that he desired to withdraw his plea and to
PLEADED GUILTY , the Jury found that verdict.— Twelve Months' Hard Labour.
846. CHARLES BERESFORD ROBINS (29) PLEADED GUILTY to four indictments for forging and uttering requests for the delivery of goods; also for obtaining goods by false pretences.— Nine Months' Hard Labour.
Before Mr. Recorder.
MR. LYNCH Prosecuted; MR. GRAIN Defended.
SAMUEL HODGES . I live at 97, Kirkwood Road, Nunhead, and have been a packer and warehouseman in a firm at 7, Coleman Street, City, for 20 years—previous to 20th Feb. I had seen the prisoner with reference to the purchase of the Camden Stores, 97, Kirkwood Road—I asked him if the house was for sale; he said "Yes, that is my business to see you"—I asked him what he had for sale; he said the licence, the house, the goodwill, and fixtures—the first price was 230l.—in the course of a week or two I said I could not find that money, and he brought it down to 100l., which I said I could find—on 10th February I signed this agreement. (This acknowledged the receipt from Hodges of 10l., a deposit on the purchase of the Camden Wine and Beer Stores, and stated that the term was 41 years at a rent of 30l., that the premium agreed was 100l.; possession to be given on 17th February, when all arrears of rent, rates and taxes were to be discharged or allowed for, and the licence transferred, etc.) I then asked
him if he had the lease—he said "My solicitor has it"—I asked him if it was free; he said "Yes, quite free"—I said to him "Then in reference to the business, because I have a large family of eight little children and don't want to be taken in, tell me truthfully what it is"—he said "There is the licence, the lease of 42 years, and doing a trade of 35l. a month, which with a little attention can be increased to 40l."—I asked him if the licence was all right; he said "Yes, everything is in perfect order"—I believed those statements—the change was fixed for the 17th but took place on the 18th February, when I signed this agreement (By this Trill agreed to sell the Camden Wine and Beer Stores for the residue of 42 years and the licence for 100l., of which 50l. was to be paid on or before signing, the balance to be paid 25l. on 18th May, and 25l. on 18th August, to be secured in the meantime by bills of exchange or promissory notes. The purchaser to be liable for all outgoings, the same having been by the vendor up to date.) I believed the rent had been paid; I particularly asked about the rent, rates, and taxes—the agreement was read over—I did not deduct any money out of the 40l. for rent, because it was stated the rent was paid—I paid 40l. the night of the change, 10l. on deposit, and gave two bills at three and six months—I certainly should not nave parted with my money if I had not believed those statements—on the 27th I paid the licences—on the 19th, next morning, I saw a notice of a writ of ejectment posted on my door by the freeholder for nonpayment of rent—as to the trade, the whole of the first week I took 25s., the second week was 18s.—I was only a fortnight open—on the transfer day I attended at the Newington Sessions to apply for a transfer of the licence; it was refused in consequence of the writ of ejectment of the late tenant, and the police inspector reported the conduct of the outgoing tenant to be such as not to warrant the bench in renewing the licence—I have lost my money as a net result of the business.
Cross-examined. I had had six months' experience of the licensed victuallers' trade in the country some long time ago—I first came across this by seeing the place was for sale; living in the neighbourhood I saw it was closed and asked who had it, and ascertained that it belonged to Messrs. Morgan, the brewers—I sent them a note which they sent on to the prisoner, and then he called on me—Morgans were the brewers of the house—one of the bills was not presented and one is not yet due, so that all I have paid is 50l.—only the certificate for the licence was handed to me—I paid for the licence without the certificate; this is it (produced)—I do not say the licence is not in order—the prisoner had not the lease in his possession, I do not say he had not a lease—as long as I got the lease when I paid the money it did not matter to me who had got it when he made the representations to me—at the time of the change I asked the solicitor if he had it, and he said "You will find it will be all right, when your money is forthcoming your lease will be forthcoming"—that is the solicitor—I understood Trill had a free lease to do what he liked with—I do not think there is any reason why he could not do what he liked with it—the house was closed at the time I bought it, with a notice, "Closed for alterations"—it was closed before I saw the prisoner—he said with proper attention I could do 40l. a month—I swear he told me he had taken 35l. a month—I had had a change before when I had been in a public-house—I did not ask for any books or anything; I only asked if all payments were made—in the country I had had brewers' receipts
but no books produced—I knew Morgans were supplying the beer; I did not ask to see their books—I made no inquiries from them as to what beer they had been supplying to the house per month—I sent nobody to make inquiries—it was not a full licence—I did not ask Trill with whom he had been dealing for wine; I did not ask him a single question about it—I did not ask him for receipts, because he said "What I give you I can assure you is right," and I took the statement—I think Mr. Merrington can tell you what Morgans supplied; there is nobody else—I had no authorised person acting for me, out I asked a friend who is a broker to come with me; I did not understand that he knew about the exchange of public-houses—I simply said I was taking the place, would he come over with me, and he did—there was no stock and nothing to take over there, it was an empty house with the exception of a few fixtures—I took it thinking there was a trade with it—I asked how long it had been closed; it was only a week or two, as the prisoner's son had gone away and left him in a dilemma—I have no connection in the neighbourhood, only among my neighbours—I am not known as a publican.
Re-examined. I have lived in the neighbourhood for two years—when he told me the lease would be forthcoming I did not know it had been mortgaged and was in another solicitor's hands; I only know it now by hearsay—one solicitor, Mr. Packman, acted for us both, and we both paid him—the agreement was drawn up on the prisoner's statement—I paid Mr. Packman a guinea for his costs.
CHARLES GAREHOLD . I am clerk to Pyke and Parrott, solicitors, in Lincolns Inn Fields—Mr. Hargreaves is our client—I produce a lease of 97, Kirkwood Road—Mr. Hargreaves is a brewer—he deposited this lease with our firm, and we hold it as security on 50l. lent to the prisoner and 25l. worth of goods supplied—from that time it has never been out of our possession, we retain it for that sum—there was an action for the amount—since it came into our possession it has never been in any other solicitor's possession—I have charge of the strong room, and I should have known if it had gone out of our possession.
Cross-examined. There is no endorsement on the lease, it was only deposited—it is a lease from Merrington to the prisoner of these premises from 29th September, 1884, 42 years—there are about 40 years to run—I am acting for Hargreaves—we have brought one action against the prisoner and have obtained judgment for 50l. for money lent—the 25l. was dropped—he obtained unconditional leave to defend that without paying money into Court, and said the goods were bad some months after he had them—the porter was returned because it went sour—that action has not been set down for trial, because we went into possession and found it was not worth while going on further as we could get no money, and it was no use throwing away further costs—soon after judgment we followed it up pretty closely—I think we were informed by the sheriff that there was some large sum due for rent, and the whole of the furniture would not amount to 8l.—we wrote this letter to Mr. Packman in March. (This dated that if the prisoner was prepared to pay Mr. Hargreaves 10l. down, and all costs incurred by them, and to would give bills of exchange for the balance of the debt, Mr. Hargreaves was willing to give up the lease of 97, Kirk wood Road.) The lease had been voluntarily deposited with us by the brewer for money lent when litigation commenced.
Re-examined. Messrs. Hargreaves have not been paid a penny—it was
a mere lodging of the deed, but we would not give it up until we had been paid.
By MR. GRAIN. There was never an agreement to take a legal mortgage if called on.
WILLIAM MERRINGTON . I live at 8, Amberley Grove, Addiscombe, and am the leaseholder of 97, Kirkwood Road—the rent received under this lease is 30l. a year—I granted a lease, rent payable quarterly—the prisoner did not pay the first quarter's rent, and up to 18th February three quarters were due; he had not paid me a farthing, I had applied many times—I brought an action to recover possession before 18th February—there is a covenant in the lease about not assigning without my written assent—I was never applied to to give consent—I only saw the prisoner once, I had great difficulty to do so, and then his excuse for not paying me was that the takings were so small he had difficulty to get money, and that the takings did not amount to 5l. a week.
Cross-examined. There were various excuses, I can't say now what he said—he did not tell me he had got hold of bad beer and bad spirits, and in consequence people would not go there—I never received a farthing—my solicitors are Messrs. Bridger, Sawtell, and Heywood—they received from Mr. Packman, on 3rd March, 10l. and 4l. with reference to the rent of these premises—I never received anything—they were paid through the writ being nailed on the door—I don't think I should have seen the 14l. but for that—the two cheques were tendered to my wife the day after—she would not take them—I was not at home and my instructions were she was not to take it as we had commenced an action.
JOHN TULL . I am clerk to Messrs. Bridger, Sawtell, and Heywood, of Red Lion Square, solicitors to the last witness—on 20th February, a writ was served on the premises by being nailed on the door—it was issued on the 17th—I nailed it myself—these two cheques were subsequently paid to our firm on 23rd February and 23rd March—22l. rent was then due, and another quarter was then running.
WILLIAM RANDALL . I am a carpenter, living at 25, Cowper Street, City Road—I was present on 10th February, when the agreement was signed—Hodges, the prisoner, and myself were present—10l. was paid down—Hodges asked if the rent and licences and everything were all right, and the prisoner said "Yes, it was"—he meant they were paid—I was present at the change—I don't recollect any signing of this agreement—on the 18th the prisoner said the rent and licences and things were paid up.
GUILTY .— Four Months' Hard Labour.
MESSRS. POLAND and HORACE AVORY Prosecuted; MR. GRAIN Defended.
ALFRED LEACH (Police Sergeant B). On 9th July last I was with Jupe and saw the prisoner in High Street, Peckham—I saw him go into the Bull's Head; he then had nothing with him—he came out again in a few minutes, carrying a bag—I followed and stopped him, and said "Kennedy, do you know me?"—he said "No"—I said "I am a police officer, what have you got in your bag?"—he said "It is jewellery, it is all right"—we took him to the Peckham Station, where we opened the bag, and found it contained two gold watches, another one with plated cases, three silver watches, a foreign watch, French, I think, two pins
that had had stones in them, a gold horseshoe pin, two bows of watches, apparently broken, studs that apparently have had stones in them, a bar of a watch chain, and two or three small broken pieces of jewellery; I also found on him a pawnbroker's contract note for a gold watch with no name and number, a purse containing 36l. in gold, 7s. 6d. in silver, and 2d. in bronze, a silver watch, and metal chain—I said "Kennedy, can you give me the names and addresses of any persons from whom you bought these watches, so that inquiries can be made?"—he said "I cannot, I have bought them in a business way; I am a dealer"—he was asked for his name and address—he said he did not like to give it on account of his wife—I saw keys taken from him, and went with Jupe afterwards with these keys to 42, Lambeth Road, where I opened a large tin box in the room with the key, and found in it a box containing some weights and scales, a file testing-iron, and nine empty jewel cases—it was the top back room of a private house—there was no sign of business there—I had seen Kennedy before in the Rockingham Arms, the Equestrian, and other public-houses in the neighbourhood of the London Road and Elephant and Castle, during business hours, and at all hours of the day.
Cross-examined. As far as I can see, all the numbers of the watches are intact, and I have looked at them all for that purpose—the name on the front of the foreign one is all right, not erased at all, and there is a number underneath—these are the new bows—I swear the prisoner did not tell me he had bought them at Duke's Place, Houndsditch; I have since heard of it, but did not know of it before this case—I have heard since there are large dealings on Sunday mornings there—I have made no inquiries there—the prisoner had been for about a fortnight under close observation, but not at all on that morning when he went into the Bull's Head—I had not seen him till he was about 50 yards coming towards the Bull—he stayed a few minutes, and then returned—on previous days I had seen him in other public-houses—I know nothing of his previous movements on this day—I cannot say whether he had been into the Bull before on that day and deposited the bag there—I did not see him join any other person inside, nor come out with any other.
Re-examined. This was about 11 o'clock.
HENRY JUPE (Police Sergeant L). I was with Leach when the prisoner was apprehended—I have heard his evidence—Leach asked whether he could give the name and address of any persons, so that inquiries could be made—he said, "No, I cannot, I am a dealer"—he was asked two or three times if he could give the name and address of any person from whom he had bought the things; he did not—I searched the police information at the station, and traced one of these watches from the description—I said to the prisoner, "I find that one of the watches described in this information as stolen was in your bag"—he said, "I must now think from whom I bought it"—he never told me from whom he had bought it—that is the watch since identified by Mr. Austin—I afterwards went with Leach to 42, Lambeth Road—on further searching the information I found another watch described, which belonged to Mr. Middlemist—the prisoner was not then present.
Cross-examined. The prisoner did not tell me where he dealt, or I should have made inquiries there—he said he was a dealer and bought off anybody, but he did not say where—I have been through Duke's Place, Houndsditch—I have seen dealing in Petticoat Lane, close by, but
never in Duke's Place—the prisoner told me he did not wish to give his address for family reasons, as he was living separately from his wife—I knew his address at that time; it was the inspector who asked him; it was not for me to give it—I got the key by which we opened his box from, his person when he was searched—he lives in the back room at the top of 42, Lambeth Road—we found a stone for testing jewellery, weights and scales, jewel cases, a pair of pincers, and a watch winder such as a jeweller has, and some rings.
Re-examined. The inspector asked the prisoner's name and address to enter on the charge-sheet—there was no jeweller's bench or any place for working in this room, only a bed.
ALFRED HEAVINGHAM (Police Inspector). I was at the station when the prisoner was brought in—when asked if he could account for the possession of these things he said, "I cannot, my dear good man, I am a dealer, I buy them in the way of business"—I told him he would be charged with the unlawful possession of them, and asked his name and address—he gave his name, and declined to give his address on account of his wife.
Cross-examined. He did not go on to say where he had bought them—he did not say he had bought them at the mart or in the street, or anything of that sort—he said he bought them in the way of business and off anybody.
THOMAS LEFEVRE AUSTIN . I live at 8, Brunswick Gardens, Kensington—on the evening of 20th June my watch was stolen from me at Baker Street Station—this is it—the only difference in it now is that it has a new bow, which is lighter in color and more stiff—when it was stolen the swivel of my chain was left in my pocket—the watch was made by McCabe, and is worth about 25l.
Cross-examined. Beyond the bow, there is no alteration in the watch—the numbers are the same on dial, face, and works—the bow seems to have been put in very roughly.
ALFRED MIDDLEMIST . I keep the Wellington Inn, St. Albans—on 16th June I lost a watch between the Elephant and Castle and 4, Wolseley Road, Mildmay Park, where I was residing at that time—my chain was intact and hanging—this is my watch, but the words "chronometer balance" have been taken off the face; the number 82424 is still on—the name-plate has been removed and another one put on—in January last I had left it to be repaired at Mr. Buck's, Finsbury Park—the bow is a new one; mine was quite slack.
Cross-examined. You want to look at it many times to see where the words have been taken off; it has been beautifully done—I know it is my watch—the name-plate has been taken off in the centre at the top—there is a name-plate on now, but with no name on it—my father left the watch to me, and I have had it 14 years—my father had it perhaps 10 years, and I think it is about 24 years old.
THOMAS BUCK . I am a watchmaker, at Finsbury Park—on 11th January I cleaned and repaired Mr. Middlemist's gold watch for him—this is the same watch—it has since had "chronometer balance" taken off the dial—it had a loose bow about 20 years old on it—this is a new bow very clumsily put on by a dealer—there might have been more alterations.
Cross-examined. Those are the only alterations I can see—there was
a maker's name; I forget it; that is easily taken out—I won't go further than saying that I believe the watch when I repaired it had a maker's name on it—it is the same watch.
Witnesses for the Defence.
JOHN WILLIAM BARLOW . I am manager to the proprietor of the St. James's Tavern, Duke's Place, Houndsditch—I have known the prisoner for about 18 months—in that neighbourhood from 9 to 1 on Sunday morning there is a large jewellery mart, and I dare say there are 400 or 500 people there—they trade in all kinds of watches, rings, diamond stones without rings, and when I open the place at one they come into my house; the prisoner among others—I don't think I have ever seen a receipt given for goods bought from a sovereign up to 100l.—I have seen the prisoner buy and sell watches, and rings, and pins—I have been manager at that place about 18 months—the police never interfere.
Cross-examined. I have not seen watches sold there without bows—I know the people who deal there by sight; I do not know any of their names—I did not know the prisoner by name; I have seen him in the bar—I never take any notice whether things sold have any stones in them or not.
MORRIS MINDLIVITCH . I am a jeweller and diamond merchant, of 37, Alfred Place, Tottenham Court Road—I have known the prisoner for some time as a dealer in jewellery, and he has dealt with me to a considerable extent—I sold to him—I am a dealer in Duke's Place—I have seen the prisoner dealing there—200 or 300 or 400 attend there on the Sunday morning—I have never seen any invoice or paper of any kind pass from hand to hand—it is a recognised mart for selling jewellery.
Cross-examined. 37, Alfred Place is a private house—I have sold jewellery to the prisoner; he understands jewellery—I used to buy watches there.
HENRY MUDDLE. I am a licensed victualler—on 4th July I was in the Mart in Duke's Place—I know the prisoner by sight and have seen him two or three times during the past few years in the mart bying and selling—I buy jewellery there sometimes, I bought of him because he knows more about it than I do—I have bought to the amount of a few hundreds in the last few years for myself and my friends—sometimes he came to my place and sometimes I went to him—I knew where to meet him—it is a recognised place for anyone to buy and sell—no invoices pass; the things go from hand to hand.
Cross-examined. I am a licensed victualler of the Hare, Middle Lane, Spitalfields—I don't buy and sell jewellery; if anyone wants it I sell it—I bought 200l. or 300l. worth of the prisoner for my own use and my relations—I can produce 100l. worth of stuff now—I think I gave a fair price for it—Sergeant Rolfe has ordered a chain like this—he has seen the prisoner's bag opened on my bar.
Re-examined. I have seen Rolfe look over the prisoner's bag—I have been a licensed victualler 35 years.
NOT GUILTY .
MR. POLAND offered no evidence.
NOT GUILTY .
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. GEOGHEGAN
WILLIAM BARNETT BURNS , M.D. I live at Beechwood, Balham Road, Upper Tooting—on the night of the 26th May I went to bed at half past 12, at that time my house was safely fastened—after I had been in bed about an hour I awoke, and believing I heard a noise, I got up and went downstairs and found the door open leading into the garden, that had been opened since my going to bed—on looking about I missed a case of surgical instruments, this is the case and part of the instruments (produced), but the silver instruments are missing, they were there before—here are also some surgical scissors, and a galvanic battery, and a knife tray, and two pairs of boots, and a clock—the total value is about 16l.
Cross-examined by MR. GEOGHEGAN. Other property was taken—the case of surgical instruments had been in use for some time.
ALFRED GILHAM (Police Inspector W). At 10 minutes to 3 on the morning of 27th May I examined the last witness's house and saw enough to convince me that a ladder had been used for the purpose of entering it, and that it had been entered through the back room window, I presume by more than one person—there were distinct footmarks in the garden of two persons—there were some matches on the window sill which had been ignited and on the dining-room floor—I received this tray from Police-constable Upfold, which was found in the garden in my presence at that time.
WILLIAM GAHAGAN . I am 13 years old, and live at Lymington, in Hampshire—on Thursday, 27th May, about 7.30 p.m., I was at Elmfeldt Road, Balham, and picked up this galvanic battery, which I gave to Police-constable English.
ANN PANKHURST . I am a widow, living at 21, Frances Place, Friar Street, Blackfriars—the prisoners Stevens and Scott lodged in my house—they occupied the front parlour on the ground floor in the name of Mr. and Mrs. Taylor—they had occupied it a fortnight when Scott was apprehended, and Stevens a week after, till she was apprehended.
ALFRED LEACH (Police Sergeant V). On 23rd May I in company with Scott and two other men went to Hampton and arrested a man—on 27th May I arrested Scott in the Blackfriars Road—I took him to the Kennington Road Police-station, and then went with Inspector Shaw to 21, Frances Place, Friar Street, Blackfriars Road, where I knew he lived—I had watched the place and seen him there—the first person I saw was Stevens in the passage—I asked her if she was living with a man named Scott—she said "No"—he gave the name of Scott that day—I said "Then Taylor?"—she said "Yes"—she then went into the front parlour—I told her we were police officers, and that Scott was then in custody, and I should search her room—on the mantelpiece I found the clock identified by Dr. Burns—I also found 10 pawn-tickets, one of which was for a pair of boots pawned in the name of Jones—she said "Some of the tickets in the name of Ann Ellis I pledged, the others in the name of Jones were pledged by George Hawkins"—that is a man who lived in another part of the house—I then said "I see you have a pawn-ticket for a clock in pledge"—she said "The clock would not go that I pledged, and I bought the one on the mantelpiece in its place"—I
then proceeded to search the room, and in a cupboard I found a jemmy a screw-driver, and a bottle of aquafortis—I have compared the screwdriver with the marks on the galvanic battery, which appears to have been broken open, and it exactly tallies—when these were found Shaw said to Stevens "How do you account for the possession of these things?"—she said "A man named Bush brought them there"—the cupboard was not locked, but they were packed up in a corner—I took possession of them, and took them to Teddington Police-station, and went back to Kennington Lane Station, where I had left Scott—I found on him a knife, upon which were marks showing it had been dipped in acid—on 31st May Scott was dealt with by the Magistrate at Sunbury—on 2nd June I and Shaw went back to 21, Frances Place and took Stevens in custody—I told her she would be charged with burglariously breaking and entering Beechwood, Balham, and stealing a clock and other articles—she said "I know nothing about it"—afterwards she said "All I know is that on the morning you arrested Scott he got up about 8 o'clock in the morning, went out for about half an hour, returned with the clock, and put it on the mantelpiece"—she was then taken to the station, and detained—on 16th June I went with Sergeant Jupe to the prisoner Knight's house at Prince's Buildings, Lambeth; it is a private house, and is used as a second-hand boot and clothes shop—while I was there I saw Johnson and Williams, two men on another charge (see next page), go into the place, and after they had come out I went in there—I met Knight half-way down the passage leading to his house, which is at the end of the passage—I said "I am a police officer; what have these two men sold you that have just left?"—he said "A clock; I gave 2l. for it; they wanted 4l.; I don t know the value of such articles; I am a dealer; I never saw them before"—that is the clock (produced) which has been identified by Mr. Marks—it was in a sack then which the two men had brought it in—I detained him till the return of Sergeant Jupe—Knight said "This is my house, and that is my house over the way"—I then proceeded to search, and found a quantity of plated articles, and among them Dr. Burn's surgical instruments, a pair of scissors, and two pairs of boots spoken to by him—I also found among the plated articles a silver jug, three silver knives, and a pair of trousers, which have been identified as being taken from Dr. Stewarts, of Lewisham, on 14th April—I found marks on a large quanty of the articles, as if they had been touched with acid—on searching Knight I found on him a watch without a bow and case—those articles were found at Nos. 10 and 11, but the greater majority at 10; they are opposite houses; the outside of the houses are the same—the parlour of one shop was used as a parlour, and the other house had some pairs of trousers and 200 or 300 pairs of boots hung up outside.
Cross-examined by Stevens. I will swear you said you bought the clock.
Cross-examined by MR. GEOGHEGAN. This watch is an old fashioned sort—a description of property found on prisoners who are suspected to have stolen it, is circulated—a description of this watch was circulated, but it has not been identified—the place where Knight lives is really two houses, and they are crammed from top to bottom with every description of articles, not only clothes but other articles—when I spoke to Knight about this clock he answered me without any hesitation and took me into the, room and
pointed it out to me—the boots identified by Dr. Burns were hanging up with the other boots quite openly—Knight made no obstacle in the way of me or my comrade, he did not assist me, he only answered my questions—after he was taken in custody, Mrs. Knight picked out one article and brought it to the station—she assisted the police—Knight has lived 20 years in this place altogether, I think, and has not to my knowledge come under the knowledge of the police—I found no acids there, nothing that would assist a receiver of stolen goods in finding out whether they were silver or not—I did not find a number of letters on his premises—I asked if she had any references, and she said she would look for them, they must be about the place—I did not find any books, general dealers do not keep books generally, that is left to themselves—the articles were not kept in good order—the boots were hanging up, the plate was in between a bundle of trousers, so that we could not see them.
Re-examined. There did not appear any business carried on except in old clothes.
HENRY JUPE (Police Sergeant L). I was present on 16th June when these things were found at Knight's—I afterwards saw him at the station and said to him "A large quantity of plate has been found at your house, how do you account for the possession of it?"—he said "I bought it"—I said "Have you any receipts or books to show the names or the prices you gave for it?"—he said "No"—I searched him—I found a watch on him.
THOMAS CADROMAN . I am butler to Dr. George Stewart, of Waverley Lodge, Lewisham—on 14th April my master's house was broken into; next morning, among other things, I missed a coat and a pair of trousers, a pair of boots, three knives, and a silver milk jug—these are his property—they were safe on the 13th.
Cross-examined. I missed clothes and other property of the value of 40l.
Stevens's Defence. Scott is a perfect stranger to me; I had only lived with him a fortnight; he said he was out of work and came from the country to get work here. I did not know the clock was stolen. He said he bought it and put it on the mantelshelf. I never had anything from him.
Knight received a good character.
STEVENS and KNIGHT— NOT GUILTY .
SCOTT— GUILTY .
He also PLEADED GUILTY to a previous conviction at Birmingham in 1878.— Ten Years' Penal Servitude.
851. FRANK WILLIAMS (40), SAMUEL JOHNSON (32), and the said JAMES KNIGHT (40) , Breaking and entering the dwelling-house of Abraham Marks, and stealing a clock and other goods. Second Count, for receiving.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. GEOGHEGAN
about 11 a.m., I left my house in charge of my daughter Agnes, I returned about half-past 8 in the evening and found my house broken open and a quantity of property stolen; amongst other things this clock, a watch and chain, and a quantity of clothing, of the value of 40l. altogether—during the time Williams lived next door I have seen Johnson visiting at his house at different times.
AGNES MARKS . I am a daughter of the last witness—I know Williams and his daughter Fanny Green—on Whit Monday morning my father left me at home about 11—about 1 o'clock I went out with Miss Green—I had made an appointment with her to do so a month before—I locked up the house when I left; we went to Hendon—I returned about 11 at night, and then saw my father, and found there had been a robbery—I believe I have seen Johnson in William's shop.
Cross-examined by Williams. I had been out with your daughter before—she may have seen me lock up the place—on this occasion she saw me lock up and put the key in a bit of paper under the sink—I found it where I had left it—I have been with her on other occasions, to the theatre, and once to a music-hall.
Re-examined. I believe Green was a tailor.
ANN PENNY . I am the wife of George William Penny, of 37, Little Surrey Street, Blackfriars Road—Johnson lodged at our house from October till 16th June, when he was taken into custody—he occupied one room, the back parlour downstairs, at 2s. a week; he slept there—he told me he was a general dealer, and bought things at sales and sold them again or pawned them—he had a key to let himself in—I saw him go out on the morning he was taken with two other persons—I can't say who they were; I did not see their faces or what they had—I do not know Williams—I afterwards heard that Johnson was in custody—on 2nd July I was in his room moving the bedding; it was torn at the head of the bed, I found in that place this pair of opera glasses, they dropped out as I moved the bed—some friend of Johnson called from him three times, and asked for them—I gave them to the police on the Saturday—the room had not been occupied by anybody else.
JOHN PARSONS . I am a hairdresser, of 84, Wells Street, Oxford Street, that is not far from Rose Street—on Whit Monday I left my house at 11 in the morning; I returned about 11 and found the house had been broken into—I think some instrument had been used—I missed several articles, these opera glasses amongst them, a clock, and some clothing, value about 20l.
ALFRED LEACH (Police Sergeant V). On 16th June, about 1 in the afternoon, I was with Jupe near Little Surrey Street, Southwark—I saw Johnson and Williams come out of the street with another man; they were carrying something heavy in a sack—they hailed a Hansom, and all got into it with the sack; we followed them—they got out at the corner of the entrance to Waterloo Station, and from there they carried the sack to Prince's Buildings, where Knight carried on the business of a second-hand clothes dealer, at No. 11—I waited till they returned; they then had the sack with them, but no contents—I stopped Johnson and Williams, and the third man left—I said "We are police officers; we shall detain you till we have made some inquiries"—after taking them to the station I went to 11, Prince's Buildings and saw Knight, and had the
conversation which I gave in the last case—on Johnson I found 2l. in money and a cigar-case.
Cross-examined by MR. GEOGHEGAN. I saw a piece of green baize in the sack when I emptied it; I suppose that was used to wrap round the clock.
HENRY JUPE (Police Sergeant L). I was with Leach when the men came out with the sack—I said to Williams and Johnson, "How did you come possessed of that clock?"—Johnson said, "Two men brought it to us fate last night; one of them slept in the house; I don't know their names, or where they live; being a dealer, they asked me to dispose of it."
Cross-examined by MR. GEOGHEGAN. They were in Knight's house about three minutes.
Johnson's Statement before the Magistrate. "I can only repeat what I stated at the police-station, that Frank Williams is entirely innocent, and was only present when the two men brought the clock to my house. He assisted me in the cab with it. He saw the man with the opera glasses. My landlady was there, and saw him call."
Williams's Defence. Johnson is a friend of mine; he has been a dealer, and brings me work. I am a master tailor, and keep a shop; I make for customers, and work for shops besides. I was with Johnson the night these persons brought the clock. I did not know either of them myself, but Johnson said one was a dealer, and he asked him to sell the clock and he would allow him a commission; he wanted 50s. for it. He took it to Knight's, and asked me to come with him. He asked 4l. Knight said he could not give that; after a time he gave him 2l. I had nothing to do with the sale; and as to the house-breaking, if I had wanted to steal I knew where the key was kept, and could have got in with that.
Johnson in his defence repeated in substance his statement before the Magistrate.
NOT GUILTY .
852. The said JAMES KNIGHT (40) was again indicted with FRANCES STEVENS (25) and THOMAS JONES (36) for burglary with the said JOHN SCOTT in the dwelling-house of George Stuart, and stealing his goods.
MR. POLAND, for the prosecution, offered no evidence.
NOT GUILTY .
MR. POLAND, for the prosecution, offered no evidence.
NOT GUILTY .
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
GUILTY.— The Jury strongly recommended her to mercy.—Judgment Respited.
MR. GREENFIELD Prosecuted.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. HUGGINS Prosecuted.
There being no proof that the prisoner was a servant to the prosecutor the COURT directed a verdict of
NOT GUILTY .
MR. GREENFIELD Prosecuted.
JOHN RENNIE . I am a consulting engineer, of 2, Brabant Court—on 7th July, about 5.10, I was at London Bridge Station—there was a crowd and the barrier was closed—it opened shortly afterwards, and I saw the prisoner shuffle up to Mr. Billborough, put his hand to his pocket, and snatch something out—he then rushed through the crowd and ran as fast as he could across the platform—I sang out "Stop him" and dodged him round and saw him given in charge.
Cross-examined by the Prisoner. You dropped the handkerchief close by the gentleman's side when you saw me looking at you.
BROOKS BILLBOROUGH . I am a commission agent, of 73, Leadenhall Street—I was at the barrier of the London and Brighton Railway, London Bridge, and in consequence of something said to me I put my hand to my outside pocket and missed my handkerchief—I saw the prisoner throw it down—a gentleman picked it up and handed it to me.
Cross-examined. I never saw your face—I saw your back and followed you, but did not see you taken.
WILLIAM THORNTON (Brighton Railway Constable). I heard a cry of "Stop thief," and saw the prisoner run through the booking-office with a crowd after him—he was stopped about 300 yards from the station—I took him before the Superintendent, who charged him with attempting to rob—he said that he knew nothing about it, and begged for mercy—the handkerchief had then been picked up, but the gentleman had gone off in the train.
GUILTY .—He then PLEADED GUILTY** to a conviction at this Court, in October, 1884, of robbery with violence, when he was sentenced to Eighteen Months' Hard Labour and Twenty-five Strokes with the cat .—Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. BODKIN Prosecuted.
HENRY MORRIS (Policeman P 365). I was on duty in Albany Road on 3rd July at a quarter to nine when I saw the prisoner, whom I knew as having been previously convicted of uttering, with another lad, I followed and kept observation on them—they went through Albany Street, Villiers Street, Camden Street, into the Kent Road—I stopped them and said "Holloa Lince what is your game?"—he said "Nothing"—I said "I have noticed with great suspicion the way you have been loitering outside
small shops and looking into shops, I believe you have got counterfeit coin on you"—he said "No, I had enough last turn, I have only been out three weeks, but I am getting my living honestly by selling lettuces" I asked him again if he had bad money on him; he said "No"—I said I should have to take him to the station and search him—he said "For God's sake don't do that"—I said "Have you got any bad money on you?"—he said "Yes, I have, but for God's sake don't lock me up or you will kill my mother, if you meet me on Monday morning I will take you to the place in the Dials where they are made and that will be a better job for you"—he pulled out two packets, one of five bad florins, and the other of six bad shillings—they were wrapped in paper.
The prisoner in his defence stated that he had no intention of uttering any of the coins.
He then PLEADED GUILTY to a conviction of uttering in March, 1886.— Two Years' Hard Labour.
MR. BODKIN Prosecuted.
ALICE KENT . I live with my father at the Sun Tavern, Lambeth—on 20th July, about 7 or half-past 7, the prisoner came in alone for a pint of stout and mild, and put down a florin on the counter—I gave him change, and went out of the bar—a short time afterwards I came back; the prisoner was there with a constable—I told my father what had happened, and pointed out the florin which the prisoner had given me—it was tried and found to be bad.
WILLIAM KENT . I am landlord of the Sun Tavern—on 20th July the prisoner came in and I served him with a pint of stout and mild; he gave me a florin; I gave him 1s. 9d. change—that was after my daughter had left the bar—I tried the florin and found it was bad—he watched me going out, and ran out at one door as I ran out at the other; I called him back—I sent a boy after him and a constable brought him back—my daughter said something to me; I looked at the florin she bad received—he two florins were shown to the prisoner.
Cross-examined by the Prisoner. You said you must have taken it at the pawn shop when you pawned your medal—you gave me back the change.
WILLIAM YATES (Policeman L 261). The prisoner was pointed out to me by a boy in Savilie Place—I asked him if he had any more of those bad coins on him—he said "I don't know what you mean"—he went into a wood shed and took a pocket-handkerchief out of his pocket and threw something behind him and I heard it fall into the wood; I turned to look and I heard something else fall into the wood—I took him to Mr. Kent's, and afterwards came back and found two bad florins in the wood where he had thrown them—I found on him, at the station, two more bad florins, four sixpences, and 1s. 11d. in bronze—the florins were wrapped in newspaper.
The prisoner in his defence stated that he had worked in Egypt for Messrs. Lucas, and that he came to London, and was drinking with some men, and that he did not know the coins were bad.
GUILTY .— Twelve Months' Hard Labour.
MR. SAUNDERS Prosecuted.
WILLIAM BROMFIELD (Policeman M R 39). On 16th July, at a quarter to 3 p.m., I was on duty in High Street, Borough, when 1 saw the prisoner run round the opposite corner—he looked at me in a very suspicious manner—I turned round and saw the prosecutor lying on the pavement about 12 paces off—I ran after the prisoner, who turned and saw I was after him, and I saw he wan throwing away a watch—I caught him and sent a shoeblack boy down the steps to pick up the watch, and I said "You will have to come back here to the man that is lying on the foot-path"—he made no reply—the man was still lying there—I searched the prisoner, who said "What do you want to search me for? you have got a good cop"—he had been drinking but knew what he was doing—the prosecutor was very drunk; I had to charge him with being drunk.
Cross-examined by the Prisoner. I did not see you assault the man.
GEORGE ALFRED VERNON BATH . I am a compositor, and lived at 2, Godstone Road, Pentonville, when this occurred—I saw the prisoner taking the prosecutor across the road to the Triangle—he up with his fist and hit him under the chin, and the prosecutor fell down and the prisoner took his watch and chain from him and ran away—he threw the watch away by St. Saviour's Church.
Cross-examined. This was about ten minutes past 3—I did not say before the Magistrate that you tickled him under the chin.
WILLIAM LEWIS . I am a labourer and live at 46, Mayall Road, Lower Sydenham—on 16th July I met the prisoner near London Bridge, talked to him and treated him to a glass or two of drink—it was about 3 o'clock, I was going to the station—I became perfectly drunk all at once and don't know what happened after that—this is my watch.
Cross-examined. You did not assault me to my remembrance.
The prisoner in his defence said that he and the prosecutor were drinking together and tumbled about, and he got hold of the watch in some manner which he did not know.
GUILTY .— Six Months' Hard Labour.
ADJOURNED TO MONDAY, SEPTEMBER 13TH, 1886.