CENTRAL CRIMINAL COURT.
STAPLES, MAYOR. ELEVENTH SESSION.
A star (*) denotes that prisoner's have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, September 13th, 1886.
Before Mr. Recorder.
NOT GUILTY .
(See 10th Session, page 346.)
Before plea MR. BESLEY applied to quash the indictment upon similar grounds upon which a former indictment against the prisoner was quashed (see 11th Session, page 269). MR. SMITH called attention to the cane of Reg. v. Watkinson, 12 Cox's Criminal Cases, which he had omitted to refer to on the previous trial. MR. BESLEY urged that that being a case decided after verdict did not touch the present argument, or upset the case of Reg. v. Bell. The RECORDER was of opinion that he must act upon Reg. v. Watkinson, and therefore could not quash the indictment.
RICHARD HUGHES . I am a clerk in the General Registry Office for Shipping, at the Custom House—the official record of transactions, and the ownership of shares in ships are kept there—the registers of vessels are kept at the port of registry—I produce the transactions in reference to the Charles Howard for the year 1885—the last transaction in 1884 was the registration of a bill of sale for one share from Mr. Lycett to Mr. Wright on 6th December—that left Mr. Lycett without any shares in the ship—on 16th January, 1885, an application was made by the prisoner for liberty to search the chip's register—he also applied for a
copy of the last transaction, and on 17th January, the copy having been made, would be handed over to Mr. Lycett in the ordinary course—on that paper there was a copy of the last transaction, and a copy of the names of the shareholders—this (produced) is an official copy of the documents that would be handed out to the person in pursuance of such an application—there are numerous clerks in the office. (This document showed the number of shareholders to be 64, and that on 6th February, 1885, two shares were held by the prisoner jointly with his sister.) The shares are numbered consecutively—the bill of sale of Lycett to Wright is registered as No. 77—on 6th February, 1885, I find that a bill of sale transaction No. 78 is registered as two shares transferred by Herbert Edwin Lycett and sister, as joint owners, to Forest Lycett—that left the prisoner the registered owner of two shares, and he remained so down to 21st February, 1885, when there was a bill of sale from the prisoner to Mr. Rains, dated 21st February, 1885, transferring one share—that left the prisoner the registered owner of one share—on 4th March, 1885, there is registered a transaction, No. 80, of a transfer to Burrows by the prisoner on a bill of sale registered March 4th—on 12th May there is a bill of sale registered of a transfer by the prisoner to Nicholls of the share No. 84—there is next a transaction No. 95 one share, date of registry 19th November, 1885, transferor the prisoner, transferee Ayres, bill of sale, dated 3rd December, 1884—that left the prisoner without any share.
Cross-examined. The documents do not show the prices at which the shares were transferred—these are peculiar documents, under the Merchant Shipping Act—the history of these transactions extends from No. 1 to 104. (The witness read in detail the transactions.) The ship is registered as 844 tons net, or 1304 gross, 120 horse-power, 249 feet long and 30 broad; she was built in 1866—I do not know what the amount of the insurance on her was at that time—I do not know that bills of sale often come in for registration where there are no shares to answer for them—the bill of sale to Mr. Skeels is dated 11th February, 1885—from that date to the 21st that bill of sale could have lean registered if in order, and Mr. Skeels would then have been the owner of those two shares—I cannot say whether any attempt had been made to register between 11th and 21st February—that would be done at the port of registry.
Re-examined. A mortgage is a different form to a bill of sale, and is entered differently on the register—the documents produced show the whole of the persons who applied to search the registry in London for 1885.
JOHN KIRKALDY . I am an engineer, and carry on business with my brother at 14, West India Dock Road—in June, 1883, I purchased from the prisoner two shares in the ship Charles Howard—at the time I purchased those shares there was an arrangement between us—I said it was not convenient to register the shares, and that I wished to keep the bill of sale unregistered, and I explained to him the reason, that being in business, and having no influence to give work to people in connection with this ship, persons for whom I worked might come and ask me to use my influence with the managing owner of the ship to give them work, and not being able to do so, that might influence them prejudicially against me—I received this letter from the prisoner on 7th or 8th June, 1883, enclosing hill of sale for the two shares—I was to let him
know when I registered it; I was to hold it over—up to the beginning of last year I had a large number of bills of sale which I had not registered—I think it is not uncommon for persons to hold them up to the time of registering; you are not then liable to calls on the ship—from June, 1883, to January, 1885, dividends were paid to me on the two shares by the prisoner—in January, 1885, I sent my bill of sale to Sunderland with the declaration of ownership for the purpose of having it registered—it was not registered—I received it back—I produce a letter from the prisoner dated 4th February, 1885, addressed to my brother Thomas requesting to see me—I was out of town at the time—I did not receive a telegram from the prisoner—I received this letter of February 5th, requesting me to call—I produce a letter of 6th February from the prisoner to my brother Thomas while I was still away. (This enclosed certain alleged false statements issued to the shareholders by Mr. Suart, and requested witness to send one share to be registered, that he might be able to take the chair at a meeting of shareholders at Cannon Street next day.) I did not send up my bill of sale to be registered at that time, I sent it up in January—I placed the matter in the hands of my solicitors, and they wrote to the prisoner applying for the amount I had paid for the shares—this letter of 20th February, 1885, is in the prisoner's handwriting—it was afterwards shown to me by Messrs. Keen and Co., my solicitors—this letter of 25th February to Messrs. Keen and Co. is also the prisoner's writing; also this letter of 4th March. (This stated that when he gave the witness the two shares he (the prisoner) was the owner of several shares.)
Cross-examined. I did not hear-till after the first meeting that I was requested to register the shares and to be chairman—I don't know where the steamer was then, I think she was in the Surrey Commercial Dock—I don't remember whether my last dividend was paid in November, 1883, or whether the vessel earned anything after that date—I gave 458l. 15s. for the two shares in June, 1883—the trading of steamers has been very disastrous for the last 18 months—none of the steamers that I am interested in have made calls on the owners, although they have not paid dividends—I am interested in many steamers; with the exception of two or three they have not paid dividends—these engines were eight years old—it was not proposed at the meeting that there should be an outlay for new engines—I know there was a proposal for new boilers; she had been under repair at Lisbon, I don't know to what extent—I never did register my shares, I tried to do so; I should have done so if I had known I was going to be done out of them—I would have registered in January, notwithstanding the debt at Lisbon—it was for my own convenience that I did not register—I did not inquire as to what would be the probable contribution I should have to pay if I had registered—I sent my bill of sale in, I can't say at what date exactly, I think it was the 21st January; it came back.
Re-examined. After I got back I placed the matter in the hands of my solicitors, and from that time the correspondence that took place was between them and the prisoner—my bill of sale is still unregistered—the shares represent the value of the ship less the Lisbon debt.
HANRY INGLE SKEELS . I live at Brougham Road, Redding ton—I was formerly in business at Shanghai—I came back to England about three years ago—I live with my mother at Brougham Road; she is a very old lady—Miss Lycett, the prisoner's sister, was engaged by me as
lady housekeeper—previous to the 8th February I had been the prisoner three or four times, I had a very slight acquaintance with him; I believe I had dined once at his house—he had been to my house once, perhaps twice—on 8th February I had two or three friends with me—I remember the prisoner being fetched out of the room; subsequently he said to me that he was in a terrible mess, he only knew on the previous Saturday that he was required to pay a sum the following morning, and he apologised for applying to me, as an almost stranger; had he known earlier he could easily have got the money from some of his friends, but they were in the country, and therefore he was obliged to come to me, and would I let him have the money, 450l.—I told him I had not so large a balance at my banker's, how long did he want it for—he said only a few days, and he could pay mo the following week—we then, talked about what security he could give me—he said he could give me any amount of security, and there would be no doubt about his paying at the stipulated time—ho suggested a month, which was afterwards extended to six weeks, which I agreed to—he said he was a shipowner in the Charles Howard, and could give me shares as security which would amply cover the amount he proposed borrowing—I agreed to let him have the money, and I gave him this cheque for 450l. on that day—I subsequently received it back from my bankers—I was induced to part with it on his representation that he would repay me, that he only wanted it for a very short time, and that he was going to amply secure me in the form of shares on the ship—if I had known the fact that he had given bills of sale to Mr. Kirkaldy I should not have given him the cheque—he gave me an I O U at the time—next day, Monday, I went up to town to get the security he had promised; he was not in, I left a note for him—next day, the 9th, I got a letter from him, stating if I could give him a call he would hand me the securities—on the 10th I received this bill of exchange for 453l. 11s., dated the 9th, accepted by the prisoner, also this bill of sale without a seal—at the time I received those documents I knew nothing about the registry of shares, I was perfectly ignorant of anything to do with shipping—I had never before had any transaction in the shares of ships—the bill of exchange became due on 29th March—on 24th March I received this letter from the prisoner. (This stated that being unable to meet the bill he was about to obtain a loan, and requesting the witness to be one of his securities.) I refused to do that—on 27th March I received this letter from the prisoner. (This stated that he had obtained the security, and requested that the bill might not be presented until the meeting.) I heard nothing more about the bill till April—from time to time I was asked to give further time for payment of these accounts—in July, 1885, from something I heard, I went to search the register; I then discovered the state of the register, and that the prisoner had only one share registered in his name in July—I then placed the matter in the hands of my solicitors—until 1st January this year I did not learn that there was a bill of sale to Mr. Ayres—I then made up my mind to take criminal proceedings—that was not till after that I heard of Kirkaldy's bill of sale, or I should probably have taken them before.
Cross-examined. The prisoner's sister had been my lady housekeeper for three months before 8th February—I probably said before the Magistrate that the prisoner had dined with me twice, or once or twice, I forget—on 8th February I spoke to him apart from my other guests—
he did not say he wanted the money for disbursements for the ship, he did not mention the ship; I think I knew he was managing owner, but he did not tell me what the money was for—I did not know that he had been trained to a seafaring life and had a mate's certificate; I believe I knew that he had commanded a vessel—I did not know that he had speculated in buying this ship from Mr. Briggs, I did not know how he had got it—I did not know he had been managing owner of this ship from 1882; at the time he came to me I knew he was so—he said he only required the money for a short time, and he would give me 6 per cent—he gave me an I O U, and in return I gave him the cheque—I was to call at his office the following day for the bill of exchange; I left a note, and the bill of exchange came on the Tuesday—it is utterly false that nothing was said about the shares in the ship until he had the cheque in his pocket—I knew he had not got the shares with him—the bill of sale came to me on Wednesday morning, 21st February, before 11 o'clock—I never made any attempt to register—I did not see the prisoner on the Monday morning about 11 o'clock before the meeting took place—I did not go to the meeting—I knew afterwards that he was removed from the office of managing owner; I do not think I knew it till July, when I placed the matter in my solicitor's hands—I talked over his affairs with his sister, but I believe she did not know it—I was not shown any cheques of his which he had paid for the purposes of the ship—I understood that the bulk of the money had been used for the ship—he did not tell me about an arbitration; he told me he had a lawsuit; he said he expected 700l., or some, such sum, as soon as the case was settled, and he thought it would be settled soon—it was not with, my knowledge that Mrs. Lycett endeavoured to arrange this matter; I did not know anything that she was going to do; in fact, I always kept her from the knowledge of it as much as possible—I know that the prisoner is respectably connected, that was partly the reason I lent him the money, I believed he was a man of substance—I knew that his wife was entitled to money in her own right—I did not know that it was proposed that she should out of her private fortune replace this money; that offer has not been made—an offer was made by the defendant's solicitors that 100l. should be paid down and the rest should be extended over a number of years on the security of his wife, but I was advised that that was no security; that offer was made about two months ago; that was after the Cannon Street meeting—I attended that meeting—my solicitor did not suggest that instead of being registered as a shareholder I should have a mortgage, he said that was the proper security I should have had—it was not proposed that I should also have his wife's indemnity; that could not have been, because he refused to let his wife do anything in the matter—before the September meeting at Cannon Street I had employed Messrs. Miller, Wiggins, and Naylor for the purpose of corresponding on the subject and to keep me informed of what was going on—by my instruction they wrote this letter of 24th November, 1885—on 23rd July, 1885,1 received this letter from the prisoner, proposing a payment of 60l. 6s. on account of the bill of exchange, leaving a balance of 400l.—I handed that to my solicitors to answer, which they did on the 24th. (This declined the proposal, and stated that unless they heard satisfactory news by Monday they were instructed to take proceedings.) On the 20th he replied, asking for time—on the 27th they replied, requesting
him to call next day between 12 and 1 o'clock—there was a meeting at Cannon Street Hotel in September, I cannot say the date—I did not know of the meeting except through the defendant's sister; I knew it was going to take place—I went there alone—I found the defendant there, and his wife and her mother, and one of the trustees of his wife's marriage settlement—on that occasion, when I told him he had only one share, he did not say, "Very well, if I have not I will have a share there at once for you," I do not remember a word about it—I did not say I would not have the shares, I may have said I was advised that they were worthless and that I ought not to register them—I did not insist on having a mortgage and not a bill of sale; I did not say a word about a mortgage—it was not proposed in my presence that the wife or her trustee should guarantee the payment of the instalments; the only thing said on the subject was by the prisoner, who said, "I won't allow anybody to be security or do anything"—at that meeting I alleged that he had been guilty of a crime—he appeared to be very angry—he said unless I withdrew the charge he would not allow his wife or any one to be security—it was under consideration that his wife should be security—I went there at the request of the defendant's sister to see what they would propose—on first entering the room they asked me what I proposed—I said, "I have nothing to propose"—I told the wife's mother the circumstances of the loan; I thought perhaps they did not know the whole facts of his coming down and allowing the money to be advanced—it was after that I said he was guilty of false pretences—I took to January, 1886, before taking out a summons—I went first to the Mansion House, but it was not in their jurisdiction, and I went to a County Bench and got a summons at the end of January or the beginning of February—it was in the July Session that I was to give evidence—I have had communication with Mr. Suart; it is some months since I saw him—I have heard that he is now managing owner of the ship, and that the ship is trading, but I know nothing about it—I went to Miller and Co. to get their advice what I should do—it was my intention to get the money or security for it.
Re-examined. I went to my solicitors after I had discovered the second bill of sale to Mr. Ayres, Kirkaldy's I found out afterwards, when I found that the prisoner had no shares at all.
HERBERT CECIL PELLY . I am managing clerk to Mr. Suart, ship and insurance broker, at 29, Great St. Helena—the defendent prior to 9th Feb., 1885, was the managing owner of the screw steamer Charles Howard, and he also carried on the business of ship and insurance broker at 29, Great St. Helens—prior to February, 1885, Mr. Suart and Mr. Lycett had had transactions together, and on 4th February Mr. Suart sent out this circular to the shareholders of the Charles Howard—I believe the insurances had not been renewed, or some had expired—I was present at the meeting of 9th February at the Cannon Street Hotel—the defendant was there—shares were freely offered there at 25l. each.
Cross-examined. Mr. Suart is in good health since that meeting; he was managing owner of that ship—before this meeting the shares sold at 100l.—some years before Mr. Suart gave 234l. a share—the meeting was called to see the best means of paying off the debt on the ship, and also to complain as to Mr. Lycett's management—the majority removing Mr. Lycett was about half a dozen—that was not out of 64—Mr. Suart
held a good many shares—after his displacement the shares were offered for 25l. each—the defendant has paid off 430l., and he stated openly to the meeting that he had paid off his indebtedness to the steamer—I can't say there has been no dividend since November, 1883; there has not been any for some time, because new boilers had to be put in, and a survey was made, and that would be more liability—Mr. Lycett might have made a call upon the shareholders, but I believe that does not apply to those who have not registered their shares; many persons object to do so—it does not constantly occur that shares are sent for registration when there are no shares to answer the bill of sale—except on this occasion I never heard a mistake made of that sort—I don't know that priority of title is priority of registration, that is a question for lawyers—there is no liability before registration—Mr. Suart has been managing owner since 1885; there has been no dividend since—there has been a new boiler costing 1,200l., and a survey costing 800l.—the old boilers wore worn out—the life of a boiler is about 10 years—I believe the vessel had been laid up for about six weeks—when this dispute arose the new boilers had only been put in about four months—I think she went two voyages before.
Re-examined. There is a debt of 1,781l. on the steamer—the prisoner said he had paid off nil his debt to the steamer.
By MR. BESLEY. I don't know what he claimed—there was an arbitration between Suart and Lycett, but I think that was settled—I don't know that there was any award against the defendant later on.
The prisoner received a good character.
GUILTY .— Four Months' Hard Labour.
NEW COURT.—Monday, September 13th, 1886.
Before Mr. Common Serjeant.
871. WILLIAM HARVEY (24) to feloniously having counterfeit coin in his possession, with intent to utter it, after a previous conviction of a like offence.— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON and MR. R. COOKE, M.P., Prosecuted.
EMMASMITH. I am barmaid at the Shades, Charring Cross Hotel—on 2nd August, between 4 and 5 p.m., I saw the prisoner served with twopennyworth of gin; he put down a florin—I said "This is bad, and you are the same man who came in here last Thursday night with a bad shilling"—he did not answer—I broke the coin on the former occasion
with my teeth, and told him it was bad; he picked the pieces up and went out, making no answer—I recognised him when lie came the second time, and told him so—I broke the florin in two pieces—a man in the bar picked up one and went out, but I kept the other piece and gave it to Collins; this is it—the prisoner appeared sober when he came in, but when I detected the bad florin he shammed drunkenness—he had not drank the gin, I took it away.
Cross-examined by the Prisoner. It was Bank Holiday—I charged you at Bow Street two hours and a half afterwards—you were there on a charge of drunkenness.
Re-examined. The detective sent for the police, and Collins came—I said that I could not charge the prisoner, because I could not leave the bar, so the constable took him away on the other charge, and I subsequently went to the station and charged him with the uttering.
THOMAS COLLINS (Policeman E 347). On 2nd August, about 5 p.m, I was called to the Shades; the prisoner was there, and the last witness told me that he had passed a bad florin—I asked him if he had any more about him—he said "I don't know what you mean"—I asked Smith if she would charge him—she said "I could not get away now, and if I did I don't think I should be allowed to charge him"—she gave me this coin—no one but her was behind the bar—she said that the prisoner had passed a bad shilling on the previous Thursday, and gave me part of it (produced)—he said nothing to that—she said that a man wearing a cabman's badge took the other part away—the prisoner appeared drunk, he was rolling about the bar—I found on him four shillings and two sixpences, and 1s. 9d. in copper, all good—I said "You will have to come outside"—he said "What for?"—I said "You are drunk"—he used very bad language, and caused a great many people to assemble, and I took him to Bow Street Station for being drunk and disorderly, and charged him—Smith afterwards came to the station and charged him with uttering a bad florin—he gave his name, Andrew Wright, 2, Harvest Buildings, Strand—there is no such place.
Cross-examined. The first charge against you was being drunk and disorderly—you were rolling about inside the bar, and after you got outside—there was about an hour and a quarter between the two charges.
Prisoner's Defence. You have only got her word that the first coin was bad, and if it was would it be likely that I should go into the house again so soon?
He then PLEADED GUILTY to a conviction in August, 1874, of having counterfeit coin in his possession, with intent to utter it, when he was sentenced to 15 years' penal servitude.— Five Years, Penal Servitude, having to work out the unexpired part of his former sentence.
MR. WILKINSON and MR. COOKE, M.P., Prosecuted.
LETITIA COLLIER . I am shopwoman to Mr. Hopner, a fruiterer, of 165, East India Road, Poplar—on 24th July, about 10.30 p.m., I saw the lad serve the prisoner, and she gave me a shilling—it was very light, and the milling was bad; I bent it with my teeth, and told Mr. Hopner, in the prisoner's presence, that it was bad—he said "This is the same
party who passed me a bad sixpence a few weeks ago"—she said "Oh, don't lock me up Sir, I will give you another; I got it on the other side of the road"—he gave her in custody—this is the coin.
EMILE HOPNER . I am a fruiterer, of 155, East India Road—on 24th July the last witness called me into the shop and showed me this coin—I saw the prisoner there, and went outside and said to her "Have you any more of these?"—she said "No, don't lock me up, I will give you another one; my husband is over the way"—she had tendered me a bad sixpence about three weeks before for some cherries; my hands were sticky, and I put it on one side—I said "You have been here before and gave me a bad sixpence",—she said "Oh no Sir, I did not"—I gave her in custody.
JOHN WHITTAKER (Policeman K 441). I took the prisoner and said "How did you come by this coin?"—she said "A man gave it to me at a brothel in Limehouse; he gave me 1s. 1 1/2 d.; I do not know the name of the place. I called in at the public-house and had half a pint of ale, I paid a penny for it, and here is the other halfpenny"—I received the shilling from Mrs. Collier.
Prisoner's Defence. I am an unfortunate woman; a young man gave me the shilling.
NOT GUILTY .
OLD COURT.—Tuesday, September 14th, 1886.
Before Mr. Recorder.
MESSRS. CHARLES MATHEWS and BAGGALLAY Prosecuted; MR. WARBURTON
CHARLES JAMES STEVWNS . I am a senior clerk in the Confidential Inquiry Branch of the General Post-office—in consequence of numerous complaints of loss of letters after delivery, in the neighbourhood of Oxford Street and Regent Street, I was instructed to investigate the matter—on 20th July I made up a letter and enclosed in it a cheque for 25l. 16s. 6d., drawn on the Chancery Lane branch of the Union Bank of London, and payable to Samuel Nelson or order, and signed J. R, James—that was done by arrangement—I placed that in the letter in an envelope addressed to Mr. Samuel Wilson, 13, Hanover Street, Hanover Square, London, W., and securely fastened it and handed it to. Mr. Settle, a clerk in my office, about 5 p.m., with instructions what to do with it—on the next morning, the 21st, I went to the Chancery Lane branch of the Union Bank with Police-constable Bick of the Post-office about 9 o'clock, when the bank opens—about a quarter-past 10 I saw the prisoner come in—I watched him—he went to Mr. Whittle, one of the cashiers—I went to the door of the bank, and stepped back and stood by the side of the prisoner and saw Mr. Whittle paying him some money—Mr. Whittle then handed me the cheque, and I examined the endorsement—the prisoner was standing on my right—I don't know whether he noticed I had the cheque in my hand, as he was taking up the money—as soon as he had done that, and was about to put the cash
in his pocket I stopped him, and holding up the cheque said "Where did you get this from it? belongs to me, and has been stolen from a letter"—he replied A man in the street gave it to me, and asked me to pet it cashed; I am to meet him outside at the corner of the street"—Bick then took the money from his hands, and we all went out of the bank—Bick walked with the prisoner to the corner of Cursitor Street, and after some few minutes we all returned to the bank—I then said to him "We belong to the Post-office; you will have to go with us there"—before doing so I asked him to write his name and address upon this piece of paper, and he wrote this: "Henry Bond, Macclesfield Chambers"—I then went with Bick and the prisoner and the cheque which Mr. Whittle handed me to the General Post-office—I then said to the prisoner "In consequence of complaints of so many letters being lost containing cheques I enclosed this one," showing him the cheque, "in a letter addressed to Mr. Nelson, of 13, Hanover Street, Hanover Square, and it should have been delivered last night; I have ascertained this morning from Mr. Nelson that he has not received it; where did you get the cheque from?"—ho then made this statement, which I took down in writing in his presence and read over to him, to which he did not object: "A gentleman gave me the cheque this morning; I met him in the Strand. He said did I wish to earn half-a-crown. I said what was I to do for it. He took me into a public-house at the bottom of Wych Street and showed me a cheque, and asked me to present it at the Union Bank, Chancery Lane. He came with me and showed me the bank and said 'I will wait here at the corner of Cursitor Street. He told me if I was asked to endorse the cheque I was to endorse it 'Henry Hardman,' which I did in front of the cashier." I then showed him this cheque, dated May 3rd, 1881, for 28l. 6s., payable to bearer, with "Mr. Holland" written on the back, not an endorsement—I pointed that out to him, and said "This writing is like yours; this is a cheque we have had complaints of"—he said "I admit the 'H' is a little like my writing, but it is not mine"—there is another cheque also drawn on Messrs. Hoare in favour of Mrs. Nelson for 44l., and dated 21st April, 1886—that had also been stolen, and I told the prisoner so—I then showed him two 5l. cancelled Bank of England notes, and said "These are two of the notes which were paid for the 44l. cheque, and the writing on the back is also like yours"—the writing on one is "Jackman, Camden Road, Nothing Hill," and on the other is "Jackson, 59, Clarendon Road"—he looked on them and said "I admit the writing is like mine, but it is not my writing on the notes"—I then gave him these names on this paper for him to copy, "C. Simpson, Charles Street, Hammersmith; J. Lambton, Clarendon Street; J. Jackson, 17, John Street," and said "Perhaps you will write these name on this piece of paper and see if you know anything of them or their names"—he said he knew nothing about them—I did not remain in the room all the time he wrote this, but Bick was there, and when I came in again he had written it—I have had some considerable experience in comparing handwriting in cases of this sort—I have carefully compared the various writings produced in Court with the bank notes and the cheques and the writing which he wrote at my request, and I have no hesitation in saying they are all written by the same person.
Cross-examined. He wrote every one of the names which I gave him perfectly willingly.
JAMES SETTLE . I am a clerk in the Confidential Enquiry Branch of the General Post-office—on 20th July, about 5 p.m., Mr. Stevens handed me a letter addressed to Mr. Nelson, 13, Hanover Street, with instructions to post it, which I did at the Western District Post-office shortly after 5 o'clock, and I called the attention of Mr. Hoode, the overseer, to that fact.
ROBERT ROMFORD HOODE . I am overseer at the Western District Post-office—on 20th July, soon after 5 in the afternoon, the last witness called my attention to the fact that he had posted a letter at my office to Mr. Nelson, and I found a letter in the box addressed to Mr. Nelson, which I took out and kept till a quarter to 8, when it was sorted up to the Hanover Square walk for delivery the same evening.
Cross-examined. I had never seen the prisoner previous to seeing him at the General Post-office.
ALFRED WILLIAM CUTLER . I am a letter carrier in the Western District Post-office—I was on duty there on the evening of Tuesday, 20th July, and performed the 8 o'clock delivery in Hanover Street walk—Mr. Nelson's house is at 13, Hanover Street in that walk—on that evening, about ten minutes to 9, I delivered two letters at his house—my attention was called to the delivery that night because Mr. Nelson had had a box put up which was not there when I was on that round twelve months before, and I was putting the letters in the top box, but discovering the mistake I took them out and looked at the names and put them in the right box.
Cross-examined. There are about 500 people employed in the Western District—I delivered between 200 and 300 letters on this Tuesday night—my attention was not called to this until the Saturday—I do not know how many letters I delivered at Mr. Nelson's on Wednesday, Thursday, or Friday nights.
SAMUEL NELSON . I am a tailor, of 13, Hanover Street, Hanover Square—for some time past I have lost letters containing cheques—on the morning of the 21st I opened the letter box, which was closed on the previous evening, but I found no letter there from Mr. Stevens containing a cheque for 25l. 16s. 6d.—the endorsement on the back of this cheque "Samuel Nelson" is not written by me or by my authority—there were some other letters in the box—I noticed dirty finger marks all round the outside of the letter box.
FRANCIS WHITTLE . I am a cashier employed at the Chancery Lane branch of the Union Bank of London—on the morning of 21st July the prisoner presented this cheque for 25l. 16s. 6d. over the counter—I had some communication with Mr. Stevens beforehand, and in consequence of that I examined the endorsement "Samuel Nelson" on the back of the cheque, and held it up to the prisoner and said "Is this your name?" he said "No"—I said "Do you mind writing your name?" and handed him the cheque—he said "Certainly," and I saw him write this name "Henry Hardman" on the back—acting upon instructions I handed him the cash for the cheque and passed the cheque to Mr. Stevens, who was standing near.
all the persons in the house by sight—I receive the money for the rooms they occupy—during the time I have been there the prisoner has not to my knowledge been an occupant of that house.
Cross-examined. Mr. Leach was my predecessor—I am deputy there, and am there every day from 8 p.m. till 11 in the morning—I do not know that the prisoner was there in Mr. Leach's time, this is the first time I have heard it mentioned.
Re-examined. I am the actual manager, and Mr. Leach was my predecessor.
PHILIP BICK . I am a police-constable attached to the General Post-office—on the morning of 21st July I went with Mr. Stevens to the Chancery Lane branch of the Union Bank, and was present there when he spoke to the prisoner—I secured him, and took him into Chancery Lane in the direction of Holborn and said, "Now where is the man?"—he pointed to the opposite side, towards the corner of Cursitor Street, and said, "There he is, don't you see him?"—I took him farther up Chancery Lane to the comer of Cursitor Street and said, "Now point him out"—he again said, "There he is, can't you see him?"—I said "No"—he then said, "Ah, he is gone now"—there were a good many men at the corner of Cursitor Street, but I saw nobody run away—I then took the prisoner back to the bank, where Mr. Stevens was waiting—he afterwards at the Post-office give this description of the man, which I took down in writing at the time. (Read: "A man aged about 40, height 5 feet 9 or 10 inches, dark whiskers and moustache, shaved on chin, complexion dark, dressed in black morning coat and vest, dark trousers, and black, hard felt hat.") I have not seen or caught anybody of that description—I was present when Mr. Stevens gave the prisoner that paper to write out, and I saw him write it out.
Cross-examined. This was between half-past 10 and 11—at that time Chancery Lane and Holborn are crowded with people hurrying along—I said before the Magistrate, "I could see no one in particular," and his answer to that was, "He is gone now"—he never said anything about his running—I did not see any one go—we were standing from 100 to 150 yards from where he said the man had gone.
CHARLES EDWIN FENNER . I live at Brook House, St. John's Park, Blackheath—on 25th March, 1884, I filled up a cheque and handed it to my brother Henry William Fenner, and he signed it—it is payable at the Stratford branch of the London and County Bank, and is drawn in favour of Messrs. Cox and King, 20, Spring Gardens—I enclosed it in an envelope to that address, and posted it at the post-office in Trafalgar Road, Greenwich, about half-past 7—I afterwards heard that it had not reached its destination, and made a complaint to the Post-office.
JAMES COLLINS . I am a postman—it was my duty to deliver letters at Spring Gardens on 26th March, 1884—I remember nothing about the letter we are inquiring about, but I delivered every letter that was given me to deliver.
ARTHUR OLIVER DUPRE . I am a member of the firm of Cox and King, 22, Spring Gardens—I have heard a letter was posted to us containing a cheque for 100l., I never received it—the endorsement on this cheque
"Cox and King" is not written by the firm or by the authority of the firm.
CHARLES BURROWS BAIRD . On 26th March, 1884, I was cashier at the London and County Bank at Stratford—I am now at the Newington branch—on that day this cheque dated 25th March, 1884, drawn by Mr. Fenner, was presented to me, endorsed as it now appears—this (produced) is the bank note in which I entered the cash—I gave in change 15 banknotes of 5l. each and 15l., in gold—these are three of the notes—I do not identify the prisoner.
ALFRED HILLIARD . I am clerk in charge of the West Strand Post-office—on 26th March I was in charge of the Covent Garden branch post-office—on that day I issued a postal order numbered 0024 for 1l., and in payment for that I received this 5l. note numbered 04520, and I endorsed upon it the particulars of the order, and I find those particulars upon this now—this endorsement, "C. Smith, Mercers Street," was put on by the person tendering it, by my request—I have no recollection who it was.
EMILY ESTHER PORTER . I am an assistant at the post-office at Artillery Place, Woolwich—on 27th March, 1884, I was an assistant at the Store Street Post-office, Bedford Square—on that day this postal order numbered 0024 was presented to me for payment—it was filled in at the time, and was signed" C. Allen"—I then paid the 1l. to the person presenting it.
CHARLES JAMES STEVENS (Re-examined). I am an expert in hand-writing, and have had many years' experience—the endorsements on Cox and King's cheque and Nelson's cheque are both written by the same person—I have also compared the admitted writing of the prisoner with the endorsement "C. Allen" on the postal order, and believe them to be written by the same person—the signatures and addresses on these three bank-notes are also in the same handwriting—the signatures and addresses, "C. Smith, Barron Street," and "GL Smith, Barron Street," on these two notes, are also in the same writing—I got these two notes from the Bank of England.
Cross-examined. I have not given evidence other than in post-office cases, not like Mr. Netherclift and others.
CLARISSA RICKTTS . I live at Yoxall, Suffolk—on 6th April, 1885, I made up a letter addressed to Madame Phillipe, Hanover Square, and closed in it this cheque for 142l. 11s., payable to Madame Phillipe or order, and crossed—there was no endorsement on it when I sent it—I gave it to my servant, Alfred Stevens, to post, and he took it out of the drawing-room—it would have been in time for the evening dispatch from Yoxall.
ALFRED STEVENS . In April, 1885, I was in Mrs. Ricketts' service at' Yoxall—in the ordinary way I posted Mrs. Rickets' letters, and as far as I remember I posted all she gave me on this night a little before 6.
ROBERT ROMFORD HOODE (Re-examined). I am an overseer at the Western District Post-office—in April, 1885, a letter posted at Yoxall before 6 in the evening would come to my office in time for the general post delivery the following morning—Put tick was the letter carrier on the Hanover Square walk then—he is here.
delivered them in the usual way and all that came to my hands in due course.
FRANCES PIERRON . I am the wife of Paul Pierron, and carry on business at 12, Prince's Street, Hanover Square, under the name of Madame Fanny Phillipe—in April, 1885, there was an account due to me from Madame Rickets—the endorsement on the back of this cheque is not mine, nor is it written by my authority—I never received it by post—it is nothing like my signature.
JOHN THEODORE BRUCE SMALLMAN . I am a. cashier at Messrs. Hems and Farquhar's, bankers, St. James Street—on 7th April, 1885, I cashed this cheque for 142l. 11s., and gave in payment ten 10l. notes, numbers 79956 to 79965, and 42l. 11s. in cash—I have not the slightest remembrance who I paid them to.
JOHN WATSON . I am a clerk at the Charring Cross Post-office—on 11th April, 1885, I was a clerk at the Bedford Street Post-office—on that day this 10l. note, number 79959, was tendered to me in payment for three 20s. postal orders, numbers 632645, 632646, 632647—I asked the person tendering it to endorse it, and he wrote "A. Watson, 17, Beak Street, Regent Street" on the back—my name being Watson I took particular notice of the person—the prisoner resembles the man, that is all I can say—I then endorsed the numbers of the orders on it which I had given in exchange.
Cross-examined. My attention was called by the Post-office to this cheque about three weeks afterwards—I do not see more than 300 customers a day, and I know several of them—very few of them are named Watson.
CHARLES BARNES . I am Post-office Receiver at Church Street, Kensington—on 11th April, 1885, I cashed these three postal orders for 1l. each; they were then filled in and signed "A. Hamilton"—I don't identify the prisoner.
CAROLINE BENNETT . I am clerk in charge of the Goswell Road branch of the Post-office—on 7th April, 1885, this 10l. note, number 79960, was presented to me in payment for this 20s. postal order, number 517998—I endorsed the note with that number, and asked the person presenting the note to write his name and address, and he wrote "J. Smith, 18, Pontoon Street"—that order appears to have been paid on the 9th April, 1885, signed "H. Hammond."
EMILY PORTER . I am assistant at Artillery Place Post-office, Woolwich—on 7th April, 1885,1 was at the Store Street Post-office, Bedford Square—on that day I issued these three postal orders, numbers 389131, '2, and '3, and received in payment this 10 note, numbered 79964, and I endorsed on it the numbers of the orders.
CHARLES JAMES STEVENS (Re-examined). I will not speak positively to the endorsement on the cheque from Madame Ricketts to Madame Phillip, it is more the character of prisoner's writing than the others—the names and addresses on the backs of these three 10l. notes, Nos. 79959, 79960, and 79961, are in the prisoner's writing, and I believe the signatures to the postal orders issued in exchange for those notes to be in the prisoner's writing, the writing is similar.
GUILTY .— Five Years' Penal Servitude.
MR. MATHEWS stated that cheques to the amount of 600l. had lm stolen in this district.
MESSRS. POLAND and HORACE AVORY Prosecuted; MR. POPE, Q.C., with
MR. GILL, appeared for Her wood, and MR. WARBURTON for Farmer,
NOT GUILTY .
NEW COURT.—Tuesday, September 14th, 1886.
Before Mr. Common Serjeant.
MR. WILKINSON and MR. R. COOKE, M.P., Prosecuted.
JANE BLACKBURN . I live at 43, Wellington Street, Strand—my father is a ropemaker—on 31st July, between 7 and 8 a.m., I served the prisoner with some wire, which came to 1d. or 2d.—he gave me a half-crown—I gave him the change, and handed the coin to my mother—the prisoner was gone then—I examined the coin afterwards; it was not good—I put it in a bowl at the book of the counter, and it was given to my father—on August 7th the prisoner came again, about 7.20 a.m., for two penny worth of wire, and tendered a half-crown—my mother picked it up and said it was not good—the prisoner said that his brother gave it to him—my father gave him in charge, and my mother said "You came in last Saturday and passed a bad half-crown"—the prisoner made no reply, but he offered the 2s. 4d. for the previous Saturday—I did not give him change for the second coin—these are the two coins.
ROBERT GEORGE BLACKBURN . I am a ropemaker, of 43, Wellington Street, Strand—I was not in the shop on 31st July, but my daughter showed me this bad half-crown (produced)—on the 7th I was standing at the door, and heard all that went on—this coin (produced) was handed to me, and I bent it, and said to the prisoner "Where did you get this from?"—he said "My brother gave it to me to buy some wire"—I said "You were here last Saturday with one"—he said "I was not"—I said "I shall lock you up"—he said "Don't lock me up, I will never come again; I will give you all the money I have, 2s. 1d., to let me off"—I gave him in charge with the coins.
ERNEST GRIGABY (Policeman E 112). I was called to take the prisoner—he said "I have offered him 2s. 1d. for the last half-crown, but he won't take it"—I searched him at the station, and found nothing, but I omitted to search one of his pockets—he afterwards gave me a florin and four pennies—he gave his address 48, Golden Lane, St. Luke's.
Prisoner's Defence. I was with my brother outside Covent Garden Market on 31st July—a man asked me to go and get him twopenny worth of wire, and gave me the half-crown. I did so, and that day week he asked me to go again, and I did. While I have been in prison I have learned where he lives, and he has got other persons into trouble.
GUILTY .— Nine Months' Hard Labour.
MR. WILKINSON and MR. R COOKE, M.P., Prosecuted; MR. MOYSES
JOHN CHARNICK . I am turned 14, and live at 23, Goring Street, London Fields—on 2nd July I saw the prisoner in the Broadway, Hackney—he said "Will you get me a quartern of rum?"—I said "Yes, sir, where?"—he said "Over at that public-house there"—he gave me a florin, and said "How much is half a quartern?"—I said "2 1/2 d."—he said "A penny on the bottle will be 3 1/2 d., and a halfpenny for yourself will be 4d."—I went to the public-house, and gave the landlady the florin—she gave it back to me, and did not give me the rum—I went out but could not find the prisoner—I gave the florin to the policeman—this (produced) is like it—I saw the prisoner again at Worship Street Police-station.
Cross-examined. I know the price of rum because I used to get it for my mother, and also for a lady next door—I told the policeman that the prisoner had light gray trousers and a bobtail coat—I had never seen him before—I only saw him about half a minute, but am certain he is the boy—I know him by his clothes and his face—I picked him out from a lot of men and boys at Worship Street—I was not told that I was going to see him there.
MARTHA LARKING . I am employed at the Bedford Hotel, Victoria Park—on 2nd July, about 6.30 p.m., Chadwick came in for half a quarter of rum in a bottle, which came to 3 1/2 d.—he gave me a florin—I saw that it was bad, tried it with my teeth, bent it, and gave it back to him—he afterwards came back with a constable, who had the florin—this is it.
JAMES BROWN . I am eight years old, and live at 2, Brunswick Street, South Hackney—I met the prisoner on the common on a Saturday—he said "Will you get me half a quarters of gin?"—I said "Yes—he gave me a bottle and a half-crown, and said" Go to the public-house over there," the Queen's Hotel—I went there and saw Miss Hart—I gave her the half-crown, and she gave me the gin—I took it to the prisoner, and said" Here is the gin, and the people will brine over the change"—he said "Never mind," and ran away, saying "There is the gin; you may have it"—I afterwards saw him at the station.
Cross-examined. The potman came out of the house and said something to the prisoner, I did not hear what.
RACHEL HART . I am employed at the Queen's Hotel, Victoria Park Road—on Saturday, 17th July, between 4 and 5 o'clock, Brown came in with a bottle and tendered me a half-crown for a half-quartern of gin—it was very light, and I found it was bad; I broke it; this is it—my brother gave the boy the gin, and followed him out.
MORRIS HART . I am a brother of the last witness—she handed me this half-crown—I marked it, finding it was bad, followed Brown out, and saw him wait for the prisoner about 200 yards from the hotel, but did not go right up to him—he ran, and I ran after him—Payne followed me out—the prisoner was brought back—I gave the coin to the constable.
outside when Brown went in—I saw him come out; Mr. Hart followed him—I saw the boy go up to the prisoner; Mr. Hart followed him, and he commenced running as soon as ho saw that he was detected—I got into a van and followed him; he ran into a plantation; I got off the van and caught him—he said, "I have no more money, let me go"—I detained him till the police arrived.
Cross-examined. I had gone 100 yards towards him before he moved off.
Witness for the Defence.
JOHN BROWN . I am a tailor's shoemaker, of 159, Moves Street, Hackney Road—I have lived five or six years in the neighbourhood—the prisoner is my son; he has never been in trouble—on 2nd July he went out between 10 and 11 o'clock, and returned about 2.15; my wife let him in, and he did not go out again till after 6 o'clock—I fix the time because when he came in I said to him, "Halloa, Tom, you come in just at the same time as you came in a week ago from the Militia"—it would not take more than 12 minutes to walk from my house to the house mentioned in this charge.
Cross-examined. The prisoner was asleep in a chair in the kitchen the greater part of the afternoon, and I was working in a room upstairs—I went down for my tea and for water—the prisoner had no situation, he only left the Militia the previous week—I did not give evidence at the police-court because my son reserved his defence and I saw the Magistrate was going to commit him.
By the COURT. I was at work upstairs between 5 and 6 o'clock, and heard him go out at 6 or half-past—his mother said, "Where are you going?"—he said, "I think I shall go to the theatre"—we had tea between 4 and 5 o'clock.
By MR. MOYSES There have been repeated remands, and he has been in prison nearly two months—I saw him several times in the afternoon.
GUILTY of the second uttering only. — Eight Months' Hard Labour.
FOURTH COURT.—Tuesday, September 14th, 1886.
Before Robert Malcolm Kerr, Esq.
MR. MUIR Prosecuted; MR. FRITH Defended.
ELIZA WILKINS . I am a widow, living at 4, Smart's Buildings, Holborn—Youngman lived on the same floor, and I know Collins by his visiting her; I know him in the name of Walter—on 9th July, shortly before 12, he called at the house with a parcel like this (produced)—Youngman was out, and had said to me before she went "I shall be out about half an hour, if anybody calls will you tell them so?"—Collins asked if she was at home—I said "No"—he said "Can I leave this with you?"—I said "Yes," and he left the parcel—Youngman came back and Collins came up the stairs just after her—I gave him the parcel, and he
took it into Youngman's room; that was about 12 o'clock—I next saw the parcel between half-past 4 and 20 minutes to 5, when Youngman asked me if I would go to pledge it for her, and I took a parcel for her to Mr. Raper's, a pawnbroker's, and pledged it for 10s. or 11s.—I gave the money to Youngman, and she gave me a half-crown—I pledged three pieces of cloth altogether for her—I did not see the first piece, but the others I saw as the pawnbroker opened it; it had an edge like that of this cloth (produced)—I gave the other money I got to Youngman—Collins was in the room the first time I gave her money, and saw me do so—on Saturday morning Youngman gave me this piece of stuff to make myself a coarse apron with, and I made it into an apron.
Cross-examined. I have known Youngman for 12 months as my next-door neighbour, and I have pledged things for her three or four times—she was unfortunately given to taking too much to drink; I have seen her intoxicated; she was not intoxicated on this day—I have pledged things for her at Raper's before—I pledged these things in my own name, I had not the slightest suspicion of anything wrong—she did not tell me it was cloth, and I could not see the first piece—she asked me to get 14s.—she had the ticket, and I have not seen it since; it was not found in her house—I received the parcel in my own room, and had it there half or three-quarters of an hour before she came in—she came and rapped at my door and asked if any one had been, and I said "There is a parcel for you, and Walter brought it"—I did not hear her ask Walter if he bad brought it—I did not offer to pledge it—I pawned it in my own name and address, believing it to be perfectly right—I pawned things there years ago, and have generally been in the habit of taking them out—she did not leave me and Walter in the room together—I did not offer to pawn the second piece; she brought it into my room and I pawned it.
WILLIAM MANLEY . I am assistant to T. F. Cloud, pawnbroker, 307, High Holborn—this piece of cloth (produced) was pledged at my place by Mrs. Wilkins for 11s., in the name of C. Wilkins, 163, High Holborn.
THOMAS CRINNY . I am assistant to Messrs. Wills, pawnbrokers, Bloomsbury—this piece of cloth, 7 1/2 yards (produced,) was pledged there for 12s. by Ann Wilkins, the last witness, who gave the address, 4, Smart's Buildings, on 9th July.
Cross-examined by MR. FRITH. I did not know Wilkins before.
FREDERICK JARRY . I am assistant to Mr. Poppett, pawnbroker, of 35, Gray's Inn Road—I produce seven yards of cloth pledged for 12s. on 9th July by Jane Young, whom I cannot identify, but I believe Youngman pawned it—I did not know her before.
ARTHUR WOODTHORPE . I am assistant to Messrs. Hoarer, pawnbrokers, 14, Cranbourne Street—I produce eight yards of cloth pledged on 9th July for 14s., by Youngman, in the name of Ann Young, 6, White Lion Street—I asked her whore she got it, she said at Debenham and Storr's auction rooms.
Cross-examined by MR. FRITH. She said she bought it at Debenham's—I know her before, she had pledged things with us for years, always in the name of Young—I could give a good description of her to the police if anything had been wrong—she always gave the same address—
I did not know if she lived there—the ticket for this cloth was brought back by King, who had bought it from her, but the police had been in and stopped it.
By the JURY. She had pawned wearing apparel and jewellery before.
JAMES MOORE . I am manager to Hargreaves and Co., cloth manufacturers, of Stafton mills, near Trowbridge—this cloth is our manufacture—we sent a consignment to Mr. Apperley, at Cripplegate Buildings, on 7th July—this is a part of that cloth—it was packed in canvas like that—there were 43 yards, value 9l. 14s.
GEORGEW RICKETTS . I am a packer to Messrs. Hargrove's, cloth manufacturers—I packed a truss of cloth for Messrs. Apperley and Co. on 4th July in the same way as this—this is the same cloth—after packing it I put it on a trolley for the Great Western Railway Company, and addressed it Linney, Paddington, for D. C. Apperley, Cripplegate Buildings.
FREDERICK REDWOOD . I am a checker in the employ of the Great Western Railway Company, at Hope Junction, Wilts—cloth comes there from the Stafton mills—on 7th July I checked a truss of cloth similar to this, addressed to Linney, Paddington—I put it on the truck to Paddington.
THOMAS NOBLE . I am a checker in the employ of the Great Western Railway Company, Paddington—on 8th July I checked the van that came from Hope Junction on 7th July—I checked a truss of cloth like tills from Hope, addressed to Linney, and sent it to the post in the yard allotted to Linney, where they call for their goods.
ALFRED KING . I am a carman me the employ of Messrs. Linney, contractors for cartage of the Great Western Railway Company—on 9th July I took a truss of cloth from the post at Paddington Station where our goods are usually put into the front of my van—it was addressed to Cripplegate Buildings—I stopped opposite Bouverie Street, in Fleet Street, on my way, about 11 o'clock, and I and my van boy left the van for five minutes—when I came back a truss was gone.
WILLIAM WHITTERSLEY . I am the last witness's van boy—I helped him carry a parcel on 9th July, about a quarter to 11 o'clock, from near Bouverie Street—when we came back my mate missed a truss of cloth which I had last seen safe on the van at the corner of Bouverie Street, with a corn sack on the top—I was away about five minutes.
GEORGE RICKETTS (Re-examined). I put the same sort of cloth over the truss that was lost—there were needle holes in the middle of it made with a big packing-needle in putting on the label card—I see holes in this apron.
----MARTIN (City Policeman). I arrested Collins on 18th August, and told him I was a police officer and was going to take him into custody for stealing a truss of cloth from a Great Western Railway Company's van in Fleet Street on 9th July—he said, "You have made a mistake, I don't know anything about it"—I arrested Youngman on 31st July—I told her she would be charged with illegally pawning cloth at Hoare's in Leicester Square and other pawnbrokers in the neighbourhood
—he said, "I never pledged any cloth, and I don't know anything about it."
YOUNGMAN**— GUILTY. of receiving.
COLLINS*— GUILTY of stealing — Twelve Months' Hard Labour each.
MR. AVORY Prosecuted.
ALFRED CHINNERY . I am a watchman in the employment of Phillips and Graves—on Thursday, 5th August, I assisted in loading their barge Severn, and among other goods put on board five cases of paper marked "Y" in a diamond, "No. 1" and "12 1/2" underneath that—this (produced) is one of the cases I put on board—having loaded the barge I covered it up with tarpaulins, which I nailed to the comings of the barge, and left it safe in charge of William Poet.
WILLIAM ALFRED POET . I am a lighterman in Phillips and Graves's service—on Thursday, 5th August, I took charge of the Severn after she was loaded until she was left at Smith's wharf, where I left her all secure in charge of Kinsey, the watchman, on Friday morning, the 6th—the tarpaulins were all secure then.
WILLIAM KINSEY . I am a watchman in the service of Phillips and Graves at Smith's wharf—on Friday, 6th August, I received this barge Severn from the last witness, when she arrived loaded—the barge lay at the South Wharf all Friday, and I saw her on Saturday morning at 4 o'clock; the barge was then all safe and the tarpaulins undisturbed—after 5 o'clock in the morning I heard some shouting from Southwark Bridge—I went to Queenhithe Dock and saw some tarpaulins had been disturbed on the Severn, exposing the cargo.
ROBERT BURRAGE . I am an apprentice, working with Messrs. Phillips and Graves—on Saturday morning, 7th August, about half-past 5, I was rowing into Queenhithe Dock, and noticed that the cloths of the Severn were turned up, exposing the goods—I saw a boat with the three prisoners and another man in it, about four barge-lengths from the Severn, coming out of the dock and being rowed across to the Surrey side—I rowed after the men—they landed the case on to some coal barge by St. George's Wharf on the Surrey side, but in doing it the case fell over into the water—I saw the police boat coming up; there was some shouting from the barge—I said to them, "That is my chest of tea, I shall have to pay for it, if you lend me a hand to get it I will let you go"—two of them got into the boat and showed me where the case was; I pulled it up and put it into my boat—the police boat came up and rowed after the men—I saw them row round the barge to Falcon Dock—this is one of the bales out of the cases, and is marked "Y" in a diamond.
Cross-examined by Shott. I did not tell you to row away as quickly as you could or the police would have you.
Re-examined. I gave information to the police when they came up, and they rowed after the prisoners.
REUBEN HARDING . I am night watchman at Smith's wharf—on Saturday morning, 7th August, about half-past 5, I saw a boat with five lads going over to the Surrey side—I noticed at the same time that the tarpaulins of the Severn had been disturbed—as I ran over Southwark
Bridge I saw them pulling off their coats and covering up something in the boat as they were crossing over the river—I spoke to the policeman on the way over Southwark Bridge, and we ran together to the Falcon Dock—when I got there the three prisoners and another man met me; they turned and ran into Bailey and Pegg's wharf; I did not see where they concealed themselves—the police followed them in there.
WILLIAM BINGHAM (Policeman M 297). On Saturday, the 7th, between 5 and 6, I went with the last witness in search of the prisoners to the Falcon Dock—they ran through there, and at last we found the prisoners concealed in the bed of an empty van in Messrs. Bailey and Pegg's yard—we apprehended the three and the fourth got away—Shott said "You have got the wrong men this time; we have been lying in the van since 4 o'clock this morning"—Shott is one of the men I saw running from the Falcon Dock.
ROBERT WILSON . I am outdoor superintendent to Messrs. Phillips and Graves—they were carrying this cargo of paper and other goods for the bonded warehouse—there were twelve packages of paper in the case; it weighed 1 1/2 cwt., and was worth 6l.
Shott's Statement before the Magistrate. "I took the boat away from the bridge with the intention of having a row over the other side of the water—I saw the case in the water; we picked it up and put it in our boat; we rowed back over the water where we came from. In putting the case on the barge it fell overboard again. We left it there because we saw the constables on the wharf rowing out. We saw the youngest witness come along in a boat, he asked us where the case was. We told him, and he said 'I will nave to pay for the case" and he says 'Now row away as hard as you can, or else the police will have you."
Shott in his defence stated that he went for a swim with Coffey, and that they picked up the chest in the water.
PLAMPTON then PLEADED GUILTY to a conviction of felony in March, 1886.
COFFEY*— Twelve Months Hard Labour each.
MESSRS. POLAND and MATHEWS Prosecuted; MR. GILL Defended.
ANNIE BURY . I am the wife of Alfred Bury, and the prisoner's sister—I was present at his marriage to Annie Screwse on 5th August, 1878—this is the certificate—Mrs. Clark is in Court—I knew the prisoner as James Clarke.
ANNIE PHILPOTT . I live at Holland Park Road—in the spring of 1880 I was living at Taunton, where I met the prisoner—he proposed to marry me—I accepted him—he courted me for three months, and we were married on 6th June, 1880—this is the certificate of our marriage—I understood he was single—I do not wish to punish him—he was a very good husband to me.
The marriage certificate not being proved, MR. GILL submitted that according to the Queen v. Cresswell there was no evidence that the first marriage was legal. MR. COMMISSIONER KERR, after consulting with the RECORDER, left the case to the Jury.
GUILTY . (See next case.)
GUILTY .*— Two Years' Hard Labour.
882. ROBERT HENRY TUCKER (40) PLEADED GUILTY to forging and uttering a request for the delivery of 12 tons of condensed milk, and also to forging and uttering an order for the delivery of hams.— Five Years' Penal Servitude.
OLD COURT.—Wednesday, September 15th, 1886.
Before Mr. Justice Wills.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
JAMES MULLEADY . I live with my uncle, John Galvin, at 47, Exmouth Street, Stepney—I came home about 11.30 p.m. on the 29th April and got in with a latchkey—I fastened the door and went to bed—at about 1.30 or 1.45 I was awakened by the police coming into my room.
GEORGE GOAD (Policeman H 443). I was on duty in the neighbourhood of Exmouth Street on the night in question, where I saw three men about 40 yards off, of whom the prisoner was one—I saw the prisoner enter Galvin's house, he appeared to do something to the door—I went towards it and one of the other men gave a whistle, and the prisoner came out and ran away—I was about five or six yards from him then—there is a lamplight over the door; I saw his face plainly—I ran after him and caught him about 10 or 12 yards off—he said "I live there"—I said "You will have to come back to the house with me and see what has happened"—he then struck me in the face with his fist—I still had hold of him, he struggled, and the other two men then came up—I drew my truncheon and struck at the prisoner, but missed him—he butted me in the chest with his head—I fell, and the prisoner and the other two men kicked me in various parts of the body—the prisoner wrenched my truncheon from me and dealt me a severe blow on the head, which made me insensible—when I came to I saw the inspector at No. 47—I was taken to the station and was afterwards seen by the surgeon—I was confined to my bed for 14 days, and incapacitated for duty for three months—on 21st July I was taken down to Birmingham by Inspector Abberline, where I saw 10 or 12 other men besides the prisoner at the gaol—they were all in plain clothes—I identified the prisoner as the man who assaulted me on the night in question—I have no doubt about it.
Cross-examined by the Prisoner. I said at Arbour Square that there were two other men there when the whistle was given, and I was butted
in the chest—I said you had on a diagonal coat and waistcoat—I hesitated in identifying you for a few moments, I wanted to make sure of you—as soon as I entered the passage I went and stood in front of you.
By the COURT. I gave a description of the prisoner; it was put down in a book—I have not got it here. (The book was sent for by order of the COURT.) I never saw his photograph—the authorities at Birmingham communicated with the Scotland Yard authorities, and information was sent to the H Division.
Re-examined. I gave the description to Inspector Floyd.
ELIZA BOUSTRED . I am the wife of George Boustred, who keeps a beerhouse at the corner of Exmouth Street, about four door from No. 47—on the night in question, between 12.15 and 12.20,1 was in my bar-parlour, when I heard a thud outside, like somebody kicking—I ran into the street and saw someone lying across the road on the same side as No. 47—three men ran away, I did not see their faces—I went up and saw that the man who was lying down was a constable in uniform; he was lying on his face, he was insensible—I turned him over on his back and took his whistle from his tunic and blew it—some police officers then came up and two of them went into No. 47—the injured man was taken away.
EDWARD KING HOUCHIN . I am Divisional Surgeon of the H Division—I saw Goad on the morning of 30th April at the police-station—he was suffering from lacerations of the scalp and several contusions on the back of the head, and bruises about the shoulders, also the backs of both hands had been severely bruised—I dressed the wound on the head and he was put to bed—he was under my care for three months, during which he was on the sick list, with the exception of a week, for which time he resumed duty—he had concussion of the brain, which might have been caused by some blunt instrument, such as a truncheon, as well as the other wounds.
FREDERICK GEORGE ABBERLINE (Police Inspector H). On 21st July I had orders from the Home Office to proceed to Birmingham with Goad, which I did, with others—we went to the gaol, where we saw the prisoner with nine others in plain clothes, which I had arranged with the prison authorities; they were prisoners—Goad was the last to come in, and he went up and stood immediately opposite him—there was a man on the right and on the left of him—after looking at them right and left, and looking very hard at the prisoner for, I should think, eight or ten seconds, I said to him, "Do you see any one there that you recognise?"—he then pointed to the prisoner—I said, "That will do," and he passed on down to the end of the passage.
Cross-examined. At Arbour Square, on your referring to the principal warder who brought you up to Bow Street, I said as to the hesitation of Goad, "I can quite understand what the prisoner means by hesitation on the part of Goad; the two previous witnesses rushed up to you and touched you, whereas Goad went up and stood opposite looking at you"—my explanation was that I thought he was waiting for me to ask him whether he recognised anybody or not—you could have called the principal warder if you liked; you informed the Magistrate after what I said that you did not think it desirable to call him.
By the COURT. From what came to my knowledge in the course of inquiry I was satisfied the prisoner was the man.
WILLIAM FLOYD (Police Inspector H). After the assault on Goad I came up and found him seriously injured, and had him attended to—that was about 12 o'clock—he gave me a description of the persons who had attacked him, at the station, about an hour after the assault had been committed; this is it: "First, age 28, height 5 feet 9 inches, dark, slight moustache, black diagonal coat and vest, dark brown trousers; second and third: heights, 5 feet 6 inches, dark cloth, hard felt hats."
The prisoner in his defence declared his innocence, and calling attention to the discrepancies in the case, urged that advantage had been taken of the fact that he belonged to the criminal classes to fix this charge upon him.
NOT GUILTY .
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
JANE ELIZABETH WOODLAND . I keep a pawnbroker's shop at 29, Hunt Street, Mile End New Town—on the night of 9th June, about half-past 10, I went round and closed my premises, leaving everything secure—about 3 o'clock next morning I was awoke by the police—I went down outside the premises—a shutter had been forced down and a pane of glass cut out in a circle; the rest of the window was broken and carefully put inside—I missed from the window two quilts, shawls, dress lengths, and other things of the value of 4l.—these produced are mine.
FREDERICK WEIR (Policeman H 180). In the early morning of 10th June, about half-past 1, I was on duty in Pelham Street, Mile End New Town, in company with Missen—I saw the prisoner there with two other men—the prisoner was wheeling a costermonger's barrow, and the others were one on each side of him—the articles produced were in a sack on the barrow—I stopped them—they were a good 200 yards from Mrs. Woodland's; they were coming in a direction from Mrs. Woodland's—I asked the prisoner what he had there—he said, "I have had a few words with my landlord, and I am going to do a shift as I owe a few weeks' rent"—I opened the mouth of the sack and pulled out a bundle and said, "This is wrong"—the other two men turned round and ran away—Missen ran after them, leaving me with the prisoner—I told him to stop—he said, "Oh, I will be quiet"—after Missen had got out of sight he said, "Now, you sod, I am going to have a go for it;" at the same time he put his leg round mine and pushed me back, and I went over the handle of the barrow—I had both my hands in his collar, and pulled him with me on the top of me—he got hold of me somewhere on the back with one hand, and got my nose in his mouth and bit it—it bled very much—he then let go my nose and got my left hand in his mouth and bit it—we had a bit of a scuffle, as far as I can remember, but I was neither one way or the other—he then got up, gave me one or two kicks, and ran away, leaving the barrow and things behind—shortly afterwards the other constable came back, and we took the barrow to the station—I went to the doctor's, and he dressed my wounds—I was on the sick-list for a fortnight—I gave a description of the prisoner to Inspector Bavington, which was taken down and entered in a book—on 21st July I went to Birmingham with Inspector Abberline, and there saw the prisoner with some other men in plain clothes—there were about 10 in
a row—I went in by myself, and picked the prisoner out from the others; I went straight up to him and touched him on the shoulder—on the night in question I saw his face when talking to him and struggling with him—I have not the slightest doubt he is the man—I described to the inspector also the clothes he was wearing, as far as I could remember.
Cross-examined by the Prisoner. When I pointed you out the left side of your face was towards me—I was certain of you as soon as I got in at the door—you were about 20 or 30 feet from me—I might have seen the scar on your face, but I did not go by that—at Arbour Square I described your clothes as a diagonal coat and vest—I belong to Commercial Street Station—I have not had any conversation about you with the detectives there—I knew nothing of your past character—I know it now from what I heard you say—Hunt Street, where this took place, is a narrow street, and rather dark—there are two lamps, one at each end.
Re-examined. When I went to Birmingham I did not know he had any stain on his character.
JOHN MISSEN (Policeman 455). I was with Weir at half-past 1 in the morning of 10th June in Pelham Street—Hunt Street runs out of Pelham Street—my attention was attracted to three men, one wheeling a barrow down Hunt Street—there was nothing on the barrow then except something very close to the bottom, nothing to see—I kept them in sight—they went down Hunt Street, opposite 29—there is a waste piece of ground opposite 29; they appeared to go on to that—they remained there two or three minutes—they then came out and came back to where we were standing—they had the barrow still with something on it; it appeared to be a bag—the prisoner was wheeling the barrow, the other men were one on each side—when they got close to us Weir took hold of the prisoner; the other two withdrew from the barrow, stood three or four seconds, and then ran away—I followed them—they went in different directions—before I followed them I had an opportunity of seeing the man who was wheeling the barrow; it was the prisoner; I have no doubt of it—I lost sight of the other men in the pursuit, and returned to where I had left Weir and the prisoner—I found Weir with marks of violence on his nose and hands; the prisoner was gone—I assisted Weir, and took the barrow and its contents to Commercial Street Station—Mrs. Woodland afterwards saw the things there—I went back that night to 29, Hunt Street—the shutters had been put up again in its place—I pulled it down, and found that the window was broken and a hole in it—on 17th August I was at Arbour Square Station, where I picked out the prisoner from nine others—I had no doubt about him then and have none now.
Cross-examined. I was two or three minutes looking at the man wheeling the barrow from the time I first saw him till I left him—I did not see you come in a cab to Arbour Square—I was in the reserve room; that did not look into the yard—I did not see you till I touched you on the shoulder—I knew you had arrived from Birmingham that morning—I was there to see you—you had a diagonal overcoat on on the night in question.
By the JURY. When I first saw the three men these things were not on the barrow—it might have been from four to five minutes from the time the barrow first passed till it returned—the vacant piece of ground
is just opposite Mrs. Woodland's—the shutter was broken down and the things fetched out before they fetched the barrow.
CHRISTOPHER FAGAN (Policeman H 260). About a quarter to 2 on the morning of 10th June I was on duty in Great Garden Street, Mile End New Town; that is about 300 yards from where Weir was assaulted—the prisoner passed me; I had a good look at his features, and am confident about him—he was walking in a hurried manner, very fast, from the direction of Pelham Street, and going in the direction of Whitechapel Road—he passed quite close to mo—about 20 minutes to 3 that same morning I went to the piece of waste ground opposite Mrs. Woodland's, and there found this jemmy—on 17th August I was at Arbour Square Police-station, and there saw the prisoner among several others; I could not tell how many—I went and looked along them till I came to him, and I tapped him on the shoulder.
Cross-examined. It took you about a second to pass me—you were under a lamp—I could see you perfectly well—I did not hear anything, or I should have stopped you—I was about 300 yards from Hunt Street—I gave no description of you next morning; the other constable had given it—I was not asked to give a description—I was at Arbour Square when you came there in a cab, but I was put in another room by Inspector Abberline's orders, so that I could not see you—I belong to Commercial Street Station, but have only been there about six months—I had no conversation with the constables—I was not told anything about you till you were arrested at Birmingham; that had no influence on my mind—I took particular notice of you on this night, because you were going in such a hurried manner—I should think it was from 20 minutes to a quarter to 12; I would not be sure for five minutes—no one passed me at the time but you—I was not called as a witness before the Magistrate; I don't know why, I was there ready to be called—I believe you had on the same coat you have now, but you were carrying a coat of a darker pattern on your arm—you were not wearing the same clothes when I saw you in the room—you wore wearing a long overcoat; I believe it was the one you had on your arm.
ALBERT BOULTON . I am an officer attached to the Criminal Investigation Department—on 10th Juno I compared this jemmy with some marks on the shutters in front of Mrs. Woodland's shop; they corresponded.
Cross-examined. You and I have seen one another before—I belong to Commercial Street Station—I have not had any conversation with the other constables connected with this case—I derived my knowledge of you from seeing you in Brick Lane—I only know your past history from what you told me yourself in a public-house in Fashion Street—I do not know Burgin, a publican—I did not ask him if he knew a man named Denny Bryan, or tell him that the authorities meant to detain Bryan in the event of his showing himself.
JOHN BAVINGTON (Police Inspector H). Weir gave me a description of a man between half-past 2 and 3—I made an entry of it in the occurrence book—I took it down from what he said, and circulated it—this is it: "First, age 35, height 5 feet 10, complexion sallow, moustache dark, side whiskers slight; dress, dark grey coat; black, hard felt hat, can be identified; second and third, short, identification doubtful"—I did not take any description from Missen.
FREDERICK GEORGE ABBERLINE (Police Inspector H). On 21st July I went with Weir to Birmingham—in the prison there we saw a number of men in plain clothes-Weir immediately went up, touched the prisoner on the shoulder, and said "That is the man"—on 17th August the prisoner was brought from Birmingham—I had to get authority from the Home Office to bring him—he was then charged before the Magistrate in London—I was present when Missen jaw him—I had previously seen the witnesses put in a room so that they could not see the prisoner's arrival, and they were called out separately, one by one, after I had placed the prisoner with 9 or 10 other men—Missen pointed to the prisoner, and said "That's him," or words to that effect—that was done without hesitation—Fagan was then called in in the same way shortly after, and did the same, without any hesitation whatever—I was present when the charge was read over to the prisoner—he made no remark whatever—there was an examination before the Magistrate on the 17th and a large number of witnesses were examined on the 18th—Fagan was there to be called if it was thought fit—the gentleman conducting the case said he could be called at the trial.
Cross-examined. There was a large crowd at the station when you were brought there-no doubt several policemen wore standing about there, there always are, but not connected with this case—before the charge was read over to you I told you you would shortly go before the Magistrate and the case would be conducted by the solicitor to the Treasury—you did not, to my knowledge, say that you had never seen these people before; you did not say so in-my hearing-after Ockwell and Weir had pointed you out you asked the warders to let you stand at the opposite side of the passage, and they did so—you said something about a scar.
The prisoner's statement before the Magistrate was read, in which he asserted his innocence and attributed his accusation to the fact of his past character being known. In his defence he also repeated the same, and posted out certain alleged discrepancies in the evidence as to his identification.
There was another indictment against the prisoner, for which see Old Court, Thursday.
MR. GEOGHEGAN Prosecuted.
The evidence was unfit for, publication.
GUILTY — Five Year's Penal Servitude.
NEW COURT.—Wednesday, September 15th, 1886.
Before Mr. Recorder.
MESSRS. CHARLES MATTHEWS and BAGGALLAY Prosecuted; MR. MACKENZIE
SARAH ANN OSBORNE . I am an assistant at the post-office, High Street, Stratford—on 28th July last the prisoner came in and asked for a post-office order for 1s. 1d.—I repeated "money order" as I thought ho meant a postal order—I handed him this form of requisition, and I saw him fill it up. (For 1s. 7d., payable at Leeds, to John Bole, and sent by H. M. Hiller, of St. Leonards Road.) In accordance with that I made up this order and advice—the advice is in the same form now as when I wrote it, but the order contains none of my writing—they are both made at the same time by means of carbonic paper, and the advice would be a facsimile of what I wrote on the order—the advice is to the Leeds Post-office to pay 1s. 7d., signed "S. Osborne, pro postmaster"—the number 4373 corresponds on the order and advice, and both bear the stamp of the Stratford office, but my writing has been removed from the order—some time after, I went to Bow Street and picked the prisoner out from other men—I have no doubt of his being the man.
Cross-examined. The advice would be sent in the usual course of business to Leeds—I did not receive an advice from Leeds—a baker's business is done besides the post-office business—I sometimes attend to it—there is not much business done there—there was no one in there that afternoon when the prisoner came in—about fifty customers would come in in a day—I remember the prisoner's face quite well; we don't often have gentlemen like that come in.
WILLIAM PADKIN . I am a draper of 330, Hornsey Road—on 30th July, between 8 and 9, the prisoner came in for a flannel shirt—he asked me if I could change a post-office order—I said "Yes, if it is a good one," and asked him to show it to me—he handed me this order—I examined it carefully and formed an impression about it, and sent an assistant to a neighbouring post-office—whilst ho was gone I engaged the prisoner in conversation; the assistant came back and told me something, in consequence of which I went and saw Mr. Godbold at the post-office, leaving the prisoner in the shop—I went back to the shop, found the prisoner there, sent for a constable, and asked the prisoner where he lived—he said "Upper Holloway," I forget what number he said—he was anxious to get his change, but I put him off by saying I had sent my assistant out for it—a constable then arrived.
Cross-examined. The prisoner was in the shop altogether half an hour—he said "Before I buy the shirts can you change me an order?"
ALFRED GEORGE GODBOLD . I am letter receiver at Hornsey Road—on 30th July Mr. Padkin's assistant came to me and showed me this order; I spoke to him about it, and shortly afterwards Mr. Padkin himself came with a constable—the prisoner was then brought to my office and detained.
WILTER GOODING (Policeman Y 75). On 30th July, in the evening, I was called by Mr. Padkin to his shop and there saw the prisoner—Mr. Padkin said in his hearing that he had come to his shop to purchase two
shirts, and had offered in payment a post-office order and asked him to change it and pay for the shirts out of it; that Mr. Godbold had the order and said he should detain it until the police came and he would give it to them—the prisoner said the order was his and he wanted it—I asked him if he would tell me where he got the order from—he said "No"—I said I would take him to the station—previous to that I asked him where he lived—he said "Come and see"—Mr. Padkin said "He told me he lived at 54, Upper Holloway"—I said "There is no address of that kind"—at the station he gave his address 19, Tagg Street, Bethnal Green.
Cross-examined. He gave his address voluntarily.
FREDERICK WOODARD . I am a clerk in the Secretary's office, General Post-office—on the morning of 31st July the prisoner was brought there, and I said "My name is Woodard, and I am a clerk in the General Post-office; for some time past there have been a number of money orders issued for small amounts, and subsequently altered to larger by means of an acid, they have been negociated through tradespeople, and I have been instructed by the Secretary of the Post-office to see you with reference to the order you presented at the shop of Mr. Padkin last night in payment for some shirts"—he replied "I did not present it in payment, they would not take it, I asked him if he would cash it and he said he would see if it was good, that is all"—I said "Where did you get it from?"—he said "You ask me a question I should not like to answer you at present"—I then produced to him fourteen money orders and said "The fourteen orders produced have all been altered in a similar way and cashed through tradespeople, the writing on them is the same as that on the order which was stopped when you presented it"—he replied "Yes, let me see them"—he examined them but made no reply—I have nine of the fourteen orders here—at that time I had seen this order and examined it, the writing is similar.
Cross-examined. I do not know the practical operation of acids upon paper in relation to handwriting.
WALTER HURST . I am a police-constable attached to the General Post-office—on the morning of 31st July I searched the prisoner and found on him 11 pawn-tickets and 3d. in bronze—I afterwards went to his address, 19, Fagg Street, Bethnal Green, and there found some 20 more pawn-tickets and a blank cheque-book of the Bank of Great Britain—I have looked through it, and find that several of the cheques have been worked upon by acids for the purpose of removing writing.
Cross-examined. I found no acids or chemicals at his house—the cheques are only specimens.
The prisoner received a good character.
GUILTY .— Eighteen Month Hard Labour. There were three similar indictments against the prisoner.
MESSRS. CHARLES MATHEWS and BAGGALLAY Prosecuted.
CHARLES JUSTIN STRODE . I am a second-class sorter in the Registered Letter branch of the General Post-office—on August 4th I was on duty from 4 a.m. till 9.30—it is my duty to receive registered letters and hand them out to the delivering postman to deliver—he produces slips called
tabs—this Is the form; it would be filled up with the address of the letter in question—the small part would only have on it the stamp and the man's number and name—the postman would tear off the small part and give it in exchange for the registered letter—the prisoner presented it to me filled up as it is now, "179," and signed "H. Anthen"—I identify him as the man who presented it—this is the letter (produced)—I gave it to him intact, and with none of this edging on it. (Addressed to Quarter' master Moore, Ordnance Stores, Tower.)
WALTER JOHN MOIR . I am a second-class postman at the E.C. office—on 4th August I was on duty between 8.30 a.m. and 12.30, and was engaged about 10.25 in facing up the letters received from the E.C. collection, among which I found a registered one addressed to Quartermaster Moore, fastened with gummed adhesive paper—I took it to my superior.
ROBERT MOORE . I am quartermaster of the Ordnance Stores Department at the Tower—Mr. Graham specially delivered this letter to me on 4th August—it had gummed edging on it—it contained an open cheque for 14l., payable to my order, and a covering letter.
ROBERT WALTER NEEN . I am a first-class postman at the E.C. Office, No. 179—on 4th August I was on duty from 6 to 9—this tab was not filled up by me, or by my authority; I know nothing about it—I do not deliver letters in that district—I never lent the prisoner my uniform coat.
HANRY BELHAM . I am first-class postman No. 114, E.G. Office—on the morning of 4th August it was my duty to deliver letters for the Tower district—this letter should have been delivered to me, and this tab receipt sorted to me—if it had been sorted to me I should have filled it up No. 114, signed my name to it, and taken it to Mr. Moore—this tab was not written by me or by my authority.
JOHN CLEGG . I am an inspector of the E.C. district post-office—the prisoner was on duty on 4th August from 5 a.m. to 9 o'clock—he had access to the postmen's receipts for the Tower, and had the opportunity of taking this one—he would have time to post a letter in the E.C. district before the 9.45 collection—his number was 217; that is on his uniform coat—when I saw his coat the "2" was taken out on one side, and only "17" left, but on the other side the 217 was complete.
EDWARD ALEXANDER KIRBY . I am a clerk in the Confidential Enquiry Office, General Post-office—on 5th August I showed the prisoner this receipt on this envelope, and said" I am instructed to see you respecting the tab which refers to a letter addressed to Quartermaster Moore, Ordnance Office, Tower; the letter was obtained from the officer in a branch yesterday morning by means of a forged signature; you have heard the officer say he identifies you as the person who received it" (the tab is signed "H. Anthen," and bears the number 119—the writing on the tab strongly resembles that on another tab, which I produced to him) "presented by you last night, and signed E. Young; do you wish to say anything concerning it?"—he said "That certainly looks the same, but it is not my writing"—I requested him to write the names of "E. Young" and "H. Anthen," which he did on this paper (produced).
Prisoners Defence. I am not guilty of the forgery, and I know nothing about the registered letter.
GUILTY. Recommended to mercy by the Jury. — Eighteen Months' Hard Labour.
MR. WALKER Prosecuted.
The prisoner having stated in the hearing of the Jury that he was
GUILTY , they found that verdict.— To enter into his own recognisance in 25l. to keep the peace for 12 months.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. MOYSES
The prisoner having stated in the hearing of the Jury that he was
GUILTY they found that verdict.— Five Years' Penal Servitude.
MR. GILL Prosecuted; MR. FULTON defended the prisoner.
NOT GUILTY .
THIRD COURT.—Wednesday, September 15th, 1886.
Before Mr. Common Serjeant.
MESSRS. WILKINSON and RATCLIFE COOK Prosecuted.
CLARA BATES . I assist Henry Whitmore, a corn dealer, at 361, Bethnal Green Road—on 31et July, about 7 p.m., the prisoner came in for a pint of oatmeal, price twopence, and tendered me a bad half-crown, which I did not discover to be bad at the time—I gave him change, and put the half-crown in the desk at the back—immediately after he had gone Miss Durham called my attention to the coin, and I gave it to my master—this is the coin (produced).
Cross-examined. Two other young ladies and a clerk were in the shop at the time—I took the change out of the till—I put this half-crown in the desk where we always put large money separately—it had just been cleared before you came—there was no more silver at the back, for we had just changed a cheque—I said at the police-court we had cleared the desk—we go to the desk for a great many things—not two minutes had elapsed before she found it—I said I had taken it of you—I wont to the door, but could not see you—eleven days elapsed before I saw you again—more than 100 customers would enter our shop in that time—you were not in the shop a minute; you had a round felt hat on and a serge suit—at the police-station you had a hat with a peak to it and a serge suit—if I had seen you in the street I could have identified you out of 100, because I noticed you so particularly when you were in the shop—I said directly after you had gone I should know you out of 100 people—you were only in the shop about two minutes.
Re-examined. It was not a minute after the prisoner had gone when my attention was called to the half-crown; it was given to Whitmore,
and he kept it in his pocket till the detectives came, and it was then handed to him.
FREDERICK ALDRIDGE . I am a barman at the Running Horse public-house, Davies Street, Oxford Street—on 5th August, between 5 and 6 o'clock, a man came in for glass of claret, price threepence, and gave me a bud half-crown, which I noticed directly, and tried on a slate; it would not mark—I handed it to the prisoner, and said it was bad—Bolton, who was in the bar, asked him to let him look at it, and then Bolton bent it in the engine—the prisoner said he would leave it to him and walked out—no other person was in the compartment the prisoner was in—I believe the prisoner is the man, but I cannot swear to him.
THOMAS BOWLTER . I live at 8, Hart Street, Grosvenor Square, and am a potman—between 5 and 6 o'clock on this evening I was in the Running Horse, and saw the last witness serve the prisoner, who tendered a half-crown in payment—Aldridge tried it on a slate, and asked the prisoner where he got it from—the prisoner said "No; why? Is it a bad one?" Aldridge gave it back to the prisoner, who pulled out a handful of silver and threw down a good half-crown—I said "Would you mind me just having a look at it?"—the prisoner tried the bad half-crown in his teeth, and threw it down, and said "Oh, I will leave it to you"—I said "This is the way to test it," and I turned round to bend it in the engine and the prisoner went away up the street—I identify this as the coin; I gave it back to Aldridge.
Cross-examined. I believe Mr. Perry broke the coin—I bent it a little—there was a partition between you and me, but I could see you distinctly from where I stood—I was looking you straight in the face, but Aldridge could not see you, because there was a partition with frosted glass between you—you had on a sort of tweed light dust coat—I gave no description of you—I did not say to the inspector that I would have you whether you were the man or not—directly I touched you at the station you said "Where do you come from?" and I recognised your voice directly—your face is the same—I was out of work as a potman at that time, but was working for Mr. Rosamond, a carman, and I should be at work now but for this.
JOHN ROBINSON (Detective P). In consequence of information received I went on 10th August to the Farringdon Street Railway-station, where I saw the prisoner in the company of another man—I said to them, "You answer to the description of two men wanted for uttering counterfeit coin"—he said, "I would not think of doing such a thing"—I took him into custody—he had a blue pilot jacket and blue cloth cap with a leather peak—I searched and found on him a good half-crown and some half-pence—I received this half-crown from Miss Bates, and this one from Mr. Aldridge.
Cross-examined. I searched you first at Farringdon Station in the porters' room; I did not search you outside the station, I might have felt outside your coat pockets—you were in the company of Brown and Poulton—you said you wore going to America—Mr. Poulton had three tickets to Aldgate; I do not know where he was going to take you.
By the COURT. He had a coat on when taken to prison, and it must have been taken off in the cell.
The prisoner in his statement before the Magistrate said that Aldridge and the other prosecutor had failed to identify him at the station, and that the potman had said, "That is the man, I know; whether it is or not I will have him.
The prisoner in his defence denied the charge, and stated that he had been discharged from penal servitude on 21 st July, and had gone to Mr. Wheatley, of the Prisoners, Aid Society, who had promised to help him to go abroad, and that he was going from Farringdon Street Station with Mr. Wheatley's clerk to see about a vessel when arrested.
GUILTY **.— Two Years' Hard Labour.
MESSRS. WILKINSON and COOK Prosecuted.
ELEANOR RAY . I live at 15, Gledhow Terrace, South Kensington, and am employed by Mr. Stent in the post-office there—on 28th July the prisoner came in about a quarter to 2 p.m. for 10 shilling stamps and three penny ones, and gave me four half-crowns and three coppers—I gave him the stamps; I looked at the half-crowns, and found they were all bad—I called to the prisoner to wait a minute, he was then going out of the shop—he took no notice, and no sooner had he left the door than he tore down Cresswell Gardens opposite—I looked out and sent a little boy after him, but he was not caught—I gave the half-crowns to Mr. Stent; he gave them back to me, and I put them in a box in a drawer by themselves, and afterwards gave them to Maler; there are they—I afterwards identified the prisoner hi the police-station.
Cross-examined by the Prisoner. I had never seen the man before—you had on a shorter coat when in the shop than when at the station—I said at the police-court, "I have no doubt the, prisoner is the man who came in"—I did not say I had never seen you before I saw you at the police-station—a detective came and asked me to come and see if I knew you; he gave me no description—I saw some people in the room at the station, but took no notice of them—the detective told me nothing about you on the way to the station—I sat there 10 minutes or a quarter of an hour before I came to pick you out—I did not stand up three times to look at you.
GEORGE STENT . I keep a stationer's shop at 15, Gledhow Terrace, South Kensington, and Miss Ray is in my employment, engaged in the shop and in the post-office work—on 28th July she gave me four counterfeit half-crowns—I weighed them in my hand and then in the scale, and found them light—I handed them back to her, and gave her certain instructions.
EDWIN NYE . I am a stationer at 120, Theobald's Road—on 2nd August I went into my shop, where the prisoner was asking my boy for a receipt stamp—I gave it to him, and he threw a bad half-crown on the opposite side to where I served him—I went round and gave him 2s. 5d. change; I then took the half-crown up, and saw it was bad—the prisoner had then gone out—I bent it, and then ran out and saw the prisoner going into a neighbouring public-house; I met him coming out; he had only time to go in and out—I gave him the half-crown and told him it was a bad one—he asked me to come and have a drink, and said, "I have been speaking to the landlord, I have just got chance for a sovereign"—I said, "Oh, no, you give me my money back, please"—
he asked mo a second time—I said, "I have left my shop, I cannot wait here, I dare say you know all about it," something to that effect—he gave me two shillings and 6 1/2 d.; then he said he had given me 1d. too much—I said, "You have got the stamp"—he had it in his hand—he said, "Oh, so I have"—I gave him back the half-crown—I afterwards identified the prisoner at the police-station—I bent the half-crown between my thumb and finger on the counter, I could tell directly it was bad; it looked quite fresh, as if it had not been in circulation.
Cross-examined. The public-house is close to my shop—you pulled out a good half-sovereign outside the public-house, and had other money in your hand—you said nothing about my coming in and speaking to the landlord—you came out just as I got to the door—you did not seem in a hurry—your hand trembled—I did not communicate with the police; they came to me on 12th August and asked if a person had behaved to me as you had done, and whether I should know him—I said I thought I should; I had had the opportunity of seeing you twice—I did not see you at the station before I picked you out—no such remark was made to me as "That is him"—I knew you directly—I asked the landlord if he had taken any bad money; he said he had not—the detectives called on mo on Sunday evening to remind me to attend here.
ELIZA MATILDA YORK . I am acting as barmaid at the Swan public-house—about 6, or 20 minutes past, on the evening of 4th August, the prisoner came in for twopennyworth of Scotch whisky, and paid with a counterfeit half-crown—when I took it to the till I discovered it was bad, and said "I cannot take this, it is counterfeit"—he said "Do you mean to say it is bad?"—I said "Yes, bad enough"—he then gave me a good half-sovereign from his left-hand trousers pocket, where he had taken the half-crown from—I gave him 9s. 10d. change—I said "If you attempt to tender this coin anywhere else most likely you will find yourself locked up"—I said "Before you say any more take up your change"—he then took out a half-crown and said "I know where I took it from, the Oxford and Cambridge Stores in Oxford Street"—I said "This looks very ominous"—he said "What did you take?"—I said "2d., what you asked for"—I said "You rang the changes, the other one was a counterfeit, this was a good one you showed me"—he said nothing; he did not finish his whisky, but went off as soon as possible—on 13th August I identified him from 9 or 10 others, I should think—I was at the police-court, but was not called.
Cross-examined. I cannot say how many customers we might have had that day—I am quite sure you are the man—I took the half-crown off the counter very quickly and rubbed it against another half-crown, and it was very soft—I did not bend it—you said you would come back and let mo know—I did not send for a policeman because I was the only one in the bar—the police came to me—I described you to them—you then had a tie with spots on, and your collar turned down—I did not take my eyes off you—I was not called to give evidence before the Magistrate—I swear you are the man.
CHARLES MATHER (Detective G). About 6 o'clock on the evening of 10th August I was in the Farringdon Street Railway Station and saw the prisoner there with another man—I said "You answer the description of a man wanted for counterfeit coin"—he said "All right"—I took him into a room and searched him, and found on him 5s. 6d., good money—I
took him to King's Cross Police-station, where Eleanor Ray identified him—I received these four half-crowns from her, and I have produced them here to-day—she took them from a small box in a drawer in the shop.
Cross-examined. I only touched your pockets before I searched you in the porter's room—I found no counterfeit coin nor anything wrong at your lodgings—I said if you were not the man it would be all right—I saw a third man with you get three tickets for Aldgate—you told me you There going to a shipping office—I charged you with nothing when I took you to the police-station—you were not identified—I took you to Kensington—you were identified at mid-day; I was making inquiries in the meantime.
The prisoner in his defence stated that he was released from prison on 28th July, at a quarter past 11 o'clock, that he was taken by an officer to Scotland Yard, and from there, after some delay, to Mr. Wheatlety's Christian Mission, in High Holborn, where he stopped for over four hours, and that therefore he could not be the man who passed the four half-crowns at Kensington. He argued that he should not have gone to a public-house so close to the second shop if he had passed bad money there, and that Mrs. York had not properly tested the half-crown passed to her, he further said he was going to America to lead an honest life when arrested.
Witness for the Defend.
MR. WHEATLEY. Men are never released from prison later than 11 o'clock—I see men discharged from prison in the morning before any one else in the day—you could not have been at Brook Street up to 3 or 2 o'clock, and you would have no right to be in the kitchen then—you would be in our way there after 12 o'clock, and you had no right to be there after that time—you did not have to be clothed, I lent you a coat.
GUILTY .** MR. WHEATLEY stated that he considered he was a tool in the hands of Hill.— Fifteen Months' Hard Labour.
MESSRS. WILKINSON and COOK Prosecuted.
MARY MARIA FROD . I keep a coffee-house at 14, Seymour Place, Bryanston Square—on 23rd August the prisoner came in between 7 and 8 p.m. for a cup of tea and a slice of bread-and-butter, price 1 1/2 d.—he gave me a counterfeit half-crown in payment; I gave him 2s. 4 1/2 d. change and he left—I then took the half-crown into the kitchen, where I discovered it was bad—I laid it on the kitchen shelf by itself, and it remained there till the 27th, when I gave it to a constable—on the 27th the prisoner came in again for a cup of coffee and a slice of bread-and-butter, and gave me a counterfeit shilling—I saw it was bad—I showed it to my husband and then sent for a constable and gave the prisoner into custody—I said "I will give you your change in a few minutes"—he read the papers and said nothing—this is the half-crown and this the shilling.
WILLIAM JOHNSON (Policeman D 393). I was called to this coffee-shop at mid-day on 27th August; the last witness gave into my custody the prisoner, who was sitting at the table reading a paper, for uttering counterfeit coin on the 23rd and 27th—the prisoner said" I did not know the shilling was bad, and I did not utter the half-crown," or "the coin," I
could not say the exact words; "if you won't charge me I will pay you 3s. 6d."—I searched him at the police-station and found a sovereign, three shillings, a florin, a half crown, and 4 1/2 d. bronze—I received these counterfeit coins from Mrs. Ford.
Cross-examined. I do not know you, and never saw you in trouble before.
The prisoner in his statement before the Magistrate and in his defence denied all knowledge of the half-crown, and stated that he did not know the shilling was bad.
NOT GUILTY .
MESSRS. WILKINSON and COOK Prosecuted.
CHARLES WELLS . I am barman at the Leicester public-house, Leicester Square, of which Mr. Best is proprietor—on Saturday, 7th August, the prisoner came in about 10 o'clock with three other men, with whom he drank—he then called for a 2d. cigar, and gave me this bad half-crown—I took it to Mr. Smith, the manager, who came round to the bar with me, but the prisoner had gone, taking the cigar with him—the other men were there—I had not given him change for the half-crown—shortly after 11 the same night I saw him in company with the same men—I had seen him on the previous night, the 6th, when he called for half of stout and mild, and gave me a bad shilling—I gave that to Mr. Smith, who broke it before the prisoner in the tester; the prisoner took the pieces—I asked him if he knew it was bad—he said he did not, and left—he did not pay for the ale; he had the change.
Cross-examined. I did not see the three men come in with you at 10 o'clock on the 7th, but I saw them at the bar with you—you all came in together at 11, when some ale was called for—you stopped in the house.
Re-examined. At 11 Mr. Smith said, in the hearing of the prisoner, "Here is the man that gave me the shilling on the Tuesday night"—the men with the prisoner said "Go," and he tried to go, but Mr. Smith prevented him.
GEORGE SMITH . I am manager at the Leicester public-house—on Friday evening, 6th August, the prisoner came in for some ale, and tendered a bad shilling, which I broke in two in front of him—I asked him if he had any more money—he said "No"—he said he should not have come in if he had thought the money was bad—he was by himself—on the following Saturday Wells brought me a bad half-crown about 10 o'clock, and I went to the bar, but the prisoner was not there, and I could see nothing of him—an hour later, at 11 o'clock, I saw the prisoner and two or three other men in the bar again; they were the same men who had been there at 10 o'clock—I said to Wells in the prisoner' presence" Here is the man that was here on Friday night, and that tendered you the bad half-crown"—the prisoner's companions said "Go," and he went outside—I jumped over the counter, and caught him in Sidney Alley—I sent for a constable, and gave him into custody on the charge of passing the half-crown—this is the half-crown—I gave it to the constable.
Cross-examined. I did not see you come in the bar at 10 o'clock—no
other barman but Wells saw you pass the bad half-crown—I called a constable's attention to you on the Friday night, and when I saw you on Saturday I detected you as the party who had passed the bad shilling and bad half-crown.
DOUGLAS HOWELL (Policeman C 291). On Saturday night, 7th August, I was called to the Leicester public-house at 11 o'clock—the prisoner and Mr. Smith were standing in the doorway—Mr. Smith brought him out, and said he wished to give him into custody, and that there were two other men inside concerned in passing the bad half-crown—the prisoner said "He has made a mistake"—I sent for another constable, who took him into custody—I searched him, and found 1s. 5 1/2 d., good money—I did not take it from him at the time—Palk searched aim afterwards—at the station he gave his name as Edward Mathews, and his address as Morley's lodging house, Blackfriars Road.
RICHARD PALK (Policeman C 124). About 20 minutes past 11 on this night I was called to the public-house, and Mr. Smith gave the prisoner into my custody for passing the bad half-crown and shilling—he said "I am not the man"—I searched and found on him 1s. 5 1/2 d.—I took him to the police-station—I received this half-crown from Mr. Smith.
GUILTY .†— Ten Months' Hard Labour.
ALLRIGHT PLEADED GUILTY.**
MESSRS. WILKINSON and COOK Prosecuted; MR. MOYSES defended Parrott.
ARTHUR SEWELL (Detective Sergeant G). About 7 p.m. on August 14th I saw the two prisoners in Carthusian Street—they had a conversation, and then went to the Blue Posts public-house, Cowcross Street—just as they were going to enter I seized Allright, and said "I am a police officer; I arrest you on suspicion of having counterfeit coin"—he said "G—blind me, you won't," making at the same time a violent struggle—he turned round and struck me a severe blow in the stomach with his knee—Cooper seized him also, and Parrott took hold of his coat and tried to pull him away—Fordham seized her and pulled her off, and we took them both to the station—I searched Allright, and found in his inside jacket pocket three packets, containing 10 counterfeit half-crowns, six half-crowns, and 10 florins, each separately wrapped in tissue-paper and newspaper—I found no good money on him—Allright said "Now you have got the b—lot"—the female prisoner was sitting down, and could hear what was said—on the charge being taken the prisoner was asked what he was, and he said "A painter and smasher."
Cross-examined. At the police-court Allright said "This woman is entirely innocent of being with me; I met her as I was going to the meat market, and I asked her to go and have something to drink, knowing she was a costermonger; I in so doing thought I was eluding the officers who were after me; when I was taken outside the public-house the female was inside"—three other officers assisted me—I can't say what Parrott said as she tried to pull Allright away; she seemed alarmed at our arresting the man.
BENJAMIN FORDHAM (Detective Sergeant G). On 14th August I was in Cowcross Street about 7 p.m., and saw Sewell arrest Allright, and then I saw Parrott, who was two or three yards off on the pavement, rush up to Allright and try to pull him away from Sewell—I arrested and took her to the station—I said she would be charged with the man for passing counterfeit coin—she said "I don't know that man; I have never seen him before"—she was searched at the station by the female searcher—nothing was found on her—I had asked her for her purse; she gave it me, and I found in it 5s. 10d., good money, and a pawnticket for a ring—I have received these coins (Produced) from Elizabeth Hawkins and Williams—this half-crown of Hawkins is of the same date as two or three of these half-crowns found on Allright.
Cross-examined. I did not see Allright come out of the public-house—Parrott was on the pavement—I did not see her come out of the house—she was a yard or two from the door when I saw her—she seemed alarmed when Allright was arrested—all the money found on her was good—I did not hear anybody at the police-court say she was known as a costermonger and a respectable married women.
ELIZABETH HAWKINS . I am barmaid at the Sir John Falstaff, Old Street, St. Luke's—on 3rd August Parrott came in for a quartern of gin in a bottle in the evening, and gave me this half-crown—I gave her change and gave the half-crown to my mistress, who called my attention to it—it was bad—she took it into the bar parlour—I marked it with my teeth; it was kept on the mantelpiece and given to Ford ham—the prisoner had gone; we could not find her—on August 14th I was taken to the police-station, where I identified the prisoner.
Cross-examined. Two bad half-crowns were taken that evening—about 5 or 10 minutes after this was found my mistress cleared the glass, and said there was another bad one there—we don't know who took that second one—I described the person who passed the half-crown to me—I only know the prisoner by seeing her that once—I took particular notice of her—she made out she was rather intoxicated by the way she stood, and she looked at her change and said "Is this right?" and then went out—I might have served her if she had been intoxicated—she did not go out in a hurry—she had a Paisley shawl, and no bonnet on—there were not many people in that day; they had all gone into the music hall, I think—Fordham came and asked me if I should know the woman, and I saw her in the charge-room and identified her from among a dozen people—this is the same woman—no communication was made to me with reference to the kind of woman they had in custody.
JAMES WILLIAMS . I live at 38, Old Street, St. Luke's, and have a stall and shop where I sell ginger beer—on 8th August a woman, whom I cannot recognise, came to my stall to buy some ginger beer and gave me a shilling, which I handed to Lane, who was assisting me—he picked it up and bit it.
JOHN LANE . I work for the last witness and live at 38, Old Street—on 8th August I was with Williams at his stall in Petticoat Lane, Whitechapel—Parrott came up for a glass of ginger beer, price 1/2 d., and gave me a bad shilling—I went after her, but could not catch her because of the crowd—Williams had given her the change—I gave the shilling to him after trying it in my teeth—this is the shilling; Williams gave it to the constable.
Cross-examined. The woman gave the shilling to my master, who put it down for me to try it while she was there—I did not bite it while she was there—I had never seen her before—I next saw her at the police-court eight or nine days afterwards; she was dressed as she is now—I had seen a good many women between those dates—I knew her face again; I picked her out from about half a dozen women at the police-court—there was a man named Conroy with her in Petticoat Lane—I knew him by his passing bad money, and I doubted the shilling when she came—I lost the woman in the crowd—none of the other women at the court wore shawls like the prisoner's, and they were all taller—the sergeant and policeman did not tell me that they meant me to identify a little woman—I told them she was a very short woman when they came to me about the shilling—I picked her out at once without difficulty.
A. SEWELL (Re-examined). Conroy was with the two prisoners in Cowcross Street.
WILLIAM JOHN WEBSTER . All these half-crowns and florins in the packets are counterfeit, and this half-crown and shilling are counterfeit—the half-crown passed to Miss Hawkins is of the same mould as two of those in the packet of six found on Allright—counterfeit coins when finished are generally rubbed over with lampblack and wrapped in tissue paper.
Parrott in her statement before the Magistrate said that Mia Hawkins had charged her with uttering two half-crowns to her at the station.
GUILTY.— Judgment respited.
MESSRS. WILKINSON and COOK Prosecuted.
ROBERT NEAL . I am employed at the Aberdeen Tavern, Roman Road, Old Ford—on 19th August, about a quarter to 7 p.m., the prisoners came in and Clark called for half an ounce of tobacco, and paid for it with a bad shilling—I broke it between the drawer and counter in two pieces, and said "You have given me a bad shilling"—they made no answer, but left the house about three minutes after without the tobacco—I had not given them change—I gave the shilling to the constable—these are the pieces.
ALFRED PATTLE . I am employed at the Bay Tree Tavern, Roman Road—on 19th August the two prisoners came in about 7 o'clock, and Jones asked for two half-pints of ale, and tendered this bad shilling, which I broke in two under the handle of the engine—I said "How many more of those have you with you?"—he said "I have just taken that from the baker's shop"—Clark said nothing, but only stood there—Constable Conybeare, who had followed them, then came in, and I gave the prisoners into his custody with the shilling—Clarke only said that they were two working men.
WILLIAM CONYBEARE (Policeman K 124). I was called on 19th August to the Aberdeen Tavern, a few minutes to 7—Neal made a communication to me—I afterwards went to the Bay Tree, about 300 or 400 yards off, where I saw the two prisoners; I took them into custody—at the station, after I had told them the charge, Jones said that he had had the money given to him at the market—Neale gave me this bad shilling, and Pattle gave me this one.
GEORGE SMITH (Policeman K 574). On 19th August I was at the Bay Tree with William Conybeare, and helped to take the prisoners to the station—I had charge of Jones—on the road I heard Jones say to Clark "What have you done with the shilling?"—Clark said "I dropped it in the b—house"—no bad money was found on them when searched.
The prisoners stated that they had worked round the neighbourhood for many Years, and that their harrow load of vegetables was at the door of the public-house.
GUILTY .— Six Months', Hard Labour each.
MESSRS. WILKINSON and COOK Prosecuted.
CHARLES SPREARS . I live at Prospect Road, Holloway, with my father, who is a solicitor's clerk—I am office boy to Mr. Campbell, a diamond merchant, of 24, Hatton Garden—on the evening of 27th August I was helping Mrs. Patrick, who keeps a tobacconist's shop at 23, Arlington Street, Clerkenwell—about 7 o'clock the prisoners came in together, and Alexander asked for a pennyworth of shag, which he paid for with a penny—he then asked if the missus was in—I said she had gone round the corner—he asked me if the book was in for Deacon's Music Hall—that is a book to pass people in and out; it is given to Mrs. Patrick for her use—I said yes, but he must leave 1s. or more on it—he said "I have only got a sovereign, and that I have got to pay away"—I did not ask him what they were, but he said they were both out of work—he showed me the sovereign, and asked Holms if he should leave it on the book—Holms said "Just as you like,—Alexander said "Have you got change for the sovereign?"—I said "No," and if I had I would not have given it to him—he then asked mo to put the sovereign away on a shelf so that nobody could get it—I then gave them the book, and they left the shop together—after that I was spoken to by Mrs. Patrick's servant, and I then looked at the sovereign, and let her do so—she spat on it, and rubbed it on her apron—I took it to a goldsmith's shop over the way—shortly afterwards I saw the two prisoners passing the music hall, and I pointed them out to the man at Deacon's, and they were stopped just outside the hall—I gave the sovereign to Miss Patrick—this is it.
Cross-examined by Alexander. You did not call for anything with the sovereign—I was serving there in the evening to fill up my time.
JASSIE HENRIETTA PATRICK . I am a widow, and keep a tobacconist's shop at 23, Arlington Street—I received this coin in the evening from the last witness, and in consequence of what he said I gave directions as to stopping the two prisoners outside the music hall—they were stopped and given into Bryant's custody on a charge of leaving this bad half-sovereign
—I gave it to Bryant—we can pass in any friends with this ticket.
JOHN BRYANT (Policeman G 280). I took the two prisoners into custody on 25th August—Mrs. Patrick said "I will give them into custody for uttering this counterfeit sovereign"—I took them to the station—Alexander said on the way to the station "I did not do it intentionally, I ought to be able to tell a good sovereign from a bad one, as I have been a barman"—Holms said nothing—on searching Alexander I found six pawn-tickets, a penny, and a paper relating to a cab driver's licence—on Holms I found two pawn-tickets, no money—I received this coin from Mrs. Patrick.
Alexander in his defence stated that he had received the coin from a friend to pay a debt for him, and that he did not know it was bad.
NOT GUILTY .
OLD COURT.—Thursday, September 16th, 1886.
Before Mr. Justice Wills.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
BARNET GOLDSCHMIDT . I am a tailor at 125, High Street, Whitechapel—on the night of 9th June, about 12 o'clock, I closed my premises—everything was then safe, and the doors were secured—I have a plate-glass window in front of my shop, and at night I use no shutters—it is a rounded front with two corners—about half-past 2 next morning I heard an immense crash of glass—I ran downstairs, and found my window smashed to atoms, and missed eight pairs of trousers off a block and three ends of cloth, value 15l. altogether, independent of the window.
HENRY GRAVITT . I am an omnibus conductor, living at 232, Whitechapel Road—on the morning of 10th June, about a quarter past 2, I was in High Street, Whitechapel, in company with a man named Chandler, about 250 yards from Mr. Goldschmidt's shop—I heard a crash, but could not tell what it was—I proceeded with Chandler to within about 20 yards of the shop, and then heard another crash, and then I saw the prisoner come out of the broken window of Mr. Goldschmidt's shop with a bundle of clothing"; he ran towards me for about 10 yards, and then ran down New Castle Street—I saw him sufficiently to identify him, and I am sure the prisoner is the man—he passed the other side of a lamp from me, and ran down New Castle Street, where I lost sight of him—that same night I saw a constable, but I did not give him a description of the man—I gave a description to Inspector Abberline at Leman Street Station about a month after—subsequently to that, on 17th August, I was taken to Arbour Square Police-station, and there saw about 10 men, and identified the prisoner as the man I saw—I do not remember what I said at the time.
Cross-examined by the Prisoner. I do not remember saying at Arbour
Square Police-station that I described the man to the constable. (The deposit ion being read stated, "I described the man to the constable that day.") I do not remember saying that—I think I told the constable something of the height of the man—I only saw you for a second or two when you came out of the shop—I do not remember saying when I picked you out, "I think this is the man"—I said before the Magistrate that I thought the first crash was a tire of a wheel come off of a country waggon—I gave my name and address to the constable—Chandler was 10 yards away from me, farther from the shop than I was—I was working for the Omnibus Company at this time; I was on duty till half-past 2—I have had no communications with the police about this; the police came to me, and I went to Arbour Square; if they had not I should not have gone there—I knew the man was suspected of being the man, and I was taken there to see if I could identify him or not—some one came to my lodgings and left word for me there; that is all I know—I had no conversation with the police before I went in to identify you—I cannot say the words I used when I went to the station; I told them what I was there for, and then I was put in a room, and then I went from that into another room, and then they came to me and asked me to go and look at these men and see if I could see the man who was at Goldschmidt's; that was all that passed between us—I was at Arbour Square at a quarter to 11 that morning—I did not see a cab go into the yard, and see you in chains put in the cells—I was in a room facing the front of the station with several constables when you were put in the dock, none of them spoke to me—I did not say at Arbour Square I had had a conversation with them—I was half an hour at the station—I was smoking my pipe and looking at the newspaper—I was there about two hours and a half or three hours after I had identified you; I do not know what they kept me there for; I did not go before the Magistrate on that day, not till the next day.
Re-examined. I was waiting to give evidence on the 17th, and was not called, and next day I was waiting and was called.
ALFRED CHANDLER . I am a potman, and reside at 232, Whitechapel Road—I was with the last witness on 10th June about half-past 2, and heard what I understood was a smashing of glass—I went in the direction of it—there was a market waggon going towards the City, and we followed alongside that, as we thought it was a tire come off one of the wheels—I then saw a man come out of the window of the shop with his arms folded, holding clothes—I was then standing 10 or 15 yards behind Gravitt, he outran me—the man ran down New Castle Street and disappeared, and I stopped at the door of Mr. Goldschmidt's shop till a constable came—I could not see the man's features to identify him because I was too far away—on that night, to the best of my belief, I gave a description as far as I could of the man; that was to Cassidy, I believe, the first constable who came on the spot—on the 17th I was taken to Arbour Square Police-court to see if I could identify the man I had seen come from the shop; I saw nine or ten men in plain clothes, but failed to identify him; I picked out a man who answered to the same height I had given to the constable; he was not the prisoner.
Cross-examined. I might have said when I gave the description to the policeman that I could pick the man out—six weeks elapsed and I did not think then I should be wanted—the description I gave
was a man about 5 foot 10 high, and had on a long coat and hard felt hat—Gravitt did not give a description to Cassidy—the man I picked out was different to you—I was between the up metals of the tram lines, about fifteen yards from Goldschmidt's shop, when I saw the man.
Re-examined. Amongst other things I said I believed the man who came from the shop was fair.
THOMAS OCKWELL (Policeman H 43). I have been eighteen years in the force—about half-past 2 on the morning of 10th June I was on duty in New Castle Street near Mr. Goldschmidt's shop; I was in uniform; I heard the smashing of glass in the distance which I now know was Mr. Goldschmidt's shop—I was about 300 yards away; I went in that direction and saw the prisoner approaching me from Castle Place, from the direction of the shop, with a bundle in his arm, he was walking very fast—the bundle was roughly done up, and he had got hold of the corners of the cloth—I stopped him and asked him what he had got, he said "I have got some clothing"—I asked him where he had it from—he said "I brought it from my house out of New Castle Street"—I asked him where he was going to take it to—he said "A house in the lane"—at that time I had taken hold of his arm—he said "Leave go of my arm"—I said "I shall not"—he said "God blind you, you will"—he then dropped the bundle on the footway and became very violent, and we both fell to the ground on three different occasions—he struggled to get away and I tried to hold him—on the third occasion while I was on the ground I received a blow on the back of the head just behind the ear—I had not drawn my truncheon then—I could not see who gave me the blow—I didn't see any one else there—I then saw the prisoner over me with my truncheon in his hand, and he dealt me seven or eight blows on my head—I was then lying on my right side—while he was doing this I heard him say "God blind me I will kill you"—the effect of these blows on my head was that I could not see for blood, and my hands were nearly smashed in trying to protect my head—I was very severely injured, and about ten minutes or a quarter of an hour afterwards I became insensible—the prisoner then went away taking my truncheon with him—some time afterwards I blew my whistle and assistance came—I then found that my truncheon and the bundle had been carried off—I was taken to the police-station and was attended to by Mr. Phillips' assistant and afterwards by Mr. Phillips himself—I have been off duty from that time and am pretty well deaf with the right ear—it took the doctor two hours and a half to dress the wounds, and after that, about half past 5, I think, I gave this description of the man to Inspector Bavington, which he took down at the time. (Reading: "Description of man wanted; age 35; height, 5 feet 10; complexion, sallow; moustaches, dark, and side whiskers slight; dress, grey suit; black hard felt hat; can be identified")—he read that out to me and asked me if it was right—I knew nothing about Weir at this time, I was very ill—on 2nd July I was taken down to Birmingham and there saw the prisoner and a number of men in plain clothes, and I recognised him again—there were nine men besides the prisoner—as soon as I got inside the door I saw him, and deliberately walked up to him and picked him out—the light was enough on this night for me to see his features; I had him under a gas lamp for about two minutes before the struggle commenced—he had a grey overcoat on then, and he was wearing the same at Birmingham and at Arbour Square Police-court—I am perfectly
sure the prisoner is the man—I knew him well before by sight, but I did not know his name—I had seen him about in that neighbourhood.
Cross-examined. When you asked me at Arbour Square whether I had seen you before I said "Yes," I had seen you at the top of Fashion Street, and Brick Lane; I did not say I fancied I had seen you knocking about the corners of streets, I told you I had—I belong to the same station where you show yourself, and so do two or three other constables who were in the other cases you were tried in—we have not since this conversed about you or exchanged our opinions—the door at Birmingham where I came in was about 10 yards from you, and as soon as I came in, although you were standing sideways to me, you were looking at me—there were six men I think between you and me; you were looking right out—I did not take notice of the scar on your face at Birmingham—there was not as much hair on your face then as there is now; it was not bare—I did not hesitate in the least in picking you out, I was quite satisfied about you—I don't know that you are known by detectives at Commercial Street Police-station—I knew nothing of you before except by sight.
by the COURT. I have not seen him when ho has come to report himself—I never saw him at the station in my life, that is done as privately as possible—I did not know that he reported himself until after this case—they report themselves at the station to the inspector on duty at the time, and it is a matter of chance whether any policeman is there on reserve—I have been on duty in the neighbourhood where the prisoner was born for the last 18 years, and have seen him knocking about the corners of streets—I saw him about two weeks before this—I have lost sight of him when ho has been away on long terms.
JOHN BAVINGTON (Police Inspector H). I was at the Commercial Street Station on the morning of the 10th, when the last witness was brought in injured—the police surgeon attended to him, and after his wounds had been dressed I took a statement from him—previous to that Weir had made a statement to me, but Ockwell was not present—this (produced) is the "Occurrence book," in which I took Ockwell's statement down. (Read: "Description of men wanted: first age 35, height 5 feet 10, complexion sallow, moustache dark, and side whiskers slight; dress, grey suit, black hard felt hat; can be identified. The second, short, identification doubtful.") I believe there were others in it—that description was circulated—the distance from Goldschmidt's shop to Hart Street, where Weir was, is about half a mile.
Cross-examined. The description of you is at Commercial Street Police-station; it is almost similar to this I believe. (Read: "Height without shoes 5 feet 9, complexion dark, hair brown, thin on top, eyes hazel, shape of face oval, two scars on left side, &c.;")
THOMAS OCKWELL (Re-examined). I gave the description of a second man to the inspector because I saw a second one, but I could not say he was with the prisoner at the time I was assaulted—I heard there were three men in it, but I saw only one that I could swear to.
PATRICK CASSIDY (Policeman H 62). I was on duty in the neighbourhood of Whitechapel Road this night, about half-past 2 o'clock I heard a crash; I was some distance away; I ran to the place, towards Mr. Goldschmidt's shop, and saw the two men Chandler and Gravitt—other men were there also—Chandler gave me a description, which I wrote down at the time—I then took it to Leman Street Station, and saw
it entered in the "Occurrence book" by the inspector, and then I destroyed the paper. (Read: "Age 35, height 5 feet 10, no whiskers; dress, light suit, brown felt hat; can be identified by Henry Gravitt and Alfred Chandler, who saw him break into the shop window,") Chandler did not come to the station—I went to the station at once, so that the description might be circulated—Gravitt and several other people were standing together when the description was given.
FREDERICK GEORGE ABBERLINE (Police Inspector H). On the 21st July I, with Ockwell and several other officers, went down to Birmingham Gaol, where we saw about 10 men in plain clothes—they each went and saw these men, one by one—Ockwell was the first; he walked straight up to the prisoner, touched him, and said "That is the man," or words to that effect—the prisoner made no remark—he was then brought to London to Arbour Square, and on the 17th August he was put with 9 or 10 persons—the persons waiting to identify him could not see him come from the cab to the Court, because I had previously arranged that they should be put into a room so that they could not see anybody in the street or pass into the station—Gravitt looked along the rank, the prisoner was nearly in the centre, and on coming to him he looked very straight at him and said "I think that is the man"—he then passed out into another room and Chandler came in; almost as soon as he got into the room he pointed to a man, the third or fourth down the rank, about the same height as the prisoner, and said "I think that is him," or something to that effect—we found he had made a mistake, and he was told to pass away—the men had been brought from the street—I knew a description had been entered in the Occurrence book, but I did not know who had given it—on the 10th August, when I found this case was likely to come on, I asked Gravitt to come to my office, and then said to him "We have a description here which Chandler gave," and asked him about how old the man was; he said "Oh, about 35"—I then said "About how tall was he?" he said "About 5 feet 10"—I then looked at the description Chandler had given to the constable at the time, and said "That is what we have here"—I did not go any farther than that.
Cross-examined. Gravitt went in the opposite end to where you were standing—you stood about the centre; he came right to you and looked to right and left of you, and then pointed to you and said "I think that is the man"—Chandler had to come round the edge of a table and then he passed in front of you, and after he had said "I think this is the man" he went wandering on down to the end of the table, thinking he could get out at the other end—I told him to come back, and he did so—the man he picked out was almost opposite the door; he must have seen all the other men—the man was dressed in shabby dark clothes, and was about your age; he was not a small-featured man I should say he was broad-featured—Chandler was not at the police-court on the second day because he did not pick you out—you were suspected of this offence from inquiries of myself and other officers, and we came to that conclusion within a day or two of the assault on Ockwell, and we were all looking for you, and the next thing we heard of you was at Birmingham.
Re-examined. Although Chandler was not called on the day Gravitt was examined, I told the Magistrate he had picked out another man.
saw him next day or the day after—his scalp was cut about in various directions, especially by two very severe long longitudinal wounds at the top of the head; in fact, his scalp was all pulp and jellied—they were contused wounds, such as a truncheon would produce—he also had a very severe contusion behind the right ear, which had caused internal injury to the ear, displacement of the small bones, and laceration of the tympanum—that in all probability was effected by a truncheon—he complains of deafness, and will be deaf for his life—there were bruises generally over the body—both hands were swollen and bruised, his right especially; two fingers of the right hand especially were injured, and they are permanently injured—they are thickened; he cannot bend them, and never will thoroughly—he has remained under my care ever since—he is now suffering from brain symptoms—he comes off and on to see me now, but is not under actual treatment—it is a case that has become chronic—his recovery is very doubtful, and he will probably never be able to resume duty.
By the COURT. He is losing flesh fast; he was much more healthy then than he is now—he is a temperate man, and one of the best constables we had—he has got over the acute symptoms now, but he will never recover his hearing or the full use of his fingers, and that, of course, is detrimental to a police-constable's active service.
The prisoner in his defence again disputed his identification having been proved, and alleged that the witnesses were influenced entirely by the circumstance of his being known as belonging to the criminal class.
He had already PLEADE GUILTY to his previous conviction.— Twelve Years' Penal Servitude.
The Court ordered a reward of 10l. to be paid to the Constable Ockwell for his conduct.
MR. RAVEN Prosecuted; MR. RUBY Defended.
NOT GUILTY .
NEW COURT.—Thursday, September 16th, 1886.
Before Mr. Recorder.
905. EDWARD JOHN WALL and JOHN WATSON PLEADED GUILTY to four indictments for feloniously mutilating certain stamps, with intent to defraud.— To enter into recognisances and to pay 10l. each towards the costs of the prosecution.
907. THOMAS BIRMINGHAM (28) to stealing a sack, the property of the Midland Railway Company, and to a conviction of felony in October, 1876.— Two Months' Hard Labour. [Pleaded guilty: See original trial image.] And
MR. BROXHOLME Prosecuted; MR. FULTON appeared for Felton, and MR. PURCELL for Salmon.
They received good characters.
NOT GUILTY .
GUILTY. Strongly recommended to mercy by the Jury. She received a good character.— One Week's Imprisonment.
The prisoner stated that he wished to plead guilty to this indictment, upon which the Jury found a verdict of
MR. FULTON Prosecuted.
ROBERT FRITH WYATT . I am a clerk in the London and Westminster Bank, Lothbury—on 11th March I received this order for a cheque-book—I believed it to come from William Potter, a customer, and delivered a book of 200 cheques—this cheque (produced) is the first cheque out of that book.
Cross-examined by the Prisoner. I do not recognise you—the person signed a receipt, "F. H. Smith for Mr. Potter."
ROBERT THOMPSON . I am a paying cashier at the London and Westminster Bank—on 11th March I cashed this cheque, believing it to be Mr. Potter's signature—I gave ten 5l. notes, 02968 to 02977, eight 10l. notes, 60593 to 60600, two 10l. notes, 60401 and 60402, and 150l. in gold—I do not recognise the prisoner.
Cross-examined. The cheque is endorsed "George Brooks."
WILLIAM MOSELEY POTTER . I am a tea merchant, of 7, Mincing Lane—on 10th March my father was living, and was at the head of the business—some time after March my attention was drawn to a debit of 300l. in the pass-book, and I went to the London and Westminster Bank, inspected these documents, and declared them to be forgeries—they are a fair imitation of my father's writing—he was then alive, and saw them—the prisoner was in his employ, but left in 1883—these documents, 1 to 9, are in his writing.
CHARLES JOHN WILLIAMS . I am a clerk in, the accountants' branch of the Bank of England—I produce ten 5l. notes, 02968 to 02977, eight 10l. notes, 60593 to 60000, and two 10l. notes, 60401 and 60402—16 of those notes are endorsed "Geo. Brooks," and two of them "F. Bowen, 37, Barnsbury Square," one "Geo. Dakin," and one is without endorsement—the words "Mincing Lane" are on one note.
Cross-examined. We have marks on the notes to show from what bank they come to us—notes 02968, 02970, 64294, and 64295 were paid in to the account of the Postmaster-General.
WILLIAM WRIGHT (city Detective Sergeant). On 11th August I arrested the prisoner at his lodgings, on a charge of forging the order for a cheque-book, and found these documents, which I produced at the police-court, and the clerk numbered them 1 to 9.
Cross-examined. I also found 16 pawnbrokers' duplicates, dated from December 1st, 1885, to June 4th, 1886.
in the study of handwriting—I have examined this order and cheque with the documents 1 to 9, which are shown to be the prisoner's writing, and have not the slightest doubt they are all written by the same hand—this "Mincing Lane" on the note is in the same writing undisguised—these documents bearing the names of Brook, Bowen, and Dakin are all in the same hand.
Cross-examined. None of these signatures are traced from Mr. Potter's writing, they are written off freely—your "G" in "Gentleman" is exactly like the "G" in "George Brook"—this is a Greek "e"—I am as certain that it is your writing as I am that I am standing here—some of the letters are uncommonly like Mr. Potter's, but they are stiffly done, as is always the case in forgery.
The Prisoner called—
TATE BOND . I am of no occupation—I have known you for five or six years—I was with you a great deal in March; you had not more money than usual and no notes—on 8th March you called for mo about 11 o'clock, and stayed at my house a quarter or half an hour—we then went to the Army and Navy Stores, and got there close upon 1 o'clock—we then came home—I was with you the whole day; I may have left you for half an hour—I know Caton, but not well; from what I have heard he is a convicted thief.
Cross-examined. I met Caton at the Skating Rink on 31st July by the prisoner's appointment, and took him to the prisoner, who gave him the forged order for the cheque-book—I did not know that it was forged—I did not see it; this is the first time I have seen it—I knew that I was going to meet Caton—I did not know then that he was a convicted thief; I knew something was wrong, but I was not aware of anything—the prisoner was my intimate friend, but I did not ask him what I was to moot Caton, a convicted thief, for—on 20th July the prisoner left me at my house; he said, "Meet Caton at 10 o'clock, and meet me at the Globe at half-past"—I met Caton, and took him to the prisoner, but I did not see the date altered—I heard in the evening from the prisoner that Caton had been taken in custody for presenting a cheque at the bank—he said that the witness had seen a cheque for 300l.—I said, "He is being humbugged"—he told me that this was a cheque which he had sent an order for, and I knew all about it from that time—I was subpoenaed to give evidence—I refused to make a statement in writing to Mr. Smith, the solicitor for the prosecution, as I did not want my name brought into it at all—I attend here voluntarily in one case, but I refused to make a statement in writing because I did not think the 300l. would be brought against him—I was at the Lyceum with the prisoner; I do not know the date; we were in a private box—he had plenty of money—a friend had promised to share the box, but did not—we were also in a private box at the Adelphi, price 3l. 3s., but I do not know the date—I accompanied him to Eastbourne, and we went to the Albion Hotel—he had not plenty of money, I had the money—it was at the end of March or the beginning of April—we stopped there 10 days, and spent 20l. or 30l.—before that we went to Brighton, and stopped at the Castle—I have been with the prisoner six years—I had a fair amount of money at Brighton—any little luxury I wish for I generally have, but the prisoner was not in the same position; I have provided him with means for four or five years—we
dame from Eastbourne to London, and stayed at home—the prisoner was not pretty flush of money—I had all my money in gold—it was not part of the proceeds of this cheque for 300l.—I live at 14, Tollington Place, Hornsey, with my father—I refuse to say what my father is—I spent between 50l. and 60l., which was the proceeds of a railway accident, for which I got 100l. damages.
Re-examined. I paid your expenses to Eastbourne and Brighton—you might have had 5s. or 10s. of your own—I did not see you with any notes—I paid for the boxes at the theatres—my friends make me an allowance—you did not tell me why you wanted to meet Caton, or that he was coming there; you said that you could not keep your appointment, and asked me to meet him—I go to the rink very often—the last time I saw you was about 9 o'clock in the evening.
WALTER CATON . I became acquainted with you in July last—I was with a friend who asked me to introduce you—he had not been in prison—I did not tell you I had been in prison—I knew this order was forged—two orders were to be drawn for 80l., and I said, "Do not make it more than 80l., because Mr. Potter never draws for more"—I did not say, "That is not enough, make it double"—I understood that Mr. Bond was to "take a corner"—my share was not to be 80l.—I had a dream that your friend was sentenced to penal servitude, and I would not let him go into the bank, I went myself—when I came to the rink I told you what had occurred at the bank; I told you about the 300l., and you said that you knew nothing about it—no description was given by the cashier—I told you that if I could find the man who had done it I was to have 14l.
Cross-examined. The prisoner told me in the evening that if any inquiries were made I was not to know anything about him, and I consented to that—Bond was to have a fourth part of the two cheques for 80l.—I cannot say whether Bond was present when that arrangement was made—the fourth corner was to go to a friend of mine who knew the prisoner before I did.
By the Prisoner. I swear positively that Bond was present at one interview—he was with you on 27th July outside the rink; you spoke to me, and Bond followed you across, and while you were talking to me an old man came and asked you to go down the road—before I went into the bank I did not give you a bad sovereign and say that it would be very hot for me if it was found on me—a friend of mine was brought up a few days ago for passing a bad half-sovereign, but he had not a stain on his character. Prisoner's Defence. The order I have pleaded guilty to was not written in the ordinary way. I had a number of letters of Mr. Potter's, and I' took the words which constitute the order and pasted them on a piece of glass and traced the letters, and the expert swears positively that he traces my writing. Bond was present at no interview with Caton. He did not know what it was for, and he wished I had not brought him into it, and by my solicitor's advice he refrained from going to the solicitor for the prosecution and making a statement. It is not likely I could get another man to present the cheque. The expert is mistaken, for I never wrote the cheque. In March they had any amount of my writing in Mr. Potter's office. I am very sorry for consenting to aid in forging the order in July.
GUILTY .— Five Years' Penal Servitude.
THIRD COURT.—Thursday, September 16th, 1886.
Before Mr. Common Serjeant.
MR. WILKINSON and MR. COOKE Prosecuted; MR. GEOGHEGAN Defended.
HENRY JOHN TIPETT . I keep the Three Tuns public-house in Fann Street—about 11.30 p.m. on 18th August the prisoner came in the bar for a pint and a half of beer, price 2d., and put down a half-crown—I gave her the change and put the half-crown in the till—I had cleared the till out five or ten minutes before, and I know there were only two shillings and three or four sixpences in it—about two minutes after the prisoner had gone out I discovered the half-crown was bad, and I then put it in my pocket, where there was no silver; this is it—on 23rd August I was called downstairs by Grace Smith, the prisoner was there, and a bad shilling was on the counter—I said "Why, you gave me a bad half-crown on Wednesday night"—I understood her to say she had not been in and she did not know it, or something of that sort—I broke it in the tester, and gave her into custody with the shilling.
Cross-examined. Ours is a long bar, divided into four compartments; there is one tester to each till—the tills are not patent ones, but pull out—the prisoner was in a compartment nearly opposite me as I came down-stairs; she saw me take the shilling up and test it, and did not attempt to leave the house—I can't say if she drank her beer—there are three pairs of folding doors to the house—I know it was the 18th because I made a note of the date—Miss Smith was the only person serving at that time, but on the 18th she had gone to bed, and I was the only person serving—I should take change for a half-crown from the till—half-past 11 was not at all a busy time; the prisoner came in at a slack time—I was just shutting up, and had given instructions for the gas to be turned down—no customer had come in that bar for ten minutes—I should go to the nearest till—I have seen the prisoner before, she has come in once or twice a week for about two months—I put the half-crown in my desk when I shut up that night—I carry my money in a purse in my left-hand pocket, and I put this in my right; I had no half-crown there.
Re-examined. The staircase comes into the bar—the barmaid did not leave the bar but rang the bell; the servant answered it and communicated with me—I made this memorandum of the date in my pocket-book on the same date, "18. 11.30 gas turned down"—our closing-time is 12.30—I have never spoken to the prisoner, and do not know if she is deaf—did not-know her name then.
By the JURY. I have not entered the half-crown in my pocket-book, I put that down in case she came again.
GRACE SMITH . I am barmaid at the Three Tuns—on 23rd August, at 2.30, the prisoner came in for half a pint of fourpenny-ale and gave me this shilling—I had some difficulty in understanding her—I rubbed it in my lingers, found it was greasy, and called Mr. Tippett from upstairs—I handed the coin to him, he broke it in two pieces in the tester in the prisoner's presence, and told her she had brought a bad half-crown the week or the Wednesday before—I did not understand what she said—he told her the shilling was bad; she said she did not know it—I have seen
her there occasionally before; she is not a regular customer—I know she is rather deaf.
Cross-examined. She saw me rub the coin between my fingers—I doubt if she saw me give it to Mr. Tippett, she remained in the bar the whole time; the doors were open, there was nothing to prevent her from going out—I don't know where she lives—I can t say if she comes in twice a week—her reply, which I could not understand, left no impression on my mind—she went out by herself, and the landlord went out after her, and he was outside with her about five minutes before the constable came.
Re-examined. I had not told the prisoner anything which would be likely to make her go out.
FRIEND OATES (City Policeman 213). On 23rd August I was called to the Three Tuns, where Mr. Tippett charged the prisoner with uttering a counterfeit shilling on the 23rd and a counterfeit half-crown on 18th August—she said "I did not know I had it"—I took her to the station, where the female searcher searched her, and handed me two separate shillings, three sixpences, and 7 1/2 d. bronze—I received this shilling and this half-crown from Mr. Tippett.
Cross-examined. The prisoner lives at 35, Great Arbour Street, Golden Lane, about six minutes' walk from this public-house—she did not say she did not know she had any counterfeit coin on her; I did not say at the police-court that she said that—I have made inquiries about her—I am not aware that she has been in custody before—she was outside the public-house with the landlord when I got there—they were standing close together, he was not holding her.
By the JURY. This is the nearest public-house to where she lives.
Cross-examined. This does not ring like a good coin.
The Prisoner's Statement before the Magistrate. "I recollect tendering the shilling, but I did not know it was bad; I never tendered a half-crown."
NOT GUILTY .
914. THEODORE READY (61) PLEADED GUILTY to feloniously having counterfeit coin in his possession, with intent to utter it, after a conviction of uttering in October, 1882, at this Court, in the name of Thomas Martin.
READY PLEADED GUILTY .
MR. WILKINSON and MR. COOK Prosecuted; MR. RAVEN defended Williams.
SUSANNAH FLACK . I am barmaid at the Albion Hotel, New Bridge Street—on Tuesday morning, 3rd August, about 12.30, Williams called for threepenny worth of brandy, and gave me a bad half-crown—I sounded it on the till, and bit it nearly in two—I told him it was bad—he said "I am very sorry, I have taken it somewhere"—I gave it him back and he gave me a good half-crown.
Cross-examined. I had not taken any bad coins before at this house—we have no tester, I bent it on the counter nearly in half.
WILLIAM PALMER (City Policeman 464). On 3rd August I was in the bar of the Albion about a quarter-past 12 o'clock (it was bank holiday night) in plain clothes—the prisoner came in and called for threepennyworth of brandy cold, and I saw him tender the coin to Miss Flack—she called his attention to it and handed him something back, and he then handed her another coin from one of his pockets in payment—he shortly afterwards left—I followed him out—at Ludgate Circus he was joined by Ready—I followed them on down Farringdon Street, where I was joined by two constables, Outram and Sharpley—we followed the prisoners up to Stonecutter Street, a few yards up which we saw them standing under a lamp-post for two or three minutes, apparently examining something—they then came back to Farringdon Street and passed under Holborn Viaduct—we caught them both by the neck and held them, and I said "We are police officers; you, Williams, will be charged with uttering a counterfeit half-crown at the Albion Hotel, in New Bridge Street"—he said "I don't know what you mean"—at the same time Outram and Sharpley were holding the prisoners, Outram called my attention to a packet that Ready had dropped—he handed it to me—it contained five counterfeit half-crowns—I said to Ready "You will be further charged with having these counterfeit coins in your possession, with intent to utter the same"—he said "I don't know what you mean, I did not drop nothing"—we took the prisoners to the station—I found in Williams's waistcoat-pocket a counterfeit half-crown wrapped in paper, and a half-crown, five florins, five shillings, and a sixpence, and 1s. 10d. bronze, good money—he gave a correct address when charged.
Cross-examined. I had never seen the men together before—I know all about Ready now, I had never seen him before—he is an old hand at this and other games; he was sentenced last Tuesday week toseven years' penal servitude—I saw Ready join Williams in Ludgate Circus—we know nothing against Williams.
WALTER OUTRAM (City Detective Sergeant 637). About half an hour after midnight on 3rd August I was with Sharpley when Palmer spoke to us and called our attention to the prisoners in Farringdon Street—I saw them walking together; they turned up Stonecutter Street and stood under a lamp-post, apparently examining something for a short time—they came into Farringdon Street again, and after walking a short distance we went up and Palmer caught hold of them and said to Williams "We are police officers, we shall take you into custody for uttering a counterfeit half-crown at the Albion public-house"—Williams said "I don't know what you mean"—at the same time I caught hold of Ready by his left hand and said "Have you any more about you?" at the same time he dropped this parcel on the ground—I said "You have dropped something"—he said "I have dropped nothing"—I picked it up and handed it to Palmer—we took the prisoners to the station, where I searched Ready—I found these two counterfeit half-crowns loose in his waistcoat pocket, and we found 100 wrapped up in paper in his coat pocket—he had 8s. 8d. good money—Williams gave a correct address, 32, Lindsey Street, Jubilee Street, Mile End; he is a barman out of employment.
Cross-examined. I have made inquiries, and find that he has been very respectable—he is quite respectable as far as I know—Ready has been convicted once for uttering, and several times for other offences—I did not
know him myself before—the coin that Williams is stated to have uttered was not found.
Cross-examined. The 100 are out of several different moulds.
GUILTY. Strongly recommended to mercy by the Jury on the ground that he was probably Ready's dupe.—Judgment respited.
MR. BEARD Prosecuted.
GUILTY on the Second Count. — Six Months' Hard Labour.
917. BATEMAN GANLY (28 PLEADED GUILTY to three indictments for forging and uttering cheques for 5l. and 4l. 18s. 7d., and an order for the delivery of goods, and to obtaining goods by false pretences.— Twelve Months' Hard Labour.
OLD COURT.—Friday, September 17th, 1886.
Before Mr. Justice wills.
MR. FOOKS, for the prosecution, offered no evidence.
NOT GUILTY .
For other cases tried this day see Surrey Cases.
NEW COURT.—Friday, September 17th, 1886.
Before Mr. Recorder.
920. KATE BROWN (26) to robbery with violence on Eliza Sweety, and stealing a purse and 1s. 6d., alter a conviction at Clerkenwell in September, 1885.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MESSRS. FULTON and BEARD Prosecuted; MR. BESLEY Defended.
ALEXANDER GORDON . I am chairman of the Board of Directors of Alexander Gordon and Co., refreshment contractors, of Cheapside—the defendant has been in our service since 1882; he became manager at the Queen Anne Restaurant in Cheapside in 1884—he was provided with 70l. change, and it was his duty to receive from the cashiers of the various rooms the amounts of the takings and the account each day—a printed form was provided, upon which he had to make out the daily account from each department, showing the total of the day's takings—it was his duty to hand the cash to the cashier next morning, always retaining 70l.
for change—this (produced) is his petty-cash book—he was provided with certain sums from time to time, which were entered on the debit side, and when he made disbursements he took credit for them on the other side—the amounts are numbered, and the vouchers would be marked in a similar manner and filed—the petty cash is kept in a cash-box with a lock, and that was kept on the premises, in the prisoner's charge—when he required petty cash he wrote the amount on a small printed form, which was sent to the cashier's office as a requisition for money; the cashier would then report to me as chairman, and if I authorised it he would pay it—I should not refer to the books—I am usually on the premises every day—on 24th July I saw Mr. Steine, a baker, who supplied the Cheapside Restaurant—he made a communication to me, and I requested an interview with the defendant on 26th July, at which Mr. Turner, the bookkeeper, was present part of the time—I pointed out certain irregularities in the petty cash-book, and said "On 19th May you have an entry, 'Steine, 18.16,' that amount does not appear to have been paid; what explanation have you to give?"—he said "There must be some mistake—I then drew his attention to an entry on 22nd May, "Steine, 14.13," and showed him the voucher for it and said "There are other irregularities, but I need not go into particulars; the nature of these entries is so exceedingly irregular and out of order that you will be dismissed," and told him to attend me at the restaurant, this being in the general office—we went there—Mr. Turner was there for the purpose of taking over the cash; he went through it in my presence—the change was correct—I then asked the defendant to produce his petty cash balance—he produced the box and counted it up, and entered the amounts on a piece of paper, which I have here. (This showed a cash deficiency of 8l. 3s.) He said "There must be some mistake about it"—it is "Gold, 15/.;" he produced that, "Note, 5l.," he produced that; "I O U 12l.;" he produced a document containing amounts which he alleged had been lent to the customers—this is it—I said that it was very irregular for him to do so, and contrary to regulations, but we gave him credit for it—he should have had a balance of 54l. 7s. 3d., but he only accounted for 46l. 4s. 3 1/2 d.—I find in the book four entries, "Apollinaris Company, June 10th, 3l. 12s. 6d.; Howard, July 19th, 6l. 5s.; Meredith, 6l. 9s.; and Adams, for ice, 3l."—these are all in his writing—I told him that what further steps we took was a matter for the decision of the Board, and asked him specially if that was all the cash he had belonging to the Company—ho did not act as manager after 26th August—on the last day of the month, which was the following Wednesday, there was a meeting of the Board; we investigated these four matters of Meredith, Adams, the Apollinaris Company, and Howard, and on 6th August a warrant was applied for at the Mansion House, and he was apprehended a fortnight afterwards.
Cross-examined. I handed over to the Company all my different connections in 1882—I had four businesses, Forest Hill, Cheapside, the City Restaurant, and Milk Street, Cheapside—there was not a coffee palace at Chingford at that time—the other was the Magog in Cheapside, and there is the Queen Anne Restaurant, Cheapside, and the contracts of the Company also include the House of Commons—when it was transferred to a Company I became chairman—I guaranteed both the ordinary and preferential shares for five years—in the ordinary way the only
director who attended at the Queen Anne Restaurant was myself; the secretary would not be there all day—Mr. Turner was in charge of the chief office, he would be there all day—he was in our service from May 26th, 1882, at the Royal Forest Hotel, before it was turned into a Company—up to February, 1883, he performed his duties to my entire satisfaction, and I gave him a character to that effect—I never had any doubt as to his integrity; he was in a fiduciary position—after he left I never had any doubt as to his integrity—I will give any particulars, if required—I did not ask him to return in 1884, but he left the City Arms where he went—he was for many years with Messrs. Clifford and Ritter before he came to me—I have not been to Mr. Bitter or Mr. Clifford since I was before the Alderman to beg them not to come and give him a character here—Miss Lewis was cashier at the Queen Anne Restaurant considerably more than six months—Miss Linnett was the previous cashier—I think Miss Lewis was there when Sherwill was engaged as manager—I saw Miss Linnett in the crowd at the Mansion House when this case was being investigated; she was then in my brother-in-law's employment at pimm's, and is so still—I have not threatened that if Miss Linnett gives evidence in the prisoner's favour she will be discharged; neither directly nor indirectly have I exercised any influence either verbally or through any one else; I saw her every day—entries were not always made in the cash-book before the payments were made—requisitions for money come to the chief office from the different places—I have mentioned there were large contracts at times; there was a large agricultural show at Brentwood which we catered for; the defendant managed that, but he had very few payments, he had not to bring them into the petty cash, the payments were separately treated; there might be a few little items, a cab or something, which I do not know of—he made a requisition on 6th April; on 3rd April 30l. was supplied to him, and 30l. on 6th April; there was very good reason for that—the money is given out to him on the dates of his requisitions, and in that quarter his requisitions were, I think, for 710l., and he had 695l.—I have no note of a requisition of 19th June—his books show on 27th March that he received 516l. when he had paid out 560l., that is if you take the cast of the look up to the 27th, but on 9th March he received 25l., which was not entered till the 21st—he does not sign any receipts—the entries are in his own writing—it is not a fact that 516l. had been received on 27th March when he had paid out 560l.; he had paid 518l. in rough numbers—he had not received this 23l. 10s. 8d. from petty cash on 31st March, he received it afterwards to balance the account—it was not owing to him, because there was an entry which he had not paid, "Figgins, 29th March, 26l.," which receipt can be produced—it was put into the petty cash, and taking that into account he had to receive 23l. 10s. 8d., but not having paid it till 7th April he did not want it; it was done to balance the book—it has never happened that the chief office has been unable to meet the requisitions of the managers, and has never borrowed money from the managers, nor have they given a voucher to go into the petty cash box, but on certain occasions, I believe, cash has been drawn from some of the houses; money has been taken from the managers' possession, and a voucher given, which would be issued as cash, but that had nothing to do with petty cash; he would issue the ticket as a cheque—I should say that it has not happened that a
requisition for cash has come down and been unfulfilled; some of the managers may have to wait a clay or two for their requisition—at the end of the quarter the secretary of the Company would count the cash in hand; he would not have the vouchers of the payments out, he would not audit the vouchers, that is done in another department—a voucher is put on a file, which is cleared at regular intervals; I have ascertained now that it has gone over three months—on its being cleared it is some one's duty to compare the vouchers with the entries in the books—I do not know whether they are ticked off, but there are ticks in the book—the numbers all, go consecutively, there are no distinctive letters—vouchers are not, marked "Steine 1, Steine 2," they simply come as if the lines in the book had been numbered—I formerly went through the vouchers regularly, but have not done so for two years—that was not done for the purpose of seeing that the entries in the cash-book were correct; it was for the purpose of keeping a check on the expenditure—Mr. Turner took my place two years ago, and it was his duty to take the vouchers off the file every three months—I never had any knowledge of a practice of writing into the cash-book the names and amounts of persons to whom money was due prior to requisition being made payable—on 26th July I went there about 7 p.m.—I did not begin to speak to him at 10 minutes to 7, nor was I gone at 7 o'clock—I think it was after 8 o'clock when I left—the interview lasted more than an hour—the first part of it was in my private room, for half an hour, before we went down and counted the tills—I cannot say that the change money (produced) was 71l. 13s. instead of 70l.—I do not believe it was, but I did not count it, Mr. Turner did, and the change was accepted as correct; he counted it with the prisoner—the change money was mixed with the takings to a certain extent—the bulk of the money is taken on a bill, by the waitress, and she gives change, and at the end of the day she has to see that her cash in hand is correct; the cash should be equivalent to the takings, and the 70l. is to start with next day—I have heard nothing of a voucher to his credit for a payment to Starling, of Erith, of 3l. 5s. 6d. that day for wine—I do not know of a loan to Miss McAudle during her illness, which was to be returned—I know no one of that name—there is Miss Cutler, 2l., he has had credit for that—Mr. Doyle Gordon is my brother; I do not know that he borrowed money that day amounting to a sovereign, this is the first I have heard of it; the defendant may have lent him a sovereign—the preceding manager lent money on I O U to customers, to encourage the business—I found the I O U there, and in consequence of that a printed and a verbal notice was given that no money was to be lent, and special instructions were given to the prisoner—some of these people were his boon companions, and as long as loans were out of his own pocket it did not matter—he was instructed that he was on no account to lend money belonging to the Company—I did not mention to him the Apollinaris Company, or Adams, Howard, or Meredith, on 26th July—although I could find no vouchers I thought it just possible that they might have been paid, and I put myself in communication with the people—we are only charging him with these sums upon which we are clear and distinct—in some instances the Company allow managers a commission quarterly besides their remuneration, that was so at Milk Street; it is on a sliding scale—all our managers do not have commission,
but the defendant had; it was calculated on a sliding scale; if the profits were so much he would receive 5 per cent, if they were more 10 per cent, and if more 15 per cent—we made it up upon the year—the takings had increased from the March quarter, because in former times we had no spirit licence—I do not think we have had one more than three yards—I can't say whether the takings in 1883, 1,300l., had increased to 1,600l.—he was settled with for his commission once a year, that is on October 1st—our financial year ends on September 30th, but no commission was owing—commission is not paid if a servant is dismissed for irregular conduct, the same as we forfeit salary—there was no salary due to the prisoner when he was dismissed—when a servant is dismissed for dishonest conduct he has no right to his salary-his wife is manageress of a coffee-house at Chingford—I was served with notice of action in the Mayor's Court on the 9th or 10th of August, three days after the warrant was taken out—I received no complaint from him, and no explanation of his conduct—I told him not to come to the restaurant, but there was nothing to prevent his coming to see me—we have a contract for our meat with one of our directors, who is a member of the firm-no one has made a list of the vouchers on the file, at the time of the supposed 8l. 3s., deficiency—I did not take them off the file—Mr. Turner was instructed to so through them—when I thought there was any irregularity I sent for the vouchers and the cash-book-Mr. Turner took possession of the vouchers, they were kept on the file-the entry 14l. 13s. is by Miss Lewis, and the prisoner also adds the words "To end of April"—I did not ask Miss Lewis why the 4l. 5s. was omitted; it was not her duty, the prisoner was responsible for that, she only made the entries from his dictation—the whole of these entries are most irregular and misleading—the defendant had no right to make an entry in this book until he had made the payment—I believe these amounts were entered as if paid on December 31st when in truth they were not paid till the allowing year—I do not know that the secretary has passed them without vouchers, or that that was done to keep the accounts square—it was not necessary, because There are always a number of items for goods which have been purchased and which will have to be paid for and brought into the profits and loss accounts, but they have nothing to do with this book—two of the items were not paid till April 7th—this account is irregular and it was not discovered after march 31st—the secretary had nothing to do with the prisoner or the petty cash except to examine the balance of cash n hand-if the defendant put down 600l. on one side and 500l. on the to her the secretary would expect him to produce the 100l.—Mr. Turner would vouch the payments by the prisoner—I wish to say that this page was not cast, and it was an after thought—the total came to 100l., and then on January 1st he commenced with nil—after April 27th the vouchers would be there—I was not served with a subpoena to produce the agenda and minute books of the firm here—I was at the Mansion House; the solicitor did not tell me to bring them here—our secretary had notice yesterday to produce vouchers, but not the minute-book, but it can be got in 20 minutes—the prisoner's wife was dismissed after the warrant was taken out-the prisoner hid himself at the coffee-house at Chingford; he slept there the night the summons was issued, and it did not seem right that we should provide a place for him to hide away from the warrant of the Magistrate, and we did not think
it right to keep his wife there—we had not a shadow of a fault to find with her; she is a thoroughly hard-working woman, and she always enjoyed our confidence—I wrote her a letter expressing our regret, and giving her a month's money, and saying that if we could be of any assistance to her in obtaining another situation we should be happy to do so—the Alderman admitted the prisoner to bail, I believe, in one surety of 50l., but on the second hearing I believe it was increased to two.
Re-examined. All these entries purport to have a number attached to them; that applies to each of the sums charged here as false entries—no such voucher is to be found for any of these five entries—I have compared the takings since the prisoner has been discharged with the month previous, and in one department there is a considerable increase where we expected a considerable falling off—the takings at the bar counter have increased from 10l. to 12l. a week since the prisoner left, and this week they are much larger—the prisoner did not make the slightest suggestion to me that these four amounts had been entered, and that the money had not been paid over, if so he ought to have produced the cash, and I put it very straight to him whether that was the whole of the cash he had to hand over—no explanation was made on June 18th.
WILLIAM STEIN . I am a baker, of 54, High Street, Whitechapel—I supply the Queen Anne Restaurant with bread—on 19th May Alexander Gordon and Co. owed me 18l. 16s.—the prisoner did not pay me that amount on 19th May, but on 22nd May he paid it me personally, less 4l. 5s. and 2s. discount—this is my receipt for 14l. 13s.
Cross-examined. The supply was every day—the first invoice brings in three days in March—I think the chef in the kitchen did that—the defendant said he wanted to pay every week, and asked me to take off 2 1/2 discount, and I did so, but afterwards it went on for a month, and I called only once a month—he did not say that he was not supplied with money to pay—he only said "Call again"—the 4l. 5s. deducted was for bread from May the 1st to May the 8th—he said that he had no money, and I was to put it on to the next month—he or Miss Lewis did the figuring on the back of the bill—I only put my name.
Cross-examined. The bill was delivered on 19th July—we simply sent it in, and did not call for the money—I knew of the prisoner being dismissed.
Cross-examined. We sent an invoice with the goods, and did not apply repayment—we wait till we are told to call.
JAMES SOUTHGATE . I am an accountant in the employ of the Apollinaris Company, Limited—I supplied water to the Queen Anne Restaurant, and on 14th July they owed me 3l. 12s. 6d.—I have not received it from the prisoner or any one else.
Cross-examined. I send in accounts once a quarter—this was a quarter's account—I never sent for it.
CONSTANCE THEODOSIA LEWIS . I am cashier at the Queen Anne Restaurant—on 31st May, by the prisoner's directions, I went to a desk and got 13l. 14s. to pay Mr. Stein; I gave the money to the prisoner—I made the first portion of the entry, and the words "To end of April" are the prisoner's writing.
Cross-examined. He was away from the restaurant when he was attending the Agricultural Show—I did not turn back the leaf to see that 4l. 5s. was put down on the previous page, or I should not have entered it again—there was a receipt on the back of the last bill—when he has been away I have been entrusted with his keys, and he has enjoined me to pay certain persons who might call, but I do not know of his writing them down in the cash-book to remind me of it; I have not been told to say so, or to say that I know nothing of previous entries—I have not said that what I have sworn I would stick to—when I paid anything I put the voucher on the file; the prisoner would not enter it when he came back, I should enter it myself, here are a good many of my entries—I did make small payments without his directions out of his money in the cash-box, and entered the amounts in the petty cash book.
Re-examined. I did not enter sums which I had never paid at all, or put down numbers for vouchers which I had never paid.
Cross-examined. I have been secretary four years—they had a meeting of shareholders once a month, in January—I attend at the office, 27, Cheapside—I am not aware that on the requisition in writing of any manager they have not had money to answer the demand—it was always put before the chairman; he was there every day—it has not happened that we had not got the money—I have, about once a week, when I wanted money, lifted money from the ground floor and put in more paper—when the managers applied for cash they generally got it next day, but sometimes in half sums.
Re-examined. The chairman would examine the book to see how much the person had in hand, and if he thought fit he would only send half—it is about seven minutes' walk from the restaurant to the Bank.
SIDNEY TURNER . I am bookkeeper to Alexander Gordon and Co.—I was with Mr. Gordon on 26th July when the prisoner was requested to give an account of his petty cash and other matters—he was unable to account for 8l. 12s. 11d., and gave no explanation—until this matter was investigated I never heard anything of a practice of his of entering money not paid and putting down vouchers—after 31st March I found out these entries of 31st December, and told him they were irregular, but as they were receipts I did not bring it to Mr. Gordon's notice.
Cross-examined. The vouchers were produced, and the people had had their money; there was no fraud in that—no vouchers of Bridges or Tyrrell were produced on 30th June—he told me the balance was 45l., and if it was paid he would be entitled to 5s. 3d.—the number in the book agrees with the number on the back of the voucher—I emptied the voucher file on 24th July, but did not make a list at the time, or count them, or put my initials to these I took off—the 25th was Sunday—the
entries for the 26th are not in the book—I did not hear the prisoner ask for time to go through his accounts and make them right—I believe I found 71l. 13s. instead of 70l.
Re-examined. The accounts show that Tyrrell was paid on 6th July and Budger on 7th July—the prisoner had got 50l. on 6th July.
JOSEPH LANLEY (City Detective). On 23rd August, about 12.15 a.m. I went to the Old Jewry and found the prisoner in custody—I had had a warrant for him from August 6th, which I read to him, and he said "I have a perfect answer to this charge, and Mr. Alexander Gordon knows it."
Cross-examined. A letter was sent to the Commissioners on Saturday to say that he would surrender on Monday at 12 o'clock at the Mansion House.
The prisoner received a good character.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Friday, September 17th, 1886.
Before Mr. Common Serjeant.
For the case of Walter Cole tried this day see Surrey Cases.
OLD COURT.—Saturday, September 18th, 1886.
Before Mr. Justice Wills.
MESSRS. POLAND and GILL Prosecuted; MR. PURCELL Defended.
SARAH ANN REYNOLDS . I am the prisoner's wife—I have been married to him about nine years next February—I have five children—he is a barman—he used to live at the houses where he was employed—he would visit me on Sundays when he had a holiday—I knew he passed as a single man at his situations—he was employed at the George and Vulture this year when the Princess of Wales came to lay the foundation stone of the People's Palace—when he left the George and Vulture he was out of employment for three weeks or a month—since then I have lived very unhappily with him—that arose from his going out and leaving me so many hours, which he had never done before—he had lived on good terms with me before that—I had not heard the name of the girl Ship—after being at home for three weeks or a month he got employment at the Lucas Arms Tavern, Gray's Inn Road—he went about the 18th July—I saw him from time to time before 17th August on Sundays—I knew on the Sunday that he was going for a holiday on Wednesday, 18th August—he asked me to go to Southend—I arranged
to go—on 17th I got this letter from him, without date: "Dear Wife,—Just to say that I shall be out on Wednesday, so if you think of going to where we say you had better be ready by half-past 11; I shall be home as early as I can; I hope it will be fine for us both. My dear, I can't say much more, only be sure and get ready. So I must concluded with my kind love, from your truly beloved and affectionate husband, J. R." He came home on Wednesday morning—we went to Southend together by rail—we dined opposite the beach—after dinner we went for a walk and had our portraits taken—coming back he asked me whether I would have some oysters—up to that time I felt all right—we had some at a stall in the street—the fifth one was very nasty, and the sixth was rather nasty, but I thought that was from the effect of the fifth I had eaten—I ate half a dozen—we went straight on the pier to go to the boat for London—on board I was very bad—I had a bottle of stout with my husband, and after the stout some brandy, but I was sick before I had the brandy—we got to Black wall about 8.30—I was very bad at Blackwall Station—when we got home and were having supper my brother-in law, Mr. Parker, came in—there was pork for supper—I ate none—I was not well enough—after supper a pint and a half of ale was sent for, and half a quartern of spruce and peppermint—my husband suggested I should have spruce and peppermint—William Parker went for it—I gave him a clean bottle—he brought it and laid it on the table—we were then in the front room, the parlour—the fire was in the kitchen—my husband went in the kitchen; I went in afterwards, and saw the kettle on the fire—I asked him what the' kettle was on the fire for—he said he had put it on to make my stuff—I then took a clean cup, poured the water out of the kettle, put the sugar in, and took it into the front room and laid it on the table—the kettle was not boiling—then my husband poured the spruce and peppermint into the cup—I was going to take the cup to drink it when he stopped me, saying "Drink it when you go to bed"—he put his coat on, and asked me whether I was going into the road with him—Parker said "I will be going now," and my husband and I were left alone in the parlour—the cup was on the table—he went into the kitchen and came back—I was standing with my back to the parlour door against the table as he came into the room, and he went over and sat by the fireplace with his hands in front of him—he turned round and said "Sarah, will you get me a brush?"—I went from the parlour to the kitchen—when I came back and handed him the clothes brush, he said "I did not mean this one; I meant the hair brush, but never mind, this will do"—he brushed his moustache with it—he picked up the cup and said "Be sure and drink that going to bed, and it will do you good"—he smelled it and put it back on the table—I had my hat on—we both went out—the lodger, Mrs. Anderson, and the children were in the house—the children were abed in the back parlour—I believe Mrs. Anderson was abed—I went out because my husband asked me—we went into my sister's, 1, St. Peter's Road, just round the corner—he did not ask me to go there, but merely to go with him—when we got outside he said "We will go and see Fanny and Charlie"—it was nearly 10 o'clock—I was still feeling very ill—I stayed there till 11—my husband left me at 20 minutes or a quarter to 11—he told me to drink that stuff before going to bed, and it would do me good—he bid me good-bye and went away, and at 11 o'clock I went
home—I wont to bed in the back parlour—I took the cup from the front room—I put it on the drawers till I was undressed—I sat on the corner of the bed—the first drink I thought to myself "If this is spruce and peppermint I don't like it," but if I drank it I thought it would do my heart good—I drank pretty well all—I left a little in the bottom of the cup—it was a breakfast cup with a blue rim, about half full—it tasted nasty; my tongue was nasty—I was in bed about two minutes when I felt so strange; my heart beat, and I was in such a violent pain I did not know what to do with myself—I got out of bed and put my finger down my throat, and made myself vomit—I then examined the cup—there was a quantity of blue substance in it—I took a hairpin out of my head and pulled one piece to the top of the cup and broke it in two and tasted it—I thought it was the same taste as was in the cup—one piece fell in the bottom of the cup, the other was on my finger, and I laid that on the side of the cup; it did not come off—I made myself sick again after I tasted it—I felt very bad all night; I could not rest at all—I felt pain at my heart and round my stomach—the next day I took the cup across to Mr. Notcutt, at Alderney Road—I had a conversation with him, and left the cup with him as it was—later in the day I went again, and I went to the police-station and saw the inspector—I received this letter from my husband. (Read: "Dear Wife,—Just to say that I got home quite safe last night, but I am sorry to say that I do not feel very well to-day: also, my dear, I hope and trust that you are better then you was last night when I left you. I felt quite miserable, thinking that I should have to leave you as you was so poorly. My dear wife, you mite drop me a few line to say how you are, as I am very queer myself; wonder if it was these oysters that upset us. It must have been something to do it, as we was allright before we had them. So I must conclude with my kind love, from your truly beloved and affectionate husband, J. REYNOLDS.") All my husband had said about illness that day was that ho did not think the oysters wore very nice—he did not say he was very ill—he had not suffered so far as I know—he ate his supper.
Cross-examined. My husband had lived out at situations for some years—I had lived pretty fairly happy with him up to the time that he loft the George and Vulture, and ho had been a fairly good husband—when out of a situation he lived at home with me—three weeks was the only time I knew him to be out of employment—I had all his money then, as far as I know—I expected he was looking for another situation, but he did not come home till so late at night—he allowed me, as a rule, 13s. a week—I am sure that on the Sunday he settled to go to Southend on the Wednesday—I can explain these words in his letter, "Just to say I shall be out on Wednesday, so if you think of going to where we say you had better be ready"—I had no clothes to go in, and I had to ask my sister to lend me clothes—I don't know what his wages were—I got 7s. 6d. from my two lodgers—my eldest child will be eight next March—I had a glass of stout at the railway station when I started for Southend; at Southend was had a dinner of roast mutton, potatoes, and beans—we had the oysters about half an hour after the dinner—after we had eaten the oysters my husband said "The oysters are not very fresh"—I felt unwell before I had the stout on the boat; I drank hardly any of it—I said before the Magistrate "We had between us a bottle of stout on
board"—my husband asked me when I felt ill to take a walk; he gave me a shilling to get some brandy, I had some brandy and peppermint—I was downstairs about an hour and a quarter, I was very bad all the time—I went to the ladies' room at Black wall Railway Station—this was the first time I had tasted spruce and peppermint—the kettle was an old tin kettle; we had used it before we went out—we had finished what it contained in the morning—some one was at home to use the kettle that day—the lodgers don't use it—my sister was in the house with the children—she had gone when we came home—no one else would use the kettle—my husband did wash, but I cannot say whether it was when he put the spruce and peppermint in the cup—he would wash in the kitchen—when Parker and I followed him with a lamp into the kitchen he had a wash, then we all went back in the parlour; then he asked for the brush, and I went straight to where it was kept and back again directly—my husband was still by the mantelpiece, where I had left him—he smelled the cup in my presence; about two dessert-spoonfuls was left in the cup—the piece I pulled out of the cup was about as lone; as a small tin-tack; I broke it in two—the spruce and peppermint and hot water were put together about 9.30 or 9.45, when I found the piece in the cup was just after 11—the water was warm—I took the cup to, the chemist's a little after 9 the next morning—it had been in the room all night, I had not touched it or been near it—I showed it to my sister and Mrs. Anderson before I took it to the chemist—each of them had taken it up and looked at it—crystallised sugar was used, no spoon.
Re-examined. This is the cup (produced)—this is the little piece stuck there—I think there was a little more when I took it to the chemist—my sister and Mrs. Anderson did not touch it.
WILLIAM PARKER . I am a labourer, of 73, White Horse Lane, Mile End—Mrs. Reynolds is my wife's sister—on Wednesday, 18th August, I went to 43, Grove Road, where she lives, about 9 p.m.—the prisoner was with his wife in the front room; she was very poorly—she said she thought she had had a bad oyster—the prisoner spoke to me about fetching a pint and a half of ale and half a quartern of spruce and peppermint—he said the spruce and peppermint would break the wind off her—I went and got it from the Horn of Plenty; it was mixed—I got it in a clean quartern bottle, Mrs. Reynolds gave me the bottle—I put the things on the front room table—I saw Mrs. Reynolds put water and sugar into a cup, her husband poured the spruce and peppermint in—she was going to drink it, and he said "Don't drink it now, drink it when you are going to bed, when it is cold, and it will do you good"—she left it—I left them about 9.30 or 9.40—the cup was on the table—I and the prisoner had some of the beer, and I had a piece of pork and a piece of bread—the prisoner was putting his jacket on when I left him—Mrs. Reynolds got the water out of the kettle—I heard her say "What did you put the kettle on for, old boy?"—he said "To get your stuff ready"—it was a white bottle.
Cross-examined. The spruce and peppermint were drawn from two wooden barrels, I could not see the tap—it was in the centre of the room—both were put into the same bottle—Reynolds had a swish at his face and was putting his jacket on just before I left, and was in the front room.
Reynolds made a statement to me, in consequence of which I went to Mr. Notcutt's, a chemist in Mile End—I was shown the tea-cup produced and five bottles—I left them there—I then went to the Lucas Arms—I saw the prisoner behind the bar; he came outside—I spoke to him—I took hold of his wrist and said "I am a police officer, I shall apprehend you for attempting to poison your wife," or "kill" I think was the word—he replied "I do not know what you mean;" I said "You are accused of putting Milestone into a cup in which was spruce and peppermint;" he replied "I do not know what bluestone is"—I left him with Williamson, a constable, in the bar-parlour—I made inquiries, and in the result went to a bedroom with Stapleton, a fellow-barman—a chest of drawers was in the room—Stapleton put some clothes together—in the second drawer from the top, when the clothes had been removed, I saw some money, and something blue in a broken piece of paper—the drawer was then shut—no clothes were left in the drawer—I came downstairs with Stapleton and with Mr. Price, the landlord—I said to the prisoner "I have got the whole of your things and 9s. 2 1/2 d. in money; "he said "There is 13s. in the drawer"—I said "Very well, come and fetch it"—he went upstairs with me—I said "Which is your drawer?" and he pointed to the one where I had seen the money and the paper—I said "If the money is there take it"—he took out about 18s., a half-sovereign I think and 8s. in silver—he was about to close the drawer, and I said "Stop, what is that in the corner?" and he replied "I do not know"—I took the parcel out and said "This is the very stuff you are accused of attempting to poison your wife with." (Packet produced written on, "Bluestone, poison.") Except when I left it with Dr. Stephenson the paper has been in my possession—it has been handled and torn by the chemist—I found this bluestone, three pieces—he said "I know nothing of it, and never saw it before"—I took him downstairs and said to the landlord in his presence "Do you know anything about this?" showing him the bluestone, and he replied "No"—Stapleton was sent for; I asked him the same question—he said "No"—I said to Stapleton "Did you see me go near the drawer?" and he replied "No"—I took the prisoner to Bethnal Green Police-station—he was there charged with attempting to poison his wife—he said "I am innocent of the crime"—I searched him at the station—I found this letter from the witness Ship in his pocket-book, which I had taken possession of in the room—I went to the Horn of Plenty about a week after, and got samples of spruce and peppermint—they were sealed up by the manager in my presence—I took them to Mr. Notcutt—on 20th August I got the tea-cup covered over and the five bottles sealed up, and kept them in my desk till I was directed by the Treasury to take them to Dr. Stephenson, at Guy's Hospital, which I did on 13th September.
Cross-examined. Reynolds was at work as barman when I went—I wanted to see the landlord, and when I saw Reynolds come out of the house I stopped him—I took Williamson with me from Bethnal Green as I was in a hurry—I ordered him to put on plain clothes—the prisoner did not seem startled when I took hold of him—his reply to my charge was not in a half-stupid way, "Bluestone?"—I only took a note of his answers—I wrote a memorandum when I got back to the police-office, about an hour afterwards (produced)—I wrote his four replies without my questions—I was going to write "I do not know what bluestone is" a
second time, and "what" is crossed out, and the last entry is "I do not know anything of it, and never saw it before," then a line, and "I am innocent of the crime"—I usually take a note of the prisoners' answers, and not of my questions; I never say much—he spoke slowly—there were two windows to the room—the chest of drawers was facing the windows—the bluestone was at the left-hand corner, at the back—it was about 5.30 p.m.—I had not been nearer the drawer where the bluestone was than half a yard—I saw Passmore a fortnight afterwards—I went to the Lucas Arms eight days afterwards—I saw him at the police-station—he came alone—Davis is not here (The chemist where the bluestone is said to have been purchased).
Re-examined. I got information at the Lucas Arms about Passmore; that is how I came to see him—Mr. Davis is a chemist in the Gray's Inn Road, nearly opposite the Lucas Arms—I have tried to find him; his shop is there but he is away travelling in Wales, and has left no address.
WILLIAM BRIGHTLY NOTCUTT . I am a chemist at 32, Alderney Road, Mile End—I am an Associate under the Apothecaries Act and an Associate of the Pharmaceutical Society—on 19th August Mrs. Reynolds came to me about 9.30 a.m.; she brought this tea-cup—she made a statement—in the tea-cup was about two tablespoonfuls of thick liquid, two spoonfuls of sugar, and one blue crystal adhering to the side—the liquid was straw colour—she left it with me—crystals of sugar were sticking to the sides of the cup—I left the piece of blue, it was too small to try—I tasted the contents; it was very metallic, and made my tongue rough—I afterwards took some of the stuff out of the cup and divided it into three portions—some was still left in the cup, which I put into a bottle and sealed it—I tested the three portions by three separate tests—the mixture was composed of sugar, water, and sulphate of copper—I could not distinguish any particular smell—I did not analyse it to as certain the strength of the sulphate of copper—I gave up the tea-cup and various bottles to Inspector Reid; a sealed bottle containing the contents of the cup; the bottle the spruce and peppermint was fetched in; the remains of what was in the bottle, and the bottles containing the three tests—sulphate of copper is commonly called bluestone; it is sold at grocers' and oilshops—it is a poison; it acts as an emetic.
Cross-examined. It is a very speedy emetic; it acts very shortly after it is taken—sulphate of iron forms crystals but not of a bluish colour—it is a bluish-green tint but of a very different colour to this; it is not the same class of crystal, they could not be identified—the residue of what was divided was more than a teaspoonful; I should think a tablespoonful was in the bottle—I tested for copper—my tests satisfied me there was copper in the fluid; there was sulphate of copper—the first test is commonly known as the sugar test; I labelled that bottle "Sugar test"—there are a great many more than three tests—the tests are not supposed to be delivered up, only Mr. Reid wanted to have them, so I let him—the first test is to show the presence of copper—it is made by boiling the solution, providing the solution contains grape sugar—you add a solution of grape sugar—the result is a sort of orange precipitate—that proves there is copper in the solution; not necessarily sulphate of copper—the second test is the ferro-cyanide test—that is made by adding a solution of ferro-cyanide to any solution of copper—the result is a claret precipitate;
that shows there is copper in solution, not necessarily sulphate—the third test is the ammonia test, by adding ammonia to a solution of copper—in this case by putting ammonia into a third of a tablespoonful the result first of all is a light-blue precipitate and afterwards a dark-blue solution; that shows there is copper in the compound or sulphate, because it makes, with ammonia, sulphate of copper—the precipitate is dissolved by adding an excess of the original, when it produces a darkblue solution—you cannot estimate precipitate in solution—I cannot say the quantity was large, because there was only a small quantity tested with the crystal, and that test is sufficient to enable me to pledge myself there was sulphate of copper in the original compound—the result of that test, considering the quantity of precipitate and the quantity of solution, enables me to say that—it is not a popular medicine; it is used occasionally for stimulating ulcers—it is an astringent, but it is so powerful it can only be used in few cases—it dissolves freely in water; more freely in warm than cold—if a piece of bluestone was left in a breakfast cup not quite full of water from half-past nine to half-past eleven a good portion of it would be dissolved I should think—a lump rather bigger than that blue spot on the cup would have been dissolved in cold water in that time—in warm water if there is much in solution it crystallises out when cold—sulphate of copper in solution would have a very strong taste so as to attract the attention of the person drinking it—it would act at once to clear the system of itself partly, but the effects would remain.
Re-examined. The spruce and peppermint and sugar would tend to destroy the taste.
THEMAS STEPHENSON . I am a lecturer on chemistry and on medical jurisprudence at Guy's Hospital, and a Fellow of the College of Physicians—I have had large experience in making analyses—on 13th of September I received from Inspector Reid this cup with its dried up contents—the blue crystal is sulphate of copper, bluestone—I have tested it, I have no doubt of it—the dried contents are a sugary substance—the piece of paper with "Bluestone, poison" on it contains some blue crystals—that was shown to me by Reid; it contained 143 grains when I received it and nearly that amount when I returned the paper—the crystals would be the same as these in the cup only larger—I have analysed the contents of the sealed medicine bottle, about an ounce and a half of stuff—it consisted of a sugary liquid, apparently spruce, with sulphate of copper the same as this crystal, only in solution—it was about six-tenths of a grain in 1 1/2 oz.—these cups hold about ten ounces when ordinarily full—there would be about six grains to the five ounces, half full, in solution, besides what is undissolved—there was a mere fraction of a grain undissolved—the undissolved part would be included—I saw no more than that—there was none undissolved in what I examined—that solution would act as an emetic; it would be a suitable dose for an emetic I have not personally known death result from taking sulphate of copper—there have been many such within my experience—the smallest fatal dose is not known, but it always has been large, usually above half an ounce, 240 grains to an ounce—it dissolves very readily in hot or warm water—the smell of peppermint would go off from exposure—the smallest dose causing death in this country was under one ounce, but a dose of 60 grains has produced very serious results—the fullest dose for an emetic would be ten grains, or at the outside 15 grains; five to ten
grains usually—it is used externally for lotions and internally occasionally as a tonic, and An astringent, in small doses of less than two grains—it is properly described as a poison—three bottles were handed to me by Reid containing three separate tests referred to by Mr. Notcutt: the ammonia test, the ferro-cyanide test, and a similar test—these tests were used to ascertain if there was copper—I could not see that any test had been applied for sulphate alone—there was no copper in the bottles, one was spruce and the other peppermint.
Cross-examined. I have had great experience in tests—one drop is sufficient to determine the existence of copper—the ferro-cyanide test and the ammonia test are applied for copper, and the electric test (that is, the depositing it on platinum) for detaining the metal and weighing it—the barium test is applied for sulphates, to get white precipitates and see whether it is in strong or dilute doses—that test was applied to about two drops—that is a conclusive test of there being a sulphate—mistakes may be made in testing fluids—I scarcely recollect any mistakes from some of the elements, in the case of copper and sulphuric acid, in the tests I use—I heard that Reintch's test has failed in Smetharst's case—I use clean vessels, the best appliances, and take precautions to make the test a perfect one—I am sure it is accurate—sulphate of copper is used to stimulate indolent sores, ulcers, and things of that kind, for external use, especially in veterinary medicines, less frequently in human beings—it is a very great astringent—its dissolution would depend upon the size of the crystals and their hardness—six grains in half a teacup would soon dissolve in hot or cold water—it dissolves in less than three parts in cold water, and less than half in hot water—six grains in the half cup would not necessarily take from half-past 9 to half-past 11 to be entirely dissolved, but just as sugar may not all dissolve which is dissoluble, so some may not dissolve—sugar needs less stirring, it is more soluble—the taste of a solution of copper is extremely nasty, like a penny.
Re-examined. I have no doubt this was sulphate of copper—the crystal on the cup is the same—the bluestone getting among the sulphate of copper would not interfere materially with its dissolving. (The witness was directed to put a quantity representing six grains on a piece of paper.) I should think that would fairly represent it, perhaps rather under than over.
EDWARD PASSMORE . I live at 98, White Lion Street, Islington—I was employed at the Lucas Arms, Gray's Inn Road, when the prisoner and Stapleton were barmen—the prisoner occupied the front bedroom upstairs—I remember the prisoner being arrested, and his being away for a holiday the Wednesday before that—on the Tuesday I asked him for a pennyworth of oxalic acid to clean the brass with—he said, "Fetch twopenny worth"—he gave me 2d.—he said, "Fetch me a pennyworth of bluestone at the same time," and gave me a penny—I fetched them from Mr. Davis's, a chemist's shop in the Grays Inn Road—the bluestone was put in paper like that produced, with "Bluestone, Poison" on it—I saw it at Worship Street—I gave the bluestone to the prisoner—that was between 2 and 4 o'clock—I think he put it in his pocket—there were a few pieces in lumps—it was weighed—I know Mr. Davis; he served me; he wrote on the paper—I had never seen bluestone—I kept
the oxalic acid for cleaning the brass—I did not sleep on the premises—he did not say what he wanted it for.
Cross-examined. The prisoner was in the bar when he sent me for it—I think there were customers present—I swear this is the piece of paper—before I have sworn "to the best of my belief"—I adhere to the same statement I gave at the police-court—I could not recognise the hand-writing because I never saw Mr. Davis's handwriting before—I recognise the piece of paper by its size and colour, that is the only thing I go by.
EDWARD COX . I live at 47, Compton Street, Brunswick Square—I have worked occasionally for Mr. Davis, a chemist, of 292, Gray's Inn Road, for 24 years—I know his writing; on this paper "Bluestone, Poison" is his writing—I assist in the shop occasionally—I know of no printed labels there for "Bluestone, Poison"—Mr. Davis has gone for a holiday to "Wales, and has not left his address—about a quarter of an ounce of bluestone is sold for 1d.
Cross-examined. The prisoner had a box in the room; there was a lock to the box—there was no lock to the top drawer—I said before the Magistrate, "The inspector did not ask me whether I saw him near the drawer."
Re-examined. The drawer referred to was the prisoner's drawer.
GEORGE GOODING . I am manager of the Horn of Plenty in the Globe Road—on the evening of 18th August Parker came for some spruce and peppermint—I have separate casks for these—I served him with the same I serve the public—I have had no complaints.
Cross-examined. The casks are composed of wood; they have brass tape, patent—spruce and peppermint is a very unusual mixture—it might have been in the casks a week or a fortnight—each cask would hold about a gallon and a half—spruce alone is not unusual, more than once a week, peppermint about the same.
MARIA ANDERSON . I lodge with my husband at 43, Globe Road, where Mrs. Reynolds keeps the house—I remember the Wednesday evening she was out—the day after she showed me a cup, she asked me to smell it; she showed me a piece of blue on it—I heard Mrs. Reynolds go out at night, I was in my bedroom—I heard her come back in about three-quarters of an hour.
EMMA SHIP . I live at 210, Grange Road, Plaistow; I am unmarried—I was employed as cook at the George and Falcon, at Tottenham—I am 25—the prisoner was barman; he courted me—I believed he was a single man—I could not say how long he was there, but I was there two years and seven months—we both left the same day, 28th July—I had a month's notice to leave—before we left he asked me if I would kindly accept his offer to be engaged to him—I did so—after I left I used to see him from about once a week—I knew he had gone into service at the Lucas Arms—I sent him this letter; my sister wrote it for me, I told her what to put—he sent me letters to my home, where my parents live—I gave these letters up to the police—I know his writing; these letters are his writing—this note he left with a bracelet on a table, he presented me with that in June—I introduced the prisoner to my mother when I went home—it was known at home that I was engaged to be married to him—
he told me his name was George Reynolds—besides the bracelet, he also presented me with a brooch—this is the bracelet and this is the brooch (produced)—he brought me the brooch since I have been in my new situation—that was after the present of the bracelet—when I was at Treadwin's, at the George and Vulture, he took the measurement of my finger for a ring, but I never had the ring—I do not know the kind of ring it was—no day had been fixed for my marriage—up to the last I thought he was a single man—I had no savings; I never told him anything about what I had.
Cross-examined. My father is not alive; my mother is supported by a son and daughter, my sister—I have only a brother and sister—my wages were 14l.—the prisoner came to the George and Vulture about April—when he proposed he ran into the kitchen for something—he said "I have something to say to you"—I said "What is it?"—he said "I will tell you"—by-and-by he said "I want to know it you will kindly accept my offer?"—I asked him what it was; he said to be engaged to him—that was in intervals of my work—I had not walked out with him—I was always friendly with my fellow-servants; not in keeping company with them—nothing was ever said in my presence about the prisoner being married—he said about Christmas that he was going to have a private conversation with me; I never knew what it was—I told a gentleman at this house that he was engaged to me—no one had beforehand said he was going to marry me—he measured for the ring about two months before I left—the other barman complained of not getting so good food—they gave me a month's notice, and the prisoner said "There is a lot of unpleasantness, I wish to go the same day." (The correspondence between the prisoner and the witness was read. It was of an affectionate character, and signed in such terms as "Your truly beloved and affectionate lover, G. Reynolds" by the prisoner, and "Your most truly affectioned beloved intended, E. Ship" by the witness.)
WALTER HILL . I am in the service of one in the Sheriffs—I attended the ceremony of laying the foundation stone of the People's Palace at the East-end—I have a memorandum I made at the time; the date was 26th June—I also have it in another book.
GUILTY .— Twenty Years' Penal Servitude.
NEW COURT.—Saturday, September 18th, 1886.
Before Mr. Recorder.
THEMAS WILLIAM WRIGHT . I live at 14, Pinal Road, Shoreditch—on August 14th I went to bed, and on the 15th, about 1.15, I was aroused by a constable knocking at the area door—on going downstairs I found Sanders in a constable's custody, who asked me if I knew the prisoner—I said no—he then told me to make haste upstairs and get my clothes on—I did so, came down, and found the back door had been forced open to make an exit, Holmes having entered through the window—we arrested Holmes in the back workshop of the adjoining premises, partially concealed with shavings—the back door of these premises had
been forced open—the shutters of the parlour window were forced, and the window was open—I had secured it the evening before—the back door was merely unfastened—it had been bolted top and bottom the night before.
Cross-examined by Holmes. I fastened up the place myself—there was no injury to the place whatever.
WILLIAM OAKLEY (Policeman J 296). On 15th August, about 1.15 a.m., I was in Pinal Road, and saw the prisoner Sanders with his head and shoulders in the breakfast parlour window of No. 14—I asked him what he was doing—he said "It is all right; I have only come down here with a woman; I gave her 1s. 6d.;" at the same time I heard a noise inside—I asked him where the woman was—he said "Inside"—I sent for assistance—we then searched the back premises, and found Holmes in a workshop next door—there was no woman inside—both prisoners were sober.
JOHN THAME (Policeman J 96). On the morning of 15th Augus Oakley called me to 14, Pinal Road—I went to the back of the house, and finding no one there I looked over the wall of No. 12, and seeing a door open in there I went in, and found Holmes partially concealed under a heap of shavings, pretending to be asleep—I said "Halloa, what are you doing here?"—he said "All right, I have come here to have a sleep"—I said "It may do you, but it won't do me."
The prisoners in their defence stated that they were intoxicated, and went down the area to sleep.
They then both PLEADED GUILTY to previous convictions, Sanders at Clerkenwell in January, 1878, in the name of Henry Parker, and Holmes at Bedford in January, 1881, in the name of Walker.— Nine Months' Hard Labour each.
MR. FOOKS Prosecuted. NOT GUILTY .
WEBSTER and DONOVAN— GUILTY on the Second Count. — Twelve Months' Hard Labour each.
COLEMAN— NOT GUILTY .
MR. ROUGERS Prosecuted; MR. SALTER Defended.
GUILTY on the Second Count. — Six Months' Hard Labour.
GUILTY.**— Three Months' Hard Labour.
THIRD COURT.—Saturday, September 18th, 1886.
before Mr. Common Serjeant.
MR. HUGGINS Prosecuted.
PRISCILLA GIBSON . I live at 204, Columbia Road, Bethnal Green—on 10th August I left home about 9.30 p.m., leaving no one there and the door locked—when I came back at 12.30 the prisoner was in my room with a constable, who said he had met the prisoner with a broken machine; would I charge him—a sowing machine, which I had on the hire system, was in the room when I left it that evening; this is the top of it—I gave the prisoner no authority to take it out of the room—I did not see it in the room then—they had it lower down the road.
By the JURY. I knew the prisoner a few years ago when he and his mother lived on the premises.
Cross-examined by the Prisoner. You broke open my room door—it is a four-roomed house, and four other families live in it—I have no street door key; that door only wants a slight push to open—I closed it on this night—it is left open all hours of the night—I did not see you open my room door—the people in the next room heard you, I believe—the lock of my door was broken—my things were tied up in order to move—I was in difficulty about my rent—I am a machinist and dressmaker on my own account—two young men and a female came up with me—I told the constable you were the father of my child, and I would give you in charge—you owned to it in the constable's presence—I had not seen you for six months before this—you were the father of my child, which is dead now.
By the COURT. The prisoner had not been in that room before.
WILLIAM WATCHHORN (Policeman H 92). About 12.30 on 10th August I met the prisoner in Hassard Street, Bethnal Green, about a quarter of a mile from the prosecutrix's house, carrying on his shoulder the whole of the sewing-machine, of which this is a part; the rest of it in at the station—I said, "Where are you going with that machine?"—he said, "I am engaged to remove some furniture for a woman who owes some rent"—I said, "Where are you going with it?"—he said, "To 72, Columbia Road"—I said I should accompany him to see if it was correct—he was going in that direction—when he got on about 600 yards farther he threw the machine down and said, "Now you have got me carry the f—thing yourself"—another constable came up, and I left the machine, which had broken, in his charge on the pavement, and went to 204, Columbia Road, because the prisoner said it was quite correct he was engaged to remove it from there—the prisoner took me to the room; the door was open; he sat down and said, "This is my house, you have no right in here"—I said I should wait till some one came in—in two or three minutes the prosecutrix came in—I asked her if she had given him permission to remove the furniture—she said "No"—she gave him in custody, and I took him in charge.
Cross-examined. You were in the middle of Hassard Street, 500 or 600 yards from the Birdcage and coming from the direction of the Hackney Road—the spindle of the machine was broken—I am certain you said "72," not "204"—you walked by my side to the door, and went inside—I saw the things tied up; they appeared ready to be removed—she had two young men and a female with her—she said she would give you in charge, you were the father of her child.
PRISCILLA GIBSON (Re-examined by the COURT). I do not know how the prisoner came to know about my rent, unless it was through his mother—I did not give him in charge because he was the father of my child.
The prisoner in his defence stated that he was going home the worse for drink, when, passing the prosecutrix's house, two men asked him to assist them in removing her things; that he went up, found the door open, and was carrying the machine when arrested.
he then PLEADED GUILTY* to a conviction of felony in May, 1881.— Five Years' Penal Servitude.
The Court and Jury commended the constable's conduct.
930. AXEL HOLM (45) PLEADED GUILTY to attempting to obtain china goods from Robert Nauschild by false pretences, with intent to defraud, and conspiring with others to obtain goods.— Judgment respited.
MR. HUGGINS Prosecuted.
NOT GUILTY .
OLD COURT.—Monday, September 20th, 1886.
before Mr. Justice Wills.
MR. MORICE Prosecuted; MR. CONYBEARE Defended.
WILLIAM PETTER (Policeman H 120). Shortly after midnight on 20th August I was on duty in Whitechapel Road—I saw the two prisoners in company with a woman not in custody meet a drunken man coming in the direction of Aldgate—the woman had hold of his left arm, Vanderhart had hold of his right, and Covallo was walking behind—knowing the woman as a prostitute, I suspected and followed them—after going about 300 yards I saw the woman take an umbrella out of the man's hand; she then put her right hand into his left trousers pocket—I walked out into the road, and succeeded in getting within about 12 yards of them—Vanderhart then put his right hand into the prosecutor's right-hand trousers pocket—they walked on about 20 or 30 yards, when Covallo struck him a blow on the back of his head and knocked him to the ground—I rushed at them, seized Covallo by the throat and Vanderhart by the arm—Covallo said, "What's the matter, governor?"—I said, "You will see"—another constable came on the scene, and took them into custody—the woman ran away—at the station they were charged; they made no reply to it—on Vanderhart I found 5s. 6d. in silver and 3d. in coppers—I found nothing on Covallo.
Cross-examined by MR. CONYBEARE. This happened just after the public-houses were closed; they are closed at 12.30; I am positive as to the time—there were not many people about at the time—the night was about as dark as usual, it was not foggy or moonlight—when I first saw these persons they were coming past the Hospital Tavern—there was only one other man there; he went in an opposite direction; I could not
tell whether he was with the prisoners or not, he was not with them when I first saw them—the Hospital Tavern is about 400 yards from where I arrested them—it was my regular beat where I first saw them—I had got within 12 yards from them when Vanderhart robbed him—the prosecutor was very drunk; I charged him at the station with being drunk and incapable, and he was charged before Mr. Lushington next morning; I have not charged him since—the Magistrate remanded the prisoners for a week to enable me to find the prosecutor; I did not see him till three days after—I swear I saw Vanderhart put his hand into the prosecutor's trousers pocket—the woman ran away with the umbrella—I have not said that I saw Vanderhart take any money out of the pocket—Constable 168 came up from the direction of Whitechapel Church—the prosecutor never spoke to me; I believe that was partly through being knocked down; he complained of his head at the station; he kept saying, "Oh my poor head"—he did not fall down previously within my view—I did not know that he had lost any money till he gave evidence on the remand—I saw him before that, during the remand, and asked him why he did not attend to answer the charge—he said, "I don't know, I went home and went to sleep at a friend's"—I did not ask him what money he had lost—I found him by going to the Lord Nelson, where he was potman.
JOHN BROADHEAD . I am potman at the Lord Nelson in Whitechapel Road—on the night of 19th August I was going home along the Whitechapel Road—I had had too much to drink—as I was walking along I received a blow at the back of the head; I do not know from whom—I did not take any notice; I know I was robbed—I had about 5s. 6d. in my pocket and a silk umbrella; I found out that I had lost it the next morning at the station—I had been in one public-house before, the Hospital Tavern; they refused to serve me and I came out—it was soon after that that I got the blow on the head; it made me insensible—my head was very painful down the side where I fell.
Cross-examined. I had been at business up to a quarter past eight—I did not visit many public-houses after that—I went straight from business over to Clapham—I had between 7s. 6d. and 8s. when I first started out, 7s. 10d. it was—it was a very fair evening, it had been showery—this happened between 12 and a quarter past; it was after 12—I could not be positive to a quarter of an hour; it might have been a quarter to half-past 12—I only fell down once that night that I know of, that was when I was knocked down—my recollection of what occurred is rather hazy, having had too much, and I waited at Clapham rather later than I wanted to—I can swear positively that I had my money half an hour before, and I can recollect everything that occurred half an hour beforehand; it is only what happened after leaving the Hospital Tavern that I can't recollect—from the tavern I came up Turner Street; I got on a Blackwall 'bus at Gracechurch Street—I was not as drunk then as I became afterwards; it came over me all at once, through an extra glass I suppose—I had a glass at the White Hart in Turner Street, I had none alter that—I did not want to find my money in the Hospital Tavern, I had it in my pocket—I walked out of the house by myself; I did not notice any people about at the time, there were people about but I did not notice who and what they were—I recollect being helped along; I was reeling about—I do not identify the prisoners as helping me; I do
not remember a woman helping me—I stayed at the police station till the morning; I did not go home to stay with a friend—I don't often get drunk; it was in consequence of this that I was dismissed from my situation, I was too ill to appear next morning—I laid down and slept till six in the evening—it was more the blow than the drink that made me so queer—the prisoners came from behind me; I did not say anything to the police at the time; I don't remember seeing a second policeman there—I told the inspector on duty that I had lost my money and my umbrella—I have not seen my umbrella since—I know nothing of the woman who took it.
MR. CONYBEARE called the following witnesses for the defence:
FLORENCE JANE EDMUNDS . I live at the Hospital Tavern, Whitechapel Road; my father is the landlord—on the night of 19th August I remember the prosecutor coming in as near 12 as possible; he was very drunk—I did not serve him; he put his hand in his pocket to try to find some money, but he did not take any out—he went outside and I heard somebody fall; I asked Mr. Murray, the billiard marker, to go out and assist him as he was tipsy—I do not remember Vanderhart being there—my mother was in the bar—some strangers were there taking refreshment.
ROBERT MURRAY . I live at 35, Exmouth Street—I was billiard marker at the Hospital Tavern on 19th August—I recollect the prosecutor coming in about five or ten minutes to 12; he was very drunk, helpless I may say, he could not stand—he called for some drink, Miss Edmunds declined to serve him—he felt in his pockets—she said, "You need not try to find any money, I don't believe you have got any, but it does not matter, we won't serve you, you are too drunk"—when he was going down the step from the bar he fell down on his back; I went and picked him up and Vanderhart I believe went out after me to assist him up—I said, "Shall I take your umbrella and give it to Miss Edmunds?"—he said, "You need not rob me, I have nothing to be robbed of"—I said, "I have come to assist you; if you will tell me where you live I will see you home"—he did not speak for a few second?; he then said, "I am potman and barman at the Lord Nelson"—I assisted him against the wall, and Vanderhart also assisted—there were a few persons outside gathering round, strangers to me.
ANNIE WHITEHOUSE . I am a wholesale fruiterer—owing to the great pressure of business, the fruit being so abundant this season, I had to take on another hand and I employed Vanderhart for a short time, a Monday, three weeks ago, it was the Monday previous to the 19th August; I paid him a shilling—I also employed him on the Tuesday and paid him 4s.—on Wednesday at 2s. 6d., and on Thursday, the 19th, 3s. 6d.—I can't say exactly the time I paid him off that day; it was quite dark, it must have been about nine—I gave him a half-crown and two sixpences—I did not know him before—I found him perfectly trustworthy and honest, and if we wanted an extra hand I should be pleased to give him employment, even permanently.
ISAAC VANDERHART . I am a warehouseman and live at 19, Hanbury Street—the prisoner is my son—on 19th August he came home about a quarter to nine; he asked his mother to sow some buttons on his trousers and he took his money out of his pockets and put it on the table—I don't know the exact amount but it must have been between 7s. and 8s.; there
were two half-crowns, two sixpences, and some coppers—I said, "You are rich"—he said, "I have just been paid off by Miss Whitehouse"—he was reading a book and by ten he went out saying, "I am only going to the Booth Street Club," that is a Temperance Club in connection with Spitalfields Church, and I saw no more of him till I received a telegram from the police-station that he was in charge—he took up the 7s. or 8s. again from the table and gave his mother 1s. 8d. for his board and lodging—I have never had any fault to find with him; he had a splendid character from the Jews' Free School, and he was apprenticed to Mr. Charles Wilkinson.
Cross-examined. Mr. Wilkinson is a furniture japanner—after the prisoner left him he did jobs about Hoxton for three months, and in the market for Miss Whitehouse and various other salesmen.
REV. WILLIAM JOHN PEACEY . I am curate of Christ Church, Spitalfields—we have a temperance club connected with the church in Booth Street—I have know the prisoner Vanderhart for about 12 or 14 months through his being at the club—I have also seen him in the market and about the parish—I have a high opinion of him—it is my custom to be at the club regularly on Thursday evening, as I am chairman—the last time I saw him was on the Thursday evening in question, some time between 10 and 11.
CHARLES WILKINSON . I am a furniture japanner, of 30, Dugald Street Bethnal Green Road—Vanderhart was my apprentice for three months on trial, and then for five years—he would be with me now if I had work to give him—I had unlimited confidence in him—he was a good boy all the time he was with me—he kept company with my sons—I never knew him to go into a public-house to have drink.
ROBERT MURRAY (Re-examined by the COURT). Vanderhart was in the tavern on this night, not for any length of time, just to call for half a pint of ale—he was not a usual customer—I don't know that I had seen him there before.
MR. PEACEY (Re-examined by the COURT). Our club is a temperance club—no intoxicants are sold there—the members are not all total abstainers.
WILLIAM PETTER (Re-examined by the COURT). the money I found on Vanderhart was two half-crowns, sixpence in silver, and two pence and two halfpence—the charge against the prisoner was entered in the charge-book in Leman Street (This was sent for).
JOHN ISAACS (Police Sergeant H 3). I was the officer on duty at Leman Street on the night this charge was taken, the 20th, and entered the charge in this book—it was brought in about 12.40—the Hospital Tavern is from 10 minutes' to a quarter of an hour's walk from our station at a good quick step—if a man went from the Hospital Tavern in the direction of Aldgate he would come towards our station, and be about half way to it. (WILLIAM PETTER. It would take about five minutes to walk from where I arrested the prisoner to the station.) I saw the 5s. 6d. turned out of Vanderhart's pocket—there was 3d. in bronze—he did not say anything when it was produced—the prosecutor was present, but he was hopelessly drunk—the charge the constable made was for being concerned together in attempting to steal from a drunken person—Petter said he saw one of the prisoners, I forget which he said, strike the prosecutor on the back of the head and knock
him down—I should have entered that as part of the charge if there had been any violence, but it seemed to me more as it' it was a push to get away from him—the prisoners did not make any reply to the charge—I did not hear them say they knew nothing about it—I must have heard them if they had.
WILLIAM PETTER (Re-examined). When I first saw the parties Covallo was about two yards behind the others—he varied a few yards; sometimes he got a little farther on one side and sometimes on the other as he walked—the farthest he was away from them was about six yards—he appeared to me as if he was trying to cover the other two in putting their hands into the prosecutor's pockets.
NOT GUILTY .
The Court ordered a reward of 3l. to Petter.
MR. WILME Prosecuted.
REV. CLAUDE BROWN . I am a Clerk in Holy Orders, and live at 6, Holland Park Gardens, Kensington—on Saturday night, 28th August, I left all the table drawers of my library locked—the keys in the bookcase could open the drawers—I did not notice the window; it is at the back of the house—I did not hear any noise in the night—in the morning I found the library window wide open and pushed right up, and one or two of the drawers were open but nothing taken from them—there was money in both drawers, and a watch in one—in the dining-room a drawer in a writing table had evidently been tried to be forced open, and there were marks of an instrument on other drawers—I missed the plate that was usually kept in the sideboard, spoons, forks, and a variety of plate to the value of about 30l.—this (produced) is a portion of it—my crest is on some of the articles.
ELIZA SMITH . I am a servant in the prosecutor's employ—on Saturday night, 28th August, I left the house all right, the doors and windows secure, the library window was shut, but not fastened—the plate produced is my master's—I saw it safe in the sideboard cupboard on the Saturday night—this silver cup was in a cupboard in the passage leading to the kitchen.
EDWARD BEACH (Policeman F 328). On Sunday morning, 29th August, at 4 a.m., I was in Holland Park Gardens—as I passed the front of the prosecutor's house I heard a jingling noise—I went round to the rear, and saw the prisoner climb over a fence at the rear of the house—I took hold of him, and asked what he had been there for—he replied "I went there to sleep"—I noticed that his pockets were bulky, and I asked what he had got in them—he said "Nothing"—I said "You must come to the station with me; will you come quietly?"—he said "Yes"—he went about 20 or 30 yards—he then commenced struggling, and took hold of my whistle to prevent my blowing it—we struggled for about a quarter of an hour, and at one spot he attempted to take this jemmy out of his trousers pocket—I prevented his striking me with it—he then took one of these forks out of his guernsey, and attempted to stab me with it—I avoided the blow, and endeavoured to draw my truncheon, and he ran away with the fork in his hand—he ran about 10 or 12 yards, and commenced throwing away the plate over two or three gardens in Addison Road—I did not lose sight of him—I overtook him; another
struggle took place—he made a spring at me, but missed his aim—he then threw the fork at me—196 then came up, and we took him to the station, where he was charged—the inspector asked him where he got the plate, and he said "I went there to sleep, and I picked it up"—I afterwards went to the prosecutor's house—I found the area door open; also the library window—a chisel and screw-driver were found in the area.
Cross-examined by the Prisoner. The fence you got over was about 100 yards from the house—the ground did not belong to the house.
JOHN OWENS (Policeman F 196). On Sunday morning, 29th August, about a quarter-past 4, I was on duty in Holland Park—I heard a whistle, went towards it, and saw the prisoner running—I gave chase, and told him if he did not stop I should knock him down—he then stopped, and said "Don't hit me, I have had enough"—I took him to the station in company with Beach—I found on him six silver-plated forks, two teaspoons, five eggspoons, two saltspoons, and these other articles.
CHARLES COLLINS (Police Sergeant F). I examined the prosecutor's premises—I found the area door open, likewise the library window—I found this chisel on the area window-sill, and in various gardens in Addison Road I found portions of this property.
MICHAEL MALONY (Police Inspector F). I was at the station when the prisoner was brought there—he was charged with burglariously breaking into 6, Holland Park Gardens, and stealing a quantity of plate—he said he simply went over the fence to have a sleep, and picked the plate up—I afterwards examined the premises—I found that an entry had been effected by the library window on the first floor—there was a Blight mark on the bottom of the sash, which corresponded with this instrument—various drawers had been tampered with, and the bars of the kitchen window had been attempted to be forced apart—I received this jemmy from Snell—I compared it with various marks on the drawers in the dining-room; they corresponded.
FRANCIS SNELL (Policeman F 361). On Sunday morning, 29th August, I was in Addison Road—the gardener at No. 3 handed me this jemmy; that was 200 or 300 yards from the prosecutor's—I searched the garden, and found there these six dessert-spoons, two table-forks, a butter-knife, and gravy-spoon.
The prisoner in his defence stated that being tired, he got over the fence to sleep, and on awaking two men who saw him ran away; that he found the things lying there, and put them in his pocket.
he then PLEADED GUILTY** to a previous conviction in May, 1880.— Seven Years' Penal Servitude.
MR. SYMONDS Prosecuted; MR. KEITH FRITH defended Jessup.
JOHN LANE . I keep the Ship, 473, Bethnal Green Road—on Monday night, 6th September, about a quarter or half-past 10 o'clock, the prisoner and another man came in and called for refreshment, I served them—they walked to the far end of the bar and passed through several times into the yard—I followed them and watched them—they came back into the bar—I was called to the other end of the bar to serve a customer—I
turned round and saw the third man apparently reading a paper, in a position that took the light off the bar-parlour—I saw that the two prisoners had left the bar—I looked under the paper, and saw Davis in the middle of the parlour handing a handful of silver out of the open window to Jessup—this was about a quarter to 11 o'clock—I had seen the window closed about that time—I ran to the bottom of the bar, and Davis closed the window immediately; as he did so I caught him by the leg and held him for a time, calling to my man "I have been robbed"—my man ran into the yard, and I threw Davis bodily out of the window into the yard—my wife came from the bar to my assistance; I dragged Davis into the passage after a bit of a struggle and several kicks—he emptied the money out of his pocket in the passage when my wife was holding him—my potman brought Jessup into the passage shortly after, after a great struggle—a policeman was sent for and the prisoners were taken into custody—the window was fastened by a thumbscrew—when Davis took the money out of his pocket he said "I have got nothing, let me go"—I saw the policeman pick it up; there was 5l. in silver, 1l. in gold, and a small portion of my wife's money, all taken out of the parlour—they must have entered the parlour from the yard.
Cross-examined by MR. KEITH FRITH. I never saw Jessup before to my knowledge—I saw Davis pass the money to him out of the window—that was very near a quarter to 11—I was not far from this window—the yard was not lighted—he was there a very short time, for while I was there he rushed from the window—I saw him quite long enough to know who he was.
Re-examined. I said at the police-court "I saw Davis in the middle of the bar parlour with a handful of silver in his hand, and Jessup waiting to receive it"—I had watched the three of them previous to this occurrence—I can swear Jessup was the man waiting there.
MARY LANE . I am the wife of the last witness—on this night I heard my husband calling for help, and I ran out of the bar into the passage, where I saw the two prisoners struggling with him—I took Davis and held him till the constable came—while I held him by the handkerchief he has on now he threw something out of his pocket—Jessup tried to get away from my husband, but the potman bolted the yard door.
WILLIAM PRETTY . I am potman to the prosecutor—on this night I heard my master calling "Run to the yard, somebody is stealing my money"—I ran into the yard, where I saw Jessup waiting beneath the bar window to receive some money—I did not see Davis then, but almost a second afterwards I saw him just coming out of the bar parlour window—when I came up Jessup ran up the garden, I ran after and caught him and brought him back—I bolted the door to prevent his going away, and then I fetched a constable and gave him into custody—I saw Davis turn money out of his pockets—he said "Let me go, I have got nothing."
HENRY HOWGILL (Policeman J 59). On 6th September, about half-past 11, I was called by the potman to this house—in the passage at the end near the bar I saw Mr. Lane holding one prisoner and Mrs. Lane the other—I took Jessup into custody first, and took him to the station with the assistance of the potman; I then took the other one—I went back and examined the place and found a quantity of silver coin where the two prisoners had been standing when I took them, and in the back yard, four or five yards off, there was a lot more coin, and farther on again,
towards the w.c, there was some more in three different places—I took it all in it amounted to 6l. 9s. 3d.—the bar parlour window was fastened by a screw bolt; it looked as if it had been shaken from the outside, and forced out by working it backwards and forwards—the landlord said he should give the two into custody for stealing his money—Jessup said "I know nothing about the money"—I said the same to Davis and he said "You have no occasion to hold me, I don't know anything about the money"—when charged at the station they said they knew nothing about it—they went pretty quietly to the station.
Cross-examined. Jessup always denied knowing anything about it—his brother told me he had been apprenticed to Randall, a builder—I had never seen him before that night to my knowledge.
Jessup received a good character.
JESSUP— NOT GUILTY .
DAVIS— GUILTY .— Six Month' Hard Labour.
NEW COURT.—Monday, September 20th, 1886.
Before Mr. Recorder.
MR. HUGGINS Prosecuted; MR. OVEREND Defended.
JOHN DESIRE ENGLAND . I am a dry plate manufacturer, of 21, Charles Street, Netting Hill—the prisoner has been my clerk and occasional traveller between three and four years—he received money for me, and it was his duty to hand it over to me—about May last Frederick Hollier, of 9, Pembroke Square, owed me 6l. for some dry plates, and it was the prisoner's duty to call upon him—I have never received that money or any cheque for that amount—the endorsement on this cheque is not written by me or by my authority—I have seen the prisoner write, and it is his written—this letter "From J. D. England, manufacturer of dry plates, &c. May 13th. To F. Hollier, Esq. Dear Sir,—In calling upon you this morning I forgot to tell you I have discontinued to deaf with the Union Bank, kindly cross your cheques 'and Co.,' and oblige, pro J. D. England, Kuhne" was not written with my knowledge or consent.
Cross-examined. The prisoner was my servant—I paid him 30s. per week—my father employed him before I did; he did not pay him his wages up to the time of his arrest—my father gave me money to pay the prisoner's wages with—the prisoner did not pay me my salary—my books are here—there is no wages book—the prisoner used to make out roughly on a slip of paper at the end of the week the amounts to be paid to the people—I used sometimes to look over it or leave it to him—the money to pay them came from my business—all the printing is done in my name—I swore at the police-court that this business was entirely mine, and that my father had no interest in it—I repeat that here to-day—I have no banking account—the profits of the business were paid over to me—the prisoner usually gave the cheques to my father, who gave me cheques in return—other cheques were given me besides those to pay wages with—I can't say how much profit a week I got, but I always drew 1l.—the prisoner did not give me that from my father—i have not got the wages list here—I don't know that my name always appeared on
them with that of the prisoner—the prisoner had the keys of the premises—he engaged and discharged persons by my authority—I am not aware that he discharged a girl without my desire, by my father's authority—I was never hard up; 1 occasionally borrowed a shilling from the prisoner for petty cash if I had not got it at the time—he has not lent me considerably more than that for my own convenience—he never with my consent cashed cheques that ought to have been handed to my father—I did not in the case of Best, where a cheque for 3l. was received, give the prisoner 1l. and tell him to cancel it in the books—I have the books here with Best's account; there is no entry of 3l.—3l. 9s. is entered by the prisoner; that entry does not differ from the others—I don't remember if that was paid by cheque—the prisoner never received moneys from me for the purposes of the business, only for petty cash and wages—I gave the prisoner 25l. to start him in a tobacconist's business; that had nothing to do with this business—he was still my servant—I was not a partner with him—I was to receive the whole of the 25l. back out of the proceeds of the business—I was with him at the time he took the premises, 68, Uxbridge Road, from Mr. Doursnell, but I had nothing to do with it—I referred him to Mr. Matthews for this shop to be fitted up, but I did not give orders to have it done—Mr. Matthews sent me the account, and I referred him to the prisoner—I did not say "I can't pay you now, refer to Paul"—when I wanted tobacco I gave the money to buy it at Uxbridge Road—some time after that the prisoner started a rival business to mine while I was manufacturing dry plates for him—I complained to him about it, and gave information to the police—all money was handed over to my father when I was away—whenever the prisoner brought in his sheet of commissions I paid him—it was not arranged that we should divide moneys between us—my father opened all letters addressed to me when I was absent—the prisoner purchased a double tricycle for me—I am still using it—I have made three charges of forgery against him—he purchased a pony and cart, with which he drove about to obtain orders for me.
Re-examined. I never gave the prisoner authority to sign cheques on my behalf, nor did I at any time enter into partnership with him—my father was a dry plate manufacturer at one time, and the prisoner entered my service from his—my father set me up in business; he is a photographer now—from time to time he helped me with money—I had no banking account, but he had—the tobacconist's business is entirely distinct from mine, and if there had been any profit in it I should not have had it—I had more servants than the prisoner—I engaged and dismissed them.
WILLIAM ENGLAND . I am father of the last witness, and reside at 7, St. James's Square, Notting Hill—the prisoner was my porter four years ago—I engaged him in Switzerland to carry my photographic apparatus—I set my son up in business from time to time; helped him with money—the business is his, and all profits go to him—I have seen the prisoner from time to time pay money to him which he has received from his customers—I bank with the Union Bank, and nay son having no banker, passed his cheques through my bank—I have received cheques for my son from the prisoner, and have given him cheques for them—the prisoner has never signed postal orders in my son's name—on my return from Switzerland in 1885 the prisoner handed me some cheques which had come in in my absence; they could not have paid them into my bank
without my knowledge—my son paid the prisoner's wages—the prisoner had no authority from me to engage servants for my son—any orders he received would be from my son, not from me.
Cross-examined. I never sent the prisoner into Kent to a man named Reeves with a cheque for 75l.; I never sent him out of London—the shop my son is in is mine, and I found him the money to commence business, and also assisted him from time to time—I did not pay him regular wages, he took money out of the business—after this charge was made I went to Oxford and saw the prisoner's father-in-law—I went to see if he was there—I said that it was a very bad case, but I made no compromise of any kind; I had no authority to do so—I did not say that I would settle the case.
By the COURT. I called on Mr. Mandle and Mr. Hollier, and Mr. Wood, of Cheapside, to collect accounts, and in consequence of something Mr. Wood said I called on Mr. Hollier, and in consequence of what he said I spoke to my son—I saw this cheque about six weeks ago—after I had made inquiries Mr. Hollier returned it to me, to show that it had been paid.
FREDERICK HOLLIER . I am a photographer, of 9, Pembroke Square, Kensington—about 12 months ago I owed Mr. Desire England 6l., the prisoner called on me for an order, and I believe for the account, and I told him I would post it that evening, which I did, and addressed it to J. D. England—before posting the cheque I received this letter—my hankers returned the cheque marked "Paid."
Cross-examined. I have seen the prisoner once or twice when he has called for orders, and I know Mr. D. England slightly, not personally—I do not know the position the prisoner occupied with regard to him—I did not know the prisoner had sent this letter, I concluded it came from the firm.
DANIEL MORGAN (Police Inspector X). On 31st July I saw the prisoner in the Norland Road; I told him a very serious charge was made against him by his master, of forgery, and I had rather he went to the station and had the matter explained in his master's presence—he went there—several cheques were there shown to him; amongst them was Mr. Hollier's, and I told him he was charged with the forgery of the cheque—he said "I have endorsed the cheques and paid them away in the business for Mr. J. D. England's private affairs; I wrote the letter by direction of Mr. J. D. England"—he was afterwards charged.
Cross-examined. The prosecutor first made the complaint, but they were both together—I charged him with other matters besides this, and he said "The 20J. cheque was paid 10/., half, for a tricycle for Mr. J. D. England."
Witnesses for the Defence.
ROBERT AUGUST DOURSNELL , I am a photographer, of 58, Uxbridge Road, Shepherd's Bush—on 7th November I had a shop to let, and the prisoner and the prosecutor took it at 12s. 6d. per week—the prosecutor was there nearly every evening—they gave it up in May—the prisoner paid the rent.
Cross-examined. They did not always come together—the prisoner came to the shop as soon as he had done his business round at St. George's Road, and the prosecutor used to come after he had washed, and bring his young lady with him—they both of them went and bought
a counter for the shop—the prisoner came first about the shop, and then they both came—an agreement was drawn up, so that they should do no damage, but they got possession of the shop and it was fitted up, and the agreement was not signed, and as it did not turn out satisfactory, the agreement was quashed—I understood that both of them were to sign it—I looked for the rent to Mr. England—the name of Kuhne and Co. was put up over the shop—I ordered a solicitor's clerk to draw up the deed, this is it (produced)—I did not show it to Mr. England, I gave it to the prisoner—I saw him most—I knew nothing of this forgery before, and I was greatly surprised.
Cross-examined. I am a glass packer—I knew the prisoner as manager to the prosecutor—he said half the business was his and half Mr. England's—I have not heard him say that he was a partner in the prosecutor's presence.
HENRY MATTHEWS . I am a builder and contractor, of 20, Queen's Road, Notting Hill—I know the prisoner and prosecutor—I fitted up the shop at 58, Uxbridge Road as a tobacconist's, by Mr. J. England's instructions—I then furnished him with this account, which is in his name, and I called on him on several occasions, and it has not been convenient for him to settle it.
Cross-examined. The order was given about November, as near as possible, they were in a hurry for me to get it done before Christmas—the prosecutor said to the prisoner "You go with Mr. Matthews and show him what he is to do"—my bill is 7l., and I have received 3l. in instalments from the prisoner—I have worked for Mr. England's father for 12 or 14 years—I had done no work for the prisoner before, and if he had given me this order I don't know that I should have done it on credit; I might have, but Mr. England having ordered it, I did it at once—when I have asked the prosecutor for the money he has said "Go and ask Paul, it has nothing to do with me now."
ISAAC DAVID LEO . I live at 62, Queen's Road, Notting Hill—I have known the prisoner three or four years, and I know the firm by name—I furnished articles to the premises at 58, Uxbridge Road—the prisoner and Mr. England came and ordered them; not the prosecutor, it was his brother—the brother said it was to be a cash transaction, and we had not got the linoleum for the shop, and after it was sent we applied to the firm for the money, and it was paid.
Cross-examined. I have seen the prosecutor before—the account was sent to the firm in Charles Street, and the money was returned by the lad.
NOT GUILTY .
NOT GUILTY .
937. JOHN DAVIS (28), GEORGE DENNY RUCK (30), and JOHN JACKSON (45) , Unlawfully obtaining by false pretences a bill of exchange for 500l., an order for 2l. 2s., and an order for 2l. 8s., with intent to defraud. Other Counts for other sums.
RUCK PLEADED GUILTY .
MR. GILL Prosecuted; MR. OVEREND defended Jackson, Davis was also defended by Counsel.
SAMUEL TAYLOR . I am a schoolmaster, of Woodford, Essex—I saw an advertisement in June in a daily paper, "A gentleman is prepared to make advances to responsible householders, &c. Address R., 2, Lansdowne Place, Brunswick Square"—I wrote there, got an answer, went there early in July, and saw Davis—I showed him the advertisement and asked if he was prepared to lend me 500l.—he said "Yes"—I told him what security I had—he said he was perfectly satisfied, and referred me to Foster, of Argyle Street, his surveyor—I went there the same day and saw Ruck, I know him as Foster—I took him a letter from Davis; he said "We will send my surveyor down next Monday, but you will have to pay 3l. 3s. for preliminary expenses"—I said "Very well," but did not pay it then—Jackson came down to my house the following Wednesday, and produced this card: "Please pay my surveyor three guineas agreed upon in putting the matter before our client, Mr. Davis.—T. FOSTER"—Jackson did not survey the house, but I went to town next day, or the day after, and gave Foster a cheque for 3l. 3s.—he said that the matter was all right and the 500l. cheque was drawn out—I began to have a suspicion, and went and stopped my cheque for 3l. 3s.—I then had a letter asking me to come up and bring two bill stamps for 250l., which I did next day, and saw Foster—he drew out an agreement, and put the stamps on it, and said, "Well, my fee?"—I said, "Here is the money"—he then wanted me to give something to the people in the office, but I could not see that—Foster, Jackson, and I then went to Davis's house, who said that he was satisfied with the security, and signed a cheque for the 500l., and I gave Foster and Jackson cheques for 2l. 2s. each—altogether I parted with 7l. 7s.—I paid the cheque for 500l. into my bank next day, and on the Monday it was returned to me dishonoured—before I got it I gave this bill for the 500l.—I then went to Lansdowne Place and found nobody there; I could not find Davis—I went to Argyll Street and asked Foster if Davis was not at Eastbourne; he said "Yes"—I said that the cheque had been returned, and asked him the reason—he said that Davis had lost his pocket-book on the Saturday with my bill in it, but if I would give another bill for 500l. I could have the money immediately—I said that I had been swindled—he said, "Nothing can be done till Mr. Davis returns; it will be all right; he is going to have 10,000l. paid into the bank presently, and it will be all square"—I went every day that week, and found papers on the door saying, "Return in half an hour," which very often exceeded four hours, for I watched very closely—I eventually took proceedings—I gave the 2l. 2s. cheque to Jackson for the surveyor, but I may say this of Jackson, he never asked me for anything—Ruck was the leading man in the whole affair and the medium, and Davis was the gentleman with capital—when I parted with my money I believed they were in a position to lend me the money.
Cross-examined by MR. OVEREND. I did not represent my property to be anything at all; I was to obtain the money simply on a bill—I did not represent that I was possessed of a vegetarian restaurant—I said that I rented a house at 60l. a year at Woodford, but I said nothing
about my furniture—I have a bill of sale on my furniture now—I believe Jackson went down three times—he did not say that he had made inquiries and found that I had a bill of sale—I paid Buck and Jackson instead of their principal, because Davis wrote and said that nothing could be done till his surveyor had his expenses paid—I was simply and solely giving a bill for 500l., and Davis was to discount it—Davis did not tell me that ho had torn his signature off because the bill was drawn by Buck incorrectly and was no security at all, but when I was telling them a bit of my mind Buck brought me out a torn paper and said, "There is your bill, if you like;" I said "No"—I was not told that before any advance could be made a fresh bill must be drawn—they said, "We want your security, will you sign other papers?"—I said "No"—that was the day before they were arrested—they were all three there, and I said, "There are three alternatives: pay me back the whole of my fees, or draw out a cheque and let me have it in hard cash, or take the consequences"—they said, "Give us some more security, and we will see it all right"—I said, "I will give you no more security"—it was not agreed between me and Davis that my bill was to be discounted before the cheque for 500l. was given—Foster drew up this agreement, which I signed: "16th July, 1886. Dear Sir,—Re 500l. mortgage. In the event of this loan being completed I hereby agree to pay you your expenses for sending down the surveyor in the matter between me and Mr. Davis, 1l. 11s. 6d."
Re-examined. I have never had any experience of a bill transaction before, and I hope I never shall again.
EDWARD POWELL . I am a dining-room keeper of Theobald's Road—I saw an advertisement about lending money on personal security; went to 3, Lansdowne Place and saw Davis; he came from the kitchen—I said "I have received your letter in reference to a loan of 40l."—he said "Yes, come upstairs, this is my house and furniture"—we went into a room on the first floor, and I showed him the leases of two houses—he perused them for some time and then said "I would rather lend you 50l. for six months, but it must be at 7 1/2 per cent "—I left one lease with him—he said that I was to go to his surveyor, the following morning, Mr. Foster, of Argyll Street—I asked if it would incur any other expense than the 7 1/2 per cent—he said "Nothing whatever, he will give you a cheque or a paper and you come down to me for the money"—I went to Argyll Street and saw Ruck, who passed as Foster—he said "We can get you the money, but you must pay us two guineas; we will send our surveyor down this afternoon at 2 o'clock;" and a man who is not here came—he appeared to be an ordinary labouring man—I believe I parted with a guinea before the surveyor came—he went to Lansdowne Place the same evening, and the man who came down was there—I went about halfway upstairs and said "You can have 200l. if you like"—Davis said that he was perfectly satisfied with the surveyor's report, and I was to go to Argyll Street next day and they would give me a cheque for 50l.—I did so and saw Foster, who said that nothing had been done nor could be till I paid the other guinea—I felt very much annoyed and did not like to pay it, and left the office; but I returned in ten minutes telling him that if he would give me a proper receipt for the 2l. 2s. I would pay him the other guinea if he would undertake that I should have the money on the following Monday at 11 o'clock—this was Saturday
—he gave me this receipt (produced)—I went on Monday for the 50l. and saw Ruck, who said that he could not advise Mr. Davis to advance more than 20l.—I said "20l. is not very much use to me, but I will take it"—he said "Will you consent to a bill of sale on your furniture?"—I said "No"—he said "We will send down another surveyor"—I said "You have already done so, and I shall certainly not allow you to do so again"—I called again at different times and found the door shut—when I parted with my 2l. 2s. I believed it was a genuine transaction.
Cross-examined by MR. OVEREND. I paid no money to Davis—Davis did not tell me that he obtained money through the Consolidated Credit Company, and through the banks—I had not a bill of sale on my furniture—when I was offered the 20l. I was required to produce my two last quarters, receipts for rent, and I declined—one lease has been returned to me from the office in Argyll Street, and I brought the other away myself from Davis's—Davis did not tell me that he had placed my loan before the London and Westminster Loan Company.
JOHN SPENCER . I live at 29, Percy Street, Tottenham Court Road—I saw an advertisement offering to lend money on personal security, and wrote a letter—I afterwards went to Argyll Street, saw Ruck, and showed him my lease—he passed as Foster, and said that I must pay a survey fee of 15s. only, as it was a short distance, and in the afternoon Davis came and said that he came from Foster and Co. to survey the premises—he was quite satisfied—he said that he could obtain the money for me, but I must pay a further fee of a guinea—I told him I had paid 15s. for the survey fee, and did not know why I should pay any more—he said that it was the office fee, and I paid him 10s. 6d. more, which he accepted—there was a man in the cab who he said would advance me the money, and I was to call at Foster's office the following Wednesday for a settlement, which I did, and found the office closed, and a notice put up, "Back at two"—I went again at two o'clock, and two or three times that afternoon, but no one was there—Jackson came the day after Davis, and said that he wanted to look at my stock—I said "I have not offered to give a bill of sale; what has that to do with it? you can see my stock; here it is"—when I parted with my 15s. I believed it was a genuine transaction.
Cross-examined by MR. OVEREND. Davis said that the man in the cab would advance the money—he did not say that he did business through the London and Westminster Advance Company, St. Martin's Lane, but I know that they passed my application on to the London and Westminster Office, who are quite willing to make me an advance, but I am not satisfied with their terms—I have known that company 20 years—they will advance 150l., and I want 250l.—they want a bill of sale, and I object to it.
Re-examined. I believed the statement in the advertisement that this man was willing to lend money on those terms—I could have gone to the London and Westminster Office myself.
EUGENE PRATT . I am a china and glass merchant, of 45, Jewin Street—I saw this advertisement, offering to lend money on personal security—I went to Foster and Co., Argyll Street, and saw Ruck, but he did not give me his name—I asked to see Mr. Foster—he said he could do the business himself—I told him I wanted 400l., and could give
my goods as security—he said he could do it, and asked me to come again the same day or the next—I went the same afternoon, and was introduced to Davis as Foster—I saw Ruck and Foster together—they said they must send a surveyor to value my goods, and his expenses would be a guinea which I paid, and a little man, like a workman, called a few days after—I went again, and asked them if the surveyor had seen my goods—they said "He went this morning, and if you are in a hurry you had better wait till he comes"—I called again several times, and they told me the surveyor could not get admittance, as there were some small expenses to pay, and if I would pay another guinea he would go—I went to the office several times, but they always made excuses—I went four or five days after, and found the place shut—I parted with my money believing it was a genuine concern.
Cross-examined by MR. OVEREND. I said that the goods I had to give as security were 600l. or 700l. in value, and they could have the whole lot if they liked—Mr. Kelly called at my place of business, but he did not inspect my stock—I had a partner—I believe I told him I desired to borrow on the partnership goods, which were at Hayes Wharf—they were not consigned to Mr. Dachet, of 5, Gracechurch Street, but to me—I wrote an order to the wharfingers—the person who came to 45, Jewin street said that he was a surveyor, but he did not give his name—Dachet was not to have any of the money; it was all for me—I gave him an order as he warehoused the goods for me—I gave the valuation to foster—I did not admit after a certain stage that the goods at Hayes Wharf were only worth 360l.; they were certainly worth more—I gave foster the invoice—the amount I made up certainly exceeded 400l.—I have got the invoices here.
MARY MCCLINTOCK I live at Barnes, and am the wife of Edward McClintock—I saw this advertisement, and wanting a loan of 25l., I went to 16, Argyll Street, and saw Ruck and paid him 10s. 6d. for making inquiries—I waited ten days, got no answer, and went again and saw Ruck and Davis—I never got any money and no inquiries were made—I wrote a letter requesting my 10s. 6d. back, but it never came—I believed it was a genuine office and that they were in a position to lend money.
Cross-examined. I know a firm of money lenders called the Alliance Reversionary Company, 9, New Bridge Street, Ludgate Circus—I applied to them for a loan as far back as May 6th—they made no investigation. (A letter was here put in from the secretary to the Alliance Company stating that they had gone into the witness's affairs and found that she had not a scrap of security but only an allowance from her husband, which he might take away to-morrow.) That is perfectly true—they said my security was not good enough because they only lent on property—I went again and the answer was that they had no answer and that I was a great fool to part with my money—I did not tell Foster and Co. that I had applied to the Alliance, but they wrote me a note sending me there—I have an income of 300l. a year—I was never asked to insure my life—I said I certainly would not give a bill of sale even if the furniture was my own.
EDWARD BLAIR . I am a grocer of Croydon—I saw the advertisement, went to Croydon saw Ruck, and applied for a loan of 20l. on my promissory note—he asked me for a fee of 10s. which I paid, but the surveyor never arrived and in a few days I went to the office again and they asked if I would deposit my lease as security—I said yes, if they increased the
loan to 30l.—they said that the expense of preparing the agreement would be 1l. 1s., which I afterwards paid, but they never lent me the money—I believed it was a genuine transaction when I parted with my money.
Cross-examined by MR. OVEREND. I deposited my lease with Davis and understood that he would advance me the money himself and not obtain a loan for me—he never mentioned the Consolidated Credit Company or the London and Westminster Advance Company—I saw an agreement drawn up between Davis and myself and read it—I have got my lease back; my solicitor obtained it from the London and Westminster Advance Company—I do not know that Davis deposited it with them to obtain a loan on it.
HOWARD DICKSON . I am a house agent of 16, Argyll Street—about the end of April I let a back room there to Davis at 30l. a year in the name of Davis, but the name put up was T. Foster and Co.—I understood he was a mortgage broker, and that somebody was going to take it with him, but the partnership fell through and he said he would take it himself—I saw Ruck once or twice with Davis, and I have seen Jackson, but never knew that he was connected with the office—an enormous number of letters came there—Davis remained in possession till he was taken in custody in July—the June rent was paid.
Cross-examined by MR. OVEREND. No rent is due—it was a respectable office, two rooms—he gave his bankers as a reference, and one of my clerks made inquiries which were sufficient for that purpose.
GUILTY . DAVIS and RUCK— Nine Month' Hard Labour each.
JACKSON— Four Months' Hard Labour.
MR. BESLEY Prosecuted; MR. ADDISON, Q.C., and MR. CRISPE Defended.
LOUISA TRESSOLAT . I live with my husband at 4, Margaret Terrace, Chelsea—I have been for some years owner of two French Rentes, one for 500 and the other 200 francs—they have coupons attached to them, which are payable every three months—the two bonds were renewed in 1881, through Mr. Bernhardt—in June, 1886, I went to Mr. Baum's shop, 207a, Piccadilly; it is like a money-changer's, and has "Baum Brothers" up outside—I had allowed them to cash the last coupon of the old bonds in April and June; June was the last coupon—he was then to send them to Paris and get new ones, and send them back to me, which he said would take him one, two, or three weeks—he gave mo this receipt (produced)—I received this letter from him: "Dear Madam,—he good enough to call upon us as early as possible on receipt of this. London, July 29th"—I wont and saw him directly; there were three or four other people in the shop, he was very busy, and then said to me "I have been robbed"—I said "Where are my bonds?"—he said "The large one for 600 francs is in the City, it is not lost"—I said "Where did you put it in the City?"—we spoke together in French, he took me to his solicitors, and said "I have pledged it for 10,000 francs"—I asked if he would give me any security, I was almost distracted—he said "Oh, if you make a noise you shall have nothing; give me time, don't say anything, and you will have your money; we are going to take a great establishment"
—I made an appointment with him for next day, but he did not come—I then went to the French Consul and asked for a French solicitor—the prisoner wrote this letter in my solicitor's office and presence and gave it to me when I found I could not get my bond back—I sent my French advocate with it to Mr. Kuhl—it was given to me on 29th August and is dated 27th August. (This stated: "We hereby request you to hold at the disposal of Madame Louisa Tressolat the bonds you have in advance of the payment made by us to you on security of the said bonds.") My advocate then saw Mr. Kuhl—the prisoner said the smaller bond had been lost, it was robbed—I said "Give me the large one"—he said "It is in the City"—I went again next day; he seemed very indifferent at seeing me, and said "You can do what you like"—I then received this letter from him: "I shall call and see you to-morrow afternoon; please be patient, I am doing my utmost to keep the business going, everything depends on that; the police have hopes of tracing the thieves. I am, madam, yours truly, BAUM"—on the 7th he called on me and said he had come like an honest man to bring me a few pounds, but never said what—I said "No, I have seen a French advocate, and am going to tell him to proceed"—he never showed me any money—he never had any authority to pledge this bond of mine.
Cross-examined. The coupon is payable on 1st October; it was of no use to me before that—the changer who sent my bonds to Paris before this did not take two months in getting them back—he had them some months because I gave thorn to him to keep for me, as I knew they were as well with him as anybody else—I had never had any transactions with Mr. Renard before April—when I went in answer to the letter I found him in a great state of agitation about the robbery—they offered me a promissory note, but I do not understand them, and would not accept one—I don't recollect his saying he was anxious to carry on the business, and would find my money in time if allowed—Monsieur Paul Lock was my advocate—it went on for three weeks—I thought at the time he had no intention of robbing me, and I said so before the Magistrate, but when he didn't pay me I began to fee' that, and on 12th August I went to the police.
ARNOLD KUHL . I am a foreign banker, trading under the name of Kuhl and Co., at 16, Cornhill—on 19th July I received this French bond (produced), just as it is now, with this letter—the coupons begin in October 1886, and then go on for four or five years—the bonds pass from hand to hand. (Letter read: "July 19th. A. Kuhl and Co. Dear Sirs,—Enclosed we beg to hand you a bond, French 6 per Cent., 98975, value about 560l., against which we require a loan of 450l. for one month.") I gave him our receipt; 2l. was deducted for a month's interest—he was bound to repay us on 1st August—I have not seen my receipt, he says it is stolen—the documents of 27th July came to my office through a French advocate—I have not had any of the money back, and consequently I hold the bond.
Cross-examined. It is payable to bearer—they pass from hand to hand like bank-notes almost, and if the bearer desires to get himself inscribed "Nominatif" he may do it—I have known the defendant 16 years, and we had a great many transactions with him in money-changing, and some transactions of this kind—he bears the highest character as a respectable, honest man—I have had short loan transactions with him,
on securities for a week, fortnight, or a month; he has always redeemed them and taken the bonds back—this was a busy time with moneychangers—during the tourist season we have a demand for foreign money—I would have lent him 500l. on them.
Re-examined. 500 francs is 20l. a year—the bond is worth 560l. at the present market value—I got 5 per cent, for the loan—I did not suppose for a moment that the bonds did not belong to him.
WILLIAM TIRRELL . I am a clerk in the National Bank, Limited—Baum Brothers have an account there—it appears by our stamp that that cheque was paid on 9th July, and on that day Baum Brothers drew out 400l.—I paid five 20l. notes, ten 10l. notes, twenty 5l. notes, and 100l. in gold.
Cross-examined. There was nothing extraordinary in the transaction; Mr. Baum has always done his business in that way for 15 years—he was in good reputation at our bank.
JOHN CONQUEST (Police Inspector C). On 27th July, shortly after 9 a.m., Baum made a complaint to the police of loss of property—I went to the shop and found an iron shutter to the door, but none to the window, so that the gas left burning showed into the place—there were no marks of an entry, and no marks on the shop door—in the shop I found an iron safe, which was in full view of the shop window; there was an inner safe inside that—there were two locks to the outer safe, which required separate keys, and two keys to the inner one; they were all different—the prisoner showed me six keys on a bunch—he said he had lost money from the inner safe, but I found no marks of violence on the outside—he gave me a list of the property stolen, but no mention was made at that time of either the 500-franc or the 200-frano bonds—the first I heard of them was when he was in custody, and Madame Tressolat came to the station—I got the numbers of the notes he got from the bank from the manager, and some of them have been traced, but some have not yet gone in—those I have traced are not included in the list of property stolen—I did not add in writing "To furnish bonds" at the end of the list at the prisoner's request, but at the prosecutor's request—I took the prisoner on a warrant; I read it to him, and he said, "soon after the robbery happened I sent off the office lad with a letter to Madame Tressolat, asking her to call upon me; she came, and I told her the circumstances of the robbery; I took her round to my solicitor, Mr. Robertson, and again explained the matter to her; I promised if the money stolen from me were not recovered I would work for her till it was paid"—after he was charged he said, "I have committed no fraud upon anybody, I have not got a farthing of the money, it was all stolen by the thieves who robbed my place"—I was in communication with him daily up to the time he was taken—I said that there was some chance that I could trace the thieves—I still have hopes of tracing them—he gave me no explanation of the thieves getting possession of the keys, but from what he said I thought it likely they had got into dishonest hands; he had been careless with them in laying them about, and trusted them to a lad in the office—the police pass this shop in Piccadilly, I think, every five minutes.
Cross-examined. I and the sergeant first had notice of this robbery, and we have had the matter in our hands ever since—I know of one robbery in the neighbourhood similar to this—I have no doubt whatever
that this was a genuine robbery, and we still have hopes of tracing the thieves; it is being inquired into now—where there is a sham robbery there is invariably something to show that it is not a genuine robbery—it was possible for anybody to be in the shop without being seen—this list was supposed to be a list of the securities in the safe, but it came in two or three different pieces—this second coupon was not mentioned until after he was in custody; one of his assistants told me of it then—he was robbed of property to the amount of between 1,500l. and 1,600l.—as far as I could trace the notes, they left the place of business before 27th July, and then got into circulation—I am at Vine Street Station; I have not been there a great while I was at Scotland Yard before that—Sergeant Bowden can tell you more about the reputation of the money-dealers than I can—all I have heard is in favour of Mr. Baum's respectability.
Re-examined. After dusk a person might be concealed, and operate on the safe, and a person knowing the shop well would be better able to do that—I know of a similar robbery.
By the COURT. The gas is lit as soon as they leave the premises, and they left two hours before dark at 7 o'clock—the gas would be a hindrance in looking into the shop by daylight.
Witness for the Defence.
HENRY JOHN ADAMS . I have been clerk to the defendant two or three years—he carries on a foreign exchange and bank—I cannot tell how the robbery occurred; I discovered it on the morning of the 27th—I should say the value of the securities and property in the safe the night before was between 1,500l. and 1,600l.—the different lists were prepared by me—the money we receive is paid in the ordinary way into the bank—July, August, and September is a very busy time in exchange; there are so many people going abroad then—I tried the safe on the night of the 26th when I left; Mr. Baum and I left together—he came first in the morning, and I arrived there about 9.30; that is my usual time—I then heard of the robbery; the police were there then—I have my books here to show that the 450l. was passed in—the notes that were exchanged were paid out in the business.
Cross-examined. The 1,500l. or 1,600l. was not mostly in jewellery; it was chiefly foreign and English notes and securities—I keep an account in the stock-book when foreign moneys come into my possession—Mr. Baum has not got two bankers—he has not an account at the Bank of England; his bankers are the National Bank, Charing Cross—his balance there on the evening of the 9th July was about 43l.—he was not urgently in need of money for the business—it was the ordinary course of business to take out 100 sovereigns—it was not usual to keep much balance at the bank, the money can be used better in the loan business—he could make use of this money for a month—that 5l. 11s. 7d. interest in June was on a loan from the bankers of about 250l. on some private bonds—on 30th June, after paying a half-year's interest, there was 4l. 18s. left—he did not to my knowledge get another loan of 250l. on 6th July; that 250l. is cash paid in—you will see I paid in 150l. drawn against notes—he has never to my knowledge applied to the bankers for a loan and been refused—he did not apply to them instead of pledging another person's property—I did not put the other bond down in the list—the two bonds came over from France on 6th or 7th July—I have no entry of that, but I have the letter—we have not pledged other people's bonds before.
Re-examined. I was in the bullion business before for seven years in the West End—so far as I can judge this business was conducted in a straightforward honourable way—we transact the foreign money business of the northern branch of the Bank of England, and also the Union Bank, and the Stock Bank, and the Alabama Bank—Mr. Baum has a family and a sister, and is a very hard-working man—I remember seeing the second bond on the morning the robbery occurred; it was in the same box, but the reason I omitted it was because it was not down in the stock-book.
By MR. BESLEY. I said at the station-house "It is not a usual thing to pledge customer's bonds, it has been done in one instance previous, perhaps twice"—we had transactions with Mr. Cole, but not raising money on other people's property.
The prisoner received an excellent character.
GUILTY.— Judgment respited.
THIRD COURT.—Monday, September 20th, 1886.
Before Mr. Common Serjeant.
NOT GUILTY .
MR. BUCK Prosecuted; MR. SALTER Defended.
OSCAR BORNE . I am a journeyman tailor living at 31, Harcourt Street, Marylebone—at 20 minutes to 11 on 25th August I was coming over the Warwick Road Bridge along the Harrow Road in Paddington when the prisoner caught me by the back of my neck—I turned and had a good look at him; he said, "Give me 2s."—I said, "I have not got it"—he said, "If you don't give me 2s. I shall throw you into the cut"—that is the canal over which the bridge is carried—I said, "Don't do that"—I put my hand into my pocket and pulled out 7 1/2 d., all I had with me—he took it and said, "I must have 2s."—I said, "I have not got it; if you will come with me to my lodging I will give you 2s."—he asked where I lived; I told him and we walked together—in the Edgware Road I saw two policemen—I told them what had happened; they walked to the prisoner and told him what I had said; he made no answer—they took him in charge to the Harrow Road Police-station—I gave him the 7 1/2 d. because I was frightened by his threat; I did not see anybody else with him, but I did not know if he might not have some one else close by—I had seen him before that night in the urinal at Paddington Green; I am quite sure he is the same man—no conversation had passed between us then.
Cross-examined. I was born in England; my father is a German—I do not know my way about there much—I had been for a walk alone—as we came along people passed us—I saw nobody in the street at the time he threatened me; I could not say whether there was anybody or not—I had passed some people shortly before—I did not call out; the prisoner had
nothing in his hand, no walking stick—he immediately let go of my neck when I turned round, he did not hurt me—he simply said, "Give me 2s." and then I told him where I lived and offered to give it to him if he came to my lodgings—we went side by side—he said, "Let us go through Fulham Place," and we came through Fulham Place and St. Mary's Terrace, I think, and across Paddington Green to the Edgware Road, where I gave him in custody—we passed hundreds of people; I spoke to none of them—I left the prisoner standing in the middle of the road while I told the constables what had occurred, and he walked up to the prisoner, who did not attempt to run away—the prisoner did not repeat his threats when I was walking with him; he only used bad language—he said, "A b—fine way this is to come"—I said, "I will pay you your fare back"—he said he lived at one of the turnings on the other side of Warwick Road bridge—I said, "I think the fare will be 2d. to Bishop's Road"—I thought that would make him leave off swearing, but he swore all the way—my wages are 6s. or 8s. a day—I am single—I had seen the prisoner with another man in the urinal at Paddington Green that evening—they said nothing to me but looked at me very hard, and I looked at them; I could not make out what was up when they looked at me so hard—I was not thinking about them afterwards, but immediately the man spoke to me I recognised him.
Re-examined. I was frightened when he threatened to throw me over the bridge—I had seen no policeman till I saw the two to whom I gave him in custody.
By the COURT. I walked with him for about ten minutes.
EDMUND STEADMAN (Policeman F R 18). About 11 o'clock on the night of 25th August I was on duty at the corner of the Harrow Road with another constable—the prosecutor came to me and pointed out the prisoner, who was standing in the middle of the road against a lamp, and made a complaint against him—I went with the prosecutor to the prisoner; the prosecutor said, "This man stopped me on Warwick Road bridge and said, 'Give me 2s. or I will throw you into the cut'"—I said to the prisoner, "You hear what is said"—the prisoner said, "Yes"—the prosecutor said, "I shall give him in charge"—I took the prisoner into custody—he made no other statement to me.
Cross-examined. I saw the prisoner and prosecutor coming along together—the prisoner did not attempt to run away or resist me.
The Prisoner's Statement before the Magistrate. "I never did it."
GUILTY on the Second Count of obtaining money by menaces. He then
PLEADED GUILTY** to a conviction of felony in December, 1883.— Eighteen Months' Hard Labour.
MR. METCALFE Prosecuted; MR. ST. AUBYN Defended.
WILLIAM HODGE . I am a wholesale bookbinder, at 6, New Street Square, Fleet Street—on Friday night, 13th August, at 10 o'clock, I had just passed through the arch at the end of Sardinia Street into Lincoln's Inn Fields, when several men set on me, hustled me, knocked my hat over my eyes, tore my watch away from the chain, and threw me face downwards into the road from the footway, about six or eight inches—I could not see the faces of any of them—I have not seen my
watch since—the chain was not taken—the pin and ring were left behind, the pin coming away from the watch—as soon as I could I got up—I was hatless—I picked up a hat I saw, but it was not mine—I gave it to the constable—I found my own—I was very much hurt by the fall—my ankles were hurt and my knees very much bruised, and the skin of one broken; one arm was strained—I went lame for a fortnight—I can't gay if this is the hat I found.
Cross-examined. There seemed to be six or eight people—it was a dark archway I had passed through—there was a gaslight in Lincoln's Inn Fields.
THOMAS MACK . I help my father, a builder, and I live at 2, Chapel Road, a turning out of Sardinia Street—about 10 o'clock on 13th August I was in Sardinia Street—I saw Mr. Hodge fall—I did not see any people about at the moment when he fell, but the prisoner ran past me very fast with something very much like a watch in his left hand—he had no hat on—I have known him ever since I can remember, and am quite certain he is the person—he came from the direction in which I saw Mr. Hodge fall—Mr. Hodge was just getting up when I went to him—I helped to brush him down—I told him a name—I gave him my name as well—he had a hat like this in his hand. (MR. METCALFE stated that at the police-court the prisoner had said when the witness was giving evidence, "It was such a dark place he could not have seen.")
Cross-examined. There are two lamps within five or six yards; it is not a very light place—when he ran past me the light was right on his face—I have never been charged, nor in trouble—I have lived not a stone's throw from the prisoner ever since I can remember—I only saw Mr. Hodge and the prisoner and another man there—the prisoner was not a yard from me when he passed me; he almost touched me—I did not speak to him—I gave the name of the other man; I knew him by sight—I saw it was something like a watch by the shape of his hand—I am very nearly sure about it.
Re-examined. I have seen the prisoner about the neighbourhood ever since I can remember—he is no friend of mine—the prisoner's hand was round the watch—I thought it was a watch by the shape of his hand, and because I saw something glittering—he ran straight for me; I thought he was going to hit me.
THOMAS PARTRIDGE (Detective Sergeant). On 13th August I was informed about this case, and had the prisoner's name and description from Mack—on the 17th I saw the prisoner in Little Wyld Street with four others—as soon as he saw me he ran away as fast as he could; the others stood still—on 18th August, at 3 p.m., I heard he was in Little Wyld Street—I left a constable at one end of the street and went to the other end myself, and as soon as he saw me he ran up to the other end into the constable's arms, where I went and found him—I told him I should take him into custody for being concerned with another in stealing a gold watch from a gentleman and assaulting him at the same time—he asked me before I could tell him "When was it, Friday night?"—I said "Yes"—he said "I can prove I was on the Seven Dials at the time that was done"—after that he said he was at the Mogul Music Hall; that is in Drury Lane—at the station he said "It was not me snatched the watch; it was Bill Macalacot."
Cross-examined. I know the last witness and his father—he has never
Leen in trouble to my knowledge; he has been at work at Lambert's, the coach-builder's, for live years, and is there now; his father is there too.
The Prisoner's Statement before the Magistrate. "There is a man in the Court who saw me at the Mogul. I am innocent."
CUILTY. **— Six Months' Hard Labour, and to receive during the last week twenty strokes with a birch rod.
MR. MOYSES Prosecuted; MR. WARBURTON Defended.
JAMES HENRY FOGG . I live at 41, Gladstone Road, Wimbledon, and am a publican out of business at present—my daughter, Alice Fogg, was barmaid at the Black Swan, Russell Square—she was born in March, 1869, and will be 18 next March—on Sunday evening, 2nd August, I came to town with reference to her having left the Black Swan—I found out the cabman who drove her from the Black Swan, and I found my daughter at a coffee-shop in Rupert Street, Haymarket, with the prisoner—I told the prisoner I was very much surprised at his taking my daughter away from her situation and not bringing her home—he simply laughed and said "I don't mind going to Vine Street; I don't mind doing two years' imprisonment, as it will save wearing my own clothes out"—he was then charged—I afterwards went with the constable to a coffee-shop in the Waterloo Road; he went in, I did not—I found some of my daughter's clothes at 8, Crawford Street, in a very dirty back room—my daughter went away without my consent and knowledge—I had seen the prisoner once previously—on the road to the station he said to my daughter "Alice, when we get to the station you will know what to say to the police."
Cross-examined. My daughter had been quite six months at the Black swan—she had been to see me two or three times—I live at Wimbledon—I did not know she had left the Black Swan till I had a letter from Mr. Ruscomb.
HARRIET LEVY . I am single, and help my parents, who keep a coffee and dining-rooms at 110, Waterloo Road—about midnight on a Tuesday, about three weeks or a month ago, the prisoner came with Alice Fogg and inquired if he could have a bed for himself and his wife for a week—they had a bedroom, and stayed Tuesday night, all Wednesday they were out; they stayed on Thursday night—the girl had a parcel, the prisoner had no luggage, they said it was at the station, they had just come by train from the country.
CHARLES GETHER (Police Sergeant C). I saw the prisoner at Vine Street Police-station on the evening of 30th August; the girl's father brought him there with her—I said in their presence to the prisoner "This girl, Alice, says she has been sleeping with you, she says she slept with you on Tuesday, the 24th, and again last night," meaning the 29th—he replied "Yes, that is so; she is my sweetheart, and what she says is true; I did sleep with her last Tuesday and last night, but no harm has, happened to her; I had paid great attention to her; I have paid for her food and lodging, and shall always do so; I have told the missus where she was lodging in Rupert Street to take care of her, and I should
have paid her, and I mean to take care of Alice"—he was charged, and when the charge was read over to him he said "She told me she was 18 years of age."
MR. WARBURTON submitted that Section 7 of the Criminal Law Amendment Act, 1885 (48 and 49 Vic. c. 69), being framed in the same words as those of the enactment relating to the abduction of girls under 16 (24 and 25 Vic. c. 100, s. 55), with the exception of the difference of age, and the addition of the words "with intent that the girl should be carnally known," it was necessary to prove that blandishments were held out to the girl by the prisoner to induce her to go away, and that she was taken out of the custody of her father. (Q. v. Olifier, 10 Cox, 402; Q. v. Hibbert, L. R. 1., C. C. R. 184; and Q. v. Miller, 13 Cox, 179.)
MR. MOYSES contended that decisions under the old Act were done away with by the new statute.
The COMMON SERJEANT, having consulted with MR. JUSTICE WILLS, ruled that the authorities cited clearly applied to the present case, and stated, that, there being no such evidence in this case as these authorities required, he should direct the Jury to return a verdict of
NOT GUILTY .
OLD COURT.—Tuesday, September 21st, and Wednesday, 22nd, 1886.
Before Mr. Justice Wills.
MR. DOUGLAS Prosecuted; MR. PURCELL defended Philps, and MR. KEITH FRITH Knight.
GEORGE BURTON . I am a hardware manufacturer, and live at 232, St. John Street—on 24th August, a little after 3 o'clock, I was near Turnstile, at the north-west corner of Lincolns Inn Fields, going towards Holborn—I had a watch in my waistcoat-pocket, with a chain, which was visible—just as I was crossing the top of Little Queen Street six or seven young fellows came from a court or small street and crossed to where I was—they were jumping and larking, I thought they had been drinking—I tried to get out of their way, but the more I tried the more I got in their way; they surrounded me, back and front, and took my watch out of my pocket—Philps took it; he stood right on me, so that I could not move—I saw his face, his is the only face I could recognise—there was no more violence beyond hustling me—after the watch was taken they all ran away down Little Queen Street—I did not follow them, I called out to three gentlemen who were on the other side of Queen Street, and showed them my watch-chain, and said "Those men have taken my watch"—one of them ran after them; I stood still, I was thoroughly paralysed—I have not seen that gentleman since—the witness Treacher came up after the police came, but I did not notice him at the time—the police took me to the station—next day I was taken to the station and there saw a number of men together—I had a presentiment that the three prisoners were three of the seven, but I could not swear to them—I picked them out as three of the men—I am quite satisfied now that Philps is the man that took my watch—when I saw his full face I did not recognise him, but at Bow Street I was sitting behind him when
he was in the dock, and I saw his Ride face, and I was then satisfied that he was the man—I can't swear to the others.
Cross-examined by MR. PURCELL. The seven or eight men surrounded me at once—I was not thrown on the ground—the man who had the watch darted off immediately; it was all the work of an instant—I could not give any description of the men.
Cross-examined by MR. KEITH FRITH. I never saw the witness Teacher before this—I have seen him since, he has been to me and asked for money—he said he had lost his employment through being a witness in this case—I made inquiry, and found that to be untrue—I understood that he was discharged for being short in his accounts and not being able to agree with the others in the employ—I did not give him any money, I never give any—he asked me for money to assist him to go home one night about a week after the robbery.
ARTHUR BENHAM TREACHER . I am now out of work, and living at homo at Barnet—at the time this occurred I was a warehouseman at 174, Drury Lane, and lived in the house—I left a fortnight last Saturday—on Tuesday 24th August, I left our place about a quarter-past 3, it must have been close on half-past—I was going with some things to High Holborn—I went up Parker Street, which leads into Little Queen Street—as I was just turning the corner into Parker Street I met eight or nine men running; they were all calling out "Fire!"—one of them nearly knocked me over; I was carrying a heavy basket on my back—that man was Knight—I had seen him before lots of times—I also know Magrath—I only knew them by sight by loitering about, I never spoke to them—I have seen them nearly every day, sometimes in company, sometimes by themselves, sometimes with a lot more—after they turned the corner I met the prosecutor; he showed me his chain—there was no policeman ear—next night" about half-past 11 o'clock, I went with E 97 to a house in Neale Street, turning off Seven Dials—he told me to go inside, and directly I got in I recognised Knight, and the constable came in and took hint into custody—I told him that was the man that knocked against me—on Thursday I went to the police-station and picked out Magrath from nine or ten—I could not recognise Philps.
Cross-examined by Magrath. It was about half-past 3 that I saw you running—I did not say before the Magistrate that it was 10 minutes to 4, I said I could not say the time for two or three minutes—I have seen you scores of times loitering at the corner of the Dials—I saw you there on the Friday before the robbery—I have seen you talking to Phelps and lots more.
Cross-examined by MR. KEITH FRITH. I was warehouseman to George Turner, a large grocer—I did not go to the prosecutor after the robbery and ask for money—I did not ask him for money on the ground of having lost my employment through giving evidence in this case—I never asked him for money at any time—I certainly told him I had lost my situation, and one of the reasons was through this case, as my master would not allow me to come to the Court—I did not leave through being short of my money, I never was short of a farthing—I have never given information to the police, they do not call me a policeman's nark—the fellows where I work have chaffed mo about this matter—I have never been called that—I have never had a farthing from the police—I think Knight was dressed as he is now—he had a red scarf round his neck.
Re-examined. I left my employ because my master and I could not agree—he did not tell me I was short 2s. after I left my situation—I was thrown entirely on my own resources; I had no money, only my week's wages—I told the prosecutor how I was situated, but I never asked him for money—he said he would repay me for my trouble and loss of time.
WILLIAM COSTER (Policeman E 97). On Wednesday, 25th August, I went with Treacher to a public-house in Neale Street, Seven Dials—he went in and pointed out Knight as a man he had seen running away on the Tuesday—I took him into custody, and told him it was for highway robbery in Lincoln's Inn Fields the day before—he said, "I will go with you."
EDWARD MOTT (Policeman C). On 25th August 1 was with Policeman Coucher on an omnibus in Holborn, and saw Philps and Magrath attempting to open a lady's handbag at the corner of Chancery Lane—we got down and followed them for about 20 minutes, and arrested them and took them to the station, and this charge was afterwards brought against them—I was at the station when Mr. Burton identified them—they were placed among eight or nine men; Mr. Burton came in, and looked along and said, "That is the one that took my watch," meaning Philps—I do not think he said anything about the other two.
By the COURT. I did not take Magrath and Philps in custody at the time I saw them trying to open the lady's bag, there were four of them together—I did not know them before—after that I saw them open a lady's handbag and take a purse out, and then we arrested them.
NOT GUILTY .
PHILPS PLEADED GUILTY .
MR. DOUGLAS Prosecuted.
ESWARD MOTT repeated his former evidence as to stealing the purse, and added: When Magrath took the purse I ran up and laid hold of him—he struggled violently for about five minutes, and kicked me, and in the struggle he threw the purse on the ground—it has not been recovered—the lady called out, "Oh, they have got my purse"—I seized Magrath; Couchman seized Philps—the lady was very excited; she came to the station: she said her purse contained a 5l. note, 2l. in gold, 8s. in silver, and 2d. in coppers—she has gone away to Hamburg—they were charged at the station, and made no reply—the other two men got away.
Magrath's Defence. I am innocent of the charge, and Philps can say so.
MAGBATH— GUILTY .
MR. DOUGLAS Prosecuted; MR. PURCELL Defended.
KATE MILLS . I am servant at the Three Compasses in High Holborn—on Wednesday, 18th August, I was in St. Andrew Street, Long Acre, between 3 and 4 o'clock in the afternoon—as I was looking into a paper
shop a policeman came and spoke to me—I felt in my pocket, and missed my purse containing five pawn-tickets worth 15s. 6d.—I had noticed Magrath looking me very hard in the face about three minutes before; I was pushed against the window, and he went away.
Cross-examined. I had brought out my purse with me—I had a little boy with me—I have not seen my purse again.
WILLIAM READER (Police Sergeant E). On 18th August, a little after 4 o'clock, I was in Broad Street close to St. Andrew Street, and saw the two prisoners and another man pushing behind Miss Mills at the window—I saw Magrath withdraw his hand from her pocket—I crossed over; they went hurriedly up Neale Street—I spoke to Miss Mills, and followed the men as far as Short's Gardens; they kept looking round—I got within about three yards of them, and they bolted down one of the courts, and I lost sight of them—I was on the look-out for them—on the 25th I saw the prisoners brought to the station, and said, "I have a charge against these two men."
GUILTY .†PHILPS— Thirteen Months' Hard Labour. MAGRATH— Twelve Months' Hard Labour.
946. JOHN EDWARD PRICE, Unlawfully converting to his own use 59l. 14s. 1d., of which he was trustee. Second Count for appropriating two sums of 9l. 5s. 2d. each, given for charitable purposes. Other Counts for appropriating other sums received by him as churchwarden on 18th December, 1882, and on other dates.
MESSRS. BESLEY and TICKELL Prosecuted; MESSRS. GRAIN and HEDTALL
HOWARD MORRIS . I live at 22, Grove Hill Road, Denmark Park, and am a clerk to William Robinson and Co., of 18, Charterhouse Square, solicitors to the St. Sepulchre's Vestry—William Howard Robinson, one of the firm, is vestry clerk of the Middlesex portion of the parish; there is a City portion as well—there is St. Sepulchre's Without and St. Sepulchre's Within—we have in the Middlesex part two churchwardens, a senior and a junior, and the other side have three—the senior churchwarden manages the money matters, and also receives sums of money for the expenses of the church from the treasurer, Mr. Henry Munday Clark—he is appointed by the Vestry; I can't answer whether that is under an Act of Parliament, I should think it is by old usage; he has been treasurer 16 years, to my knowledge—I have the Vestry minute-book here, and I find under date of 19th April, 1881, that Mr. Price, the defendant, was elected senior churchwarden of the parish of St. Sepulchre, Middlesex side—he was duly sworn in in my presence—I also find Mr. Price was elected for the years 1882-3-4, and 1885, and on 27th April, 1886, Mr. John Hayes was elected in his stead—before 1881, preceding Mr. Price's election, Mr. John Larkin was churchwarden—I have a resolution here, passed on 27th March, 1883, appointing Mr. Price trustee of a fund called Roberts's Fund. (This was headed Roberts's Gift, and stated that Mr. Price and Mr. Dunn were appointed trustees of the fund, and ordering the same to be transferred to their names.) I have the attendance-book of the Vestry here, and I find Mr. Price was present at that meeting; it is signed by him—the gentlemen present put their names down—it was necessary to transfer the fund to the names of the new trustees; I attended to that and had it done, Mr. Price was one of them
—I have the deed of gift before me which originated Roberts's Trust—it is dated 13th October, 1795; it comes from the keeping of the churchwardens, in the archives of the Vestry—it is entitled "Deed of Joseph Roberts to the Vicar and Churchwardens of the Parish of St. Sepulchre's, Middlesex," and is between William Thomas Roberts, of the one part, and the Rev. Richard Dickinson Shackleford, the vicar, and Peter Dunkley and Joseph Wood, churchwardens, of the other part, and gives 200l. to be invested in Government securities in the purchase of Three per Cent. Government annuities, for the use of the poor residing in the parish of St. Sepulchre—the dividends are to be collected and laid out in coal for the poor—I find that that sum was afterwards added for by Mr. Roberts's family upon the same trust—the present trust of 639l. includes that 200l.—it was the churchwarden's duty to keep an account of the money he expended, and Mr. Price had a special book for that purpose—he orders the coal, and I think it is paid for out of the parish funds—I did not attend the audit; the minute-book does not show when the last audit was—this (produced) is Mr. Price's book; it begins in July, 1881, the year he was elected churchwarden—it was audited on 29th March, 1883, but not since, to my knowledge—I have written him several letters with reference to that, and before that I had a conversation with him with reference to the accounts; he attended once and could not make up his accounts, and ultimately he asked me to do them for him—for the purpose of doing so I got some documents from him, and amongst them were some vouchers—this is a written statement and voucher in his other book—from them I made up this account—I began from 30th June on the receipt side—the accounts brought forward on 30th June, 1882, are 104l. 5s. 7d.; that is not taking into account 59l. 14s. 1d. which it is said he received from Mr. John Larkin—I find that down to 20th June, 1884, the prisoner received sums amounting to 642l. 7s. 5d.—the payments out down to 30th June, 1884, were 400l. 0s. 9d., and the receipts to the end of June were 661l. 2s. 5d., and the balance on 20th November, 1885, was 261l. 1s. 8d.—I find from his book that since that date he has drawn six cheques, one on 21st October, 1884, for 30l.; one on 20th December, 1884, for 30l.; another for 30l. on 2nd February, 1885; one on 19th March, 1885, for 65l.; another on 23rd March for 20l.; and another one on 23rd May for 20l.—I find also that on 25th August he received his balance of tithes, 64l. 2s. 10d., and on 11th January, 1885, he received two dividends on Roberts's fund, one for 9l. 7s. 10d., and the other, 9l. 6s. 2d.—they are entered in his writing in his book, "Roberts's Gift, coals"—I got the date of 11th January from his statement—the auditors had no vouchers, so they would not pass the accounts, but I treated it as if he had paid it.
By the COURT. I made it up from his figures, and there are a number of figures which there are no vouchers for, and which amount to about 79l.—the balance at the end of the account of 30th June, 1884, is 324l. 15s. 10d.—the defendant has not paid any portion of that to me.
Cross-examined. I debit the defendant with balance of tithe 64l. 2s. 10d.—I should say I got those figures from Mr. Clark; it is not in the papers before me—with the knowledge I have I should say that the defendant received that sum on that day, but I cannot say of my own knowledge—I attended the Vestry meetings before the defendant was in office—I do not think all the churchwardens have kept a separate banking account
—I suppose they would give their own cheques when they had payments to make, or pay cash—there are a great many petty payments as well as large items in the accounts I copied out—there are whole pages with sums of 2s. each.
Wednesday, September 22nd, 1886.
HOWARD MORRIS (Cross-examination continued). I have before me the papers referred to yesterday, and am prepared to say that Mr. Price received 64l. 2s. 10d. on 24th August—I had his permission to prepare his accounts—I have seen the vouchers and seen the cheques—I do not know whether I have seen that cheque—I have seen the receipt—this (produced) is the voucher I saw, signed by Mr. Price—I can't say that I have seen any cheque for that amount—I can't say whether it was paid in one sum or a dozen—I think I can say that it does not include items prior to 24th August—the tithes are received by Mr. Clark, the treasurer—I think he usually pays that over by cheque—this receipt was produced to me when I made up the accounts, not by Mr. Price, by Mr. Clark, not during the police-court proceedings, before, while I was making up Mr. Price's accounts—this is the receipt: "August 24, 1885. Received of H. M. Clark, treasurer of tithes, 64l. 2s. 10d., balance of tithes as per vote at Easter Vestry. Signed, John Edward Price, churchwarden." On 20th June, 1884, I find an entry on the debit side. "Collection Easter Tuesday, annual dinner 18l. 15s." That is debited to Mr. Price—I think that is in his handwriting—there is no date in Mr. Price's book—I have not guessed at these dates—I have here a copy on a fly sheet where he says: "June 20th, 1884, 18l. 15s." I suppose that was where I got the date from; that is in his own handwriting—the greater part of this account is made up from his own information—on February 18th, 1884, there is an entry of 20l. debit—that is an amount that Mr. Collier received—Mr. Price authorised me to make out his account, and I got information from Mr. Clark, who told me that on February 18th he gave Mr. Collier 20l.—I never saw a cheque representing that amount endorsed by the prisoner—that entry is made up from a statement by a third party—on 18th April, 1883, there is entered on the debit side 71l. 12s. 3d. from Mr. Clark—in Mr. Price's book it is under date of March 7th, 1884, but in his fly leaf it is under date of 1883 for tithes—I did not test that through Mr. Clark; I saw no cheque of his—that is put down from information from a third party—the Vestry appoint three auditors yearly in the Middlesex portion of the parish—they are appointed for the purpose of auditing these very accounts—there has only been one audit since Mr. Price was appointed churchwarden—that was on 27th and 28th March, 1883—the auditors are always members of the Vestry, but they are generally nominated from out of the Vestry—I have never seen an audit carried out; it was no part of my duty to be there—some litigation arose between the two parishes as to matters connected with the church, and it went into several Courts; there was considerable heat between the two sides, Mr. Price taking a prominent part on one side, and some other gentlemen on the other—the litigation was between the inner churchwarden and the outer churchwarden—the two sides of the church were fighting one another—it was about the architecture of the church—it was an infringement of a faculty, I think, before Dr. Tristram—in some cases Mr. Price was plaintiff and in other cases he was defendant; there were several points discussed—Mr. Price's side lost in some instances—I don't know
that his costs were 335l.—Roberts's gift is 18l. odd after deducting Income Tax; that amount has always been added to, sometimes doubled—Mr. Price paid for the Vestry dinners—it was his duty to provide for them—it was paid out of the general funds; he would order it, and pay for it—he was looked to as the responsible party—the last payment for coals was in March—when Mr. Price was called upon to render his accounts ultimately, he gave me all these papers, and said that those were all he could find at present among his very numerous papers—I know that he was deeply engaged in literary work with reference to a History of Gnildhall, &c.;—the papers and memoranda he gave me were very much confused; they are all here—Hilliard was beadle; his salary was 10l. a quarter—I find here 10l. entered on 25th June, 1883—I do not find by these accounts that Hilliard was paid any salary between June and September, 1883—I know Hilliard's writing; this receipt for 10l. due at Michaelmas, 1883, is signed by him—I have not given Mr. Price credit for that, because I do not find it in his statement; he is entitled to credit for that—there is a Bible Charity account; it is "Fenner's gift of Bibles" distributed every year to children—it would be Mr. Price's duty to buy the Bibles—he bought them of Mr. Hodgson, of John Street, West Smithfield—there is an amount of 8l. 15s., paid on 20th March, 1886—that was paid after being pressed for it, but it should have been paid in 1884—that would reduce his balance—I have some evidence as to Mr. Price having practically given up his duties for one or two years when he was engaged upon the History of Guildhall for the Corporation, and that Mr. Collier acted as his deputy—I don't know that that was practically the case; they may have had a mutual arrangement—since I made out this account I know that Mr. Collier made that payment, the money coming from Mr. Price—I have never gone through his pass-book—I don't know whether Mr. Collier is here—from information from Mr. Collier Mr. Price made considerable payments to him during the time he took the duty of dispensing the money—I find on 12th February, 1883, a cheque by Mr. Price of 18l. 15s. 4d. to Mr. Collier—that is made up of three accounts, for Vestry refreshments, some gift, and distribution of coals—I have credited Mr. Price with that amount—I find in Mr. Price's book in January, 1884, 10l. to Mr. Collier for sundry disbursements—I have given him credit for that; it is included in other items—I have Mr. Collier's statement here—that particular item is not in my account—on 21st October, 1884, there is an account of 10l. to Mr. Collier—Mr. Collier admits receiving that—I have credited Mr. Price with it in Mr. Collier's disbursements; it goes over a long period, as Mr. Collier receives money from Mr. Price he pays it away—there is another 10l. on 19th March, 1885—I have credited him with that in the same way—the 59l. 14s. 1d., the subject matter of the first count of the indictment, was handed by Mr. Larkin to Mr. Price; it is a balance that Mr. Larkin had in his hands—I can't say what it is a balance of—I don't know how he arrived at that balance—I attended the Vestry meetings regularly, and was supposed to be conversant with all that went on—I think the 59l. 14s. 1d. was a sum of money paid into Mr. Larkin's hands by the Vestry; it came from the treasurer, out of the general fund in his hands—I will refer to the minute-book—(Reading the entry) that refers to a time before Mr. Price was churchwarden—Mr. Larkin was then churchwarden—100l. was paid over to
Mr. Larkin, I suppose for law costs, and the 59l. 14s. 1d. was the balance of that 100l., coming into Mr. Price's hands from Mr. Larkin when Mr. Price took Mr. Larkin's position; that is what it means—the minute shows that they had to pay the architect's fees—I can't answer whether he had not properly disbursed that 59l. in and about the matters of the Vestry—I would rather let some others answer that question—I can only answer it in this way, that I always understood it was to pay a solicitor's bill—Mr. Collier is here.
Re-examined. I have, never seen any vouchers for the 59l. 11s. 1d.—Mr. Price has never alleged to me that ho has paid it—there is no entry in his book of the money he received from Mr. Larkin—I called his attention to the 59l. by letter—I have spoken to him about it, I think after the letter—this is the letter. (This was dated 1th April, 1886, requesting an account of the disposal of the 59l. odd, and other sums.) When I saw him I told him that this amount was not included in the account—he did not give any explanation of it—the Vestry dinner was generally once a year—the first dinner charged was 24th November, 1883, 51l. 19s. 9d.—here is another at the Holborn Restaurant on 24th July, 1884, 22l. 1s. 8d., and another on 15th September, 1885—the dinner on 24th Nov., 1883, would be the Easter dinner of 1883—in 1884 there were two dinners, and in 1885 three—a good many of the parishioners dined, invited by the churchwardens; they were the hosts—if strangers dined they paid, and so did the parishioners—the churchwardens would collect the money—the collection went towards payment for the dinner—the ticket varied from 10s. 6d. to 12s. 6d.—there were collections every year before the dinner—in his book he only debits himself with a collection in one year—if he received other sums it would go to swell the balance against him, not in his favour—he was the senior churchwarden—when he gave me instructions to make out this account, he said I was to see Mr. Collier and Mr. Clark, and get further information; in fact, he delayed making out his accounts because he could not see them—when he handed over the documents to me I saw both, and from information they gave me I prepared this account for him—the only cheque for 20l. by Mr. Clark to Mr. Collier that I have seen in on the debit side of the account, and that was exhausted by credits for payments on the other side—the only counterfoils on the debit side are three sums of 10l. each on 24th January, 1884, 21st October, 1884, and 19th March, 1885—they purport to be counterfoils of cheques given to Mr. Collier—the cheque for 10l. to Hilliard at Michaelmas was originally written Collier, and altered to Price; that was on 21st October, 1883—that does not correspond with either of the counterfoils.
By MR. GRAIN. I have never seen Mr. Price go through the accounts with him and see if they were correct.
HENRY MUNDAY CLARK . I am the treasurer of the Middlesex part of the parish of St. Sepulchre—I have been so for sixteen or seventeen years, I think—it is part of my duty to attend to the audit of the churchwardens' accounts—my accounts are generally audited at the same time—this is my book audited up to the present date—the audit is generally in July or August—it is the Vestry Clerk's duty to write and call the auditors together—I never knew of their meeting without being summoned—the accounts generally go from Easter to Easter—I know nothing of Mr. Price's disbursements, my duty was to supply him with
money as he applied to me for it for the duties of his office—this is my cheque of 18th October, 1882, in favour of the prisoner for 70l., and it is endorsed by him—Clark's Gift is only payable to the churchwarden at the Chamberlain's office, I have nothing to do with it—this is my cheque for 50l. endorsed by the prisoner—these cheques have all been honoured and passed through my hands and audited as far as I am concerned—these are cheques for 25l., February 10, 1883, March 2, 1883, 20l., and 18th April, 1883, 30l., all to churchwarden Price—with regard to the next item there is a mistake; it was voted that the churchwarden was to pay Jackson the Easter offerings, it should be on the other side of the account and in the prisoner's favour—he pays Jackson 2l. 11s. 2d.—I receive a portion of the sacrament money from the vicar—I don't know how the churchwarden and vicar arrange together; if it is the statement of a balance which he receives from the vicar it would be right on that side of the account—the tithes come direct to me as treasurer—I employ a collector to collect them, and then I disburse them, two-thirds to the churchwardens and one-third to the vicar—the Vestry votes the amount to go to the churchwardens—this receipt for 71l. 12s. 3d. on 31st January, 1884 is Price's receipt for the balance of that year—the cheque is not in the pass-book—I have not got my tithes-book here—although entered April, 1883, it purports to be the balance of tithes at the preceding Easter—it takes a long time to get the tithes in, many months after Easter—I paid the money, and this is his receipt for it—no receipt was given till the money was paid—if he and other churchwardens have been short of money they have sometimes come to me prior to my receiving and I have sometimes given them a cheque on my own account—this 71l. 12s. 3d. was paid in two items, as well as I remember, in 1884; I gave one cheque for 50l. and one for 21l. 12s. 3d.—I think that will show in Mr. Price's book, I do not know—that has nothing to do with this tithe balance—"Roberts' Gift, balance received on appointment of trustee, 11l. 8s. 6d.," has nothing to do with me—this is my cheque of 24th May, 1883, for 30l. to Price, and this of 30th October, 10l.—that last is the only cheque unendorsed—they are all payable to bearer—on 20th November there is another 10l. cheque entered in my account in the same way—in January, 1884, there is a cheque of 30l.—I have an entry in my book of 18th February, 20l. paid to Mr. Collier; that is a queried item till Mr. Collier comes; that was the only one to Mr. Collier—on 26th April there is a cheque for 30l. endorsed in the same way—the churchwarden generally pays money for the clothing fund out of money he has from me—with regard to that there is a cheque for 91l. 18s. 2d.; this is his receipt for it—it is sometimes paid in three, but generally in two items; I pay him as soon as I get it—it is independent., altogether of the cheques I have spoken to—there is no more money going from me to the prisoner prior to 30th June, 1884, and that leaves a balance of 261l. 1s. 1d. up to then—this is a cheque I gave him for 30l. endorsed by him—30th December, a cheque in the same form—then there are two entries about dividends from Roberts' Fund that he would get direct from the Bank of England—on 2nd February there is a cheque in his favour for 30l.—those are all entered in my book—on 19th March a cheque for 60l., and this cheque entered as of the 23rd for 20l.—it was given on 31st March because there were not parish funds enough, so I post-dated it—it was paid, and came back all right with the prisoner's
name on it—23rd May, 20l., was paid and is entered—I produce Mr. Price's receipt for the balance of tithes for the Easter of 1885, 62l. 2s. 10d.—it is irrespective of two cheques put into my hands—as treasurer I received notice of a resolution from the Vestry not to make any further advances to him till last year's account had been rendered and passed—this is a copy of the resolution, dated 4th November, 1885—I acted on that, and no more cheques or money were given by me—since that letter I have made payments on account of the churchwardens by order of the Vestry—among those was the beadle's salary, which was authorised by the letter of the 4th—I paid the beadle, and gave no more money to the prisoner.
Cross-examined. I have known Mr. Price for 20 years I should think, and have known his career during the whole of that time—he has always enjoyed the high respect of all his friends, acquaintances, and neighbours—I have always thought he was a person of considerable learning—he has prepared for the Corporation a history of Guildhall and other matters—I am a vestryman—the churchwardens' accounts went two or three years without being audited, I think, but that was in consequence of Mr. Price being a continuous churchwarden, as he was doing what he could with regard to the church affair—a great deal of latitude was given to Mr. Price in this matter—I am Middlesex side—Mr. Price was a sort of champion on one side; he was the party put forward by the Vestry—it was common talk that he was giving a very great deal of attention to this litigation, and I used to think more time than he could afford—he was a partner at that time in an oil and colour warehouse in Cowcross Street—I always understood it was a lucrative business; he and his father worked their way upwards in the business—this litigation took up a great deal of time, and must have entailed a great deal of expense outside the lawyer's charges in the matter—from our side it was in the interest of the church it was being done—Mr. Larkin preceded Mr. Price as churchwarden—I have no interest in this matter—in my opinion, if Mr. Price had made the accounts out himself, carefully and thoroughly, the amount would be very much less, probably, against him—he was a very slovenly, careless man with reference to books and accounts and papers—I keep a separate banking account for these matters—the collector hands mo all the tithes at one time, and then I bank them—directly I have it I hand over part to the vicar and part to the churchwardens, and take their receipts—I have been in the Vestry about 20 years—churchwardens do as they please about mixing up moneys with their own.
Re-examined. The accounts of the gentlemen preceding Mr. Larkin were always audited up to March, 1882, and not afterwards—there was nothing to prevent a man opening a banking account if he pleased—I know no churchwarden except this whose accounts were not audited—the account was roughly about 300l. a year on each side, 300l. to pay and 300l. to receive—I think he drew more money than his predecessors, but the excuse was that he had more expenses attending this church matter—there are several churchwardens' books in Court—I think during the year the prisoner's expenditure would be more than other churchwardens'—the average of other churchwardens' would be 200l. in money had of me—then the tithes, which are pretty uniform, would bring up the expenditure to quite as much as the prisoner's—I see in 1878-79 the
churchwardens had 200l. independently of tithes—Mr. Larkin only had 150l., he may have had a balance left—I can't see by these figures that his demands on me were more than those of others; and I think his expenditure would be more with the litigation going on—Mr. Larkin had with tithes 268l. in his year.
MR. JUSTICE WILLS here staled that although Mr. Price had brought himself into a position of suspicion by his carelessness in not keeping proper accounts, yet as it appeared that he had not drawn out more money than his predecessors in office, while his expenditure was rather above theirs and he had left no important bills unpaid, he considered there had been no fraud on his part. MR. BESLEY upon this desired not to press the charge.
NOT GUILTY .
NEW COURT.—Tuesday, September 21st, 1886.
Before Mr. Recorder.
947. FRANCES ELIZABETH COPPING PLEADED GUILTY to unlawfully publishing a defamatory libel concerning Ellen O'Connor and Olga O'Connor.— To enter into her own recognisances in 50l. to keep the peace for twelve months.
MR. GREENFIELD Prosecuted; MR. FULTON Defended.
NOT GUILTY .
THIRD COURT.—Tuesday, September 21st, 1886.
Before Mr. Common Serjeant.
MR. MUIR Prosecuted; MR. MOYSES defended Ansdell and Vick.
HENRY DELFMAN . I live at 38, Burton Crescent, and am a German—on Saturday evening, 21st August, about nine or half-past nine, I was in the neighbourhood of Euston Square—I passed the public-house at the corner of Seymour Street and Euston Square; I saw three or four men playing with money on the ground—I passed slowly and three men.(who according to my conviction are the prisoners, but I did not recognise the men as they rushed at me) rushed backwards at me together; I could not see their faces—they put their hands on me and pushed me inside the urinal and kept me there—I thought at first it was an accident their tumbling over one another—I struggled to get rid of them and I saw a hand coming at me and it snatched my watch away—my coat was open so that my chain was visible; it hung from a button hole—according to my conviction Ansdell ran away with my watch—when my watch was snatched they left hold of me; all ran away—I ran after Ansdell; he crossed the road and went into a beershop and disappeared behind the partition—I did not follow him in because I was surrounded by twenty or thirty and I lost sight of him in the beerhouse—I next saw him on 23rd August, the following
Monday, standing in the same beershop, and I went in—he was very uneasy at my appearance, looked towards me and turned round and went out—I left the beershop directly and he was standing at the corner outside; he said, "Good night, sir"—I went for the police and went back to the beershop again—Ansdell was inside, he was more uneasy than before and turned very quickly and went out—I afterwards went out and found him in custody of the police—my watch, a silver one, has not been found.
Cross-examined by MR. MOYSES. I did not see the face of the man who took my watch—I think I mentioned the matter to some constable the same evening—I gave information on Monday, when my neighbours pressed mo to stop the robberies that have been going on for a long time in that quarter—I am disinterested in the whole matter—I saw no one whom I recognised till the Monday—I did not see the other two prisoners in the beerhouse—Ansdell I saw there twice—I said nothing to him the first time.
Re-examined. According to my conviction the prisoners are the three men—about ten minutes or a quarter of an hour after the robbery I saw Murphy and Vick, and Vick said to me in a jeering sort of tone, "What, lost your watch, governor?"
Cross-examined by Murphy. I ran after one down Wellesley Street, where the beershop is—I stopped at the bottom and looked in at the door—I don't remember you asking me what I had lost and saying two men had gone through; I know you have spoken to me—I did not tell you I had lost my watch—I went up the street—you may have told me to go after the men, I can't say—I recognised Vick when I saw him coming into the police-court—I did not pick you out; another man identified you.
By MR. MOYSES. The detective asked me if I could pick any of the prisoners out, and I saw Vick passing and said "That is the man that has been in the plot"—I recognised him; I had seen Murphy in the Court before.
SIDNEY FOGDEN . I am a labourer, and live at 32, Henry Street, Pentonville—on Saturday evening, 21st August, I was standing opposite the Plasterers' Arms, Seymour Street, Euston Square—I saw the three prisoners playing pitch-and-toss at the corner of the Mews, just in front of the urinal, close to the pavement—shortly after I heard a cry "That man has stolen my watch," and Ansdell ran down past me with the silver watch in his hand—I saw it—he ran into the public-house at the bottom of Little Wellesley Street, through it and into Church Pathway, at the back of the public-house, and there I lost sight of him—I next saw him on Monday night, 23rd August, when I was with Delfman, and went with him into the public-house—we saw Ansdell there; I at once recognised him—he looked at us and cast his eyes down and walked out of the house—I and the prosecutor went for a constable, and went back to the public-house again—Ansdell was there; he walked out again directly—he was given into custody—on Tuesday, 24th August, I was sent for by the police to Albany Street Station, where I identified Murphy from among six others as the man who had held the prosecutor by the arms at his back at the urinal—I was standing on the opposite side of the street at the corner of Little Wellesley Street, and saw there was a scuffle—on Wednesday, 25th August, I was sent for again by the police, and identified Vick at the station from seven others, I believe, as the
prisoner who held the prosecutor's head back with his arm—the prosecutor's face was turned away from the prisoner—he had a black eye on the 25th but not on the 21st—he is one of the men.
Cross-examined by MR. MOYSES. I have given evidence at the police-court in another matter—the prosecutor was coming out of one of the public-house entrances at the time with his hands in his trousers pockets, and the prisoner ran back against him—I took no notice till I heard the cry—his frock coat was undone, and the next I saw of him was that Murphy had hold of the prosecutor's arms, and then I heard the cry "That man has my watch—Murphy was right at the back of him—only the three prisoners were there from first to last; the prosecutor could not see their faces—I was from 10 to 15 yards off—I knew they were attempting to rob him, and made my way across the road, and then Ansdell ran down the road close past me, and I pursued him—there are several courts off Church Pathway—Murphy was at the prosecutor's back, Vick had his arm under the prosecutor's chin, and Ansdell was at the back of Vick—they were just in the mouth of the urinal—I swear I saw all this going on—there is a very large lamp with six branches just outside the public-house; I don't know if there is a light over the urinal—the prosecutor ran to the bottom of the street and said he was afraid of being knifed if he followed the prisoner, and that he was afraid to go into the public-house—I did not stop in conversation with him, but gave chase—I did not see the prosecutor again till Monday night, I recognised him then in the Euston Road—as I was communicating with a constable the prosecutor came up and stood a short distance away—I hardly knew he was the prosecutor, but I recognised him afterwards—the constable did not introduce me to him—the prosecutor was not with the constable on Monday night—I told the constable I had come to give him information, and I told him—I did not speak to the constable on Saturday night—I had a glass of ale with the prosecutor about half-past 9 on the Monday—the urinal was by the side entrance of the public-house—the prisoners ran down a short street 400 to 600 yards off—it was not the public-house with the light I spoke of that I went to with the prosecutor—we went to have a drink there by chance, and to see whether Ansdell or the other men were in the public-house; it was by my suggestion we went, in—he walked out; we remained two seconds and went out to fetch a constable, and came back in a quarter of an hour; he was there then, as we expected—I gave the police a description of the other men when Ansdell was taken, and they sent for me on Tuesday and Wednesday—the case I was in before was a highway robbery in the country.
Cross-examined by Murphy. The robbery was committed at 22 minutes past 9—I took my watch out of my pocket and looked; I looked at you at, the same time, and I had seen you, Ansdell, and Vick playing pitch-and toss—I had a drink with the prosecutor, but not with the policeman—I was at Dalston on Tuesday when I was sent for—I did not follow you down to the station.
Cross-examined by MR. MOYSES. I saw from eight to twelve men standing there.
10, I was in Seymour Street—the prosecutor spoke to me, and in consequence of what he said I went with him to a beershop in Wellesley Street—I saw Ansdell come out of it and took him into custody—he was told the charge; he said he was not there, he was selling plums in Camden Town on the Saturday night when the robbery was committed, and he could bring witnesses to prove it.
Cross-examined by MR. MOYSES. Fogden was with the prosecutor—I did not know him before.
WALTER REEVES (Detective S). I arrested Murphy on the evening of 24th August outside Gower Street Railway Station—I told him the charge—he said "I know nothing about it; I was in a public-house at the bottom of the street; I saw two men run there; I then went out, and saw the gentleman, and asked him what was the matter, he told me he had lost his watch"—I took him to the station, where Fogden picked him out from among half a dozen—on the 25th I arrested Vick at Mr. Tucker's, a stone mason's, 145, Euston Road, where he was working—I said he would be charged with two other men in custody with stealing a watch—he said "I know nothing about it; I was at a meeting"—Fogden picked him out from six others.
Cross-examined by MR. MOYSES. It was on the information of a uniform constable that I arrested Vick.
Cross-examined by Murphy. I am not aware that the prosecutor and two witnesses were standing on the other side of Gower Street when I arrested you.
The Prisoners' Statements before the Magistrate. Ansdell; "I was at Camden Town from 11 o'clock in the morning till past 12 at night selling plums and grapes." Murphy: "I was at the bottom of Wellesley Street by the beershop when the prosecutor came running down the street. I asked him what was the matter. Two men ran into the Plasterers' Arms. He told me he had lost his watch." Vick: "I was at work on the Saturday morning till 6 o'clock; I did not leave off till 1 o'clock. I took 1l. 9s. 3d. I went with some chaps Simmon's Arms, and we stopped there till 4 o'clock. I went to bed; I got up at 7 o'clock, and went to a meeting in the Colladale Road; I stopped there till 11 o'clock, and came home."
Witnesses for the Defence.
THOMAS BENSON . I am a general dealer, and I employ Ansdell—on Saturday, 21st August, he worked for me from 9.30 till 6.30, and I saw him again when he brought home the money for his goods at 12 o'clock at night—he retails plums and grapes, and brings back the money to me—I trust them with him—those he had left he took out on the Sunday.
Cross-examined. I did not see him between 6.30 and 12 o'clock—I do not know where he was at 9.30 at night.
Re-examined. Camden Town is a mile from this place—he hawks his fruit about where I am.
ROBERT HOLT . I am a general dealer, and hawk fruit and potatoes, and that sort of thing—on 21st August I left my home at 39, Little King Street, Camden Town, and arrived at my stall about 6.25—the prisoner was there selling plums and grapes by my side; I never missed him—I was there till 11.45 at night, and he was alongside me all the night—he has a stand next to me—Harris is near me too.
Cross-examined. This is Benson's stall—Ansdell works for him—I was
selling goods at my own stall from 6.30 till 11.45—Saturday night is rather a busy night—I first heard about this case on the Thursday following the 21st—I had no particular reason for noticing the time—I packed up at 11.45, and left Ansdell there—I have stood in the same place for five or six years, and Ansdell always stands beside me.
By the COURT. I am not licensed—this stall is about three-quarters of a mile from the public-house.
CHARLES HARRIS . I am a poultry dealer—I sell at a stand in High Street, Camden Town, about three-quarters of a mile from where this robbery is said to have occurred—I stand within about three yards of Ansdell—on Saturday, 23rd August, Ansdell came up at 10 a.m., and he never left till 11.45 at night—at 9 o'clock to 9.30 he held the rabbits legs while I skinned them—we generally speak to one another when trade is bad—I cannot say I was watching him all the 14 hours, but I was looking at him—his wife brings him something to eat, or my boy goes.
Cross-examined. My stall is four or five yards from his, not more; we are alongside—the street was rather crowded—Ansdell stands between me and Holt who has greengrocery and potatoes—I sell a good many things at my stall—I mentioned about Ansdell holding the rabbits' legs at the station—Holt came to his stall about 6 o'clock that day, as near as I can guess, and we all shut up at 11.45—I first heard about this on the Wednesday.
DANIEL PHEASEY . I am a coalporter, and live at 19, Wellesley Street, Seymour Street—on 21st August, at 8.30, I saw you in the beershop at the bottom of Wellesley Street; Murphy was drinking there, and asked me to drink—I went indoors for two minutes to give my wife my week's wages and then came back to the beershop to get my Sunday's refreshment—he was there, and we stopped till 9.30—while talking to him I saw the prosecutor running down the street calling "Stop thief!"—I saw no one in front of him—the prosecutor said to Murphy "I have lost my watch," and Murphy said "Why don't you go and try to find the man?"—the prosecutor stopped there ten minutes, and then went up the street, I believe.
Cross-examined. I did not go to the police-court-the first I heard of this was from a subpoena, which came to my house last week—I went indoors about 8.45, and came out soon after 9 o'clock; about 9 15 or 9.30
CHARLOTTE PARKER . I am nearly 15—I work at a button factory, and live at 20, Seymour Road—on 21st August I was at the corner of the Plasterers' Arms, and saw three or four men push a man into the watering place; they put their hands round his waist and took his watch and part of his chain—they came out and ran down Wellesley Street, and through a little beerhouse—Murphy came out and asked Mr. Delfman what was the matter, and Mr. Delfman turned and said—I have lost my watch"—Murphy asked him to go through the little beerhouse and he would not go—I can swear Murphy was not there—I could not swear if either of the other prisoners were—they were all strangers to me.
By the COURT. I live in the same house with Murphy—I am not his sweetheart.
Murphy in his defence stated that he was just coming out of the pubic-house, when the prosecutor came up and said he had lost his watch; that he told him
to go through the public-house, as there was always a policeman on the other side; that Fogden was not there with the prosecutor, who did not go through the public-house, but went up the street.
NOT GUILTY .
950. BASIL GORDON (28) PLEADED GUILTY to burglary in the dwelling-house of Solomon Joel, and stealing two suits of clothes and other things; also to attempting to break and enter three dwelling-houses, with intent to commit burglaries therein.— Judgment respited.
Before Mr. Recorder.
952. ARTHUR GEORGE SCOTT to publishing a libel on Ashley Albert Henry Cronmire.— Fined 25l., and to pay the costs of the prosecution, and to enter into his own recognisances in 100l. and find one surety in 50l. to appear and hear judgment next Session. [Pleaded guilty: See original trial image.]
GUILTY .— Twelve Months' Hard Labour.
MR. FULTON Prosecuted; MR. GEOGHEGAN Defended.
The RECORDER considered that the pretences were not negatived, and directed a verdict of
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. F. FULTON and MUIR Prosecuted; MESSRS. BURNIE and A. GILL
defended Collins, MR. PURCELL Allen.
FANNY MAIDMENT . I am a widow, living at 1, Trio Villas, Earlham Grove, Forest Gate—on 22nd July I left my house a few minutes before 12 to go on a visit, leaving the doors and windows all fastened—there are three doors, one in the front, and two at the side; one of those leads into the passage, and the other into the washhouse—that last was locked only, the others were locked and bolted—I gave the key to Mrs. Beck, a neighbour—I returned on Saturday, 24th, after receiving a telegram early on the morning of that day—I found a policeman in charge; the door had been broken open—I missed nothing.
Cross-examined by MR. PURCELL. The house is semi-detached, with gardens between each couple—there is a waste piece of ground on the side where the door was opened—that ground is enclosed by railings, and inside is a board, "To let"—no cow is kept there—my neighbour was to let a dog out there at night—then comes Mr. Rainer's house, and then a plot where a cow is kept—there are no trees in front of my house,
but there is one tree in front of the empty plots—the door which was broken into is at the side; there are no trees in front of it—by the side of my bay window I have a jessamine—Mrs. Beck's house is part of the same semi-detached house—my side door looks on to empty plots, and then comes Mr. Earner's house.
CAROLINE BECK . I am the wife of William Beck, of 2, Trio Villas, part of the same detached house that Mrs. Maidment lives in—on 22nd July she left me the key of one of her side doors—at two o'clock that day the house was quite safe, and the door of which I had the key was locked—about twenty-five minutes to six that evening my attention was called and I found that door open, and the box of the lock was bent in a half-circle—I examined the house but did not miss anything.
Cross-examined by MR. BURNIE. It was the key of the side door nearest the back—there are Trio Villas in two roads; the backs of the houses come together—immediately opposite my house is Wesley House, where Mr. King lives, and next door to him lives a minister—our two villas are isolated—Mrs. Morris's house is next to Wesley House but divided from it by the garden—there is no waste ground there—I do not think there are any trees in the gardens there.
Cross-examined by MR. PURCELL. Mrs. Morris's house is not directly opposite mine—I should look obliquely from Mrs. Morris's across to Mrs. Maidment's.
ELIZABETH MORRIS . I am the wife of John Morris, and live at Earl House, Earlham Grove—on this day, about a quarter to six, I was by my sitting room window, which commands a view of this door of Mrs. Maidment's—I noticed the two prisoners walk down the grove on the left hand side coming from Forest Gate Station; they crossed over and read a board stating some plots were to be sold—then they opened and walked through the gate of the forecourt and a second gate that leads in the garden of Trio Villas, where Mrs. Maidment and Mrs. Beck live—they went to the side door which was afterwards broken open; I could not see what they did—then they came out and crossed over to our side of the road—Allen went along under the black fence which divides our gardens from the grove; Collins crossed over and went through the two gates again and opened the second door of No. 1, Trio Villas, with an instrument about nine inches long, which he used as a carpenter would do in putting a lock on—he went into the house about a yard by the door that leads into the kitchen—as soon as I saw that I opened my front door and crossed the road to Norfolk House, Mr. Earner's, about 50 feet off from me and next to Mrs. Maidment's, from which it is divided by three plots of land—I called out to Mr. Rainer, "There is something wrong at Mrs. Maidment's"—Allen heard it and gave a yell, and Collins walked out of the two gates, not very fast—Mr. Stephens then came along and said (the prisoners must have heard), "What is the matter?"—I said, "Burglars, burglars," and put my hand out in the direction of the two prisoners—Mr. Stephens said, "Take my umbrella and parcel while I catch them," and he ran and gave them chase—the prisoners ran away very fast—I after wards went to the door of 1, Trio Villas; the box of the lock was broken away.
Cross-examined by MR. BURNIE. You turn to the left from my house to go to Forest Gate—the prisoners came from the left hand side—my sitting room is on the first floor front—all this took place very quickly, in
about ten minutes—the first time before the Magistrate I said nothing about the prisoners first looking at the board and crossing over and going back again; but I afterwards said I had previously seen them both go to the house and try the door with the coloured casements—directly Collins opened the door I went across to Mr. Earner's, which is right opposite mine and on the same side as the prosecutor's—Collins walked out of the house, and immediately they saw they were chased they ran—I did not speak of the third man before the Magistrate; I did not know him—there was a third man but I cannot identify him—I might have said before the Magistrate that Collins ran out of the house; I signed my depositions—Collins walked comfortably out of the house—I have no doubt the prisoners are the two men—the whole thing took place very quickly—I saw them both as they ran away—they went in the direction of Forest Gate, running in the middle of the road; I was outside Mr. Rainer's garden gate then—as I stand at my front door Forest Gate Station is on my right hand—I can only identify the two prisoners—I had never seen Collins before.
Cross-examined by MR. PURCELL. Allen was under my garden fence with his back towards the fence—my blinds were drawn right up—the window I was at is about the height of a man and a half from the ground—my window from the fence is about the distance from here to the dock—when I came out Allen only moved an inch or two, gave the signal, and ran when the other prisoner ran—I had never seen either of the prisoners before—there are only low trees and shrubs before my window, nothing to conceal anybody—they are not so high as the black fence.
By the COURT. There is nothing to obscure my view of Mrs. Maidment's house—I can see straight into her kitchen where the door was broken open.
Re-examined. It is about 150 feet from my window to the door where the man was—I was called next morning to the police-court, where I saw the two prisoners—I did not pick them out from others.
By MR. GILL. I did not shout out of my front door—I gave the alarm when I got to Mr. Earner's—they did not run away till he came forward and Collins started running when he found somebody was after them—I saw a milk cart when the prisoners were half way up the grove.
STILLILNGFLEET RAINER . I live at Norfolk Lodge, Earlham Grove, opposite to Mrs. Morris—on 11th July, at 5.35, Mrs. Morris came and called out to me—I left my tea and came out, and saw Collins passing the bay window of Mrs. Maidment's kitchen in her garden—he came out of her front gate—I followed Mrs. Morris to the main road, and after a few seconds Mr. Stephens came up—I gave him certain information, and he gave chase after Collins and Allen—I had not seen Allen till he began to run; he turned round when the alarm was given, and began to run, and I had a view of him—Collins crossed the road and ran behind Allen—I did not notice a third person.
Cross-examined by MR. GILL. I stood at the back of my house at its extreme end and in front of Mrs. Maidment's premises when I saw Collins—there are three plots of ground, 75 feet altogether, between my house and hers—it took mo about two seconds to get there—Mrs. Morris raised an alarm when she got to the corner within my hearing—I heard
the alarm as she came down the passage—the prisoner first "walked very deliberately, and then set off running when the alarm was raised—Collins was walking sideways when I first saw him—I had seen Collins 10 minutes or a quarter of an hour previously to my going in to tea—he came and knocked at my door, and made himself satisfied that the parties were out, and he came and shut the gates and went—I was at the bottom of my garden then—my attention was called to him because he resembled a man in the employment of Mr. Birch, a builder.
Cross-examined by MR. PURCELL. Allen was on Mrs. Morris's side, and Collins crossed the road to him—I had not observed a milk cart passing nor a man with a dog; there might have been—the fence between my and Mrs. Maidment's houses is about four and a half feet—you can easily see over.
RICHARD HENRY STEPHENS . I live at 8, Stanley Terrace, West Ham Park—on 22nd July, about 20 minutes to 6, I was in Earlham Grove, and received some information from Mr. Rainer and Mrs. Morris, who were standing together, and Mrs. Morris pointed out the two prisoners and a third man; one was walking across the road, another was stepping from the road on to the pavement, and Allen was standing still—they started to run, directly I spoke to Mr. Rainer and Mrs. Morris, down Earlham Grove towards Forest Gate Station—I caught Allen, and said "I want to give you in charge of the police for breaking into a house"—he said "I did not do it"—he afterwards said "I was running after the man who did it"—I held him; the other prisoner was brought towards me; I went and met him; they were put into a milk cart, and we proceeded up the Romford Road towards the police-station—on the way Collins attempted to escape, and they were put down on the pavement, and a policeman was fetched—they were taken to the station together with a third man, who was taken some time after in consequence of information.
Cross-examined by MR. GILL. They set off running directly I spoke to Mr. Rainer and Mrs. Morris—I lost sight of them for three seconds as they went round a corner—Collins said he would go quietly if a constable had him, and I sent for one—I received information from Harris as to the third man—he said something to the effect that that man was engaged in a robbery at Earlham Grove—Collins continually protested his innocence, and said he was running after the thief himself—I handed him over to the police—in cross-examination at the police-court Harris admitted that he had mistaken the third man for one of the prisoners, I don't know who—Collins's arms were not twisted back in the cart—he said he did not wish to be held at all—he stood quietly when the constable appeared—Barrett was in the cart.
Cross-examined by MR. PURCELL. Collins was walking when I first saw him, and Allen was standing still—I am a traveller; I have been in the Mounted Police in South Africa—the milk-seller, the driver, and myself were in the cart—it is a cart in which you stand with the milk-cans—Allen could not have been kicked, he was the last one to get in, he did not complain—the police did not tell me to keep quiet as I was too excited.
up to them, but they were past me almost before I could look round—Allen was in front, then came a man I did not know, and then Collins last—I turned and ran after them, calling "Stop thief, burglars"—two gentlemen in the road passed without attempting to stop them—later on I saw a milk-cart, and I spoke to the milkman, Barrett—I followed, and saw the two prisoners detained.
Cross-examined. The milk-cart came up about a minute and a half after they passed, they had run a good distance then—about 10 minutes after that, before the policeman came, a crowd collected; I came up to it; I was asked by Mr. Stephens if I could identify Collins; I said "Yes"—he said, "Will you hold him?"—I did so, and he then made a start at the third man—I did not point out that man to him—I held Collins till the policeman came—Stephens took hold of another man—I never pointed out a third man, Stephens must have misunderstood me—I did not say at the police-court that I mistook the other man for Collins—I believe Allen to be one, but I could not swear to him.
Cross-examined by MR. PURCELL. I swear Allen was the first one of the three—I met them full face, they passed me immediately.
BENJAMIN ARTHUR BARRETT . I am a milk-carrier living at Hayward road, Stratford—on 22nd July, about 5 minutes past 5, I was in Earlham Grove and passed Trio Villas, where I saw the two prisoners—Collins was at the gate and Allen just inside the garden—Harris afterwards spoke to me, and in consequence I drove after Collins, who had just turned the corner into the Romford Road—he cut across a spare piece of ground into a mews, where I apprehended him—he first said he was a collector, and was running after a man that had run up the road—I held him a little time, and then he said, "For Christ's sake let me go, I shall get 20 f—years"—I said no, I should hold him till assistance came—when assistance came we put him in my cart with Allen, and drove them up the Romford Road with Mr. Stephens and a sailor who held Collins—I drove them some way, and then Collins tried to jump out, and Allen made a rush to get out behind—I found I could not get up the road without difficulty, so I put them out in charge of Mr. Stephens and the crowd, and they held them while I went for a constable.
Cross-examined by MR. GILL. I saw the prisoners first when I passed the house to serve my customers—I stopped there two or three minutes—Collins stopped about five yards from me—he did not hold up a black bundle and say, "I have picked up these"—I did not say to him, "Give me a quid and I will let you go"—I have not spoken a word about the case to any of the other witnesses—I never told anybody that the prisoner had said "For Christ's sake let me go, I shall get 20 years for this," till I told the Magistrate—I am not in the same employment as I was; I was discharged for being a little wrong with my accounts, and I have had a month's imprisonment since this case for robbing my master.
Cross-examined by MR. PURCELL. The Magistrate did not say he did not believe a word of my evidence against Allen—Allen was inside the gate when I first saw him.
Re-examined. The prisoner's friends have threatened and insulted me two or three times.
By the JURY. I went down the road and saw them at the gate; I served my customers and then returned, and when I did so Mr. Harris told me what was the matter.
GEORGE HARRIS (Re-examined). After I had given information to Barrett, I went up another road and saw Allen in Mr. Stephens custody—before that I saw Collins run into and up the Romford Road, where I lost sight of him; I next saw him when he was detained.
FREDERICK ASHTON (Policeman K 196). On 22nd July I went up the Romford Road and saw the two prisoners in custody—I asked Mr. Stephens what was the matter—he told me the two prisoners had broken into a house in Earlham Grove—I took them to the station with me in the milk cart—they made no answer to me—at the station when charged they both said that they did not know the other man—I found on Collins four ordinary and three skeleton keys, and on Allen a pocketbook and this pair of spectacles in a case—I went to No. 1, Trio Villas, and found the door had been broken open with a jemmy; there were marks of a jemmy on it—the distance from Mrs. Morris's house to 1, Trio Villas is about 40 yards.
Cross-examined by MR. GILL. I did not notice a sailor boy in the cart—I took the addresses of all the people in the cart—these keys were not wrapped up in a black rag when I searched the prisoner—I did not ask Collins what they were—Collins asked for Lehman's, the third man's address, for the purpose of calling him as a witness—it was given to him—I have not ascertained that the prisoner's brother lives within a few minutes' walk of this house.
Re-examined. Collins gave me no address—he did not ask me to make inquiries about his brother.
JOHN READY (Policeman K 355). On 23rd July I was on duty in Sprouston Road, Forest Gate—in a garden with no gate in that road I found those four skeleton keys which correspond with three of those found on Collins—that road is part of the way they were chased along.
Witness for the Defence of Collins.
CHARLES BARRETT . I am Collins's brother—I live at 5, Barclay Terrace, Carnarvon Road, Romford Road, about five minutes, walk from Trio Villas—on 22nd July Collins called on me by appointment at 5 o'clock at Morten Street, Stratford, at the London and provincial Supply Association, for a little account I owed him for furniture—I asked him to wait a few minutes—I came out about five minutes past 5; we came along the Romford Road together, called at the Pigeons public-house, and stayed there till half-past 5—I fix the time because the public-house clock was 25 minutes to 6, and I asked the young lady and she said it was five minutes fast—I then walked a little way along the road with the prisoner—he said he should get back home to Poplar; that it was a roundabout way by Stratford and Canning Town—I said he should go down the Romford Road, and then down Earlham Grove to Forest Gate Station, and from there to Bow Road—he would have to pass Trio Villas going the way I directed him—I left him about 25 minutes to 6—the prisoner goes by the name of Collins; no one in furniture sale-rooms buys under his own name—a subpoena was left at Lehman's house by the prisoner's wife—I have not seen him here at all—I went to the police-court on two occasions, but was refused admission.
Cross-examined. I was told I could not come in, as the Court was full—we parted about three minutes' walk from Trio Villas.
MR. GEOGHEGAN Prosecuted.
PAUL HOCHSTAT . I am a hairdresser, living at 4, George Terrace, Prince Regent's Lane, Canning Town—on Sunday, 1st August, the prisoner came in to be shaved; one of my young men attended to him—on the evening of the same day, at half-past 9, I was in the Prince of Wales public-house, when the prisoner came into the same compartment—I said "Good evening" to him; I went up and said "What made you so cross this morning when you left my shop?" because I could see his shave did not suit him—he said "I should think it made any one look cross after they have been cut two or three times"—I noticed he felt his chin—an assistant who had just finished his time shaved him—he called me a b—German b—; I told him he was just the same, and that I did not want his b—custom—I moved to the top part of the bar—I was standing sideways, talking to Mr. Banbury and Mr. Baker, when I felt a blow on my ear—I put my hand up and saw blood; I put my hand up a second time and I fell against the wall and became insensible—I recollect they took me to a doctor—I attended the police-court about the end of August; I was unable to go out for about 11 days—I was very much hurt and felt much pain.
Cross-examined by the Prisoner. You asked me to go away from you when I came up to you, and you asked me a second time and I went away.
Re-examined. The prisoner said he was a good mind to throw this at me—he had a glass in his hand at the time—that was before I felt the blow.
By the JURY. The glass had beer in it, it was what he was drinking from—I am not in pain now; my ear is all right.
JOSEPH BANBURY . I am a builder, living at 17, Hermit Road, Canning Town—I have heard the prosecutor's evidence to-day, it is correct—I saw the prisoner had in his hand a glass similar to this (produced)—he threw it at Hochstat, and it struck him just behind the ear—he became insensible; I took him to the doctor—the prisoner had said "Go away from me" two or three times before he threw it.
WILLIAM BAKER . I live at Randolph Road, Canning Town—I was in the house on this night—I have heard the evidence of the last two witnesses; I agree with it—I saw the glass hit the prosecutor; I was close to him—the prisoner was about three yards from him when he threw it—the prisoner was standing in the middle of the compartment drinking with the glass in his hand—I was not looking at him at the time he threw it; I saw the glass fall down and smash.
HERBERT MIDMER . I am barman at the Prince of Wales public-house—on 1st August the prisoner came in for two pint glasses of old and mild—this is a glass similar to that with which I served him—I saw the glass broken, but did not see the prisoner throw it.
Cross-examined. I don't know who paid; I took up the money.
Re-examined. He did not drink the two pints himself; he had a friend with him.
ARCHIBALD FINDLAY . I am a surgeon at the Custom House Station, Canning Town—on 1st August the prisoner was taken to a branch surgery, and I was sent for—he was bleeding freely from the right ear and from below it, and persons with him were trying to stop the bleeding—I found several cuts on the ear, and the lower part of it was split down the centre—a little piece of the lobe was cut off the bottom, and there was a wound below the ear—that will always leave a disfigurement—he had lost a considerable amount of blood, and one small blood-vessel was injured—I have attended him for three weeks—the wound was never dangerous except from the bleeding—he is now out of danger—the injuries might have been caused by a glass similar to this.
CHARLES FOULKES (Policeman K 571). At 9.45 on 1st August I was called to Dr. Findlay's surgery, where I saw the prosecutor bleeding from the ear—I afterwards went to 11, Gregory Road, where the prisoner lives—he was in bed—I said "I shall take you into custody for assaulting Paul Hochstat this evening in the Prince of Wales by striking him on the head with a glass"—he said "We were having a few words about my being cut this morning by one of his assistants while being shaved; I told him three or four times to go away from me; I meant to throw the beer over him, and the glass slipped out of my hand and struck him on the head"—afterwards I went to the public-house and picked up this piece of glass from off the floor—the potman gave me this tumbler; it weighs 1 lb 7 1/2oz.—the prisoner is a painter; he was sober when I took him at 11 o'clock, two hours afterwards—he did not seem as if he had been drinking—he had a cut on his eye, which was done by the crowd.
The Prisoner in his Defence stated: I had a drink, and before I put the glass down the prosecutor came to me; the prosecutor would not get away from me as I asked him, and I lost my temper. It was entirely an accident I let the glass go.
GUILTY* of a common assault. The prosecutor stated that he did not press for punishment.—One Month's Hard Labour.
MR. PARKES Prosecuted.
ANNIE COVERDALE . I am a servant, living at 39, Hack Road, Canning Town—on 8th September my brother, a steward, who goes to sea, gave me in the Sidney Arms, Sidney Street, 3l. in gold, 1l. in silver, and about six coppers to take to my mother—I tied it in my handkerchief, and put it in my pocket—I came outside to a whelk stall, where I saw Mary Ann Mansell and Lizzie—the prisoner came up—I paid for an oyster for myself and one for the stall woman out of 3d. I had of my own—I then went inside to pay for a twopenny smoke for my brother who was with me, and I put my hand in my pocket, and found the money was gone—I came outside and searched for a constable, it was about 4.15, but could not find one at the time—George Regan gave me information about 6 o'clock, in consequence of which I gave the prisoner into custody about 8.30—this is my handkerchief; I know it by two holes and an eyelet hole worked in the corner.
Cross-examined. When you first came I was at the stall eating oysters with two young men and two young women—I met you at the bottom of Sidney Street alter I heard you had got the money, and you offered to lend me 3l. if I would pay her back on Friday—I told you I could not do that, as I had no means of paying back—you said Mrs. Stewart could lend me the money, but you would get it for me.
By the JURY. I had only seen her once before in King Street, a long time ago, and I recognised her, but I did not know her name.
GEORGE COVERDALE . I am a ship's steward, living at 39, Hack Road, Canning Town—on 8th September I was paid off from my ship, and went with my sister into the Sidney Arms—I there in the jug and bottle department gave her openly into her hand 3l. in gold, 20s. silver, and 9d. and 6d. in bronze for herself, and I told her to go home—she went behind the private room in the bar and put the money in her handkerchief, which she put in her pocket, and went outside—I asked her afterwards to pay for a smoke for me—she put her hand in her pocket to feel for the money, and she had not got it—the prisoner was right opposite me in the front bar when I was there—I was drinking with some shipmates—I did not see her in the bottle and jug department—to go to the private bar my sister had to pass her.
GEORGE REGAN . I am a seaman on board the same ship as Coverdale—on 8th September I was standing outside the Sidney Arms about 4 o'clock with Annie Coverdale and a chum of mine, and the prisoner and her friends—I saw the prisoner taking the handkerchief from Annie Coverdale's pocket; I did not see where she put it to; I heard the money as she drew the handkerchief out—I said nothing; I thought at the time it was a joke, and that they were friends—I said I would say something if I heard anything about it—later in the day I saw Annie Coverdale, after my friends had told me she had lost some money.
By the COURT. Her pocket was on the right-hand side, at the back of her dress—I was standing a little behind Annie Coverdale, mostly at the right-hand side, and about two yards from her.
Cross-examined. You had not taken your own handkerchief out of your pocket, and you did not pass it to Mary Ann Mansell—I did not say I had a better handkerchief than that, nor did I take out a red handkerchief with white spots.
By the COURT. The prisoner was not eating oysters, she had just come up—Mansell was not eating oysters.
MARY FIFIELD . I live at 1, James Street, Plaistow, and am female searcher at the Plaistow Police-station—on 8th September I searched the prisoner at a quarter past 9; I found this handkerchief on her; I gave it to Hirwin—I found 6d. in silver on her.
HENRY HIRWIN (Policeman K 324). On 8th September I was called by Annie Coverdale about 8.15 to 47, Bingos Street, where I saw the prisoner and prosecutor—the prosecutor said, "I will give this woman into custody for stealing 3l. in gold and 20s. silver and a handkerchief from my side dress pocket"—I said to the prisoner, "You hear what this young woman says?"—she said "Yes"—I said, "I shall take you into custody for stealing this money and the handkerchief"—she said, "I know nothing about it, I will go with you to the station"—when the charge was read to her at the station she said, "I am innocent"—the female searcher gave me this handkerchief; I showed it to Annie Coverdale,
who identified it by the corner; before she left the station she had described it to me.
GUILTY.— Judgment respited.
Before Robert Malcolm Kerr Esq.
959. GEORGE CHANDLER (48) PLEADED GUILTY to stealing 2s. 6d., the money of Frederick Squirrell, from the person of Alice Squirrell; also to stealing 2s. 6 1/2 d., the money of William Woodruffe, from tie person of Ann Woodruffe, after a conviction of felony in August, 1885.— twelve Months' Hard labour.
MR. SANDERS Prosecuted.
ELIJAH BEAUMONT . I am fireman in the steamship Mercedes at the Royal Victoria Docks—about 2 p.m. I met the prisoner at Plaistow, and took her into a public-house, where we stayed till half-past 11—we then went to Crawford Street, Canning Town, and I went to bed with her—I had with, me 4l. and 2s. wrapped up in an account of wages—I had seen the money safe just before I went into the house—I gave the servant 2s. for the bed, and I gave the prisoner three sixpences before I went into the house to sleep with her all night—I put my trousers under my pillow—after I had been in bed about three-quarters of an hour the prisoner hit me in the mouth and woke me up—I found my mouth full of blood—I said, "What is this for?"—she said, "Get up, I am not going to stop in this house"—I found my trousers on the bed; I got up and put my hand in the pocket, and my money and papers and everything were gone—I said to her, "You have got my money"—she said, "No, I have not; come on, let us go out"—I said, "No, I won't go out"—she showed me a sovereign and three sixpences in her hand, and she would not give it to me—I took hold of her, and took it out of her hand, and chucked it on the table and said, "Let it be there till the constable comes"—a constable came—I have never seen any more of the money, nor the papers.
Cross-examined by the Prisoner. There was no one but yourself and me—we did not go into many public-houses.
By the COURT. I met her at 2, and we went to the brothel at half-past 11—we took a bottle of whisky home with us from the last public-house.
By the Prisoner. I did not give you a sovereign—I said I would give you more in the morning.
The COURT intimated that it would not be safe to convict the prisoner upon this evidence.
NOT GUILTY .
MR. FULTON Prosecuted.
8 o'clock, the prisoner came in in a state of intoxication, and I refused to servo him—he said "You must serve me"—I made no reply, but walked away—he went outside—I heard a stone come through the window—I went out and saw him running away, and he threw a stone at the next window—I followed him, and he pulled out a third stone and threw it at the window—the windows broken were of the value of from 21l. to 23l.
Cross-examined. You were not served for nearly two hours before I refused you—you were not drinking in my house from 10 to 12 hours that day—I saw you about a quarter of an hour one time and about 20 minutes another time.
HENRY TOWNSEND . I am potman at the Prince of Wales—on 28th August I was lighting the lamps outside the public-house, and I saw the prisoner come out of the door and take a stone out of his right-hand pocket and put it through the window—I jumped off the steps—he went to the other window, took another stone out, and threw it through that window—I did not see him take the third stone out, but I saw the window broken just as I got to the corner—I was sent for the police.
Cross-examined. I have taken you out of the house drunk several times.
JOHN GEORGE CUNDY . I am landlord of the Prince of Wales—I saw the windows after they were broken—the damage has been rightly estimated at about 21l., 7l. a pane—they were plate-glass windows, about 7 by 5 feet—I am insured.
GUILTY. Recommended to mercy by the Jury. — One Month's Hard Labour.
962. FRANK SHALDERS (33) PLEADED GUILTY to obtaining from Thomas Blackborrow 5l., with intent to defraud; also to stealing three sheets, the goods of George Braham, and to stealing five shirts, the goods of John Edward Namby.— Twelve Months' Hard Labour.
Before Mr. Recorder.
964. HENRY RUSSELL** (40) to three indictments for forging and uttering orders for the payment of 10l., 30l., and 20l., having been convicted at this Court in April, 1884.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. MACKENZIE Prosecuted.
GUILTY .— Six Months' Hard Labour.
Before Mr. Common Serjeant.
MR. WILKINSON and MR. COOKE, Prosecuted; MR. PURCELL
EMMA JENNINGS . I am barmaid at the Mortar public-house, Beresford Square, Woolwich—on 28th July, between 10.30 and 11, the prisoner came in with Johnson (See next case) and ordered drink, price 3 1/2 d., and gave me a bad half-crown, which I showed to the landlady, and then said "This is a bad one"—the prisoner said he got it from a betting man—it was put on the counter, and Johnson took it up and bent it at the edge with his teeth—it bent quite easily—he gave it to White—White gave me a good one without my asking—I gave him the change out of that, and they both left—this (produced) is the coin I received from the prisoner—it was not bent more than this.
Cross-examined. I do not recognise it by the date, or by any marks, simply by this little departure from the straight—I said before the Magistrate, "I am not sure it is the one," but I am sure now.
Re-examined. I said "The half-crown is the one White gave me" by the way it was bent.
WILLIAM HANSLOW . I live at 8, Anglesea Avenue, Woolwich—on the night of July 28th I was in the Mortar public-house about 10.40, and saw White and Johnson—White called for some gin and peppermint and tendered a half-crown—the barmaid said "This is a bad one"—White said "Oh, is it bad?" and gave her a good coin for it—Johnson said "Is this a bad one?" and bent it—while Johnson was bending it White said to him "There is a lot of bad coin about: my wife took a bad shilling only the other week"—White put the bad coin in his pocket—I was close to them, and could see the coin—he bent it with his teeth at the rim—this is it.
Cross-examined. When the barmaid said it was bad White said, "Is it? I did not think it was," and then Johnson took it up and bent it—the barmaid said, "Do not bend it or else you will not get them to change it again," and Johnson said, "Oh yes I shall; I know where I got it from they will change it"—I am quite positive this is the half-crown; I only recognise it by this bend—I did not have it in my hand—after he bent it he put it in White's hand, who put it on the counter.
Re-examined. When Johnson bit it I could have touched him with my hand if I liked.
ALFRED NEALE (Royal Arsenal Police). On July 28th, about 10.50 p.m., I was in the bar of the Mortar public-house in plain clothes and saw White there and heard Miss Jennings say, "This is a bad half-crown "—I saw her return it to him—I then left and communicated with Detective Lovejoy; we went back, and the prisoners were just coming out at the door—we followed them to the corner of Cross Street, where they stayed and shared out a quantity of money—they then went up Wellington Street; we followed them—Lovejoy took White and I took Johnson—White gave his name, but said, "I have got no address."
Cross-examined. That is all he said—I found on Johnson two half-crowns, five single shillings, six pennies, and three halfpence—there was no sixpence—I have been seven years in the force—White said, "I will not give my address because my mother is very ill, and if she knows it it will be the death of her"—I was there the next afternoon when Mr. Loder was there.
Re-examined. Being in the Arsenal I had nothing to do with the
station; all we have to do is to take prisoners to the station and give them in charge.
THOMAS CHARLES LOVEJOY (Detective Officer). On 28th July Neale made a communication to me just before 11 o'clock, and I went with him to the Mortar public-house and saw White and Johnson coming out—we followed them to the corner of the street, where they stopped three or four minutes and divided some money—they thon went up Wellington Street, and we came up with them opposite the Star—I stopped White and said, "I shall take you in custody for attempting to pass a bad half-crown at the Mortar public-house"—he said, "You have made a mistake"—I took him to the station; he gave his name, Frank White, and said, "I have no address"—he said his mother was ill and if she knew of it it would kill her—I found on him two florins, four shillings, a threepennypiece, and 2s. 10 1/2 d. in bronze—I said, "What have you done with the half-crown?"—he said, "I threw it away over the buildings"—they would pass Lower Market Street going up Wellington Street—the inspector handed me a half-crown at the station, which I handed back to him.
Cross-examined. Mr. Loder was at the station, but not to identify White—Barstable was there and Emma Jennings; that was about 12 o'clock on the 29th—three men were brought in from the street, Johnson and White and another man from the cells were placed with them—I cannot say whether there was an old man with a long beard; I think not—White placed himself—I heard that one of the men was a potman at a neighbouring public-house; he was about 18 or 19 and younger than the prisoners; the other two were about 24 or 25—Mr. Loder was in the yard—I don't think he failed to recognise anybody—it was nearly two o'clock when Mrs. Loder came in—the potboy did not look along the row and fail to pick the prisoner out—I was five yards behind him; I did not tell him to go and have another good look—I did not call out to Barstable "Walk straight up and touch him, he is looking in your face"—I heard Barstable say next day that he knew the person standing next the prisoner was the potboy at an adjoining public-house—there was no man there with a white apron and covered with white dust—I will not swear there was not a very ragged man wearing whiskers and a skull cap—I cannot say whether the prisoner was wearing a bird's-eye handkerchief round his neck before Mr. Loder came in or whether he took it off and put a red one on; I will not swear he did not—I did not say to him, "Put that bird's-eye on again," nor did he say, "I thought anybody could pick anybody out whatever clothes he wore," nor did I say, "It is your bird's-eye that will do you"—Mrs. Loder walked directly up to him—the inspector did not say, "Touch him, don't be afraid; "I don't think she was told to touch him with her umbrella—I did not hear her say she thought he was the man but was not sure.
By the COURT. The Mortar is about 50 yards from the Royal Oak.
HENRY RUTHERFORD (Policeman R 227). On 29th July, about 4 a.m., I was on duty in Market Street, Woolwich, and saw a bad half-crown in the middle of the footway, about 30 yards from one side of Wellington Street—I picked it up and marked it at the time; this is it (produced)—I took it to the station and showed it to Lovejoy.
of beer and a pennyworth of tobacco; he gave me a bad half-crown—I told him it was bad; he said he had only got a penny, which he gave me for the beer, and I took the tobacco back—he picked up the coin and took it away.
Cross-examined. I had never seen him before, he was not there more than five minutes—it was a very slack time, so no one was in the bar with me, but I do not think there was more than one other customer in that compartment—I went to the police-station alone on July 29th, and the Inspector took me into a yard; I saw about eight men in a room, but I only looked at one, as when I saw the face I was looking for I was satisfied—I could have picked him out from a thousand—I took no notice of his clothes.
Re-examined. Barstable was in the bar while White was there—I think the gas was alight—we have five compartments all lighted up, and White was in the middle one just in front of me.
By the COURT. I did not ring the coin—it was soft and rough, and I felt it was bad and I put it down again—I have had a good deal of experience from a child.
WILLIAM BARSTABLE . I am potboy at the Royal Oak—on 28th July I was in the bar wiping the glasses between 9 and 10 o'clock—White came in and had half a pint of ale and put down a half-crown—my mistress picked it up and said it was bad, he said "Is it? I did not know it was bad, I have only one penny," which he paid for the beer and gave the tobacco back and took up the half-crown—he left in about two minutes—I went to the station next day and saw several men there and White among them—I picked him out.
Cross-examined. I had never seen him before—I saw him two minutes, it might have been more or less, he came into the middle bar and I was behind the bar—at the station I saw a potboy who I knew, he was not standing next to White—I did not notice a man in the room wearing a beard—Lovejoy was behind me, and said "If that is the one touch him," but he did not point to him—I pointed, and he said "Don't point, touch him"—after I got my eyes on White I had a good look at him to make sure—I knew the potboy and knew it was not him—I did not notice that the others were at all like him.
He then PLEADED GUILTY to a conviction at this Court in May, 1885, of unlawfully uttering counterfeit coin. (See next case.)
Cross-examined by Johnson. You did not say that you stopped five nights out of the seven in Holloway Road, you said "in on place," but
when you were going to the cell you said that you stopped at some coffee-house in Holloway Road, but you did not know the name or number.
ROSE CREPPEL . I am barmaid at the White Horse, Friday Street—on 28th June, about 4.15, I served Johnson with twopenny worth of whisky and a twopenny cigar—he gave me a bad sovereign, the pewter showed through as it does now—I said "This is bad," and asked him if he had any more—he said "Yes, he had twopence," which he gave mo, and gave mo back the cigar—he said he received the sovereign on Saturday for one pound's worth of silver—I marked it—this is it (produced)—a constable was sent for—Scott came back with the prisoner five or ten minutes afterwards, and he was given in custody.
JOHN SCOTT (City Policeman 536). I saw Johnson come out of the White Horse—the landlady spoke to me, and I said to him, "You have some bad coin"—he made no answer, but gave me this sovereign—I said, "You will have to come back to the public-house with me," and asked where he got it—he said, "I don't know," and then said, "I got it from the house inside"—I took him to the station, and found a small foreign coin on him, but no English money—he gave his name John Smith, and said that ho did not want to give his address because of his mother—he was remanded at the Mansion House for a week, and then discharged, that being the only uttering.
Johnson's Defence. I had the misfortune to have this sovereign given me for silver. I met White, who asked me to have a drink. He threw down a half-crown. I did not know what he was going to pay with. I am entirely innocent.
GUILTY . WHITE— Two Years' Hard Labour. JOHNSON— Twelve Months' Hard Labour.
970. WILLIAM ALLEN LENEY (35) PLEADED GUILTY to forging and uttering an order for the payment of 25l.; also to forging and uttering an order for the payment of 15l., and to obtaining from Ralph Walker two pumps by false pretences, with intent to defraud.— Ten Months' Hard Labour.
971. STEPHEN BUTLER (19), JOHN BIGGS (17), GEORGE THEOBALD (18), and JAMES HAWES (17) , Burglary in the dwelling-house of George Henry Campbell, and stealing therein an iron safe, a pair of boots and other articles, and 91l. 5s., to which
BUTLER, BIGGS, and HAWES PLEADED GUILTY .
GEORGE HENRY CAMPBELL . I am proprietor of the White Hart public-house, Clare Street, Woolwich—on the night of 29th July I went to bed about 12 o'clock—all the doors and windows were then safe—I was aroused by Sergeant Brenchley, and came downstairs and found the bar-parlour had been ransacked—I found on two windows and a door marks of an attempted entry—the putty had been cut away from one of the windows, and the catch of the bar-parlour window had been forced back, and the window was open—I missed an iron safe weighing about 4 cwt., which I afterwards identified at the police-court—a desk had also been forced open—endeavours had been made to force open the safe, but
were ineffectual—I also missed a pair of boots, a couple of handkerchiefs, a counterfeit florin and half-crown, and 91l. 18s. 7d., which was in the safe the night before—I have since seen the handkerchiefs and the pair of boots at the police-court, and identified them.
GEORGE BRENCHILEY (Police Sergeant R). On Friday morning, 30th July, shortly before 6 o'clock, I went with West to the White Hart, and found a door leading from Mortgranite Square to the back of the house open—I called up Mr. Campbell, and found the premises had been broken into—an entry had been effected by forcing back the catch of the bar-parlour window—there had been several other attempts—I found marks outside the scullery window which corresponded with this chisel (produced), which was found by West on the barrow in the street—I found in the yard the ornamental parts of the safe, the plate, lock, and screw—attempts had been made to force the safe by taking them away—I also found portions of a broken knife and this hammer—the safe was found by the constable—I found there had been a writing-desk forced open, and warrants and memoranda were strewn over the parlour, and there were marks where the safe had been taken through the window—I then went to the station, where Butler was detained—I took Mr. Campbell's boots off his feet—on the next night I went to Mr. Campbell's—the prisoner was potman there, and assisted in the bar in the evening—I had before that received certain information, and in consequence of that I spoke to him—I called him into the bar-parlour, and in the presence of Mr. Campbell I said, "Theobald, I am going to take you and charge you with being concerned with Butler, Biggs, and others in breaking into the White Hart last night; I find you were at the Coat and Badge beerhouse drinking with him, and in conversation with him late last night"—he said, "They asked me if there was any chance to get into our place; they asked me about the doors, bars, and bolts, and where the ladder was kept, and whether the safe was kept upstairs or down, and I told them it was in the back parlour or bar-parlour; they asked me if I thought they could force back the catch with a knife; I said 'Yes, I think you can;' they said 'All right, you keep quiet, there will be a ruck up to-night;' I left them and went home to bed; I do not know what they done till this morning"—on the way to the police-station he said, "I knew where they were going to take the safe to"—Mr. Campbell had dismissed the prisoner the night before for dishonesty, and he reinstated him the following morning after the burglary at my request.
Witness for the Defence.
ABAKA THEOBALD . I am the mother of the prisoner, and live at 9, Monk Street, Woolwich—my husband is a labourer—the prisoner was home on 29th July as near as possible at 11.30 p.m.—he came upstairs to find the lamp; he was the worse for drink, and I would not let him have it because he could not carry it—he said that what he said to the boys had no meaning in it, he did not know what he said.
The prisoner repeated the same statement in his defence.
BUTLER* † also PLEADED GUILTY to a conviction of felony in December, 1885, and HAWES** † to one in December, 1883.— Fifteen Months' Hard Labour each. BIGGS†.— Twelve Month' Hard Labour. THEOBALD'S father entered into recognisances in 30l. to bring his son up for judgment when called on.
The COURT commended the conduct of the constables.
MR. WARBURTON Prosecuted.
ALFRED LUPTON . I am an insurance collector and live at 8, Frobisher Street, East Greenwich—I missed this watch and chain, which I value at about 35s., on 31st July when I came out of a public-house in a street leading to High Street, Deptford—I asked some one the way—I was tripped up and my watch, and chain were taken from my watch pocket—I was not quite sober—I cannot say if the prisoner was there—I was looking at my watch not five minutes before—I saw it taken out of my pocket.
Cross-examined. I lost it about half past 10 o'clock—I cannot recognise you.
CHARLES GEORGE BIRD . I live at 12, Etter Street, Deptford—I am a butcher's slaughterman—on 1st August at a quarter to one I saw the prisoner in Wellington Street, Deptford—he said "Will you buy a watch and chain?"—he had this one in his hand—I said "Yes, how much do you want for it?"—he said "18s."—I gave him 10s. in gold—he asked me if I had got 10s. in silver, and I gave it to him—I saw a detective and gave him the watch and chain on 2nd August and said how I got it—I knew the prisoner by sight and name—none of his friends were there—I have not been in the habit of buying watches in the street.
Cross-examined. I am on my oath that you sold it to me in Wellington Street.
GEORGE WILLIAM PICKERING . I am a butcher's assistant and live at 32, Hughes Fields, Deptford—on 1st August about one o'clock I was with Bird in Wellington Street—the prisoner asked Bird to buy this watch and chain—I saw the bargain and saw him pay 10s.—I knew the prisoner before.
FRANCIS SHAVE (Detective E). On 11th August I took the prisoner into custody and told him he would be charged on suspicion of stealing a watch and chain the week previous—he said "What time did it happen on Saturday?"—then he said "I know nothing about a watch"—I said "What about the watch and chain you sold to Bird for 10s.?"—he said "I admit I sold a watch and chain to Bird, but I did not take the money, he gave it to another chap?"—I took him to the station, where in front of Bird he said "It was not me that sold you the watch and chain, it was George Pickering; you gave George Fellows the half-sovereign, they said they stole the watch at half past 10"—"they" meant Pickering and Fellows—the charge was read over to him and he said "Fellows and Hopkins stole the watch, and you have got me here"—he said that to Bird—"I saw them steal it, I was working till 12 o'clock in the soapery."
Cross-examined. I found you left work about 8 o'clock and returned
about half-past 11—I made inquiry at the soapery and found that on Saturday night, the 31st, you with others were engaged to unload vans and that one van had not returned, and you were waiting for it from half-past eight to half-past eleven outside the works and round the neighbourhood—the van was not expected back till late and you waited about and one of you came back occasionally to inquire if it had come.
By the COURT. The place he works at is about 150 yards from where the watch was stolen.
The Prisoner's Statement before the Magistrate. "I am innocent; I work till 12 o'clock pretty nearly every night."
GUILTY†on the second count of receiving. — Nine Months' Hard Labour.
MR. WARBUTON Prosecuted.
GUILTY .— Six Months' Hard Labour.
Before Mr. Justice Wills.
MR. POLAND Prosecuted.
CHARLES HONE . I am a licensed broker, of 2, Gloucester Street, West Norwood—on Sunday, 8th August, at 9 a.m., I was at my door when I saw the deceased coming down towards my shop—she met the prisoner and said, "You are a beast," or something of that sort—he said something which I did not quite catch and ran after her for about 100 yards, I should say, and struck her on the head—she went against a wall and saved herself; her head did not strike the wall—the prisoner came back and the deceased came down to Bell's coffee shop, next door to me, which is about 50 or 60 yards from where she was struck; Mrs. Bell gave her a cup of tea—the prisoner went away—the deceased was quite sober; she had not her bonnet on—I heard some time after that she was dead.
ANN BELL . I keep a coffee house in Gloucester Street, Norwood—at the time in question I saw the deceased going up the hill just by our house; she seemed all right—I saw the prisoner run after her; I heard him swear and I went to my door and saw him running after her—I went across the road to see if he caught her, and as he was going up the hill he struck her across the head; he came back again—I said to him, "I should have thought you would have got over your temper by the time you got there;" he made no answer—the deceased afterwards came down the hill crying; I gave her a cup of tea—she stayed about ten minutes and appeared to be quite sober.
Cross-examined. I saw you strike her—I did not say to you, "You had not the heart to hit the woman when you did overtake her"—I said, "You cowardly hound, for two pins I would give you a good thrashing myself."
ordinary health; she was sober—she told me the prisoner had hit her on the head—I went down to do my horses; when I came back she was retching—her brother came to see her and she went to bed; her sister then came—a doctor was sent for.
The Prisoner. The doctor was sent for before her sister came.
The Witness. Yes; he sent me for the doctor at about four o'clock.
LYDIA WARDEN . I am the wife of Stephen Warden, and sister of the deceased—on the 8th August I was sent for to see her at 7, Knight's Hill Square—she was lying on the bed; the prisoner was sitting in the room by her side—she complained of her head being very bad—I got her off the bed into the next room, where I undressed her and put her to bed—I asked the prisoner what was the matter, and he said he had cut some cabbages from the garden and my sister had followed him, and he gave her a slap on the head, but that he did not intend to hurt her, and he was so sorry for what he had done—I went on the Wednesday morning and found her much better and waited till the doctor saw her again—she went to work on the following Saturday.
By the COURT. She had lived with the prisoner for eight years—I always understood he was kind to her until the present—she had children, but not by him—I always understood he took care of them—he is a labourer—I have known him to take a little drink at times—the youngest child is 11 years old.
JOHN BADCOCK HARRIS . I am a surgeon, practising at Norwood—on Sunday afternoon, the 8th August, I went to see the deceased—she was suffering from concussion of the brain, and was unconscious—I examined her head, but found no external mark—I saw her again at about 9 o'clock, when she had recovered consciousness—I saw her again the next day when she was perfectly conscious; also on Tuesday—she kept her bed, but was much better, and had recovered from the effects of the concussion, and was going on very well—my next visit would be Thursday, but she came early in the morning before I started—she mentioned her intention of going to work—I ordered her not to at any rate that week—on the following Monday she came again for another bottle of medicine—she was very well then—on Wednesday evening I was again called to her house, when I found her lying down in a weak state—there were no very definite symptoms except debility and slight pain in the head—then practically the case passed out of my hands, and I saw her no more till I was ordered to make a post-mortem—she died on Sunday, I think—the parish doctor took charge of her after me—I attended the post-mortem at her own house on Friday, the 23rd, with Mr. Adams, a surgeon—I found no external marks—the internal part of the scalp was bruised and congested, and the covering of the bone, also over the same spot, was congested—the outer covering of the brain in the same situation was congested, and beneath the outer and inner membrane there was a quantity of clotted blood which had been slowly oozing, and which, in my opinion, was the cause of death—she really suffered from two distinct causes from the effects of the blow, viz., from primary concussion, from which she recovered, and the same blow no doubt broke a vessel of the brain, which slowly oozed, giving no sign until afterwards—I think a blow with the soft part of the fist would account for the primary concussion, and for the state in which I saw her on Sunday, supposing it had been done in the morning, and the other symptoms,
getting better and so on, and worse again, would follow the effect of the original injury—her going to work was a very imprudent thing, and I was not aware she had done so—if she had not it would have given her a very much better chance, no doubt—effects of injuries to the brain may come on some hours after, or at once; it all depends on the severity of the blow.
By the COURT. It also depends on the size of the bloodvessel injured—this was a kind of bruise injury, not a rupture of any large vessel.
CHARLES EDWARD ADAMS . I am a surgeon, of Gipsy Hill, Norwood—on Friday, the 20th August, I was sent for to 7, Knight's Hill Square, where I saw the deceased—she was lying on the bed very weak, though conscious—she complained of headache—I saw her again at 6 a.m. in a dying condition—I called at noon, and found she was dead—I was present at the post-mortem examination with the last witness—the cause of death was concussion of the brain, which might be caused by a blow with the soft part of the fist—there were no external marks.
CORNELIUS BRANDWIGHT (Inspector P). On Saturday night, the 21st August, Dr. Harris made a communication to me, and I went to 7, Knight's Hill Square, where I found the deceased dead—in the adjoining room I found the prisoner in bed, and the lad George Taylor and another boy—I said to the prisoner "Is your name Taylor?"—he said "No, my name is Ricketts"—I said "What is the name of the person who died here this morning?"—he said "Emily Taylor; she had been ill some time"—I said to George Taylor "You know something of what occurred here?"—he said "Yes; Ricketts and my mother had a few words; they struggled; I saw Ricketts holding my mother by the throat; I heard her scream murder; I did not see him strike her; that was on Sunday morning, a fortnight ago"—I said to Ricketts "I shall arrest you for assaulting and causing the death of Emily Taylor"—he said" I can't help it; if she was alive she would be able to tell you, but of course she ain't"—the prisoner is a hard-working man—he was fined once for drunkenness on the 27th April, 1885.
The Prisoner's Statement before the Magistrate. "She told me if she had not gone to work she believed she would have got over it all right."
Prisoner's Defence. I didn't do it with the intention to do the woman any injury. I am very sorry indeed for it, and so was she, and she told me if she had not gone to work on Saturday she believed she would have been all right.
GUILTY. Strongly recommended to mercy by the Jury. — Three Months' Hard Labour.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. GEOGHEGAN
ARTHUR HEBET WHITE . I am a brother of the deceased; his age was 32—he had been for some time employed by Mr. Mills, a butcher, in the Old Kent Road—the prisoner had been employed by a baker in the Old Kent Road—it was his duty to call for orders with a horse and van—my brother was married, and lived at 3, Willowbrook Grove, Camberwell—on Monday, 16th August, my brother spoke to me—in consequence of what he said I went to the baker's shop where the prisoner was
employed; I did not go in, I saw the prisoner—after that I went to my brother's house, and in consequence of what he said I watched there for some time—that was about 2.30 p.m.—while there the prisoner drew up with his horse and van—he went into the house, remained some little time, and came out and drove away—I saw him there again at night with the van about 6—I made a communication to my brother, who went with me to my lodging—the next morning we went to the Trafalgar Road, to a friend who owed him some money, and in the course of the morning I went with my brother to a public-house about 11—we remained till 2 o'clock; we were drinking part of the time—about 2 o'clock I went with my brother to his house—I saw a baker's van outside with a grey horse; the prisoner was not in charge—I followed my brother into the house, he had let himself in with a latchkey—he occupied the basement, and let the upper part of the house—following my brother I went to the back parlour—I and my brother saw the prisoner and my sister-in-law standing together, his arm was round the top of her shoulders—my brother said "That is your b—y game"—I turned my head; I could not say who struck the first blow, but my brother fell—I heard three blows—both were kneeling on him; the prisoner was on his breast—the woman was helping the man, she was on his chest—I went for a policeman—my brother was struggling to get up—I was away only a few minutes, I came back with Godfrey—they were between the washhouse and the kitchen—my brother was down, with his head on the step hanging down into the kitchen—the prisoner and his wife were down on him again, kneeling on him—he was knocked about the head and face, and covered in blood—I saw no blow—I went out to get my hat and coat—I hung my coat on the railings to make for him, and he made his escape over the fence in the back garden—he went through a neighbour's house and round to the van—he then had his coat and hat on; he had had his coat and waistcoat off during the encounter—he took them off when he went into the house the second time to "make for him," when they went into the washhouse—I found him with it off—there was a crowd; I was excited—I and my brother were sober; we had two pots of ale between five people—I and my brother ran after the prisoner; not overtaking him we returned to the house—I had words with Mrs. White; blows were struck—my brother went into the house; I heard something like the breaking of crockery, and the two windows of the front parlour were crushed in by his fist—he came out to do that; he was very angry—he had cuts on his wrist from breaking the window, and blood was on his face—the prisoner had blood flowing from his cheek from under one of his eyes—I and my brother went into Mrs. Coles's, a neighbour's—I washed the blood from him and we had a cup of tea—we left Mrs. Coles's together—I remained in his company that afternoon and evening—my brother complained to me of his condition—we went to Chelsea, to my eldest brother, and then he came back to my house to sleep—he could not move, I had to put him to bed—he got worse; he woke me about 3 and complained about his chest—about 12 the next night, in consequence of his condition I went to Dr. O'Neil, who saw him on Thursday morning, the 19th—on Friday, the 20th, I went to my eldest brother in a cab to tell him his injuries were fatal—I took him to St. George's Hospital; he leaned on me, I half carried him—he remained there till Monday night, 23rd August, when he died.
Cross-examined. I had seen my brother the three previous Sunday—I was not at work for him—I work at Battersea as butler and waiter—I was out of work when this happened—Mrs. White said I told a lot of lies about my poor brother, but not that I was the only person who made trouble between man and wife—I attended the inquest the whole time—I heard O'Neil's evidence—I mentioned about Payne kneeling on my brother at the police-court. (Read: "There was a struggle, my brother fell and his wife knelt on him while Payne paid him, he punched him with his fist several times, it lasted six or seven minutes," and "When he was on the ground his wife was kneeling on him, he was on his back, she knelt on his cheat.") I correct the word—it was "Both knelt on him"—they were both kneeling on him—if I did not mention that fact before the Coroner or Magistrate I suppose I was rather excited—I was not drunk—I did not take off my coat and hat sooner because I did not think it necessary—when I went for a policeman he was up—I did not think he was hurt—he was ill—he was very much the worse for it—he was a good deal knocked about—I was on friendly terms with the wife, I was there on the Sunday—it was not in consequence of what I told my brother that the occurrence took place, it was going on before than—if the police say my brother was beastly drunk it is not correct—I did not say he took up the poker—I heard the police tell my brother to calm down, and say "Go to the Magistrate in the morning," and my brother said "What is the use? I struck the first blow."
ELLEN COLE . I live at 4, Willow brook Grove, next door to where the deceased and his wife lived—I knew Mr. and Mrs. White and the prisoner as the baker's man who was in the habit of calling for orders and to bring bread—my attention was called to him on Monday, 16th August—on 17th from the noise I heard at the back I went to the front between two and three—it was like scuffling and tumbling over the furniture and screaming—I saw the man outside; I heard more noise; I went into No. 3, I saw Mrs. White and spoke to her—I went into the kitchen—between the washhouse and the kitchen I saw Payne and Mr. White struggling together on the floor—White was underneath and Payne was on the top—White's head was hanging half sideways from the washhouse step and he was bleeding from the nose—Payne was over him with their legs and arms linked like wrestling together, their chests together—the struggle lasted a few minutes—I said "Do not lie and fight but get up and fight like men"—I laid hold of White's arm and pulled him, and Mrs. White laid hold of Payne's arm and pulled him—then I went away—Payne made his way through my kitchen, he asked me if he could go there—I said "Anywhere to get out of this dreadful row," and he went through and drove off—White went after the van with his arms in the air like hammers and screaming out and swearing, then he went back to his house and began breaking up the things—I did not go into his ho se, but I heard the crashing of glass—I saw the front window smashed—after that a policeman brought him into my house, and I did all I could to calm him, he was in dreadful excitement—I got a towel and washed him; he was crying bitterly—during the struggle they seemed as if they were thoroughly winded and exhausted with fighting—White had had some drink, but was not drunk; I do not think he had had more than he ought to have had—when I had given him his tea he and his brother went away together—he tried to get back but they prevented him—he
was quiet when he left my house, but when he went to the door he seemed to get excited again—I did not see him go.
Cross-examined. White was rather short and stout, a heavier built and sturdier man than the prisoner—his arms were bleeding when he came in—he had hit the windows with his fist straight from the shoulder—he acted like a madman.
GEORGE GODFREY (Policeman P 212). On 17th August I was called to this house about 2.30 p.m.—I saw White outside the house bleeding from the nose and smashing the windows with his fists and saying, "Let me get at him, he seduced my wife"—he was drunk—he afterwards went in and cut the children's clothes—the brother was there 20 yards before me—the prisoner came from an adjoining house, got up in his van and drove away—I heard smashing inside the house—I saw White throw a saucepan at his wife in the passage and hang; up the children's clothes upon the door, and with a large butcher's knife cut them to pieces—I took the knife from him—he made a statement about his wife—after a time he went into No. 4—the wife was very excited and had a black eye.
Cross-examined. I told White to go to the Magistrate—he said, "What is the use of that? I struck the first blow"—I described him as staggering drunk—it was a three-pints saucepan—he took it up and deliberately threw it.
GEORGE HARKETT (Policeman PR). I followed Godfrey—I saw the deceased taking things out of a drawer, and when the knife was taken from him he jumped upon the drawer—he fell forward against the chest of drawers and on to the ground behind the kitchen door—he then threw a piece of soap at his wife—I never saw a man so mad drunk—I arrested the prisoner on the 23rd; I said I should take him to the station for assaulting a man named White on the 17th—he said, "All right, I suppose you will let me put my horse and van away and do my booking," which I allowed him to do—on the way to the station he said, "Well, what I done was in self-defence; when he came in he was fairly mad and struck me in the eye in the passage before I knew where I was, and of course I hit him back and was glad to get out of his way. I came through the next house. His wife asked me to come in to see what he had done to her home. As for being there for any unlawful purpose which he said I was, I will take my oath I was not any more than you"—he was taken to the station; the charge was read over to him, he made no reply.
Cross-examined. White fell with his full weight against the chest of drawers.
JOHN WEBB (Police Inspector). After I heard of the death of white I arrested Mrs. White—she was taken before the Magistrate and discharged—I examined the room where the struggle took place—the chest of drawers had been removed; I saw them—I took this knob (produced) off the drawers; it was an old-fashioned 3ft. 6 in. high chest, and the knob would be about eight inches from the top—there was a 5-8th of an inch beading round the top.
PATRICK JAMES O'NEIL . I am a registered medical man practising at 145, Battersea Park Road—I was called to the deceased on Wednesday night at 12—I saw him in the back kitchen downstairs in bed—on one side of the sternum was an irregular oval bruise, a little over two inches one way and one and a half-inches another—I saw it by the light of a
lamp; I could not give an accurate description of it—I was afraid he would get inflammation of the lungs—I did not inquire whether the bruise increased in size, as I was under the impression I was a makeshift, and that he would be taken to the hospital—if caused by a fall it must have been upon rather an oval surface—it might have been caused by a man's kneeling on the place—a blow from the fist would produce it, or a fall on this knob of the chest of drawers.
WILLIAM FREDERICK DEWSNAP . I am house surgeon at St. Thomas's Hospital—the deceased was admitted on the morning of 20th August by myself; I examined him—he had a large sized bruise on the side of his chest, and several bruises and scratches about his chest—he died at nine o'clock on the 23rd—I was present at the post-mortem examination—the sternum was fractured; it was a transverse fracture of the first and second portions of the bone—the cause of death was pyeemia or blood poisoning from the fracture—it might have been done by a man's fist if the man had stood up and another man had punched him with all his force—it might possibly have been caused by falling on the knob of the chest of drawers—I should have thought that falling against some blunter object would have caused it—kneeling on him violently might have caused it—he was a stoutly built man.
Cross-examined. I think he would be able to act with the violence described after his injuries—there was no separation of the bones.
NOT GUILTY .
NOT GUILTY .
MR. ISAACSON Prosecuted.
WILLIAM SOUTHWELL . I am a beerhouse keeper, and proprietor of the Royal George, East Street, Walworth—the prisoner is a customer—on Saturday, 31st July, about 4 p.m., I was in my shirt sleeves behind the bar—the prisoner said to her husband "From the brutal treatment I have received from you I'll do you some serious injury," and she left the house—they had had high words—they had been there about half an hour—she returned in about 10 minutes—she sat on the form for about 10 minutes—then she put her hand in her pocket and pulled out a bottle and threw the contents at her husband, and said "Take that, Charles Grant; that is vitriol"—some went on him, some on me, and some on the customers—she jerked it out of the bottle with the right hand—I should think there was about half a pint of it—she threw it nearly all—it burnt me down my arms, and burnt the shirt sleeves and this newspaper which was by my side—my arm was resting on the counter—her husband knocked her down and ran out of the house—I gave her into custody—I believe she had provocation—she remained in the house during the 10 minutes I was getting a constable—I would not allow her to leave.
Cross-examined by the Prisoner. You did not throw it at me—you did not intend it for me—I have had my shirt since you were in custody—I do not wish to be severe with you—the shirt is as at was.
The COURT held that there being no intent shown to injure Southwell, the indictment failed.
NOT GUILTY .
M. ISAACSON Prosecuted.
WILLIAM SOUTHWELL . Everything I have said in the previous case is true—Mr. and Mrs. Grant were quarrelling, and Mrs. Grant said "You have been using me very bad for these last 11 years; I am determined to do you some harm"—her husband was standing in front of me—Lockton was in the bar at the time.
Cross-examined by the Prisoner. You had a female with you, and means to get rid of the bottle.
JAMES LOCKTON . I am a waterside labourer—I live at 80, Sultan Street, Camberwell—on Saturday, 31st July, I was in the Royal George between 4 and 5—there were about six customers in the bar, and Charles Grant and his wife—Grant was standing with his back towards the counter, and I was standing to the left of him—his wife came in, and they appeared to have had words in their own place—she said "Oh, you are here, Charles Grant?"—he said "Yes"—she said "I mean to do you some bodily harm"—he stood and took no notice—she called for a pint of beer for her friend and herself, and sat down—when they had drunk it she went out, threatening him that she would do him some harm—she returned shortly after—she called for half a pint of four ale, and sat on the seat again—she put her hands in her pockets on each side—I thought I heard the screw of a cork—I gave her husband the offer to move as he had been threatened—she took a bottle out of her pocket like a soda water bottle, and said "That is vitriol, you sod, and that will blind you"—she threw it from her right hand, holding the big part of the bottle low down—the husband got most of it; it ran down one side of his face and down his guernsey and waistcoat—he knocked her down and kicked her, and went from the house—I saw his neck-handkerchief burning—he went to the doctor, and knowing his wife was in charge, he said no one had a better right to give her in charge than he had—it came out like white blotches all over his face, like blisters—I got one spot on my hat—I saw more on others; it put the clothes all in holes.
CHARLES GRANT (Examined by the Prisoner). I did not see you throw anything—my face has only a little rash mark; you did not cause it—I had had it a fortnight or three weeks before this happened—this mark was on my neck when I same from the country—I had no marks on my body when I came from the country—I did not charge you—I have been too drunk—you did not pour it down my back, and if you poured it on my face where are the marks? my face is as clear as the first day I was born.
By MR. ISAACSON. I was drunk, and did not know what happened—I saw nothing—I had been drinking all the month in that man's house—I was always in the house—I was there on Sunday night—I don't know whether the witnesses have spoken the truth or not—if she chucked it on my face there would have been the mark—I saw no bottle.
him—this newspaper and shirt were shown to me—the prisoner said it was only water.
Cross-examined by the Prisoner. You were searched at the station; nothing was found on you—you said you were not inside the beershop until I came—I did not see you pass anything.
The Prisoner's Statement before the Magistrate. "I did not throw the fluid. If I had a bottle what became of it?"
The prisoner in defence handed in a long written statement to the effect that she had suffered from her husband's brutality for 11 years, she had been to the hospital six times, had her ribs fractured twice, and ribs kicked out of joint through her husband's drunkenness, and that the publicans encouraged him to be in their houses from morning till night.
GUILTY. The Jury strongly recommended her to mercy. — Twelve Months' Hard Labour.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted;
MR. GEOGHEGAN Defended.
NOT GUILTY .
M. MATHEWS, for the prosecution, offered no evidence.
NOT GUILTY .
MR. WILKINSON Prosecuted.
CHARLES MARTYR . On 29th and 30th July I was taking care of the house of Mr. William Budd, of 9, Crown Villas, the Oval, Kennington—on the night of the 29th I went to bed about 11 o'clock, after fastening up the house—about 5.30 I was awoke by a noise in the house—I went down into the front drawing-room on the first floor, and saw the prisoner there looking over a drawer which he had taken from the sideboard—I said, "What is your game here? what are you after?"—he did not say anything; he went into the back room, took up the poker from the fireplace, and hit me on the head—I closed with him the best I could; I fell on my knees from the blow—he broke from me and went down-stairs—I called out "Stop thief"—I saw him leave by the back door, and I afterwards saw him in the street; he was stopped and given into custody—I afterwards examined the premises, and found things generally turned over—one of the panels of the back door had been taken out and the door opened; it had been bolted the previous night—a pane of glass had been taken out of the door leading to the passage, so that the bolt could be reached and the door opened—a hole had been made in the bottom panel by means of a gimlet, and in the passage I found this chisel.
WILLIAM STACEY . I am attendant at some baths in Kennigton—on the morning of 30th July, about 10 minutes to 6, I was passing by Crown Villas, and saw the prisoner run out of No. 1—I heard the last witness call out "Stop thief" in a very low tone of voice—I ran after the prisoner about 50 yards, caught him and brought him back, and ho was given in custody.
CHARLES VOICE (Policeman L 126). I saw the prisoner walking pretty sharp, followed by Stacey, who called to me—I stopped him, and took him back to the house, where I found Martyr bleeding—he called my attention to the back door—the prisoner said, "That pane of glass was out when I came in"—I saw this chisel lying in the passage; it was shown to the prisoner; he said, "I know nothing about that"—I took him to the station, searched him, and found on him this screwdriver, putty knife, gimlet, two pocket-knives, two keys on a ring, and a box of matches—I saw this bit of wood in the kitchen, it fits the hole in the door.
JAMES BURNETT (Police Inspector W). I examined these premises I compared this chisel with the marks on the back door, they corresponded exactly—I also examined the door leading from the kitchen to the passage; I found this round piece of wood had been taken out of it; there were some marks on it, and also some on the door, evidently made by the gimlet—an arm could be put through the hole and reach the bottom bolt, but not the top one; a small garden hoe had been brought in from the garden, and by putting that through the top bolt could be reached.
Prisoner's Defence. I am quite innocent of breaking into the house. I was walking past, and walked through from front to back. The witness came down and ran after me. He fell down the steps, and that was how he got the injury.
EMMA FROST . I am the wife of John Frost, of 10, Llewellyn Grove, Bermondsey—I let one room—on 2nd August I fastened the street door and went to bed; it was secured by a string and left on the latch for some one who was out to let himself in—I came down in the morning a little after 6; the door was then ajar—I missed a pair of boots from the kitchen, and later on I missed my mother's black shawl, which I had loft hanging over a chair—this pair of old boots I found in the dusthole.
ALFRED GROVES . I am assistant to Mr. Groves, pawnbroker, 73, Bermondsey Street—I produce a black shawl pledged on 3rd August by the prisoner for 1s. 6d.; this duplicate relates to it—she was a customer; she had not pledged this shawl before to my knowledge.
Prisoner's Defence. The shawl belongs to me; I work very hard for my living; I have a young family. Those shoes are not mine. This is all my husband's doing, he has said ho would give any one 5l. to get rid of me.
WILLIAM MATTHEWS . I am an ironfounder, and live at 3, Victoria Place, Bermondsey—on the night of 2nd August I had a coat safe about 11, on a nail behind my bedroom door; I missed it about 6 next morning—this is it; it is worth 12s. 6d.—the door was left ajar.
EDWIN NUNN . I am assistant to Mr. Burls, pawnbroker—this jacket was pledged on 3rd August in the name of Ann Driver—I cannot swear it was by the prisoner; I know her face as a customer—this ticket relates to it.
WILLIAM CROSTON (Police Sergeant M). I arrested the prisoner on another charge; on remand I charged her with this—she said "Very well; have you any more?"—I said "Yes, a good deal more"—she said "Bring them up then."
Prisoner's Defence. I bought this ticket in the Crown public-house for 4d.—as for the coat, I know nothing about it.
ELIZABETH THOMPSON . I am the wife of David Thompson, of 3, Neckinger Place, Bermondsey—on the morning of 27th July my husband went out to work at half-past 4—I got up at half-past 8 and missed 4s. 6d. in silver, a flannel petticoat, a pair of boots, and a child's frock—I had seen them safe at half-past 4—the bolt of the street door was undone and the door open—there was a broken window in the downstairs room, where all the property was; it had been broken three weeks before—this red petticoat and frock (produced) are mine; the boots are not forthcoming.
Prisoner's Defence. The petticoat is mine; I bought the things of a woman I am in the habit of buying of. Witness. I know the petticoat by my own needlework on it.
ELLEN JOHNSON . The prisoner is my mother—one morning, a few days before Bank Holiday, she came home about a quarter to 7 and brought in two petticoats and a little frock—this red petticoat is one of them, and this is the little frock—my mother had not been home the night before—she said she had given 8d. or 9d. for the things.
WILLIAM CROSTON (Police Sergeant). On 27th July I examined the prosecutor's place—the front room was all in confusion, the window open, and there were traces of a person having put back the catch from the inside—no doubt the person had passed out that way—I got a description of some property that had been stolen, and on 11th August I arrested the prisoner—I told her of this charge and of another—she said "Well, you will have to prove it"—at the station I showed her this petticoat, and said I had found it at her lodging—she said "You will have to prove how it came there"—I found this pawn-ticket relating to the remainder of the property.
GUILTY of larceny.
She also PLEADED GUILTY to a previous conviction at Southwark Police-court on 20th August, 1885.— Twelve Months' Hard Labour.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. POLAND and GILL Prosecuted.
MARY ANN CARTER . I live at 7, Thetford Place, Rotherhithe, and am the wife of Richard Carter, a labourer—the prisoner's wife is my husband's sister—they have three children; the eldest is 10, and the other 7, and the baby, Charles Parr, 2 1/2—I saw the prisoner and his wife frequently—they lived in the same house with me for two years, and went backwards and forwards through the same room that I lived in—I saw this child sometimes once a day, sometimes oftener—the prisoner worked at the gas works, on and off, as a labourer; he was not a constant man—this child had been ailing, on and off, for this last year—I said once I thought it was looking very bad, and asked him why he did not go and get a doctor's order for it, and he told me to mind my own business—I thought he ought to have gone to a doctor with it—I said, "How bad your baby looks"—he said, "It does"—I said, why not send his wife with it to a doctor, and she said she could not as she had nothing to go out in—that was a fact; sometimes she used to sit in her chemise sleeves and an old petticoat and an apron round her shoulders—I spoke about the child's state till I was tired, and he has told me to mind my own business—it used to get a little sop, more often made with sugar and water than milk—the prisoner used to come home regularly, and he used to drink very much when he could get it—he has given his wife sometimes half-a-crown, according to what he has been doing, sometimes 6d., and sometimes 1s.; I do not know out of what sum that was—I have heard her say to him, "Charley, why don't you give me some money to buy an old skirt, to take the child to get some medicine?" and he has said, "That is all I have got"—he used to have his meals at home, and have the same as the others—he used to drink on Friday and Saturday—his wages were paid on Friday usually, and if he worked on Sunday they were paid on Monday morning between 8 o'clock and half-past—he used to get drunk every week if he was in work—I took the child on Saturday, 31st July, to Guy's Hospital, and left it there—it had been suffering from diarrhoea and bronchitis for two or three months before, and was very bad—the prisoner stopped out all that night with 7s. 4d., and came home on Sunday morning about half-past 8 or 9—I was in the room at the time taking up some tea and bread-and-butter for his children, and he gave his wife 1s.—she said, "Charley, wherever have you been?"—he said, "I know where I have been, what has it to do with you?"—she said "I will know," but
I do not think he told her—he went out again on the Sunday to work, and came home in the evening; he was sober then.
Cross-examined. I think he did the best he could towards his own self, he kept the biggest share of the money—I took the child to the hospital in the afternoon after I had taken it to a medical officer—I and the mother saw it again on the Wednesday in the hospital before it died—their rent was 2s. 6d. a week; they owe me four half-crowns now.
JAMES HENDERSON SKILLETT , M.R.C.S., M.B. I was acting as house physician at Guy's Hospital on 31st July—I saw the child Charles Parr when it was brought in, in the middle of the day; I examined it—it was very thin and collapsed, and was very dirty, and covered with vermin; it was almost dying, its face was blue—it whined, but it was too weak to cry out like a healthy child—in my judgment it was suffering from starvation produced by want of food or by some wasting disease—I attended to it, and it remained under my treatment until its death on 7th August—I did not anticipate its recovery, it was too far gone—it revived and rallied for a few hours under treatment and care at the hospital—it died from exhaustion produced by neglect and want of food; there was a little bronchitis, but that was not the cause of death, a healthy child would probably have recovered from the treatment it received—it suffered from diarrhoea; it was not stopped by the treatment, it went on; that is one of the symptoms of starvation—from the state in which I saw the child its condition must certainly have been coming on gradually for some weeks, probably longer—another surgeon, Mr. Goodall, also saw it—I was not present at the post-mortem—if the child had had proper food and care none of the diseases from which it was suffering would have produced that state in the child; there are diseases which would produce such appearances, but this was brought about by starvation—it revived by food and warmth—it took stimulants at first, and afterwards it took a little food, but then it was very sick.
EDWARD WILBERFORCE GOODALL . I am one of the house physicians at Guy's Hospital—I saw this child on the 31st when it was admitted—it was in a very collapsed condition, and very dirty and emaciated—I thought that condition was brought about either by not having sufficient food or it might have some internal disease which could not be discovered by external examination—I saw it afterwards lying in the cot—I was present at the post-mortem—previous to that the child was weighed, and weighed 9 1/2 lbs—a child of two and a half years old should weigh 18 or 20 pounds—that is the average weight of an ordinary child—I should describe it as a puny child certainly—I found on the post-mortem evidence of bronchitis in both lungs, but only involving part of each lung; there was also a very small ulcer in the stomach, but the rest of the intestines were healthy—there was no fat—there was the merest trace of any in the body internally—I thought that the immediate cause of death was the bronchitis, but I do not think that in a healthy properly fed child that would have been enough to cause death—if it had had proper food and warmth I am of opinion that life would have been prolonged—I thought the ulcer was secondary to the emaciation, and quite recent—there was nothing in the condition of the body to account for the emaciation except want of food—the child must have been gradually getting into that state, and to a person of ordinary intelligence it must have been apparent that it was getting weaker and weaker.
GEORGE BODY YETTMAN . I am accountant at the South Metropolitan Gas Company, Rotherhithe; I pay the men who are employed there—the prisoner worked there at odd times; his wages would then be 3s. 8d. a day—I paid him in the month of July 3l. 10s. or 11s.—during a period of two years his wages would average about 16s. 2s. a week—I can only tell what I paid him recently by looking at the books—I have not had many opportunities of seeing him, but once or twice I have seen him the worse for drink—he worked quite irregularly, some weeks he has only been engaged one day and some weeks he has been engaged the full week—in August he was paid about 15s. a week; in June it was 1l. 13s. for the month—in May it was 2l. 18s.; I cannot go further back than that.
JOHN DRUMMOND (Police Sergeant M). I was present at the inquest on this child when the verdict of manslaughter was returned; I saw the prisoner there and told him he would be charged with the manslaughter, and would be taken before the Magistrate; he made no reply—on the way to the station, just by St. George's Church, he said, "They are making a lot out of nothing"—he was sober.
Prisoner's Statement before the Magistrate. "I don't recollect saying 'They are making a lot out of nothing.' I used to get out in the morning and try for work, but only could get it one or two days a week sometimes."
GUILTY .— Nine Months' Hard Labour.
GUILTY .— Two Years' Hard Labour on the First Four Counts and Five Years' Penal Servitude on the Fifth; the sentences to be concurrent, but that of five years to be respited until the decision of a case reserved for the consideration of the Court of Crown Cases.
MR. ST. AUBYN Prosecuted; MR. KEITH FRITH defended Richards.
THOMAS MCCLELLAN . I am a clothier, and live at 1, Longville Road; it is my mother's house—on the night of 20th August I went out between ten and half-past; I closed the street door after me and locked the door of my private room, where I carry on a business of my own—the street door I closed by the latch—I returned between half-past 12 and one, and stood talking there for half an hour to a friend opposite our house—I saw two men loitering outside, Richards was one of them I am sure; I recognised the other man but he was not taken, he was an old lodger at our house—when I went home I found the street door open; I met my mother in the passage; Richards had gone away then—I went over the house with my mother, and on the top floor found Clark in custody of a lodger who was then living in the house—I then went out for a constable and on my return with him I saw Richards—I told the constable to stop them both; there was another man with Richards, the same I had seen before—they both ran away; the constable followed Richards and he was stopped by 141 L—this (produced) is the key of our street door that was given specially to the old lodger for his use; it fits our door—it was found on Clark.
Cross-examined by MR. FRITH. When I went to the station to identify the men the prisoners were together, not placed among others—I gave evidence before the Magistrate next morning; I may have said before the
Magistrate, "I think Richards is one of the men," I think so now, I am sure of him—I didn't know him before—I was about six or eight yards away from the man; I ran after him with the police and never lost sight of him except for a second in turning the corner.
Re-examined. I am pretty sure he is the man—I had no suspicion of the men till I found the street door open, I am certain Richards is the man I saw when I came out of the house again.
Cross-examined by Clark. There was nothing taken from the house—I can swear that the man I saw outside was our old lodger—I used to see him come in of a night when he lodged with us, I have let him in myself occasionally when he has not had his key—his name is Lewis—he might possibly let anybody in at night without our knowledge and let him out in the morning—he had this key when he left and took it with him, he was living there with a woman as his wife, she could have got the key as well as him—she represented herself as a ballet girl, and he said he was a tailor, we had no reference with him, she was not living with him for the last six weeks, she had left him—if she brought in any one with her at night she would have to do it very quietly, it was not allowed, she could do so no doubt while she was living there—after she left she had no right to come there; of course anybody could get access to the house if they had the key—I couldn't say she didn't take you in and leave you there.
WILLIAM HAYWARD . I lodge at this house—a few minutes to 1 on the morning of 21st August I was aroused by another lodger and got out of bed and dressed myself, and went upstairs to a back room, where I saw Clark lying on the side of the bed apparently drunk; he was not in the room that Lewis had occupied, I am occupying that room—he was lying by the side of the prosecutor's youngest son, who was sound asleep; I asked what business he had there, he turned over and said "I have come in to have a sleep"—I said "This is not the place for you to sleep, you will have to get out of this"—I called for a light from the person who had aroused me and as I did so the last witness and his younger brother came to my assistance, one of them went for a constable, the other assisted me downstairs with Clark, and he was given into custody—I last noticed the front door about 20 minutes to 12 when I came home to go to bed, I then closed it myself—I think Clark was perfectly sober—he was not in the bed, he had thrown himself on the bed as he heard me coming upstairs.
Cross-examined by Clark. You had first entered a room on the first floor, bat the people were up and you begged their pardon and then went up-stairs—the boy says you robbed him of his penknife—you didn't resist in any powerful way, but there was no chance of your getting away.
ALFRED EDWARD McCLELLAN . On the night of 20th August I went to bed in the top back room about 10 o'clock, I had a penknife in my pocket with my initials marked on it, and three farthings—I fell asleep and was aroused later on and my penknife and farthings were gone—Hayward and Clark were then in the room—this produced is my knife.
HENRY NORRIS (Policeman A 175). On the morning of 21st August, about 10 minutes to 1, I was called to the house—I saw two men standing outside about five yards from the front door of No. 1—Richards was one; the other escaped—I said to him "What are you doing here at this time in the morning?"—Richards said he was going to pump ship; the other man darted away to the left, and Richards to the
right—I went in pursuit of him, blew my whistle, and shouted "stop him"—after a chase of half a mile he was caught by Longley and "brought back to the house—Clark was also then given into my custody—they were taken to the station and charged with burglary—Richards said he knew nothing about it—Clark said he was drunk, and knew nothing of it—I should say he was decidedly not drunk; he made a pretence of being so—we had a job to get him to the station—I found on him this knife and 3/4 d.; also this key and 2 1/2 d.—I saw the inspector try this key to the front door, and it fitted it.
Cross-examined by MR. FRITH. If a person was running from Kennington Lane Station to 29, Burnham Street he would pass the place where Richards was arrested—Richards lives at 29, Burnham Street; that is about three-quarters of a mile from the station—he was running in the direction of Burnham Street when he was taken—I was never more than 20 yards behind him; I never lost sight of him; I was quite close to his heels till we got to St. George's Road, when he was a few yards from me.
HENRY LONGLEY (Policeman L 141). On 21st August, about 1 in the morning, I was in Parsonage Walk—I heard shouts of "Stop him" or "Stop thief"—I saw Richards and the constable run across the top of Brook Street—I pursued him; he turned through a short street, and just as I came up to Elliott's Road he turned out of a street, and I caught him and brought him back—in answer to the charge he said "You have got the wrong one; I know nothing about it"—previously to this, about half-past 12, I saw Richards and another person in Longville Road, standing opposite to No. 7—I have no doubt that Richards was one of them.
Witnesses for the Defence.
EMMA DUNCE . I live at 27, Burnham Street, London Road, South work—on the night Richards was arrested there was a row in the street, about from 12 to half-past—I was in bed at the time—I got up and went out, and saw the prisoner there—his two sisters and a man named Manser were taken in custody for assaulting the police—I told the prisoner to go and look after his mother—he went towards the Martyr public-house, came back from there, and then went to the station; that would be from 20 to 25 minutes' walk—I didn't see him again that night—I heard of his arrest next morning—Longville Road is about 10 minutes' or a quarter of an hour's walk from the London Road—the row took place at the end of our street—I didn't see the prisoner's brother there—I am quite sure it was the prisoner I saw, not his brother—I have known the prisoner some time; I live next door to his mother, and have lived there 16 years—Manser is the prisoner's brother-in-law—I was at the police-court, but was not called—I didn't know he was charged with this offence; I thought is was for the row.
By the COURT. This row took place about 12 o'clock; it might be a little before or after—I should think it was near upon half-past 12 when I spoke to the prisoner.
CHARLES MITCHELL . I am a hawker, and I sell oysters, whelks, and mussels—I live at 31, Burnham Street—I was with the prisoner on this night outside the Kennington Lane Station—I went there with his mother to see if they would take bail for his sisters—he asked me where his mother was; I told him she was gone for bail—this was about
a quarter to 1 o'clock—I think we stood talking a minute or two, and he said "I will run home and see if I can see my mother"—he started in the direction of his home, walking fast—we were standing about a quarter of a mile from Burnham Street—I remained standing by the station for about 10 minutes or so, and saw him fetched back again by a constable; it might be a quarter of an hour, I cannot be certain; that was all I saw of him that night—I saw Manser come out of the Court with his wife and two sisters—he was released on bail by Mr. Matthews, a hawker—I didn't go to the police-court; it was on a Saturday, and I could not lose my time.
Cross-examined. The prisoner has one or two brothers—I could not say whether they are like him—I can swear it was the prisoner I was talking to outside the station; I have known him from a child; I am no relation to him.
JAMES MANSER . I am a butcher, of 49 1/2, Great Charlotte Street, Blackfriars Road, and am brother-in-law to Richards—on the night he was taken in custody I was in a row—I and his two sisters were having a drink at the Fountain public-house, and a constable came up and moved the two women on—the prisoner did not see that, but when he came up I said to him "Mind your own business; it has nothing to do with you," and I saw no more of him until he came to the station—I was bailed out and so were his two sisters between 1 and 1.30—I don't know that he was in custody when I saw him; he was inside with his mother—his mother is ill in bed, and unable to come here—I saw him inside the police-station, close on 1 o'clock, to the best of my recollection—I have known him six years, and have never known him charged with an act of dishonesty.
Cross-examined. I have never been charged—the constable assaulted me—I would not swear it was not half-past 1 when I saw him at the station.
Re-examined. As far as I believe it was about 1 o'clock—the Magistrate discharged the two women, and told the constable no doubt he was the man who assaulted them—he fined me 10s., and bound me over to keep the peace.
CHARLES WOODS (Police Sergeant) (Examined by the JUDGE). I was on duty at Kennington Lane Station on this night—I have the charge-book here—the two women and Manser were brought in at 11.50 p.m., and Richards and Clark at 1.30—Manser was bailed out at 2—I know this district very well; it is about half a mile by the nearest way from Kennington Lane Station to Burnham Street—Longfield Road is a short thoroughfare between the two—a person going from Kennington Station would not go through there; it would be several hundred yards out of his way; he would have to come back again all the length of Longfield Road—Longfield Road turns out of Dante Road, and Churchyard Road runs at the other end—Dante Road would be the natural way for a man to take if he was going from Kennington Station.
By MR. FRITH. The book shows the time he was brought into the station and the time he was charged—they have to wait when any other case is there, but there was no one else there on this night.
No. 1—the wall is not as long as the width of this Court—Lewis was wearing a light coat.
HENRY NORRIS (Re-examined). I was on the right hand side of Dante Road when my attention was first called to this matter; the prosecutor came to me from Longfield Road—I then walked towards Longfield Road and saw the two men standing about eight yards away near the dead wall and within a few yards of Longfield Road—there is a turning both right and left—when you go up Longfield Road towards Churchyard Road on the right is David Passage and on the left, right at the bottom, is a short turning that runs into the end of Brook Street—the two men did not start to run in the same direction; they separated at once—Lewis, who was not caught, ran to the left up Dante Road into Newington Butts—Richards went to the right up Elliott Road, a narrow turning, and crossed Brook Street into a narrow street which I don't know the name of—there is a colour printer's at the top—at the corner of this is Hale Street, a very short turning of five houses; he went into that and then turned sharp to his left and ran up what I think is Elliott Row, which brought him into St. George's Road; he then went across the road and turned to the left, which brought him to Burnham Street, which is on the right going from the Elephant and Castle, where he was stopped by the other constable.
Clark in his defence stated that on this evening he was drinking in the Elephant and Castle public-house and got in company with a woman and left with her at closing time; that she took him upstairs in this house and left him while she fetched a match; that he fell asleep and was aroused and charged first with housebreaking and afterwards with stealing a knife and three farthings, which was his own property.
CLARK— GUILTY .
RICHARDS— NOT GUILTY .
MR. BROWN Prosecuted.
GUILTY of the attempt. — Eighteen Months' Hard Labour.
Before Mr. Recorder.
NOT GUILTY .
There being no evidence that the prisoner sent the postcards containing the libel, the RECORDER directed a verdict of
NOT GUILTY .
995. CORNELIUS DONOVAN (19) and THOMAS WELTON (17) , Robbery with violence on Richard Spitzer, and stealing a watch, his property, WELTON having been convicted at this Court in the name of Malone, to which
WELTON PLEADED GUILTY .
MR. GRIFFITHS Prosecuted.
RICHARD SPITZER . I live at Maze Pond, Bermondsey—on the night of 14th August, about 10 p.m., I was in a street, the name of which I do not know—I had a watch and chain in my waistcoat pocket—two men came up to me and said something which I did not understand; one of them then took my watch—I saw my chain hanging down and said "You have stolen my watch"—the lame one, Donovan, struck me and I fell down; a policeman came and I got up—I was at that time holding Donovan, and the policeman took him—I was a little too much in liquor—I did not strike either of them with my umbrella; one of them ran away.
Cross-examined by Donovan. I went with you and the policeman to the station—when I lost my watch you knocked me down and the other man ran away; I am certain about you, but not quite certain about the other.
CHARLOTTE SMITH . I live at 7, Maze Pond, Bermondsey, the prosecutor lives opposite—on 14th August, about 10 p.m., I saw him in the street and the two prisoners talking to him, and as I passed he called out "My watch is gone"—I then saw him knocked down, and they all struggled together; one of them, I don't know which, got up and ran away—I fetched a policeman—there were no other people round there except the prosecutor and prisoners—I do not identify the prisoners.
Cross-examined by Donovan. The prosecutor charged me with having the watch because he didn't know me.
SIDNEY RANDALL . (Policeman M 174). On the night of 14th August the last witness made a statement to me, in consequence of which I went to Melior Street and saw the prosecutor holding Donovan on the ground—I asked him what was the matter—he said these two men had knocked him down and stolen his watch, but the one who had the watch had run away, but Donovan had knocked him down—Mr. Spitzer had a cut over his eye—he had been drinking, and I could not understand him, and so Donovan was let go to make further inquiries—he did not strike Donovan while I was there.
Cross-examined. He did not strike you as you were going to the station.
WILLIAM HILL . I am a carman—on the night of the 14th, about a quarter to 12, I was in Snowsfields and Welton came up to me and gave me a watch, and said something to me about it, and I gave it to Police-constable 48 M, and told him what Welton had said to me.
Cross-examined. I have been convicted, and that is why I gave the watch to a policeman, so that I should not be convicted again.
JOHN GOLDING (Policeman MR 19). On 15th August my number was 48 M—Hill gave me this watch about 12.20 on Sunday morning, and the prosecutor identified it at the station—a description was given me of Donovan—Hill made a statement to me, and in consequence of that and the description which was given I arrested Donovan and took him to the station—he said "I know nothing about it, I was not there."
ALFED BECKWORTH (Policeman M 53). I saw the prosecutor on this night, about half-past 10, at the corner of Melior Street and Weston Street, near where the robbery took place—I heard of a watch robbery, and went up and saw Donovan in custody, and accompanied the prosecutor to the station.
(This dated that on that night, about 10 o'clock, he came out from his supper, and was taken up to the public-house and given a pint of beer, that he saw the prosecutor associating with two or three men and a female, and that two other men committed the robbery.)
Donovan's Defence. On the night this robbery took place these two men were drinking; they went and committed the robbery. I was in bed at the time, and they tried to sell the watch to a chap who isnow undergoing imprisonment.
DONOVAN then PLEADED GUILTY** to a conviction at Newington on 1st February, 1886.— Fifteen Months' Hard Labour each.
MR. POLAND Prosecuted.
ELIZABETH COOK . I am barmaid at the Earl of Chatham public-house, Walworth, kept by Mr. Leftwich—on 30th July, between 9 and 10 p.m. the prisoner came in with her face tied up with black—she brought a jug—I served her with a pint of beer; she gave me a half-crown; I put it in the till—there was no other half-crown there—I gave her the change—she came back in about half an hour and Mrs. Leftwich served her—she put down another half-crown; I took it up and gave her her change and put the coin into the till; there was no other half-crown there—as she was leaving, Mr. or Mrs. Leftwich called her back and asked her whether she would give the four sixpences back which I had given her and give a florin instead, which she did, and all that time I had an opportunity of seeing her—I am quite sure she is the woman—after she left Mr. Leftwich cleared the two tills and I saw two bad half-crowns there—on August 2nd the prisoner came again for twopennyworth of gin, and gave me a florin; I did not recognise her for the moment and put it in the till—Mr. Leftwich took it out—there was no other florin there—the prisoner was still at the bar—he said to her "This is a bad two-shilling piece"—she said "I did not know it"—he said "I will detain you a few minutes," and sent for a constable—her face was then bound up with white as it is now—I saw her afterwards at the police-court, and have no doubt she is the same woman as I saw on the first occasion.
Cross-examined by the Prisoner. I knew you again directly—when Mr. Leftwich said to me on the Monday "Is this the woman who came in on Friday night?" I did not say "No," I said "Yes."
By the COURT. I spoke to my master on the Monday before I recognised her—I said at the police-court "On Monday night I did not say I
recognised you, because I thought I had better speak to my master first"—what I mean is that I told him privately.
AMY LEFTWICH . I am the wife of Joseph Leftwich, landlord of the Earl of Chatham—on Friday night, 30th July, between 9 and 10 o'clock, I served the prisoner; she came back in half an hour for a pint of beer; she bad a jug each time; she put down a half-crown, and I told Miss Cook to give her the change—she did so, and put the coin in the till—the prisoner's face was tied up with black—I am positive she is the woman—my husband called my attention to two bad half-crowns within five minutes after she left—on 2nd August she came again, and I recognised her—I heard her speak at the police-court, and have no doubt she is the woman.
Cross-examined. One time your head was tied up in black, and another time in white—on the Friday night it was tied up with black both times.
JOSEPH LEFTWICH . I keep the Earl of Chatham—on 30th July, about 9.10, I cleared out the two tills, and found a bad half-crown in each—I took them to the station, and gave information, and gave them to the sergeant, who marked them in my presence—these are they—on 2nd August, about 9.30, I saw the prisoner in my bar; she asked for twopennyworth of gin, and put down a coin—Miss Cook took it up, and put it in the till—I took it out, and found it was bad, and told the prisoner so—she said "A gentleman gave it to me"—I gave her in custody—it was the only florin in the till.
Cross-examined. I did not say to you "I have got two half-crowns upstairs bad money, and I have a suspicion of you on account of your having your face tied up"—no allusion was made to the two half-crowns.
Re-examined. The sergeant brought the half-crowns back to my house, but not at the time I took the florin.
CHARLES MEATON (Police Sergeant P 40). On 2nd August I went to the prosecutor's, and found the prisoner there—he gave her in custody for uttering a counterfeit florin—she made no reply, but going to the station she said "I met a man near St. George's Church; he asked me to have twopenny worth, and I did, and we went down Old Kent Road, and he gave me the two-shilling piece to have to do with me"—I received the florin from the prosecutor, and marked it in his presence—he handed me these two half-crowns at the station, and they were marked in his presence—the prisoner said she was an unfortunate girl, and gave her address 5, Leadcroft Square, Borough—that is a mile and a half from the Earl of Chatham public-house.
Cross-examined. You did not tell me to go to Mr. Norman or Mr. Hills.
The prisoner in her statement before the Magistrate and in her defence said that she received the florin from a gentleman, and that she was not in the house on the Monday night.
NOT GUILTY .
MR. BUCK Prosecuted; MR. MACASKIE Defended.
FLORENCE MAY GOWER . I am the prosecutor's wife; he is an architect and architect's draughtsman, and has been in the service of the Great Eastern Railway Company for ten years—he was at work on a set of plans and tracings for Dr. Swallow's house; most of the work was done in June, 1885; they were delivered on Juno 19th to Mr. Cole, together with this bill—these are the drawings (produced), so much as relates to them in the bill comes to 11l. 10s.—my husband had to have assistance during the last fortnight, and he worked himself as well on them—when I delivered the plans to the prisoner he looked them all through, and said he was well pleased with the drawings, and quite satisfied with the bill—I gave him this receipt on the back of it—I remember my husband being at work on the Workmen's Dwellings plan—this telegram came, and my husband took them to Waterloo Station. (The telegram was dated September 5th, and was from the prisoner, asking the prosecutor to meet him with the plans and tracings at Waterloo.) On 29th October my husband handed to Mr. Cole at our house these plans of the Oddfellows' Hall.
Cross-examined. My husband does not carry on the business of an architect, but does drawings in his leisure hours—the telegram of September 5th relates to the Workmen's Dwellings—I saw my husband and the assistant working on the Clapham plans for Dr. Swallow—they were kept at our house—I fix the date on which they were delivered to the prisoner by the bill dated June 19th, which I delivered with them—this is the original bill; we had a copy of it—the receipt was on the bill when I delivered it to the prisoner—I think there is a little doubt of that date, the 30th, being in my husband's handwriting. (The receipt was for 3l. on account, and was dated June 30th.) The question was not raised at the police-court as to whether it was in my husband's writing—the receipt was produced there, and my husband was represented by Counsel and Solicitor—I said at the police-court that the prisoner expressed himself well satisfied with the plans and prices—I knew it was important to prove that the charges were fair and reasonable—I do not know that these plans were delivered to the prisoner in May—Mr. I'Anson, the estate architect, said he saw the plans in May, but they were taken away again for alterations and tracings—my husband can point out alterations made in June—this copy of the bill was made out at the same time as the bill; the night before Mr. Cole fetched the drawings—I know nothing about this plan—my husband had done work for the prisoner before this—when the prisoner fetched the drawings he brought me a present of some roses off the Clapham estate.
Re-examined. He did not tell me he was an undischarged bankrupt when he fetched the plans away, or my husband would not have worked for him.
JAMES HICKS GOWER . I live at 19, Hilda Road, Brixton—I have been in the engineer's department and architect's department of the Great Eastern Railway for over nine years—I was educated and articled to the profession of architect and surveyor, and I have had 20 years' experience, I have always been assistant to some architect as well as being in the railway—I have known the prisoner for about 10 years, I had occasionally done work for him but not during the whole of that time—on the 19th June, 1883, ho was in my debt about 6l. 10s. for work which has nothing to do with this case—I was employed by him to do some drawings for
Dr. Swallow's house at Clapham, I made these drawings for him for that house—while they were in progress they were taken away to show Dr. Swallow, who suggested alterations; the prisoner brought them back to be altered and they were completed and ready to go out with all additions and alterations just before 19th June; they were left with my wife to be delivered to the prisoner in a complete state—he never objected to the prices I charged—I made some drawings and tracings for him which were delivered about 1st September, for the Workmen's Dwellings, he sent me this telegram and I delivered them to him at Waterloo Station on September 5th—6l. 18s. 6d. was a reasonable charge for those plans according to my usual charge—11l. 10s. was a reasonable and fair charge for the Clapham plans—in October I did some drawings of the Oddfellows' Hall at Working, I delivered them to the prisoner on 29th October, at my own house, I charged 11l. for them—I told Mr. Cole they would come to that, and it was arranged between us that was to be about the sum—when the Workmen's Dwellings drawings were finished Cole said "What will they be?"—I said "6l. 18s. 6d."—I have done other work for the prisoner before 3rd June for which I have not been paid—when I delivered these sets of plans to him he did not tell me he was an undischarged bankrupt, I did not know it of my own knowledge—work done before his bankruptcy for other drawings came to about 6l. 10s.—this exhibit "B" represents the correct amount of money due to me on December 29th, 1885; I delivered that account to the prisoner; it came to 35l. 18s. 6d., cash received 11l. 10s., leaving a balance of 24l. 8s. 6d.—I had several conversations with him with reference to it, he never objected to the charge of the 11l.; I received 3l. on April 14th—the receipt is dated June 30th because I did not give him the receipt at the time, he said "Never mind now, I am in a hurry," and I gave it to him on 30th June—on November 14th I received this letter from the prisoner. (This regretted he had not been able to send any cash, but promised to do so next week, and stated that the plans of the Hall were very much liked and that he should have another job for him in a week or two.) That refers to the Oddfellows' Hall—the prisoner said at his solicitors' office that he had received about 785l. from Dr. Swallow for the Clapham job, he did not say what part of that he was paid for the plans—these plans occupied me for over three months at night work, and my assistant, whom I had to pay, was at work with me a portion of the time—the prisoner asked me to get assistance, and I did so, in order to get the work done in time.
Cross-examined. The railway company pay me a weekly salary—my hours are from 9 to 5, with overtime if I am later—these plans were done in my evening leisure hours—I began to make drawings for the prisoner about 12 months before his bankruptcy—I had been on intimate terms with him for about 12 months—he may have paid me about 30l. for work I did in 1883—my impression is I did not do more than 30l. or 34l. altogether before his bankruptcy—I do not keep books—he usually paid me after each job was finished—I received instructions to prepare plans for the Clapham job on 14th April, but not for all the four items—on 8th April I went with the prisoner and took plans of the old house—I was instructed at the latter end of April as to the present house—the plans showing the alterations did not leave my house before June—about 8l. 10s. worth of work was done to these plans after the prisoner's adjudication—I received instructions to make alterations to these plans
after 3rd June—he only ordered about 1l. out of the 8l. before his adjudication on 3rd June—I received instructions to make the plans in pencil and colour before his adjudication, I cannot give the month—I received instructions to ink the plans in and to make further alterations after his bankruptcy; I believe it was on 4th June, because my brother came to help me on the 5th—the instructions I received before the adjudication were for alterations to this house, and it was specified by him that I need not ink them in at present—I delivered the plan for which 18s. is charged about a week after April—I cannot say when I delivered the item for which I charge 1l., showing the building as it is at present—I made no notes and have no book—I thought Cole would pay me as soon as the job was finished, as he usually did—the plans in respect of which 8l. is charged, so far as pencilling and tinting are concerned, were delivered to Cole in May before his adjudication, but the inking and so forth and the alterations were done after it—when they were inked in Dr. Swallow wanted another bedroom, and another complete set of drawings was made—the fair value, according to my rate of charging, of the work done to them when they were delivered in May was about 3l. or 3l. 10s.—I only made one alteration in the plans themselves after their return, after 3rd June—I put a pencil line to guide me in leaving out this bow window to the breakfast-room when I made the tracings—the value of the work I did to the plans after their return was not 5l., but the 8l. was mixed up between the plans and tracings—I suppose I put the inking in and the one alteration at 5l.—the tracings for which I charged 2l. were begun after the adjudication and ended on 13th June—all the work on them was done after the adjudication, and they were not simply tracing, but every line of them almost was an alteration—I made one set of tracings, inked the plans in, and altered them after 3rd June—I made one set of tracings, for which I charged 2l.; I made no other tracings—this letter is in my handwriting. (This was dated 18th May, and stated that his brother was at work on the paper tracings.) I was doing other work, they may have been other tracings—I did other work for Mr. Cole before, there were stables at Working—I cannot say what tracings these were, I may have forgotten it—that letter does not state Clapham drawings—my brother helped me with other things—Cole was not hurrying on my work in April and May—I was away travelling about the Great Eastern for some time—this letter is in my writing. (This was dated April 22nd, 1885, and regretted that he should not be able to finish the drawings of stables and shops before Monday morning.) Those were the tracings referred to in the former letter. I expect—I cannot say that those drawings I could not finish referred to those charged in my bill—I cannot say if I did any other drawings than those referred to in my bill for April and May—Cole said he did not wish me to go on with this job till the ground was conveyed to Swallow, and the drawings were not completed till after June—the drawings referred to in the letter of 15th May were delivered complete on June 18th or 19th to Cole—the drawings in respect of the last job, the Oddfellows' Hall, were delivered in October—they were not returned for alterations, they were perfectly satisfactory—after his discharge Cole came to me and asked me to make alterations—I asked him if he would promise me some money, and he said he would give me 5l. on the Saturday if I did it—I made the tracing, but got no money—I knew he was a bankrupt at that
time; his letters stated so—on April 14th I received 3l. from the prisoner and a week or so after 1l., and on July 20th 7l. I believe—I swear I only received 4l. before his bankruptcy and 7l. afterwards—this bill is in my handwriting. (This stated, "April 7th, Received from W. Cole 4l. on account.") I did not give the prisoner receipts at the time he paid me, and that receipt includes the 3l. and 1l.; I had no more money—I did not give receipts before he paid me—I may be making a mistake with regard to the date of the payments; I am speaking from memory—I fixed a date at the police-court because I thought it was when the prisoner came to me to go to Dr. Swallow's house—I am not sure that I saw that receipt at the police-court—I cannot say why on this bill the 7l. comes between the 3l. and the 1l.—I was not paid 4l. in April, 3l. in June, 7l. in July, and 1l. in November; I have only been paid 11l. I swear—I suppose I gave the prisoner this receipt for 3l. on 30th June because he asked me for it—I will swear the prisoner came to me after he had paid the money and asked for a receipt—I did not give him receipts at the time—I reckoned the 7l. he gave me on 17th July would come off the commencement of my account, 18l. of which was partly done before the bankruptcy; I thought it was right to take it off the commencement of my account—I had no authority for applying the 7l. to the first items of the old account—I did not charge per hour; I arrived at my charges by the time it took me and by the value of the work when it was finished; I charged no more than was correct—I charged no percentage on the amount of the contractor's job—I authorised my solicitors to write to the prisoner on 1st March asking for an explanation as to payment for work and labour done—on 8th March I received this from the prisoner. (This enclosed the statement of accounts as corrected by the prisoner, setting out that only 11l. 9s. 6d. was the proper charge instead of 18l. 8s. 6d., and deducting 11l. as paid since the bankruptcy, leaving a deficiency of 9s. 6d. A letter of 12th March in reply from witness's solicitors was read saying that they ignored the account and would take proceedings under the Bankruptcy Act.) I can't say if I took proceedings in July; my solicitor was very busy at the time and could not go on with it before—I dare say I applied to the prisoner in June for payment of the account, and he wrote this letter of 29th June. (This stated that if he wished to take proceedings he could do so; that he disputed his account and would pay him at his option.) I had no knowledge of his bankruptcy until 8th March when he wrote me this letter—I am not aware my wife said she knew it in January—I did not know all through 1885 that he was in difficulties—he did not tell me he had been obliged to call a private meeting of his creditors, nor that he should be obliged to present his petition—whenever I went to him for money he told me he had to summons parties for whom he had done work—he owed me 7l. at the time of his bankruptcy, and I was never apprised of it by the Bankruptcy Court—my solicitor, by my authority, applied to the Bankruptcy Court to prosecute; I wanted to save the expense of it—the order was refused by the Court because I was not a proved creditor—I left the matter to my solicitor.
Re-examined. The Clapham plans are signed, "Walter Cole, May, 1885"—I handed them to Cole; I afterwards got them back to make alterations and retracings—I must have made another set of tracings so that the house could be completed according to the alterations shown on the plans, and I have never charged for those, I know now—I made a
set of tracings showing the alterations—the plans and tracings I left with my wife to deliver to the prisoner on June 19th showed the completed work all ready for the builder to go on with—I only received 11l., the 7l. before and 4l. after the bankruptcy—when he gave me money I did not give him a receipt at the time.
JOHN ALFRED GOWER . I am the prosecutor's brother—I live at 34, Lorrimore Road, Walworth, and am a designer of art metal work and general draughtsman—in June last, from the 5th to the 18th, I worked for my brother on these plans for Dr. Swallow's house—I was paid for that work—I worked on the night previous to their going away—I made these rough entries in this book about payments on the following days.
Cross-examined. I work at Everett and Co.'s, Drury Lane, from 8 to 7 or sometimes 9 to 5—I do not think I worked for my brother in April or May last year; I have been at work for him at other times—I have no dates—I did not work in April or May—these Clapham drawings were pencilled out when I began on 5th June—I worked on both plans and tracings; I helped to ink them in as my brother did them—I do not think they were finished all except the inking in on 5th June; they were only in pencil I believe—I cannot recollect if they were tinted; my memory is not very good as to the state they were in—I remember I began on 5th June because I received money nightly—I made these notes next day mostly—my brother had employed me before on other jobs—I do not think there is any record of previous payments—my brother said on the first or second night he should want to know what he had paid me; I owed my brother a little money—I don't think I ever did any other work for Mr. Cole that my brother had in hand—I cannot explain this letter of May, 1885, "My brother will finish the paper tracings," unless I was at work on Cole's work then—I will swear this account was not all made up at one time—it is not a made up account.
Re-examined. I did a good deal of Dr. Swallow's work, and thought it necessary to put it down in this rough book.
WILLIAM GREENFIELD . I am a master bricklayer, carrying on business in Kingcat Road, Meeting House Road, Peckham—I was employed by the prisoner on Dr. Swallow's house at Clapham about the last day in May or the first in June, and once through June and July—I did not get the linen tracings that enabled me to go on with the work for three weeks or a month, till about the end of June—these are those I worked to; I used no others that I recollect—I left the job on 9th September—I did not leave on account of any deficiency in the plans; I worked according to them—the tracings were not completed when I first saw them.
Cross-examined. I ceased to work on the job on 9th December—when I first saw the plans the prisoner told me they were not complete—I do not remember when the defect in the tracings was supplied.
Re-examined. I left the job because the money did not come properly from Mr. Cole, and then other men were set on to finish the job.
By the JURY. These are the plans the house was built from.
ARTHUR BENTLEY . I am a plumber, at 57, Tresco Road, Nunhead, Surrey—I commenced work at Dr. Swallow's house in July, 1885—I saw these tracings, but I took my measurements from paper ones—I am not positive that there were other tracings than these.
and his wife—on 19th June I was present when a bundle of plans and tracings were delivered by the prosecutor's wife to the prisoner.
Cross-examined. I expected a friend to call, and opened the door myself to the prisoner—he brought some roses—I have only seen him once—I have no recollection of what day it was; it was the middle of June, because of the roses—I have been living there for over 18 months, and am there still—I was not called at the police-court.
THOMAS WILSON . I am clerk to Mr. H. G. Hubbard, a solicitor of Camberwell New Road—I wrote the letters of 1st March and 8th March to the defendant—I received the letter from the prisoner containing a kind of taxed account.
MR. MACASKIE argued first, that to convict the defendant there must be an "intent to defraud." The words "intent to defraud" occurring in the Debtors Act, 1869 (32 and 33 Vict. c. 62), were incorporated in section 31 of the Bankruptcy Act, 1883 (46 and 47 Vict. c. 52), although they were omitted from the Indictment. He urged, secondly, that credit began to run as soon as the consideration passed, and, there being different pieces of work for which orders were given at different times, credit began to run at different times in respect of each; and, thirdly, he stated it was his intention to call witnesses for the defendant to show that the charges for the plans were excessive. He cited Cutter v. Powell, in Smith's Leading Cases. MR. BUCK argued, first, that it was unnecessary under this section to prove "intent to defraud," as the reference to the Debtors Act, 1869, was only made for the guidance of Judges in passing sentence; also, secondly, that credit would begin to run from the delivery of the complete set of plans (Sinclair v. Bowles; Appleby v. Myers); and, thirdly, that evidence could not be given as to the quality of the drawings. The COMMON SEJEANT, after consulting with MR. JUSTICE WILLS, ruled that fraud was not necessarily an ingredient in the offence, inasmuch as the words "with intent to defraud" could not be imported from the Debtors Act, 1869; secondly, that credit should be held to run from the time of the delivery of each separate piece of work; and, thirdly, that evidence could be called for the defence to show that the charges were excessive in order to try and bring the total amount below 20l. He also held that the amounts paid by the defendant on account, from time to time, must be credited to the defendant at paid, and be deducted from his current liability. MR. MACASKIE then submitted that there was no case to go to the Jury, on the ground that the amount involved, even in the case made by the prosecution, was less than 20l. The COMMON SERJEANT determined, after hearing MR. BUCK, to leave the case to the Jury.
Witnesses for the Defence.
EDWARD BLAKELY I'ANSON . I am an architect and surveyor, of 7A, Laurence Pountney Hill, and I am architect and Surveyor to the trustees of Bowney Street Estate, on which Dr. Swallow has a small property—in most cases plans of alterations and dwellings on that estate have to be submitted to me—this application in writing was made by the prisoner on 24th April, 1885, with regard to some alterations to Dr. Swallow's property—I answered it—I believe the prisoner left these plans with me on 6th May, and I gave him a receipt on that day for 3l. 3s., which he paid as my fee—as far as I can remember these plans are in the same condition as when I had them on 6th May—I have no note that I ever received the tracings.
Cross-examined. I do not say these plans were given to me on 6th May
because they have that note in the margin—I have no recollection of making pencil alterations on the plans, the only suggestion I made was about a lead flat—I believe Dr. Swallow ordered alterations—after the prisoner brought the plans to me he had them back; he brought me no tracings, I wrote for some; I cannot say whether I got them—I did not ask Cole if he did the plans himself; most architects do their own plans—no breakfast room is shown on this plan; it would be a proper thing to make another tracing, showing the omission—there are some rough pencil marks here, but not a tracing for a builder to work from.
Re-examined. None of the plans before me show alterations made on the plans.
JAMES DODD SWALLOW , M.D. I practise in the Clapham Road—I am subpoenaed here to-day—I instructed the prisoner at the end of April, 1885 to act for me in making certain alterations td my house at Clapham—I saw these plans in the early part of May—on 26th May I finally agreed with him to carry out the proposed alterations, and about a week before that he brought me the entire set of drawings and tracings and specifications; that would be about the 18th—he took them away with him to alter the specification, to bring it within the amount I wished to spend—on 26th May he brought back the plans, and then struck out with his pencil certain parts of the proposed alterations—no alteration was made on the plan itself, but only on the tracing—I did not see the plan again till the early part of June at the building itself; he began building quite at the early part of June—I paid the prisoner 100l. on 26th May, having previously given him two smaller cheques to carry on the earlier negotiations—these tracings were first brought to me about a week before 26th May and were taken away with the plans, and were brought back on 26th May—between those dates a bedroom was taken out and a lead flat put in in these tracings—the tracings were used for the purposes of the work.
Cross-examined. Nothing had been done to the house on 26th May—I have not seen another set of tracings being used—I did not know of all the plans—the pulling down commenced early in June—there was no discussion with the prisoner about omissions and alterations in the complete set of plans after 3rd June—I saw him and spoke to him after that date—the breakfast and bedroom had all been settled before 26th May—I remember seeing a drawing representing the lead flat, in June probably—Gower may have furnished the prisoner with other tracings in addition to these—the prisoner did not finish this work for me—I paid him the stipulated sum, 350l.; then the work was not nearly finished, and then I agreed in July to pay him a further sum of 300l.—these plans applied to the whole of that—he made no specific charge for drawings and tracings.
The Jury here interposed, and stated that they had come to the conclusion that the Clapham plans were delivered by 26th May, and that by deducting the charge for those, the amount for which credit was obtained after the prisoner's adjudication as a bankrupt would fall below 20l.
NOT GUILTY .
MR. WILKINSON Prosecuted.
refreshment rooms, Vauxhall Station—on 24th August the prisoner was in the refreshment room with Murphy and the prisoner called for lemonade and bitter, and put down fivepence—I told her it came to sixpence—she put down a bad half-crown and took up the coppers—a barmaid gave me the half-crown—I showed it to one of the waiters, and then took it back to the prisoner and told her it was bad; she said "Is it? I will give you another, I was not aware it was a bad one"—Mr. Cole, the head waiter, asked her where she got it from—she said "In change for a half-sovereign from a 'bus," or tram car—I had a constable called and gave her in custody—I gave the half-crown to Mr. Cole—this is it—I had seen the same women there on the 14th August, when they each had lemonade and whisky, sixpence each, and each paid with a bad half-crown—I gave the change and then broke the coins in a tester very easily—the two women had gone then—I kept the pieces till the Monday morning, and then gave them to our grill cook, who put them in the fire and they melted.
GEORGE HENRY COLE . I am waiter at the refreshment department, Vauxhall Railway Station—on 24th August the last witness brought me a half-crown about 7 p.m.—I looked at it and found it was bad—I went to the bar where the prisoner and another woman were—I showed them the half-crown and told them it was a bad one—the prisoner said she had got it in change from a 'bus or tram—I asked her if she had any more on her—she said "Yes, she had two more half-crowns"—I asked her to let me look at them—she took them out of her purse and showed them to me—they were good—I told them they were suspected of having passed two on the 14th, and that they would be given into custody—they both said they were not there—I had not seen them on the 14th—I went for a constable and they were given into custody.
WILLIAM WARD (Policeman W 382). On 24th August I took the prisoner and another woman into custody on the charge of uttering a counterfeit half-crown—I received this half-crown from Cole—the prisoner said if it was a bad half-crown she had it from a 'bus—when charged they did not say anything—when searched on the prisoner was found two half-crowns and 5d. bronze, which the female searcher handed to me.
The prisoner in her defence stated that she changed half-a-sovereign in a 'bus and received three half-crowns, two shillings, and some coppers, that she lent her friend 2s. and then took her to have a drink, and that she had no knowledge it was a bad coin.
NOT GUILTY .
MR. FOSTER Prosecuted; MR. GEOGHEGAN Defended.
The Jury stopped the case after hearing a portion of it and found the prisoners
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
The following Surrey case tried before Mr. Common Serjeant was accidentally omitted from the last Session:—
MR. BODKIN Prosecuted.
WILLIAM ALLEN . I keep an eating-house at Nos. 1 and 2, Sharp's Buildings, Royal Mint Street—on 23rd June the prisoner came to my house to lodge with me—he said he belonged to the ship John Knox lying at Charlton Wharf, and that it was going to sail on the Saturday—he had his meals with me on the 23rd, and slept in the house that night—next morning he handed me this gratuity note; it refers to the ship John Knox, and states its master is Joseph Gordon, and that the owners are McDiarmid and Co., Fenchurch Street—he asked mo to cash it, as he was getting short of money—I said no, I would rather have nothing to do with it as he was a stranger, and I did not know Gordan—I did not know the prisoner before—I said if he didn't mind I would send up to the office on the paper, 12, Fenchurch Street, and see if it was all right—he said "No, never mind, I can take it to a Jew and get it cashed"—I then handed it back to him, and told him he had better go to the Jew's—he took the note away, and returned in the evening, and said he had got a sovereign on it, but he was still short a few shillings—he said "I have left my certificate at a place, and I want to redeem it, and I am about 3s. short"—I lent him 3s.—he signed his name on this of his own accord on the first morning he asked for money—I understood that the certificate was to certify that he was an able seaman, and held a position, and I thought he had borrowed some money on it—he then went away and fetched it, and showed it to me—on the following afternoon, Friday, 25th, when he came in to tea, he came up to the table, and said "I have got this note back, you might as well let me have the money, and have the benefit of it, as the Jew"—I said "Is it a good note?"—he said "It is all right, let me have half a sovereign"—I said "No, I cannot do that, but I will think about it"—while I was having my tea he said "You might give me a shilling to spend while you are having your tea"—I gave him a shilling, and took the note and enclosed it in an envelope with a letter, and sent it by my boy to the office at Fenchurch Street—I got no answer to it, and called there next morning, and in consequence of something I heard there the police came to my place, and I gave the prisoner in charge—I parted with the 4s. believing the note was a genuine one, and that Robert Ramsey was entitled to draw on McDiarmid and Co. for that amount—he was lodging with me at the time he was arrested, and he had his tea on that evening, and did not pay for it.
Cross-examined by the Prisoner. You wrote to your sister for money, and gave the letter to my little boy to post—you did not say when you borrowed the 3s. that you would pay me back when you got the money—you borrowed the money on the Friday to go to an entertainment with—you paid for everything you had except 7 1/2 d. for the tea and the 4s.—I received a letter from you from Holloway Prison, certifying that you had received the money, and asking me to come and you would pay me—I have not got it here—I did not go; I did not think it was right for me to come to the prison when you had given rue that note.
JAMES MURPHY (City Detective). On 25th June I went with Detective Harding to Allen's house, and saw the prisoner there—I showed him the front and back of the note and said, "Is this your writing?"—he said "Yes"—I then showed him a similar note of the ship Duke of Buccleuch—Allen gave him into my custody.
MARTHA SMITH . I am an unfortunate, and live at 7, Ship Alley, St. George's—the prisoner stayed with me two or three days in April and then left for some time—I do not know whether he went on a voyage, but he came back and stayed two or three days, and gave me a note of the ship Duke of Buccleuch, and asked me to give him some money to go by train—I borrowed 4s. of my landlady and gave it to him believing the note to be genuine and that he was entitled to the 7l. 10s. named in it—on 24th June I took the note to 112, Fenchurch Street and they kept it and information was given to the police.
Cross-examined. You were not in Calcutta in April, you were with me; you gave me a sovereign to buy a jacket, and half-a-sovereign to buy a pair of boots—I pawned your clothes, but you had some of the money.
By the COURT. I asked him next day in the train for the money back and he gave it to me—I paid my landlady extra in consequence of his being there three nights.
GEORGE SAMBROOK . I am a clerk to McDiarmid and Greenshields, of Fenchurch Street, ship owners and brokers—they have no ship called the John Knox, and no master named John Gordon—the prisoner served as quartermaster on the Duke of Buccleuch on her last voyage; the captain is John Smith—I know his writing—no part of this note is his writing—the ship returned on June 2nd, and is lying here still—the prisoner has not signed any agreement for any future voyage, and is not entitled to issue these notes—they are kept in a book with counterfoils—the shipping clerk issues them with a certain amount named in them, generally half the wages for the voyage—a list of the crew who sail is brought ashore at Dover by the pilot, and if a seaman's name is in the list we pay the gratuity note to whoever presents it—it is payable to bearer, and when it is endorsed it is negotiable—this is not a genuine note; it is not the captain's signature—the Duke of Buccleuch was abroad on a voyage in April.
The Prisoner's Statement before the Magistrate. "I have been drunk ever since I came on shore."
The prisoner in his defence stated that he gave the girl the note for a debt, and told her that when he went to sea she could get it cashed; that he was not aware he was offending the law, and that he had already been 46 days in prison.
GUILTY.—Recommended to mercy by the Jury. — Six Month' Hard Labour
ADJOURNED TILL MONDAY, OCTOBER 25TH, 1886.