CENTRAL CRIMINAL COURT.
FIRST SESSION, HELD NOVEMBER 22ND, 1886.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS I. TO VI.
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Including cases committed to this Court under Order in Council pursuant to the Winter Assize Act of 1879,
Held on Monday, November 22nd, 1886, and following days.
BEFORE the RIGHT HON. SIR REGINALD HANSON, LORD MAYOR of the City of London; Hon. Sir ALFRED WILLS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., Sir JAMES CLARKE LAWRENCE , Bart., Sir THOMAS GABRIEL , Bart., and Sir WILLIAM McARTHUR , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the said City; POLYDORE DE KEYSER, Esq., EDWARD JAMES GRAY , Esq., and STUART KNILL , Esq., other of the Aldermen of the said City; Sir, WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
HANSON, MAYOR. FIRST 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, November 22nd, 1886.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. PURCELL
ERNEST EDWARD WICKHAM . I am one of the Registrars of the Shore-ditch County Court—on 11th March a plaint was heard of Levestque against Hudson—I produce this judgment—under that a judgment sum-mons was issued, but it was not served personally—I know the defendant as very often being a witness in the Court during the five months I have been there—he is not an official process-server, but issues process for parties. (The summons was read, and was for 1 l . 0 s. 9 d ., the balance of a debt, and the prisoner alleged that he had personally served it.) Personal service is required—I administered the oath to the defendant, who said that he had made personal service—it was not signed in my presence that was done before it was brought—the defendant did not appear upon that, and an order of commitment was made, dated 1st June—on 7th June a notice was served by the defendant's father for the purpose of setting aside the judgment—that name on before the Judge on 10th June—I then heard the defendant's father say that his son had not had the summons—the Judge then put a question to La Dell, and he then admitted that he had not served it personally—the Judge then rescinded the order of commitment, and sent the matter on to the Public Prosecutor.
Cross-examined. The defendant acts as process-server for plaintiffs for small sums—I administered the oath to him in my office—I cannot tell from the papers here whether the debtor has paid the money—the defendant made no secret that he had not served it personally after the
Judge's question—I have no recollection that he told the Judge that he had called at Hudson's place time after time, and that Hudson knew the summons was to be served and kept out of the way.
Re-examined. The defendant's father before the Judge produced the registered letter with the summons in it, to prove it was sent by letter.
GEORGE HUDSON . I live at 73, Bishop's Road, Victoria Park—I have a son named William Hudson, he was the defendant in this suit at the County Court—the prisoner called twice at my house before I received the registered letter, and I saw him on both occasions, but he never saw my son—about 21st May I received this registered letter. (Addressed "Wm. Hudson, 73, Bishop's Road, Victoria Park, E." containing a summons.) My son was not at home at the time, he was travelling in the country—finding it was a registered letter I opened it, I open all his letters, and found it contained this judgment summons, but I never gave it to my son, and he never saw it—my son being from London, I went on 7th June to the County Court for the purpose of setting aside the proceedings, and on 10th June I attended before the learned Judge, Mr. Prentice—the prisoner I think was there—I explained to the Judge that my son had never received the summons, and produced the letter to show it had been sent by post; then the prisoner admitted he had not personally served it—up to that time my son had not seen it.
Cross-examined. My son is not here to-day—I have not seen him for the last six months; probably he has not paid this money—when the prisoner first came to me I told him my son was not at home—he was in London on the first day I think—he called again a day or two afterwards and asked again if my son was at home—I think he was in London at the time—I did not know what he came for, or whether he came for a debt of my son's—I had seen him besides the two occasions, and before the registered letter arrived, and he told me that there was a judgment summons against my son, and if he didn't pay he would have to go to Holloway—I also met him in the Hackney Road before the letter arrived—I knew that he was acting for the plaintiff against my son, but knew nothing about him being in danger of being committed to Holloway—the prisoner said "You had better give your son the summons," and I said "You had better give it to him yourself."
Cross-examined. He has always borne the character of an honest, straightforward man.
The prisoner received a good character from several witnesses
GUILTY. Strongly recommended to mercy by the Jury. — One Month's Hard Labour.
There was another indictment against the prisoner for a like offence.
MR. BESLEY Prosecuted; MR. TICKELL defended Nutt, and MR. GRAIN appeared for Hall.
1885, and left about December 21st or 22nd in the same year—I had no character with him when he came—he was a traveller for my agency—I discharged him, he did not leave of his own accord—I did not give him a character.
Cross-examined by MR. TICKELL I discharged him partly because I was doing no business in that line, and partly on account of his dishonesty—I don't remember saying before the Magistrate "I did not discharge him on the ground of dishonesty," if it is on that paper, I said it—I have not been speaking to Mr. Bushell about this case since I was before the Magistrate—Nutt has brought an action against me for slander; that was before this case was instituted—it is not alleged that that slander got him out of a situation—I told Nutt that he had partly given me satisfaction while he was in my service; but not without using the word "partly," I will swear that—if it is taken down that I said "I may have told him he had given me satisfaction while in our service/" I must have said it.
Re-examined. I have nothing to do with this prosecution, I never subscribed to it or had anything to do with it—a Mr. Norman I think cross-examined me at the police-court, he asked me if I would have given Nutt a character if he had applied—I said "No;" he then put the question "Had he given me satisfaction while he was in my service?" and I said I discharged him partly from dishonesty—this action was brought in September, and the solicitor conducting it is the same as cross-examined me.
By MR. TICKELL. I said before the Magistrate "We represented Messrs. Ward, of Paris, while Nutt was with us; after he left we lost that agency," it went to Mr. Bushell, his employers—I lost that through Nutt.
JULIUS BUSHELL I carried on business at this time as a silk mercer at 58, Maddox Street—Nutt came into my service at the end of January this year as a traveller—I got no character with him—it was through a friend knowing him previously that I took him—he remained with me till 24th May, and when he left I gave him in custody and charged him at the Middlesex Sessions with stealing silk—he was kept in custody without bail and was tried about 23rd June, and was acquitted—I gave him no character.
Cross-examined by MR. GRAIN While he was in my service I had some goods put in a back room—no other name was put over the door—they were put in there to make room for other goods, not to avoid process by the Sheriff—I expected them to come down on me—I did not tell Nutt to get the things out of the way of the process-server—I did not tell you at the Middlesex Sessions that they were put in there for that purpose—I was being sued by a Sewing Machine Company for 1,000l.; judgment was signed against me, and as soon as I received it I sent it on to my solicitor, and I have not heard of it since—it was at that time that I put a large quantity of goods in the back room and put the name of Node over the door—the name of Bushell was over the front of the premises; there was not room to put Node as well—I swear that those goods were not put in that room to avoid process of law—Nutt did not bring an action against me for malicious prosecution, he brought an action against me after his acquittal for commission and salary, and it is now impending—I had under Order 14 to bring money into Court before I could defend
—I have never communicated with Baldwin and Co., or Spencer and Co., and have never told any one else to communicate with them—this is true what I said before, "I took him," meaning Nutt, "into my employment partly that he might get me Node's business; when he was in my employ I had Node's name painted on my door some time afterwards; I was not in difficulties at the time"—at the time I put Node's name on the door I had two or three County Court judgments against me, one was for 11s. and the other between 2l. and 3l.—I was informed that Nutt lived at Marshall and Snellgrove's years ago—I am not the least vindictive in this matter—I also heard he lived at Peter Robinson's and Allison's.
Cross-examined by MR. TICKELL I did not say after Nutt's acquittal at the Middlesex Sessions that I would be revenged upon him, that I swear: I never threatened him—I did not say I would do him any injury—I know a man named Robert Stokes, of Grantham, but only by his falsely entering a piece of silk in my book and sending it down there—I did not ask him where Nutt was, or say "I shall find him when I want him, and wherever he is I will have him out of it; "nor did I say "He may thank his counsel for his escape, but I will fasten him next time."
Re-examined. Nutt sent a piece of silk down to Corby, near Grantham, to Stokes, under the pretence that he was a small draper, and when I went there I found him living in the smallest cottage in the village, and he had been out of work for two or three years—the goods in the back room had nothing to do with Nutt—they were not put there to avoid process, but because I wanted the room—Nutt knew about these County Court judgments, I kept nothing from him—Mr. Grain defended him at the Middlesex Sessions—I have nothing to do with this prosecution, I was subpoenaed here as a witness to prove the time he was with me.
By MR. GRAIN. This is not true, "A Sewing Machine Company threatened to come down on me, and I suggested that I should make over some of my goods to a certain person, in order to protect a lady from whom I had borrowed money—I cannot say whether I or the prisoner made the suggestion that goods should be made over to the prisoner in view of a certain contingency"—I don't believe you are reading it right—I consulted my solicitor at the time, and no more was thought of it.
By MR. BESLEY. I was sued for commission and salary, and I think they said 45l. would settle it—Mr. Norman was the solicitor, the same as cross-examined me before the Magistrate—I paid 15l. into Court—the value of the property I alleged he had stolen was from 100l. to 150l.—the putting up of Node's name had nothing to do with the goods in the room, it was put up two or three days after he came in my employ—it had nothing whatever to do with this charge.
ROBERT CLEMENSON . I am a member of the firm of Allison and Co., 238, Regent Street—Nutt was in our employment from 23rd April to 25th October, 1884—I considered I was giving the reference to Mr. Bisnard; that is a Paris house—I gave Hall a character to get the situation—Hall wrote this letter on Mr. Bisnard's paper: "Gentlemen, Mr. Walter Nutt having applied for a situation which I have vacant, tell me what was his character while in your employ"—I answered satisfactorily, and I know that he went there, and he came back to me five or six weeks afterwards and said he had left—I got his character from Marshall and Snellgrove.
Cross-examined by MR. GRAIN. While he was in my service he was steady and industrious and honest, and left of his own accord—I know nothing of his employment after he left us; he never applied for any references, except for Hall's.
ATHUR RUSSELL I am chief clerk to Messrs. Spence and Co., silk mercers, of St. Paul's Churchyard—an application was made by Nutt to be taken into their employment, and he was given this form to fill up; he then filled it up, and left it. (This stated that his last situation was with Hall for four months.) That was sent to Hall with a printed letter form asking for a verification of the statement—I believed at that time that his last situation was with Hall—he said nothing to me with regard to Baker and Gray, or Bushell—I got this back from Hall with this letter accompanying it. (This stated that Nutt had been with him four months, and that he had received a good character with him from Allison's.) I believed that he had left Hall in June, 1886, instead of June, 1885—he came into our service on July 12, and I discharged him on the 26th—we always expect the last employer to give a character—I should not have taken him without further inquiries if I had known that the character in the letter was in respect of four months ending February, 1885—I am in no way connected with the prosecution, except to give evidence—Messrs. Spencer, Turner, and Co. prosecute.
Cross-examined by MR. GRAIN. I believed he had left Hall's service in June, 1886, by the form being sent back by with character, and that he had left Allison's on February 1st—I knew he had been at Marshall and Snelgrove's—I discharged him from information I received from our traveller that he had been tried and acquitted at the Middlesex Sessions, but I made no inquiry as to whether they had been rightly or wrongly acquitted—I did not tell him that was the reason of my discharging him—I gave him a printed letter, stating it was in consequence of alterations in that department that I discharged him—we keep those printed forms in stock, because we don't want the trouble of writing them—beyond hearing that he was tried and acquitted I say nothing against him.
Cross-examined by MR. TICKELL I do not know a Mr. Berwick or a Mr. Borwick—I did not say to anybody "I am not aware that I told him he was discharged on account of information received from Messrs. Baker and Gray"—Is wear that.
Re-examined. This is the notice that was produced at the police-court—I believed his name was William Peek Nutt, as he has signed it there—Hall sent these particulars back by the same post, or soon after—I had no doubt that the time referred to there was June, 1886—I did not know until at the police-court that instead of his having left Allison's in 1886 he had only been there from April to October, 1884—I did not write in the form that I had heard he had been tried and acquitted, but directly I found out the truth I turned him away—I sent a copy of this form with Nutt's statement in writing to Hall.
By MR. GRAIN. I did up the letter to Hall myself—I never saw the document again; it did not come back—I did not post it, but I know he got it, because the fly-sheet came back from Hall—part of the enclosure was returned—I have not a word to say against his honesty, sobriety, or that he was not of good business habits—other than the fact that he was tried and acquitted at the Middlesex Sessions I know of no single fact of
my own knowledge that would have rendered it undesirable for my firm to engage him.
By MR. BESLEY. If I had known he was with Allison in 1884 when it was represented as 1886 I should not have engaged him, nor if I had known he had left Hall's in 1885.
HENRY JOHN TURNER . I am a member of the firm of Spencer, Turner, and Co., drapers, of Lisson Grove—we are the sole prosecutors in this case, and have undertaken it upon our own responsibility—on 12th August Nutt called on me, and filled up this form. (In which he called himself Walter Nutt, of 15, Great Chesterfield Street, aged 26, single, and stated that he was last employed at Halls, of 22, Brixton Road, from 27th February to 5th July; that he left there by his resignation, as he wished to relinquish travelling, and that his previous employers were Allison and Co. of Regent Street.) As the result of that form being filled up by him I sent the paper to Hall, saying on the fly-leaf that we had been referred to him for a character, asking him to say if it was correct, and to sign it and return it—Hall had nothing to do but to confirm Nutt's statement, and send it back if it was correct—he sent this letter, dated August 12, 1886, 22, Brixton Road. (Stating that he had received from Allison a good character of Nutt, and that during the time he was with him he found him as described, and was satisfied with him; that he left him of his own accord saying he wished to give up travelling.) That was accompanied with the written document which Nutt had filled up, stating he had been with Hall from 27th February to July, 1886—I believed that was the last situation he had filled—I heard nothing about Spence and Co., or Bushell, or Gray and Baker—I knew nothing about his being tried and acquitted—he entered our service, and was with us from August 12 till the summons was taken out on 18th September, when he was discharged—I made a complaint to him about 14 days or three weeks after he entered our employ—I made further inquiries, and in the result I took out a summons and Nutt went before a Magistrate—I did not know he was married, nor that he had been William Peek Nutt a month before.
Cross-examined by MR. TICKELL. I have no reason for saying that he committed any act of dishonesty while in Hall's service—I said I knew of no act of dishonesty committed by him, but I knew of something improper—I placed the matter in Mr. Wontner's hands and the prisoner was arrested.
Cross-examined by MR. GRAIN. I took Hall on a summons by Mr. Wontner's advice—I had not heard of Hall up to that time except from this letter—I have not a word to say against him—I charged him because I was advised to by Mr. Wontner; I did not intend to do so before that—I believe I arrested Nutt and summoned Hall at the same time—the character Hall received from Allison's was correct—I did not hear about the trial at Middlesex Sessions—I was sent for by a pawnbroker in the neighbourhood—I saw Messrs. James Spence and Co. on the day I went to Messrs. Wontner's—they did not decline to take proceedings—they have nothing to do with it, I am the prosecutor.
Re-examined. Hall had not been at Allison's in 1886—I did not want his character in 1884—I believed Nutt's statements were correct when I filled up the form—mine was the last place he got a situation at—after the prisoner had been with me three weeks a pawnbroker asked me whether I was aware he had pawned large quantities of silk goods with
him; I made inquiries and then consulted Mr. Wontner—the Magistrate granted a warrant against the two prisoners at the same time and on the same information.
WILLIAM RECORD (Police Sergeant D). A warrant was placed in my Lands for the apprehension of Nutt—I found him in Great Chesterfield Street about half-past 5 on 18th September—I read the warrant to him; he said "If you go to Mr. Hall, Brixton Road, you will find it is not false, I was in his employ four or five months, since February last."
Hall received an excellent character.
GUILTY .— [Guilty] The Jury recommended Hall to mercy— The prisoners were discharged on recognisances.
4. THOMAS IVORY (12) to burglary in the dwelling-house of Thomas Grant, and stealing twelve postage stamps and 2l. 12s., after a conviction of felony in November, 1886.— [Pleaded guilty: See original trial image.] Judgment respited.
NEW COURT.—Monday, November 22nd, 1886.
Before Mr. Common Serjeant.
JOHN CALEB (Police Sergeant D). On 30th October, between 1 and 2 in the day, I was with Pudsley at the Five Dials, Soho, watching a house, to detect a man in making base coin—I saw the prisoner outside the house, and left him there, finding I was observed—I saw him again 20 minutes or half an hour afterwards in Oxford Street, and said "l am a police officer; what have you got about you?"—he said "Nothing"—I searched him, and found in his trousers pocket 12 bad shillings in a match-box, separately wrapped, with this paper between each, which is marked; also a good sixpence and two passes for the Colonial Exhibition—I said "Where did you get this from?"—he said "I found it at the corner of a street"—I took him to the station—he gave his address, 18, Hereford Street, Marylebone; his father and mother live there—I went there and saw his mother.
ROBBERT APLEY . I am a tobacconist, of 49, Lion Street, Lisson Grove—I have seen the prisoner at my shop nearly every day since I have had the shop—he frequently came in without making any purchase, and about six weeks or two months before this I refused to take a shilling of him because it did not sound good, and he gave me another—he said that he got it in a shop in change—I gave it back to him because I knew him, and I once allowed him to stay two or three nights—I saw him in my shop about 12 o'clock on the day he was arrested.
and put between paper, to keep them from rubbing, and that is rubbed off one by one as they want them.
Prisoner's Defence. I picked up the match-box, found it was heavy, and put it in my pocket; there was a cover on the box then.
GUILTY .— Fifteen Months' Hard Labour.
MESSERS. WILKINSON and COOKE Prosecuted; MR. PURCELL Defended.
JULIA SEAR . My husband manages a dairy business at 3, Well street, Hackney—on 12th October I served the prisoner with two Neville's loaves, price sixpence—she gave me a shilling, and I gave her sixpence change—as soon as she left I found the shilling was bad—I put it on the fire, and it melted very quickly—on 28th October she came again for two Neville's loaves—I knew her again—she gave me a shilling—I bit it, and my teeth sank in it—I said "This is a bad shilling"—she said "If it is I will give you another," which she did, and I gave her sixpence change and gave her in charge with the bad coin.
Cross-examined. I told her she had been there on the 12th—she said "It was not me; you have made a mistake"—it was on October 4th or 5th that she came first—I told the Magistrate that it was three weeks before—I do not remember telling the policeman on the night she was arrested, that it was a fortnight previous—the woman who bought the bread on what I now say was October 4th or 5th was a perfect stranger to me—I knew her on the 28th October by her face and her dress and the fall she was wearing—she had the same bonnet on each time—I am quite certain she is the woman; I have not the slightest doubt.
Re-examined. The hearing before the Magistrate was on the 29th, and the next on November 2nd, and it was then that I spoke of it being three weeks before.
RICHARD COOPER (Policeman 487 l). I was called to Mr. Sears's shop, and found the prisoner there—Mrs. Sears said "This woman has passed a bad shilling," and handed it to me, and said that she had passed one a fortnight previously—I said "Are you sure she is the same woman?"—she said "Yes; I could swear to her from a hundred"—I told her she was charged with uttering a bad shilling, and said "Have you any more about you?"—she said "No"—I said "Have you got a purse?"—she said "Yes," and handed it to me—it contained a shilling and two sixpences, good—she said "I did not know it was the"—she was taken to the station, where Mrs. Sears said that she had passed one there a fortnight previous—the inspector asked her if she had got it by her—she said "No, I threw it behind the fire"—the prisoner said nothing; she gave her address, 12, Glentho Road, Clapton Park; that is a mile and three-quarters from Mr. Sears's—I have been there—she does lodge there.
Cross-examined. I have ascertained nothing against her—Mrs. Sears mentioned in her presence that she had been there a fortnight before, but she said nothing—Mrs. Sears did not tell me that she had denied it before I came—there is a dyer and glover in Mare Street.
Mint—this shilling is counterfeit—a coin melting and running through the fire rapidly would be the sign of a bad piece.
The Prisoner's Statement before the Magistrate. "I did not know it was bad; I was never in the shop before."
NOT GUILTY .
LYDIA SCOTT . I manage a confectioner's shop at 118, Theobald's Road—on November 1st, about 4.30 p.m., I served Trudgett with two-pennyworth of sweets—he tendered a florin—I bounced it on the counter, put it in the tester, bent it, and said "Do you know this is bad?"—he said "No, I have just been to a public-house and asked for two half-pints of stout and mild; I gave them a half-sovereign, and they gave me the two-shilling piece in the change"—I saw Grove outside, and Trudgett went to the door and called him in, and said "Did we not go to the public-house and have some stout and mild, and did not they give us this two-shilling piece bad in the change for the half-sovereign?"—Grove made no reply—I gave the florin back to Trudgett, who gave me two pence—they left, and I went to the door and saw them go to the Harper's Arms—I called the potman, and made a communication to him.
The prisoner Grove. There were three of us in it.
JAMES PASSMORE . I serve in the bar of the Harper's Arms, Theobald's Road—on November 1st, about 4.30, the prisoners came in together, and Trudgett asked for two halves of four ale, and put down a florin—I took it up, looked at it, bent it on the till, and found it was bad—I said nothing to them, but spoke to Mrs. Holl, and the prisoners were going out without their change; they had drank the ale—the pot-man stopped them—I afterwards gave the florin to Lloyd—this is it (produced).
Cross-examined by Trudgett. You told me to call a policeman if I liked—the potman followed you out.
PETER LLOYD (Policeman E 51). On November 1st, about 4.40, the potman called my attention to the prisoners about 100 yards from the Harper's Arms, and said in their hearing, "These men have been in my master's house and called for two halves of ale and tendered a bad florin in payment"—Trudgett said, "It was not me"—I said, "You must go back"—we all went to the Harper's Arms and saw the and lady and Passmore—Trudgett said that it was a man who was in there at the same time, who put the money down—I searched Grove and found a bad half-crown in his coat pocket, and a shilling, a sixpence, and 4 1/2 d. and a bad florin in his trousers pocket—he gave his address, 28, Gee Street, which is correct—Trudgett gave his address, 87, Cow Cross Street, Clerkenwell, which is correct.
Cross-examined by Trudgett. You came to me with the potman.
JOHN DAMIERRE (Policeman E 274). I was called and took Trudgett—I searched him and found 1s. 6d. in silver and eight pence—I asked him whether he had attempted to change a 2s. piece anywhere—he said, "No"—on the way to the station he said, "I know the 2s. piece is bad for I tried to pass it at the sweetstuff shop."
Cross-examined by Trudgett. You were not the worse for drink.
HENRY WILLIAMS . I am potman at the Harper's Arms—on November 1st, between 4 and 5 p.m., Miss Scott spoke to me and I went inside the bar and saw Passmore trying a florin—he spoke to the mistress and she sent me for a policeman—the prisoners followed me out and I walked with them into Lamb's Conduit Street till I found a policeman.
Cross-examined by Trudgett. You did not attempt to run away—I walked between you both—I said that I was going for a policeman.
ALFRED HANSON (Police Inspector E). I took the charge at the station, and received from Dampierre some money in a packet, which I opened as one of the prisoners asked for refreshments, and among other money I found this bad florin (produced)—it was the only florin there—I then went to Grove's cell and said, "The florin which is among the money found on you is a bad one"—he said, "I know nothing about it"—I should say that both prisoners were three parts drunk.
Trudgett produced a written defence, stating that a man met him in the street and gave him a florin and sent him in to get the sweets, and when he found it was bad he paid with his own money and told the man it was bad, who said he wished he had a sack full of them, and afterwards walked away.—(The prisoners received good characters.)
GUILTY .— Eight Months' Hard Labour each.
MESSERS. WILKINSON and COOKE Prosecuted.
SUSANNAH DENMAN . I am barmaid at the Bull's Head, Hyde Street, New Oxford Street—on 18th October, about 7.30 p.m., I served the prisoner with half a quartern of gin in a bottle, price 7 1/2 d.—she gave me a half-crown and I gave her two shillings change and 2 1/2 d., and after she left I bent the coin, which I had placed by itself, in the tester—about 20 minutes afterwards she came again for half a quartern of gin and gave me a bad florin—I went to the landlady, a constable was brought, and she was charged—she said, "All right"—she also said that some woman gave her the coin in Short's Gardens—I gave the two coins to the constable; these are them (produced).
EDWARD PACE (Policeman V 797). On 18th October, about 8.6 p.m., I was called to the Bull's Head and saw the prisoner there—she was charged with passing a bad half-crown and then a florin—I asked her if she had any more—she said "No," and that a female in Short's Gardens gave it to her, but at the station she said that a young man gave it to her, a short, stout, dark man with brass buttons—she was searched, but no money was found.
Prisoner's Defence. "I was in Short's Gardens and had the half-crown given to me, and I went back and gave the young man the money.
NOT GUILTY .
9. ARTHUR LEOPOLD GRESHAM (20) PLEADED GUILTY to stealing, whilst employed in the Post Office, a post parcel containing a brooch, a pair of earrings, and 12 stamps; also a post parcel containing a half-crown, a silk handkerchief, a purse, and six stamps, the property of Her Majesty's Postmaster-General.— Twenty Months' Hard Labour.
11. RICHARD HUBBARD to stealing, while employed in the Post Office, a post letter containing the half of a 10l. note and the half of a 20l. note, the property of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour.
OLD COURT.—Tuesday, November 23rd, 1886.
Before Mr. Recorder.
MR. HUTTON, for the prosecution, offered no evidence on either indictment.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLAMS Prosecuted; MESSERS. GEOGHEGAN and HUTTON Defended.
THOMAS HAWKINS . I am a foreman lighterman in the employ of Mr. Wrightson, of 90, Lower Thames Street—on 17th August I had orders from Messrs. Hicks, Nash, and Co. to lighter 44 bales of goats' skins from the ship Cameo in Millwall Docks to Pickled Herring Wharf, and I gave directions to a man named McCabe to do so—Simmonds afterwards reported at the wharf that six bales were short—the value of those would be about 120l.
HENRYT MCCABE . I am a waterman in the employ of Hicks, Nash, and Co., of Thames Street—on Tuesday, 17th August, I loaded the barge Thomas in the Millwall Docks with 44 bales of goats' skins from the steamship Cameo—they were put up in bales and tied round with a piece of rope—having done that the barge was ready to be taken out of the docks—on the 19th a man named Willett took charge of it—the Millwall Docks is on the Middlesex side, and Pickled Herring Wharf is on the Surrey side.
Cross-examined. Nobody took charge of the barge before Willett came—people could not get through the gates without the constable seeing them—sometimes there are five or six constables on duty there—I do not know how the skins disappeared—they were all right about 1 p.m. on the 19th—when I took off the covers the bulk did not seem to have been disturbed.
THOMAS WILLETT . I am a lighterman in the employ of the Union Lighterage Co.—on 19th August I went to the Millwall Docks and there saw the barge Thomas, and took charge of it and navigated it to Pickled Herring Wharf—I saw she was laden with skins, but I didn't know how many—I then left the barge in the care of a man named Simmonds, who is in the employ of Mr. Wrightson—I did not leave the barge from the time I took charge of it until I delivered it up to him—I was not present when she was unloaded.
employ of Mr. Wrightson—on Thursday, 19th August, about half-past 3 in the afternoon, Willett handed the barge Thomas over into my charge, she was then about two or three barges from the wharf, and I was either in the craft or alongside the wharf—I went away from it about 8 to go to the office, and was away about two hours, and then went back and stopped with her till she grounded at 12 o'clock—I was on duty during the night, and next morning about 8 o'clock they started unloading her—I don't know how these six packages went away, but I noticed how badly stacked she was, as if the stacking had been disturbed—Hocking, a clerk of Messrs. Hicks and Co., takes a tally of them as they are landed.
THOMAS HOCKING . I am clerk to Messrs. Hicks, Nash, and Co., wharfingers, of Tooley Street—on Friday, 20th August, I took the weights of the bales taken out of the barge Thomas, and found that there were only 38, six were missing—they were each marked with a triangle and a bar at the top.
Cross-examined. I had no invoice; Nesbitt and Co. would have that—I simply took the weights—I was supposed by our entry to receive 44 bales—I have not that entry here, it was copied from the books.
JOHN FITZER . I am a skin carter in the employ of Messrs. A. W. Nesbitt, of Mill Lane, Tooley Street—they had an assignment of 44 bales of Norwegian goats' skins by the Cameo—there were 120 to a bale, and were tied up with rope—they had to be tanned afterwards—I received the bales afterwards, and found there were only 38 instead of 44—they had all to pass through my hands—the police afterwards took me down to New Sun Sufferance Wharf, and there I saw 12 bundles of goats' skins—they were then packed in gunny bags instead of tied with rope—I counted them, and found there were 715 skins, or five short of 720 that there ought to have been in six bales—they were of the same kind and character as part of the consignment by the Cameo, and I have no doubt they are part of the missing cargo.
Cross-examined. The number in the bales does not vary with this mark; they always contain one quantity—the bales I saw at this wharf were differently branded to the bales I received—those I saw were packed in a very clumsy way; a packer would know his business—I have no doubt they were Norwegian goat-skins.
Re-examined. I examined them and counted them one by one, and I have no doubt the twelve bundles are part of the forty-four bales.
GEORGE NESBITT . I live at 10, Fenchurch Street Avenue—we had a consignment of 44 bales of goats' skins, only 38 arrived in my possession—I inspected some skins in the custody of the police and have compared them with the 38 bales—I am of opinion they are exactly the same.
Cross-examined. A letter would show the exact number I should receive, and I have the letter here—I had to pay for 44 bales.
NATHANIEL CHITTENDON . I carry on business as a colonial merchant at 72, Mark Lane—I have known the prisoner about five years—on one occasion I took in one letter for him at that address, but he has nothing whatever to do with that address—he is a dealer in various kinds of goods—I knew he had a residence in New Oxford Street, but I don't know what business he had—he came to me by himself either on the 19th or 20th, and brought a sample goat skin with him, and asked me if I could sell seven bales of goats' skins; I said I dare say I could, and
asked him where they were to be seen, whether they were at a public wharf—he said "No, they were not"—I said that I could not deal with him unless they were put at a public wharf and open to public inspection, because I couldn't buy them by seeing one skin, I wanted to see the bulk—he then asked me if I knew of a public wharf to take them to—I took him to the office of Messrs. Wright Brothers, the owners of the New Sun Sufferance Wharf, and introduced him to Mr. Wright, and I heard an arrangement made between them that these bales of goats' skins were to be sent to their wharf—he wanted 2s. 8d. a skin for them—I left him with Mr. Wright, and he shortly afterwards came to my office and asked me for a form of order, and wrote this out. (This was dated 20th August, 1886, and was from A. Barker, 72, Mark Lane, to Messrs. Wright Brothers, New Sufferance Wharf, Ratcliff Cross: "Gentlemen, Please receive from me 12 bales of goat skins.") When it was written out I think 7 was put there, it has now been altered to 12—I wrote it out at his request—I am quite sure I did not put in 12 bales—the sample skin was left with me—I never put my signature to that order—this dock warrant was afterwards left at my house. (This was from the New Sun Sufferance Wharf, and was the receipt for 12 bales of goats' skins imported by land carriage, and entered by A. Barker on 21st August.) I got this document from Wright's; it has been altered since and is now signed by Barker. (This was on one of Messrs. Wright's forms, New Sun Wharf, to A. Barker, 72, Mark Lane, and stated: "Received on warrant number 469 for 12 bales of goats' skins.") I declined to buy them—I offered them for him, and was unable to get his price, and I then suggested they should go into a public sale—the sample he brought to me was taken away—I am the only person the prisoner saw in this transaction—he did not tell me at any time where he got them from or what ship they came by.
Cross-examined. He left it in my discretion as to where or how I should sell them—I could have gone to any house—he did everything quite openly—I knew him when he was with Skinner and Richardson's wharfingers, and I had dealings with them through him, and he has kept up the connection with me since—the houses I went to thought the price per skin was too much—he didn't tell me to sell them for what I could get—he fixed a price.
JOHN THORNHILL . I am a clerk to Mr. Chittendon—I remember his signing the receipt to the dock warrant, and I erased it because he signed it in mistake for some other letters I put before him—I then got the prisoner to sign it, and sent it to Mr. Wright.
THOMAS WRIGHT . I am in partnership with my brother at 24, Mark Lane, and are the proprietors of New Sun Sufferance Wharf, Ratcliff—on Thursday, 19th August, Mr. Chittendon came and introduced the prisoner to me, who represented he had some bales of goats' skins, and wanted to put them in my wharf—he did not say where he had got them from, and I never knew him before—I agreed that he should put them in the wharf—on the following day, the 20th, he brought me this memorandum—I think the "12" was not on it then, I couldn't be positive—on the 21st they were delivered at my wharf in a van—I used this usual wharfinger's warrant for the 12 bales—this receipt for the warrant was signed by the prisoner and afterwards delivered to me—after the inquiry took place about this matter the police took charge of these bales, and
they were removed, that is all I know of the transaction—I was not at the wharf when they were delivered.
ARTHUR FOX . I am a member of the firm of Pearce and Co., morocco leather manufacturers, of Bloomsbury Street—on 31st August a man named Dalby, whom I saw at the police-court, brought a sample goat skin, and I had a conversation with him about purchasing them, and I finally agreed to purchase them under the instructions of the police for 2s. a skin—on 7th September Dalby brought the delivery-warrant; I communicated with the police at once—I knew they were trying to trace these goods which Dalby was endeavouring to sell to me.
Cross-examined. Dalby said the skins were consigned to him.
SAMUEL DALBY . I carry on business at 10, Chequer Street, St. Luke's, as a colonial merchant—I formerly carried on business at 5, Leadenhall Street, in the boot and shoe trade—on 31st August Barker, who I had never seen before, was introduced to me by Mr. Drummond, and spoke to me about the sale of some goat skins; he said he had 1,700, and there was a sample of them in George Yard; that is in Fenchurch Street, and belongs to Mr. Drummond—I went and looked at it, and took possession of it, and afterwards arranged to sell these goats' skins for Barker—ultimately I went to Messrs. Pearce and Co., of Bloomsbury Street, and the skins were sold to them, subject to their approving of them—afterwards Barker said there were not 1,700, only 710, and I wrote this letter to Messrs. Pearce correcting it—I was to have 2s. a skin for them—Barker after-wards brought the dock warrant so that I might deliver; I only acted for him—immediately on my receiving the warrant I took it to Messrs. Pearce, so that they might inspect the skins—I was afterwards taken in custody, and I then told the police what I have stated to-day, and I was taken before the Magistrate and explained the matter to him, and I was discharged—I was to give the prisoner 1s. 9d. a skin, and Messrs. Pearce were to give me 2s. a skin, and then they wanted 2 1/2 per cent, discount.
Cross-examined. It was left in my discretion where I went to sell them, I had no restrictions—I don't recollect Barker telling me the first time he came that he was selling the skins on behalf of a man named Green; I presumed they were his own property—it is not true that I told Messrs. Fox that these skins were consigned to me.
GEORGE WRIGHT (Detective Sergeant). On 8th September I took Dalby in custody, and had a conversation with him, in consequence of which I saw the prisoner at Fenchurch Street Station, and said "Mr. Barker, I am a police officer"—he said "Yes, I know you are; you were pointed out to me the other day"—I said "I" want to speak to you; we had a heavy robbery of goats' skins from a barge either in the dock or on the river between the 17th and 20th of last month, and, if it is true what comes to my knowledge, that you received them"—he said "I know nothing about any goats' skins"—I said "I am told you know all about them"—he said "Well, I don't"—I said "Dalby is in custody, and he says that he received the warrant for the release from you"—he said "If that is so I will tell you all about it"—I said "You can please yourself"—he said "I had them of a man named Green"—I said "Do you know where Green lives?"—he said "No, but he can be found in Leadenhall Street"—I said "I have traced them to a wharf in your name the same day they were reported to us stolen"—he said "I was speaking to Harry Baldwin when Green came up with
them in a van, and asked me if I could do with them; I said "I will see," and made arrangements with Mr. Wright to have them put in Sun Wharf—I said "Did you ask Green where he got them from?"—he said "No, I did not"—I said "I have seen the invoice in Mr. Wright's possession; it has been altered from 6 to 12"—he said "I don't know anything about that"—at the station when he was charged he said he was going to sell them for a man named Green for 1s. 7 1/2 d. each.
Cross-examined. I am the detective in charge of this case, but there are five or six other police officers—I have had to partially collect the evidence in this case—I do not know a man named Morgan—I have taken two witnesses to the Treasury, and one of them named Carr has not been called—Morgan has not been to the Treasury to my knowledge—I believe the prisoner gave a description of Green—Carr is a witness from 5, Leadenhall Street—the prisoner did not mention the Sussex Tavern—I did not know him before this—this conversation took place at a railway station about half-past 5 in the afternoon—I made a note of it directly afterwards, which I have here.
Cross-examined. There is only one No. 5 in Leadenhall Street—the Sussex Tavern is farther down, but the proprietor does not deal in skins; it is a public-house.
DAVID FRANCIS (Re-examined). After Barker was in custody I went to his cell, and the name of Green was mentioned by him, and he gave me a description—I did not say to him "You had better not mention that in Court for fear he should bolt"—I took down the description; he gave me no address, nor yet any Christian name, and he gave me no information how I could find Green—he gave me the height of the man and the colour of his whiskers, and I have endeavoured to find him.
Witness for the Defence.
JAMES JOSEPH BALDWIN . I live at 31, Dixon Street, and have known the prisoner five or six years, and have had several dealings with him, and also with a man named Green—I sometimes go by the name of Harry Baldwin—about the 20th or 21st August I was standing talking to Barker outside Horseferry Wharf, and Green came up with a van with some rope—my foreman, Johnson, was at the scales at the time; since then he has died—it was old rope, about 84 lb. of it, and came to 7s.—Green then asked me if I was a buyer of skins—I said I didn't know how the market was going or else I would have speculated in them, but I said "Here is a gentleman knows a lot of City people," meaning "Barker, "and no doubt he will be able to sell them for you"—Green then asked me whether Barker was a trustworthy man, and I said "Yes"—he said "Was he worth trusting 100l.?"—I said "Yes"—with that I believe Barker took a sample of the skins off the van and went away with it—he came back in about two hours, and said he had been up to the City, and there was a market for them—Green was present then—he had waited for Barker to come back—he said "You will have to put these goods on a public wharf and get a warrant for them," and
Green said "Very well, do so"—as far as I can remember Green said to Barker "You get the warrant out in your name, and I will allow you 1 1/2 d. a piece commission;" he also said "You can take the proceeds, and I will call on you in a week or two and settle it up."
Cross-examined. Barker lives about a quarter of a mile from where we were standing talking—he also has a wood and stone yard at Bow Common—he pulls down old houses and gets the materials—I cannot tell whether it was a one-horse or a two-horse van, or what name was on the van—I had had one transaction with Green before this; that was 8 cwt. of rope, and came to 8l. 13s. 9d.—I understood Green lived at 5, Leadenhall Street—he had skins and other goods in the van—the transaction between Green and Barker took place in the open street—it is not a suspicious thing for a van to stay outside my place with old ropes; sometimes there are 20 or 30 outside—the first transaction I had with Green was about two months before this—I can't tell where Green has gone to—I have not seen him since—I am manager to my brother.
Re-examined. The two transactions I had with Green were for ready cash—he usually came with the van.
The prisoner received an excellent character.
GUILTY .— Five Years' Penal Servitude.
MR. CHAPMAN Prosecuted.
JAMES CHUTER . I am a bricklayer, of 3, Brazil Mill Cottages, Hounslow—on 29th October I fastened up the house at 10.30 p.m.—I came down at ten minutes to seven—I found an entry had been made by the washhouse window being broken and the door opened, and a bundle of linen had been opened and strewn about the floor.
ALFRED STEELE (Policeman T 143). About 7 a.m on 30th October I met the prisoner coming in the direction of the barracks without hat or belt—I stopped him and asked if he had lost his hat—he said "Yes," but it did not matter, he had two more indoors—I let him go on, and followed him to the turning leading to the barracks—later on in the evening I was called to the station, where I saw him with several other soldiers and identified him—he was about a mile and a quarter from the prosecutor's when I met him—he was sober.
JOHN ELLIS (Police Inspector T). About 10 a.m. on 30th October I was called to the prosecutor's—I found how the premises had been entered—this soldier's cap was handed to me in the kitchen; I went with it to the barracks and said to the prisoner, "Is this your cap?"—he said "No, it was lent to me by Private Murphy about three weeks ago, and I have not returned it to him since"—I said, "Is this the cap you wore last night?"—he said, "Yes, I wore it down the town"—I said, "Did you lose it?"—he said, "Yes, I went fighting with another man at the Rose and Crown public-house and lost my cap"—I told him I should charge him with committing a burglary at the address given between 10 and 6 on the 29th and 30th—he said, "I went down Hounslow town last night and got fighting with another man. I lost my cap during the fight and loft Hounslow about 9.40, returned to the barracks about 10.10, passed the sentry at the gate without my cap, went to my room, and did not leave the barracks again that night."
JOHN BRACKENBURY (Policeman T 133). I went with the inspector to the prosecutor's and examined the premises—a nuisance had been committed in the coal shed—I found marks on the gate of the next premises, which was smeared with coal dust—when the prisoner was arrested I saw that hid coat was smeared with coal dust in several places—I asked him how his tunic came in such a state; he made no reply—his hands were also smeared with coal dust; he said he had been carrying coals—he had a recent cut between two of his fingers and on the tip of his nose.
Witnesses for the Defence,
Cross-examined. He might have left the barracks after that, there was nothing to prevent him—he was sober; I could not say whether he had on his cap or not.
WILLIAM SOUTHEY I am a private—about a quarter to 10 on this night I and the prisoner had a quarrel and I knocked his cap off—I saw him in the barrack room next morning about a quarter past seven, up and dressed.
Cross-examined. I slept in the next cot—I could not swear to the time; when I let myself in the lights were out.
Prisoner's Defence. As to breaking into this house, it is net likely I should put my cap on a shelf six feet high; I might as well have stopped there myself.
NOT GUILTY .
WILLIAM BROWN . On 3rd November I was in the tramp ward of the Uxbridge Union; the prisoner was there also—on the night of the 2nd we had some words and I struck him twice; he did nothing to me then—I left the Union next morning; on the road I overtook him and asked him which was the right road to Watford—he said I was to come on, and he turned round and struck me on the top of the head with a razor—my eyes were blinded with blood; I caught hold of him and threw him down—I got up again and he knocked me down again and got on the top of me; he had the razor in his hand, and he attempted to cut my throat—I tried to knock his hand away; I received a cut across my face—no one else was there at the time—two others came to my assistance; the prisoner got up and ran away, and they ran after him and caught him—I returned with them to the workhouse, and have been attended by the medical officer ever since up to last Sunday—I had not offered any provocation to the prisoner that morning—I struck him on the Tuesday night because of the violence he used to me on Monday—he then struck me and threatened to do for me with the razor—he said it was a b—good job he had not the razor in his hand then or I should have been a dead man.
struggling in the road—when I got up to them Brown was on the ground and the prisoner on top of him with a razor in his hand—I put my foot on his wrist to keep the razor down on the ground—Brown got up and told him to go away or he would be murdering him—the prisoner then got up and ran away; I called Trinder to come and help—I ran after the prisoner and caught him, and took him back to the Union—I saw blood coming down Brown's face.
Cross-examined by the Prisoner. I did not see Brown strike you when in the Union; I heard a dispute between you the night before.
THOMAS TRINDER . On the morning of 3rd November I left the Union—when I got outside I saw the two men on the ground struggling—I stopped a moment or two, when Smith sang out, "Help, here is a man cutting another with a razor"—I saw streams of blood running down Brown's face—I ran after the prisoner; he said, "It's no use running after me"—I caught him and took him to the Union—he said, "What is it to do with you?"—I said, "A great deal, seeing a poor man served in that way"—I asked him for the razor; he put it in his pocket and it was taken out of his pocket at the workhouse.
Prisoner. You gave me a kick in the head.
Witness. I did not.
WILLIAM RAYNER, M.R.C.S . I am medical officer of the Uxbridge Union—on 3rd November I was summoned to the workhouse to see Brown—he had three cuts; one on the top of the head, about 3 inches long; one across the face, cutting through the edge of the nose, about 4 inches long; and a third on the buttock, about 1 1/2 inches long—they were inflicted by some sharp instrument, such as a razor—they were not in themselves dangerous unless erysipelas had come on—they are healed now, and he is well.
CHARLES HAWKINS . I am master of the Uxbridge Union—on the morning of 3rd November, about 5 minutes to 3, I heard a disturbance, went to the front door, and saw the prisoner in custody of Trinder—I also saw Brown bleeding very much from wounds in the face—I at once ordered his removal to the infirmary—I asked the prisoner if he had inflicted the wounds—he said, "Yes, and so would you if you had been attacked the same as I have been"—I asked him for the razor—he said, "It is in my waistcoat pocket"—I searched his right-hand pocket and found the razor without the case—I examined it, and found spots of wet blood—I sent for the police, and gave the prisoner into custody—I saw that the prisoner's face was slightly discoloured under the eye, as if there had been a blow there—nothing was reported to me of any occurrence in the casual ward the night before.
MICHAEL PENNYFOLD (Policeman X 359). The prisoner was given into my custody—I told him the charge—he said, "I don't deny it, and if you had seven or eight set on you the same as I had you would have done the same; if I had been armed with a revolver I would have shot the lot."
The Prisoner's Statement before the Magistrate. "I plead guilty. I consider, having a body of men starting on me, I was quite justified in law in defending myself. I was knocked down and kicked by one of the witnesses while I was fighting with the prosecutor, and I felt justified in using the razor in self-defence."
GUILTY of unlawfully wounding. — Nine Months' Hard Labour.
ROCKMAN PLEADED GUILTY .— Nine Months' Hard Labour.
MR. GOODRICH Prosecuted; MR. GEOGHEGAN defended Davis.
HENRY BIRD (City Policeman 899). On 23rd October, about 5.30 p.m., I was on duty in Houndsditch—I saw Rockman carrying three brown-paper parcels—he went into the Sir John Falstaff public-house—a few minutes afterwards Davis came out of Cutler Street into Houndsditch—he stopped and addressed me, and said, "Halloa, young Joe, how do you get on?"—I said, "All right"—I saw Rockman look out of one of the compartments of the public-house; Davis nodded his head at the same time, saying to me, "Come up, old buffalo, I will treat you"—Rockman returned into the public-house—I went and looked through an aperture into the compartment where the two prisoners were—I saw Rockman undo a brown-paper parcel and take out four overcoats and hand them to Davis, who put them into a sack that he was carrying when I first saw him—I heard no conversation—I went away for assistance, and communicated with another constable, and when Davis came out I pointed him out, and he stopped him, and I took Rockman into custody—at the station, after Davis gave an explanation, Rockman said, "It is true, I let him have them to sell for me"—I afterwards searched Davis's house, and found a sheet of brown paper resembling the sheet that I took possession of at the public-house.
Cross-examined. I mean that one sheet of brown paper looked like another—there is an old clothes exchange about 50 yards from the public-house; some dealers use the public-house—Davis knows me; I was in uniform.
JOSEPH PHIPPS (City Policeman 882). Bird called me and made a communication to me, in consequence of which I watched the Sir John Falstaff public-house—I saw Davis leave the house with a sack on his shoulder—I said, "Davis, what have you got in that sack?"—he said, "Some old clothes"—I said, "I believe you have got some new ones there which you have just received from a man in the public-house across the road, you will have to stop here a few minutes," and when I saw Bird with Rockman I said, "You will have to come on to the station with me and be charged with unlawful possession"—he said, "Jesus Christ, Joe, you don't mean to say that? I have got a wife just confined at home"—on the way to the station he said, "A man over at the public-house gave them to me to sell for him"—they were both charged at the station—Davis said that Rockman had given him the coats to sell for him—Rockman said that he made the coats and bought the pieces in the Lane, and gave them to Davis to sell.
FREDERICK RYDER ADAMS . I am manager of the Bell Tavern, Middle sex Street—I know the prisoners as customers; Rockman has frequently been there, and Davis on two or three occasions; I have seen them there together.
Cross-examined. The Clothes Exchange is about 200 yards from my house—Rockman has left parcels at my house.
DAVIS— NOT GUILTY .
NEW COURT.—Tuesday, November 23rd, 1886.
Before Mr. Common Serjeant.
MESSRS. WILKINSON and COOKE Prosecuted.
WILLIAM STEAD . I am a barman at the London Coffee House, 42, Ludgate Hill—on November 3rd, about 7.30 p.m., I served the prisoner with some soda-water, price 2d.—he put down a shilling; it was very light, and I broke it in two with my teeth and said "Do you know what you have given me?"—he said "No; did I give you that?"—I said "Yes"—he said "I will give you another"—I had thrown the pieces on the counter; he took them up, put them into his mouth, and gave me a shilling, which was also bad—I called Mr. Jones, the landlord, and handed him the coin—I waited outside about two minutes and no policeman passed—the prisoner came out and said that he was going away—I said that he would have to stop; another barman came out and we held him; he struggled violently, and said "Give me one chance "—he spoke distinctly—we gave him in custody.
Cross-examined by the Prisoner. I had to take the first shilling to the desk to get change, but not out of your sight—you appeared to have been drinking, but you walked straight enough—I saw mud on your hat—you did not pick out the second coin, you put your hand in your pocket and threw it down without hesitation.
ALFRED JONES . I keep the London Coffee House, Ludgate Hill—on 3rd November, about 7.30, Stead showed me this coin (produced); I put it in my pocket and marked it at the police-station, where I saw this other counterfeit shilling found on the prisoner—I marked both with a cross.
Cross-examined. I thought you had been drinking; you were only served with soda-water.
BURTH COWSTIN (City Policeman 514). I saw the prisoner on Ludgate Hill struggling with Mr. Jones and the barman, in the road, near the London Coffee House—he was given into my custody; I took him to the station, searched him, and found a bad shilling in his trousers pocket—I put a "B"; on it, and marked the other "A," and saw Mr. Jones mark them both with a cross—I also found a half-crown, a shilling, five sixpences, a three penny piece, and 15 1/2 d. in bronze, all good; also a pawn-ticket for a silver watch—he gave his address 25, Tyson Place, Dalston Lane.
Cross-examined. You wore struggling with Mr. Jones as well as the barman and potman.
LFREDJONES (Re-examined). I struggled with the prisoner in the street; my barman had then gone back.
The prisoner, in his statement before the Magistrate and in his defence, stated that he changed a half-sovereign, and was tossing coins with some coster-mongers
in Covent Garden Market, and contended that if he had known that the first coin was bad he would not have been likely to have put down another, and he did not know whether he got the money in his change or from the men with whom he tossed.
GUILTY — Eight Months' Hard Labour.
19. ARTHUR CHAMBERS (24) , Unlawfully uttering a medal resembling a sovereign, but of less value, with intent to defraud. Two other Counts calling it a piece of mixed metal. Fourth Count for unlawfully obtaining 19s. 8 1/2 d. by false pretences.
MESSRS. WILKONSON and COOKE Prosecuted; MR. GILL Defended.
ANNIE BEAL . I am barmaid at the Clock public-house, Brompton Road—on 4th November, about 8.30 p.m., the prisoner came in with another man and asked for some ale and a lemon, which came to 3 1/2 d., and handed me this coin, which I supposed to be a sovereign; I put it on the shelf where we keep silver, and gave him 19s. 8 1/2 d. change—they drank their drink and left, and in about two minutes Mr. Price, the manager, made a communication to me, and went out and brought the prisoner back with a constable in about five minutes—I have known him live weeks as a customer.
Cross-examined. I have only been there five weeks—I knew both the men as customers, seeing them nearly every day—when the prisoner came back he did not deny that he was the person who had been there—he put the coin on the counter after he was served, and I put it where the silver was, to replace the change.
GEORGE PRICE . I am manager to Albert Price, landlord of the Clock House, Brompton Road—on November 4th, about 8.15 p.m., I was in the bar, and the prisoner came in with another man; they were there two or three minutes, and I saw the prisoner leave but not the other—about three or four minutes afterwards I looked at the money which had been taken and found this coin on the shelf where silver is kept; there was no other gold coin there—I examined it and found it was a Hanover medal—I spoke to Miss Beal and went out and found the prisoner at the Fulham Bridge public-house, 150 yards off, talking with other men—I did not notice whether he was drinking—I said I want you back at the Clock"—he said "What for?" and came out—as we went back he said "Look here, George, I have done it for a joke '—as I had said nothing to him about the charge I said "Done what in a joke?"—I do not know what answer he made—we met Policeman Price who went with us, and I asked Miss Beal whether the prisoner was man who gave her the coin—she said "Yes," and the prisoner told the landlord that he did it for a lark—I gave him in custody with the coin—I have known him as a customer during the four months I have been there.
Cross-examined. Mr. Pearce is my uncle—the prisoner has used the house for I think he says, nine years—he lives near—knew him as Arthur: I did not know his surname—I said "I want you to come back—he said "What for?—I said "You know what is for," and he said "I only did it for a joke, George"—he did not deny it in the barmaid's presence.
WILLIAM PRICE (Policeman B 428). The prisoner was given into my custody, and I searched him, and found a half-sovereign, a half-crown, three florins, a shilling, and fourpence, and Mr. Price handed me this
Hanoverian medal—on the way to the station he said "I did it for a joke," and afterwards he said that he did it for a bet—I marked the coin with a cross with my knife—he gave his correct address, 33, Cadogan Place—this is the coin; it is the colour of a sovereign, but very light.
Cross-examined. I have known him 10 or 12 years—I knew him when he was working for Mr. Pring as shop porter, and he worked for a carpet planner—I never knew anything against him.
GUILTY. on the fourth Count only .— Judgment respited.
MESSRS. WILKINSON and COOKE Prosecuted.
GEORGE CLARKE . I keep a coffee-house at 11, Spring Street, Maryle bone—the prisoner came in on a Saturday, about the last week in September, for a cup of tea, price 1 1/2 d.—he gave me a shilling; I took it to the back, and bit it nearly in two—I then went back, and said "How many more have you?"—he seemed surprised, and said "What do you mean?"—I said "You know what I mean; I have had some more of your gang in, and we have already taken one bad shilling"—he said "I did not know it was bad,' and gave me three halfpence—I threw the coin on the table—he took it up, and took it away—I went out to look for a policeman, and he left his tea, and was out almost as soon as I was—I picked him out last Thursday from other men at the police-court.
Cross-examined by the Prisoner. I did not walk by you before I picked you out; there were other men round the corner—it was at an angle, but I did not go round, it was not necessary—I walked straight up to you, and said "That is the man."
MARTHA REEVES . My husband keeps an eel-pie shop at 57, Paddington Street—on, I think, Monday fortnight I was in the kitchen under the shop, and my little girl who was serving in the shop called out to me, and asked me for change for a half-crown—I had not got it, and told her where to go for it.
Cross-examined. I did not see you that day, but I have seen you there before.
KATE REEVES . The last witness is my mother—on 8th November I was in the shop, and the prisoner came in for two penny pies, and put down a half-crown—I asked him if he had smaller change, and he said no—I called out to my mother, and asked her if she had got change—she said no, and was coming up from the kitchen—I told the prisoner I would go and get change—he picked up the half-crown and ran away—I had not picked it up.
ELIZABETH WILLINGALE . My husband keeps a general shop at 10, Union Street, Lisson Grove—on the night of 13th November the prisoner came in for twopenny worth of bread and cheese, and gave me a shilling—I put it in the till, where there was no other shilling, and gave him a sixpence and fourpence—two or three minutes afterwards I found it was bad, and gave it to a detective—this is it.
Cross-examined. You did not give me a sixpence; it was a shilling, and I gave you the only sixpence I had.
HENRY DARBY (Policeman D 85). I saw the prisoner enter Mr. Willingale's shop—he came out eating some bread and cheese—I said "I shall arrest you for uttering a counterfeit coin at Mr. Priest's, 11, Circus
Street, on Friday, the 12th—he said "All right"—I took him to the station, where Mrs. Willingale's daughter and Kate Reeves picked him out from among other men—I found on him a sixpence and fourpence—he gave his address, 46, East Street, which I found correct—that is in the same neighbourhood.
The Prisoner's Statement before the Magistrate. "I do not know the shop, and was never in the shop in my life. I gave sixpence to Mrs. Willingale, and she gave me fourpence change."
GUILTY on the third and fourth Counts. — Twelve Months' Hard Labour.
MR. COOKE Prosecuted.
JAMES HANKAN . I am a news agent and tobacconist, of 8, Forest Row, Dalston—in November, at 3 p.m., Murray came in for half an ounce of shag—my mother served him, and I saw a shilling on the counter—I told him it was bad—he said "I have been at work cabinet making this morning, and received 2s. in payment"—he put the shilling back in a tin box from which he had taken it—I gave him the change—I saw Jackson looking in at the window, and a third party was watching on the other side of the road—the two prisoners went into the Hope Tavern and the other man followed—I went to the police-station and gave information—I went with Buckle into the Queen's Road, and was present when the prisoner was' arrested—I marked the shilling with a cross—this is it.
Cross-examined by Murray. You had a tin box in your hand—I did not pull the tobacco out of your hand—I said "Do you want the tobacco or not? perhaps you have no more money," and you said that you had another shilling in your box.
Cross-examined by Jackson. I have books and periodicals in my window, and you were looking between them.
CHARLES HEPBURN . My father keeps the Hope Tavern—on 16th October the two prisoners came in, and Murray called for a pint of ale and tendered a shilling which looked suspicious, and I kept it in my hand, and gave him a sixpence and fourpence—I showed it to my father and then went back to Murray, threw it on the counter, and said "This is a bad shilling"—he said "I hope it is not, for I have only got 2s. in my possession for some work I have done, and it would be very hard for me"—I returned it to him and said "You will be able to get another for it"—he gave me a good one—I afterwards went to the station and heard Murray say, "We have not been into any public-house"—this is the same shilling (produced).
JAMES BUCKLE (Policeman J 441). I received information from Hankan, who went with me to Queen's Road, where we saw the prisoners—I said "You have been to this man's shop and passed a bad shilling "—Murray said "What are you talking about?"—I said "You will both have to go with me to the station"—I took them there, searched them,
and found on Murray this tin box, a sixpence, fourpence, and this bad shilling (produced)—I only found a knife on Jackson—I charged them with passing a bad coin—Murray said "I deny it myself"—Jackson said nothing—Murray gave his address 4, Dunstan Street, and Jackson 4, London Place.
Cross-examined by Murray. The address you gave me was correct—you went quietly.
GEORGE MURRAY . I am a cabinet-maker, of 35, Boundary Street, Shoreditch, and work for myself—on the day you were arrested you had no employment, and I asked you to take a washstand and sell it for me, and you were to have all you got for it over 1l., and I received 1l. from you shortly after dinner time that day—you told me that you had gained 2s. out of it—I advised you to go home, as you had had some drink.
MR. WHEATLEY (Secretary to St. Giles' Mission). I went to your employer, who told me he had no work for you that morning—you had been at work for him continuously up to Saturday evening—he gave you a good character, and said that he had known you several years, working for him honestly and respectably, and had never known anything wrong of you—a gentleman in Moorfields likewise gave you a character for many years as a respectable, hard-working man.
Murray in his defence stated that he got the shilling in change for a florin which he got for selling the washstand for his cousin, and did not know it was bad.
Jackson stated that he went for a stroll with Murray, and saw him put down the shilling, but did not know it was bad.
NOT GUILTY .
MESSRS. WILKINSON and COOKE Prosecuted.
ELIZABETH LITTLECHILD . On 24th September I was serving at a bazaar in Cranbourne Street, Leicester Square, kept by Levy Barber, and about 9.30 p.m. the prisoner bought a purse, price 6d., and gave me a bad florin—I said "This is bad"—he said "Well, what are you going to do with it?"—I said "I shall give you in custody for passing bad money"—he said "I had it given to me in Billingsgate Market for pushing a truck"—I gave him in custody with the florin—this is it.
HENRY BLAKE (Policeman C 297) The prisoner was given into my charge with this florin (produced)—I said "Is this all you have?"—he said "Yes, I have no other money"—I searched him and found a good florin and a halfpenny—he said he got the coin for pushing a barrow in Billingsgate Market that morning—he was remanded till 30th December, and then discharged.
ALFRED WATERTON . I am barman at the Well and Bucket Tavern, Bethnal Green Road—on November 6th I served the prisoner with half a pint of ale; he gave me a bad half-crown—I said "This is bad"—he said "Oh, is it?" and gave me a good florin—I gave him a shilling, sixpence, and fivepence—I showed the coin to a man named Davis, who handed it back to the prisoner—it was smooth to the touch and gritty to the teeth—my teeth sank in it—it was very light.
Bethnal Green—on 6th November, about 10.15, the prisoner gave me a bad half-crown for a twopenny cigar—I was getting over the counter and he ran out; Jones and I followed him and brought him back, and he was given in charge.
JOSEPH JONES . I was at the Buck's Head and saw Mr. Yardley attempt to get over the counter—I then saw the prisoner and chased him; he put his hand in his trousers-pocket and threw something which I did not see, but it jingled in the gutter—I took him back to the house—the gutter was searched, but nothing was found, as there was so much water.
CHARLES FARMER (Policeman). I took the prisoner, and Mr. Yardley marked the half-crown and gave it to me—I searched him, and found a florin, 11 shillings, four sixpences, and 3s. 2 1/2 d. in bronze, all good—as soon as I got outside a man and woman attempted to get the prisoner from me.
GUILTY .— Fifteen Months' Hard Labour.
FOURTH COURT.—Tuesday, November 23rd, 1886.
Before Robert Malcolm Kerr, Esq.
MR. CLUER Prosecuted; MR. KEITH FRITH defended Martin.
SAMUEL LYTHALL (City Detective Sergeant). On the evening of 22nd October I was in Bishopsgate Street with Outram—we watched the prisoners and saw them turn into Clark's Passage—Martin looked in all the five doors of the Magpie and Punch Bowl, Jones being immediately behind him—they then entered by the second door in Bishopsgate Street, and in 10 minutes or a quarter of an hour Jones came out with Hornsby and turned into Clark's Place—immediately after this Martin came out and followed them into Camomile Street and joined them, and they went into a private compartment in the Saracen's Head, where they remained about half an hour—on coming out they stood at the end of the court, and the prisoners appeared to have some difficulty in getting rid of the prosecutor—they walked towards St. Mary Axe, Jones led the prosecutor across the road and against a carrier's cart-wheel standing still—they left him, Jones crossed underneath the horse's head and went along in the direction of Martin, who had gone back on the opposite side of the street—they turned into St. Mary Axe, which brought them into Houndsditch—I had noticed the prosecutor was very drunk—Sergeant Miles came up and took charge of the prosecutor, and after following them I arrested Jones, and Outram arrested Martin—I brought Jones back to where Martin and Outram were struggling together—I had hold of Jones by the left hand and caught hold of Martin by the right hand—his right hand was in his right-hand trousers pocket—he endeavoured to get it out, but could not do so—I got this knife out of his pocket—directly I withdrew my hand he withdrew his, and I heard some money fall out on
the pavement—Jones began to struggle with me; I left hold of Martin and Miles came to the assistance of Outram—I conveyed Jones to the station, and the prosecutor came with me—when charged at the station they were searched, and a small brass token and a quarter-anna were found on Martin and some money—the prosecutor was unable to give us anything definite at all, he first said he had 50s. and then 5s.—it was about halt-past 7 when the prisoners were arrested.
Cross-examined by MR. FRITH. No money that could be identified by the prosecutor was found in Martin's possession—the token was sold in the streets a few weeks ago; it has the Lord's Prayer on it—I do not know that two of the tokens were found on Martin—I did not see the prisoner's hand in the prosecutor's pocket—the inspector asked the prosecutor how much he had lost, and he at first said 18s., then 15s., and then 5s., and then he did not know how much—he knew he had lost his purse, but not where, or who had taken it—he said he had seen it when he went into the public-house—the purse has not been found.
WALTER OUTRAM (City Detective). I was with Lythall watching the prisoners—I arrested Martin—I said "lama police officer, I shall take you into custody for being concerned with another man in robbing a young man who was drunk"—he struggled hard to get away—I pushed him into Houndsditch—he said, "Who are you? do you want to rob me?"—I said "No"—I said, "I am a police officer"—Lythall caught hold of his right hand, and soon after I heard something fall on the ground—I went with them to the station—I searched Martin, and found in his right-hand trousers pocket some money—he said, "That is mine "—I said, "How much is there?"—he said, "About 11s."—I counted it, and found 7s. 9 1/2 d., this small anna, and a token—he gave a correct address—on Jones was found 5d. bronze, but nothing relating to this charge—Jones gave the address of an empty house—Martin at the station said he did not know the other man, pointing to Jones.
WILLIAM HORNSBY . I am a clerk, and live at 30, Forest Lane, Stratford—on 22nd October I was very drunk in Bishopsgate—the two prisoners came into the public-house after me—I had a purse containing between 7s. and 9s. with a quarter-anna and a brass token with the Lord's Prayer written small on it—I am sure this quarter-anna is mine, and that I had it with me—one of the prisoners filled my pipe—I had a watch and chain on, that was safe—I told the inspector after I had had a pipe I came over queer, and do not recollect what occurred after that.
WILLIAM GALLOPN . I am barman at the Magpie and Punchbowl, Bishopsgate—on 22nd October the prosecutor came in, perfectly sober—Martin and Jones came in, and had a conversation with the prosecutor, and ordered drink all round—the prosecutor was perfectly sober when he left.
MR. CLUER Prosecuted.
MICHAEL HANDELCHENS (Interpreted). I live at 35, Greek Street, and am a tailor—on Friday afternoon, 5th November, I went into a public-house in Parker Street with the prisoner and another man—I paid for beer for thorn—they asked me to go to the skittle-alley with them; I said I had no time—the man with the prisoner felt in my coat pocket—
shortly after I went out of the house; they followed me—the prisoner held me in the street, and the other man opened my overcoat and took 4s. or 5s. out of my trousers pocket—the prisoner held me by the arms, so that I got blue marks on them—on the following afternoon, Saturday, I went to the same public-house with two police officers, where we saw the prisoner, and I gave him in charge—I swear he is the man that held me while the other robbed me.
Cross-examined by the Prisoner. You followed me out of the public-house directly after the other.
MARY ANN WILSON . I am landlady of the King's Arms public-house, Parker Street—I saw the prosecutor, the prisoner, and another man in my house on this afternoon drinking together—one of the men asked the prosecutor to go and play at skittles—I said we did not allow any one in there with drink—they were both the worse for drink.
Cross-examined. You followed out of my house directly after the other man.
JAMES ENRIGHT (Detective E). On Saturday afternoon, 6th November, I went to the King's Arms, Parker Street, with the prosecutor—I saw the prisoner there, and took him into custody—I told him I was a police officer, and that he would be charged with being concerned with another in robbing the prosecutor on the previous afternoon, 5th November—he said, "I did have the money"—when the charge was read to the prisoner he said, "I will plead guilty"—he had been drinking, but was quite sober enough to understand what he said.
He then PLEADED GUILTY** to a conviction of felony in October, 1882.— Five Years' Penal Servitude.
MR. CLURR Prosecuted.
PETR STEORI I live at 204, City Road, and am an agent—about half-past 12 a.m. on 9th November I was in the City Road with my brother, going home, when I was attacked by a man—I caught hold of him; he tried to throw me on the ground; we went to the ground together—I tried to get up, and the prisoner kicked and then knocked me in the eye—my eye pained me, and I put both my hands up, and then I felt somebody was after my watch, and I looked and saw the prisoner taking it out of my pocket—he gave it to a woman, who ran away with it—I saw my brother run after the prisoner and bring him back—I was quite sober.
Cross-examined by the Prisoner. You ran the opposite side to the Britannia Road—my eye pained me so much I did not see where the woman went.
Re-examined. The woman was charged at the police-court and fined 10s. or seven days for assault on the police.
BELTHASAR STOERI I am a brother of the last witness—on the morning of 9th November I saw him knocked down, and I saw the prisoner run away—I ran after him—he knocked me down, but he was captured by the police directly after.
Cross-examined. I did not see you steal the watch, nor did I see the woman.
prisoner in the City Road—he struck the prosecutor with his fist—the prosecutor got up and made a complaint to me, and I took the prisoner into custody—the woman was also taken into custody—she was after-wards dealt with by the Magistrate.
Cross-examined. The struggle began on the other side of the City Road, and you struck him in the middle of the road—I came across as soon as I could—you tried to get away—you did not have a chance to run.
JOHN LODGE . (Policeman G 240). I saw a crowd and a struggle between the prisoner and the prosecutor in the City Road—I assisted to take the prisoner to the station—I searched him in the City Road—I did not find the watch on him—he said a woman had it, he had not had it.
The prisoner in his defence stated that he was walking along with his wife when the man ran up and charged him with stealing his watch.
GUILTY .— Twelve Months' Hard Labour.
MR. CLUER Prosecuted.
HENRY THOMAS DE PLEDGE (Policeman D 451). I was in Queen Street at half-past 7 a.m. on 20th October, and saw the prisoner with four others speaking to Mr. Jackson—two out of the five caught hold of each side of his arm, and took him to Newton Street—I followed, and saw the prisoner strike him a blow behind the ear and knock him down, and immediately jump on the top of him, while another man not in custody snatched his watch and chain, and they immediately ran away—I followed the man who had taken the watch, but failed to catch him—I returned and saw the prisoner picking the prosecutor up—I was about three yards off when I saw the prisoner strike the prosecutor—the prosecutor came to the station with me and signed the charge-sheet; I have made inquiries, but he gave a false name and address, and I cannot find him.
Cross-examined by the Prisoner. I did not take you into custody; I told another constable to do so.
By the JURY. I am perfectly certain the prisoner is the man I saw knock the prosecutor down.
EMMA NEAL . On the morning of 20th October I was at the corner of Newton and Parker Streets, and saw the man knocked down, and the prisoner held him while the other men robbed him—I was going by to get a clean apron, and saw the prisoner then picking up the man that had been robbed—I was close to them—I said "Is it you?" and he kicked me.
Cross-examined. I saw the man robbed—he was lying down—you all knocked him down, and you held him by the shoulders while the others ran up King Street—I did not see you hit him.
JOHN BOVEY (Policeman E 359). I saw this scuffle in Parker Street, and went towards the people—I saw two or three men run away and the prisoner lifting the prosecutor up—I took him into custody—I was about 100 yards off when I saw the occurrence—I saw three or four men run away; they scattered in different parts—I did not see the girl till I got to the station.
GEORGE SEABRIGHT (Policeman E 18). I was at Bow Street on the morning of 20th October, when the prisoner was brought there—shortly after-wards a gentleman came in, who said in the prisoner's presence that he had been robbed of a watch and chain, value 7l. but that he did not want to have much to do with the affair, as he had been drinking with the prisoner—the prisoner said he had been drinking with him—I asked the prisoner his occupation—he said a hopper.
The prisoner in his defence stated that he saw four men set on the prosecutor and rob him, and that he shoved them off and picked him up.
NOT GUILTY .
NOT GUILTY .
28. JOHN GOOLD (25) to stealing a purse and fourpence, the goods and money of Mary Ann Turner, from her person, after a conviction of felony in August, 1884, in the name of John Carley.— Eighteen Months' Hard Labour.
OLD COURT.—Wednesday, November 24th, 1886.
Before Mr. Recorder.
MR. SAUNDERS Prosecuted,
EDWARD RUTTER . I live at 6, Alfred Place, Bedford Square—on 30th August last, between half-past 8 and 9 o'clock, I was passing through Russell Street, Covent Garden, and was tripped up from behind by somebody, and in falling my head was struck in some way, and I was rendered partially insensible for two or three seconds—I then found myself lying on the pavement and a man's hands about my waistcoat—I got on my feet and held McLoughlin by the collar, and called for assistance—Joyce then came up and helped McLoughlin to extricate himself from my grasp—I afterwards I found I had lost from five to seven shillings out of my waistcoat pocket—I did not see Mr. Glennie till I was at the station—the prisoners succeeded in getting away from me, and I identified them at the police-court a few minutes afterwards—I do not know the Grapes public-house; I was not there that evening—I had not seen the prisoners before I was assaulted.
Cross-examined by McLoughlin. I did not come into the public-house with two other men and say to you "Have a drink."
Cross-examined by Joyce. You pulled McLoughlin away from me when I was holding him.
GEORGE ICHARD GLENNIE . I am a confectioner, of 290, Strand—on 30th August, about 9 o'clock, I was in Russell Street and heard a cry of "Help! help!"—I went to the spot, and saw the prosecutor holding McLoughlin by the throat, and crying "Help! help!"—I asked him what was the matter, but he was in such an excited state he could not. answer me, and I found afterwards when he was at the station that he
had an impediment in his speech—I was going to rescue him, only my friend who was with me said "Don't, there is such a lot of roughs about here"—I went to the station, and when I came back the prosecutor was lying on the ground with a mob round him—Joyce had pulled McLoughlin away, and they were coming out of the crowd—they dodged about behind the cabs—my friend said "It is all right, it is Claney; it appears he is well known"—I went to Bow Street and described the prisoners, and pointed Joyce out as he was standing at the corner of the street as the man who had rescued McLoughlin—I afterwards gave a description of McLoughlin, and he was taken in custody, and I recognised him.
JOSEPH KIRBY . I am a cab proprietor, of 8, Church Street, Clapham Road—on 30th August last I was the first on the rank in Russell Street, and I saw McLoughlin and the prosecutor running along Russell Street—they ran behind my cab and the prosecutor slipped up—he got up and ran after the prisoner again—I picked up this stick and ran after them—some one in the crowd then said "Over with him," and they both fell to the ground—the prosecutor held on to the prisoner's legs, but he shook them and ran away—the prosecutor appeared as if he was stunned for a minute or two—I saw nothing of Joyce—I gave information to the police.
Cross-examined by McLoughlin. I asked you what you had got belonging to the gentleman, and you said "Nothing but a key."
HENRY HIGGINS (Policeman E 254). Mr. Glennie came to the station, and I went and saw the prosecutor outside Hart's public-house—he made a statement to me, and went back to the station with another constable, and Mr. Glennie gave a description of two men, and about 10 minutes afterwards I saw Joyce in Russell Street—I said "I shall take you in custody for being concerned with another man not in custody in knocking down a gentleman named Rutter in Russell Street, and robbing him of five shillings or thereabouts"—he said "I did not knock him down; I have none of his money"—he was searched, and fourpence was found on him.
JOHN IRELAND (Policeman E 183). On the night of 30th August I was sent to Russell Street, and there saw the prosecutor; he was almost insensible—I assisted the last witness to take Joyce to the station—I saw McLoughlin at a public-house, and told him I should take him in custody for being concerned with another man in custody in assaulting and robbing a man in Russell Street—he said "All right; I will go with you "—I searched him, and found a half-crown and a key on him.
JOYCE— NOT GUILTY .
McLOUGHLIN— GUILTY .*— Six Months' Hard Labour.
WALKER also PLEDED GUILTY to another indictment for stealing a cash-box and 28l. of Percy Hernon and another. There were five other indictments against the prisoner Walker.—WALKER— Fifteen Months' Hard Labour. WILLIAMS— Nine Months' Hard Labour.
For Cases tried in Third Court, Wednesday, see Kent Cases.
OLD COURT.—Thursday, November 25th, 1886.
Before Mr. Justice Wills.
MR. SYMES. for the prosecution, offered no evidence, the Grand Jury having ignored the bill.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. CORRIE GRANT defended Harding.
NOT GUILTY .
There was another indictment against the prisoners for a like offence on 13th September, also an indictment against Carter for a robbery with violence on the said Sarah Ann King and stealing 17 s. Upon these charges no evidence was offered.
NOT GUILTY .
ALFRED ARTHUR BUTCHER . I am a commission agent, of 31, Senior Street, Harrow Road—on 19th November, between 9 and 9.30, I was in the Golden Cross bar at Charing Cross—I did not see the prisoner come in—the first thing that drew my attention to him was his placing a cartridge on the counter; he did not say anything when he did so—I said I thought it a strange thing to put on the counter of a public-house, and I said "I think it is a revolver cartridge"—I was standing about a yard away from him—he said "That would be enough to kill you"—I turned my head towards him, and saw something bright; he pulled it like from his pocket—I drew back; just drew my head on one side—I saw the revolver in his hand; he pointed it at me, and it went "bang," and I heard a bottle smash at the back of me—the prisoner was very drunk.
Cross-examined. The bar curves very slightly—the prisoner had on a great heavy Ulster; he had asked for drink, but was refused—I had never seen him before—I was not struck—directly he put up the revolver it went off—the bottle that was broken was about two yards from my head; to the left of me—the prisoner made no attempt to fire the other chambers of the revolver; he went quietly to the station—I did not feel the bullet whistle by me—I had a headache.
JOSEPH WISE . I am barman at the Shades of the Golden Cross—I was at the bar when the prisoner came in—he called for something to drink—the manager refused to serve him—he placed a cartridge on the counter—the prosecutor picked it up, and said "I think that will fit a pistol"—a gentleman said "I think it is too large for a Colt's revolver"—the prisoner said to the prosecutor "It is large enough to kill you"—he then stepped back half-way down the partition, drew a revolver from his right-hand coat pocket, and fired—he was pointing it at the prosecutor, who was standing against the counter; if he had not moved back I believe it
would have hit him; it struck a bottle behind the counter—the prisoner was standing about a yard back from the counter, and about three yards from the bottle, and about a yard from the prosecutor—the bottle was about a foot to the prosecutor's right.
Cross-examined. The prosecutor had his face sideways to the bottle at the time the shot was fired.
GEORGE HOOKER . I am manager to the Golden Cross Shades—I saw the prisoner come into the bar; I refused to serve him—I then walked away to another part of the bar, while there I heard a report; I turned round and went towards the prisoner—he was then in the hands of the prosecutor and a constable—I afterwards saw the broken bottle; it had been standing on a shelf just above the counter—the shelf was over six feet high—I picked up a flattened bullet immediately under the shelf, and gave it to the inspector—this is it.
Cross-examined. The prisoner was very much too drunk for me to serve him.
JOHN SWAREY (Policeman E 462). I went to the Golden Cross on hearing the report of firearms—I saw the prisoner in the bar; he had his hand in his pocket—I held his arms—the prosecutor assisted me, and I took from his right-hand pocket this revolver—it had six chambers; one was discharged, the other five were loaded—the prosecutor said the prisoner had attempted to shoot him—I took him to the station; he was drunk.
JAMES HAYNES (Police Inspector E). I was at the police-station when the prisoner was brought in; I took the charge and read it over to him—he said "I can assure you I did not fire"—he was drunk at the time.
Cross-examined. He did not say "I did not fire intentionally," his words were "I assure you I did not fire"—this is not an easy trigger to move, I should call it rather hard.
NOT GUILTY .
There was another indictment against the prisoner for assaulting the same person, upon which no evidence was offered.
NOT GUILTY .
NEW COURT.—Wednesday, November 24th, and
THIRD COURT.—Thursday, November 25th, 1886.
Before Mr. Common Serjeant.
MR. COOKE. Prosecuted.
JOHN BECK . I am waiter at a cook's shop, 19 and 20, Aldgate—on 19th October, between 8 and 9 p.m., the prisoner came in and had some tea and paid for it—he then asked if I wanted change for a half-crown—I said "Yes, if you have got it"—he gave me a shilling, a sixpence, and a shillings worth' of coppers, which I put in a bag I carry at my side, which only contained four florins, and gave him a half-crown—as soon as he went outside I found the shilling was bad—I put it in my trousers pocket separate from other money, and on the 20th gave it to a constable—this is it (produced).
sausage and bread in a bag, which came to 2d.; he gave me a florin—my governor said "Look at the money"—I did so, tried it with my teeth, and broke it, and a constable was sent for.
JOSEPH NANA . I keep this cook's shop—on 20th October the prisoner came in and had a sausage and bread, and Matzoni put a florin between his teeth and broke it, and then showed it to me—it was bad and I gave the prisoner in charge—he said nothing.
EDWARD MARRIOTT (City Policeman 913). I was called, and Mr. Nana said, "I will have this man locked up for passing this two-shilling bit; last Saturday he passed a bad shilling to one of my chaps"—I asked the prisoner what he had to say—he said "I carried a gentleman's parcel this morning, and he gave me that; I was not near the place on Saturday"—I took him to the station, and found on him a good shilling and four good sixpences, which he said belonged to his sister—the inspector asked him where he lived—he said "In a turning out of Kingsland Road; I don't know the name of the street, it is the first turning on the left past Essex Street, going from Shoreditch Church, and the number is No. 6."—that is Fleming Street—he gave the name Harry Davis—I received this florin and shilling from Mr. Nana.
Witnesses for the Defence.
THOMAS DEVENISH . I am the prisoner's father, and live at 151, Shepperton Road, Islington; he lives with me—on 16th October, about 5.3, he and his brother left home to go to the theatre—they did not tell me, but they they generally go to the Britannia—they returned about midnight or a little later—I am a packing-case maker.
ALFRED DEVENISH . I work for my father, and live with him—on October 16th the prisoner and I left home about 5.30 or 5.40, and went to the Britannia Theatre, which is a quarter of an hour or twenty minutes' walk from our place—we got there about 6.5, and left at 11.40.
Cross-examined. I am a painter—my father asked me on the 20th if I could remember what took place on the 16th—I was not at the police-court, because I went to get some work for my father, and got blocked going home with the barrow, or I should have been there—I do not go to the Britannia very often, but that is the theatre I generally go to—I cannot tell you where I was on October 9th, the previous Saturday—no one was with me but my brother, nor did we meet anyone we knew—the pit door opens at 6 o'clock, and the price is 6d.—I stayed in the pit from 6 30 to 12, and my brother was with me the whole time.
GUILTY of the second uttering .—Strongly recommended to mercy by the Jury on account of his youth.— Judgment respited.
The COURT highly commended the conduct of the officer Drew.
The prisoner having stated that he wished to withdraw his plea of not guilty, the Jury found him
GUILTY * (There were two other indictments against the prisoner.)— Twenty Months' Hard Labour.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
FREDERICK WILLIAM BRETT . I am manager to Messrs. Hill and Son, bakers, of 3, Albert Mansions, Victoria Street—prior to Christmas last I had acustomer on my books named Tasker Toler—on 30th December the prisoner Bryant brought this letter containing a cheque for 4l.; at that time Toler owed me 3s. 6d. for goods supplied. (This was from Toler, and stated that he enclosed a cheque for 4l. and asked that the 3s. 6d., should be taken from it and the change handed to the bearer.) I believed the cheque was right and handed Bryant 3l. 16s. 6d.—the cheque passed through the bankers and was returned marked "N. E."—it was drawn on the District Bank of London—I enclosed it in a letter addressed to Toler and received this letter from him enclosing another cheque for 4l. upon the same bank, dated January 1st. (This stated that he enclosed another cheque for 4l. in lieu of the one which has not been paid, and that he had overdrawn his account but would take care this one was paid.) It was passed through our bankers and returned dishonoured—I communicated that fact to Toler and wrote to him repeatedly in respect of it; these five letters are some of the communications—a third cheque came, dated 26th January, for our presentation, upon the same bank—I presented it personally and it was returned to me dishonoured; one of the letters requested me to present it personally—I have not received a penny on the 4l. cheque; I believed it to be a good one when I received it.
Cross-examined by Toler. I expect the letter was addressed to the firm, it was inside—I never received a letter from you personally, but I can't swear whether I wrote one to you—I got three cheques from you altogether; I can't say whether they were crossed or open—the first cheque was returned to you, that I swear; I have not the letter book here, that would show it—the last one was post dated—we are filing County Court proceedings against you; I should think we proceeded against you on the last cheque, not the first—I gave the solicitors the cheques and instructed them to proceed against you civilly—Detective Cousins called on me, but he did not use all the influence he could to make us join in the prosecution against you—he said nothing to influence us—he asked if we had had any transactions with a man named Tasker Toler—he found our name by the books at your house—I did not write to you personally and sign "Frederick William Brett."
Re-examined. The proceedings at the County Court resulted in nothing.
JOHN POWELL (Policeman A 871). I formerly lived at 60, Sussex Street, Pimlico—Toler lodged there up to September last year, and then left—he told me he was a wholesale provision merchant in Bartholomew Close—on 3rd January Toler came to me with this cheque and asked me to cash it. (This was on the District Bank, and dated 2nd January. Payable to self or order, 3l. T. Tasker Toler.) He asked me if I would kindly cash It for him, and I went to a public-house and got it cashed and gave him the 3j. and he went away—shortly afterwards the publican sent for me
and I found he had got the cheque back marked "No effects," and I had to give him the money back and bear the loss—I then saw Toler in his rooms and handed the cheque to him—he said he would make it all right and would go and see the man who had cashed it for me, as he thought there was a mistake, there was money at the bank and it ought to have been marked "Not sufficient"—I have never been able to get the money, and I have had to part with it out of my earnings—I did it to oblige him, as I thought he was an honest man, and I believed it was a genuine cheque and that there was money to meet it.
Cross-examined by Toler. I an not the landlord of the house; I was in charge of it—Mrs. Powell was the housekeeper—it was not any representations you made at that time that made me cash it—you had been living there 10 or 11 months—you have given me cheques before to cash and they have been all right—you represented that you were a person of note—I got the cheque cashed on the representations you made to me that you were worth money—Mrs. Powell gave me the cheque and I went to the publican's and got it cashed—I did not buy the cheque from him; I gave him the money because I was threatened with a prosecution, and he gave me the cheque back and I am the holder of it—it was crossed.
Re-examined. I believed this was a genuine cheque, and that I should get the money when I went to the bank.
By MR. POLAND. When I gave the change for the first cheque I thought it was genuine, and that it would be paid through the bankers, but having had it returned I thought the last one was not likely to be paid.
WILLIAM GARDINER . I am a grocer, at 25, Gillingham Street, Pimlico—in April, 1885, I became acquainted with Toler, who sold me small quantities of butter; he said he was a wholesale provision merchant, at 50, Bartholomew Close, and that the butter came from Castlereagh—I dealt with him till September, 1885, paying him from time to time as I had the goods—the next time I saw him was 19th December, 1885, when he came with Bryant, whom he introduced as a traveler for Stubbs's Agency, and recommended as a straightforward man whom he had known for six or seven years—I agreed to subscribe 10s. 6d. to Stubbs's newspaper, and I afterwards received a receipt from Stubbs—on 5th January, 1886, Toler called and purchased grocery to the amount of 6s. 6d., and in payment he wrote this cheque in my presence. (For 2l. 10s., dated 6th January, 1886, on the District Bank of London, and signed T. Tasker Toler.) I told him I had not got sufficient change, but he called again in the evening, and I then gave him 10s., and the balance, 1l. 14s., I gave to Bryant, who called next morning and brought this letter as authority to receive the money. (This was dated, 60, Sussex Street, and requested him to hand the balance to Bryant.) I paid the cheque into my bank, the London and County, and it was returned marked "No effects "—almost as soon as that occurred, Bryant came to see me—I told him the cheque had been returned, and that there was nothing to meet it, and that I was going to apply to a Magistrate about it—Bryant said, "Oh, don't do that, I will go and fetch Toler"—within three quarters of an hour they both came back together—I said "This is a swindle—they said "It seems like it"—then they talked me over in a soft-soapy
way, saying "It is all right, don't go to the Magistrate, we don't want you to do that, we will pay you; leave it a day or two"—I did so, and made several applications, but never got my money—a suggestion was made that I should receive goods, but I said I did not want them, I wanted my money—Bryant kept on calling from time to time—about the end of January I asked him where Toler was, he said he was somewhere about; and he said, "We have got some tea for you, you can hold it as security till we pay you"—I sent to Sussex Street for it—he brought back a chest of small packets of tea, which is lying at my place un-opened—I have written to Harrison and Co., from whom it came, and in consequence of what they said I have not opened it—I did not see Toler again till he was in custody—Bryant used frequently to come about Stubbs—about 22nd or 23rd February he asked me if I had any business for Stubbs, I said yes, and gave him 12s., with reference to Stubbs in connection with Beddingfield, a debtor of mine—Bryant said "I will take it for you"—he took it and also some letters I had received from Stubbs's solicitors in reference to the amount—I got no receipt for that—about fourteen days afterwards Bryant called again, and I paid him 13s. for Stubbs in the matter of Frost and Davis—I received a letter from Stubbs asking me to pay it—I afterwards heard from Stubbs—when I parted with the money for this cheque, 2l. 10s., I believed it was a genuine one, and when I parted with the 12s. and 13s. I believed Bryant was authorised to receive it.
Cross-examined by Toler. I knew you about nine months before December, 1885—I am not aware that you had transactions with me two years ago; you sold me no cheese then—I subscribed to Stubbs before this—you introduced Bryant to me on 19th December—I parted with the 12s. and 13s. to him through your recommending him to me as an honest, trustworthy man—you said he was not so well educated as you were, but very honest—Bryant contracted a debt of 3l. 16s. 9d. by your recommendation—I did not see Cousens till I had applied to the Treasury—I attended at Westminster on each of the times that you were remanded—you were finally discharged because Bryant was at large—the Magistrate did not discharge you and Bryant for this very thing—the charge was dismissed until Bryant was arrested—I found out about Harrison and Co., Cousens did not prompt me—the tea has never been paid for—it was in the Press, and they wrote to me, and I wrote and told them how I had been served, and they replied in the same manner—I did not swear at Westminster I had my doubts about the cheque—I took up the case on public grounds.
Cross-examined by Bryant. I swear Toler recommended you on December 19, 1885, when I joined Stubbs's, and gave you the money for them.
HENRY OLNEY . I am in the employment of Messrs. Stubbs, mercantile agents, of 42, Gresham Street, known as the Trade Auxiliary Company, Limited—on 14th December, 1885, Bryant entered their service, giving as one of his references the prisoner Toler. (Toler's reply to a letter asking for information was read. It stated he had known Bryant for fifteen years, and had always considered him as a persevering and pushing man of business, and that for collecting subscribers or anything akin to it he had few equals.) On 22nd February he was not in our service, having been discharged
—he did not account for the sums of 12s. and 13s. received from Gardiner.
Cross-examined by Toler. I knew nothing of you previous to this letter—I did not know that you had an office similar to ours—I did not hear of your receiving any money from subscribers.
Cross-examined by Bryant. You handed over 27s. about 18th December in favour of Gardner—I suppose he would have a receipt for that in the ordinary way.
JAMES AUSTIN . I am a tobacconist and newsagent—in November last Toler owed me an account for newspapers, and brought me this cheque—I gave him 1l. 6s. 6d., the difference between it and what he owed me—within a day or two the cheque was returned marked "no effects"—I went to Toler at 60, Sussex Street—I said to him "The cheque has been returned to me"—he said he could not understand that, as there ought to have been money there to meet it, and he expected money would have been paid into the bank to meet it—he afterwards gave me another cheque for the same amount, which I presented—it was returned to me marked "N. S."—I have never received the 1s. 6s. 6d.—when Toler gave me the first cheque and I gave him the difference I believed it was a genuine one—Toler introduced Bryant to me on one occasion—he asked me to cash a cheque for him—I did not do so—the cheque was drawn on the Capital and Counties Bank I believe.
Cross-examined by Toler. I have had other transactions with you, during a short time, and you have paid me—I sued you in the County Court—I cannot say that I then contemplated these proceedings—I have done this voluntarily—I have met Cousens on several occasions—he did not advise me to come here, and has not influenced me in any way—I did not know him personally before this case—I saw you were up at Westminster and came forward of my own accord.
Re-examined. I got judgment against the prisoner; he was to pay me 10s. a month—I did not get anything.
JOHN BOND . I keep the Foresters' Arms, 220, Vauxhall Bridge Road—on 11th February Toler and Bryant came to me—I had known Bryant as a customer and I may have seen Toler before; I am not certain—after some conversation on 11th February Bryant produced a cheque for 6l. 2s. 6d., drawn in favour of E. B. Parker, and signed Kemp—I afterwards returned the cheque to Bryant, who gave me this receipt for it, and I gave Bryant 6l. 2s. 6d. cash for it—both prisoners were present—I expressed hesitation about cashing it, and Toler said he knew the drawer of the cheque, and it was right, I need not fear—I tendered it at my bankers, but the endorsement was with an initial only, instead of a full Christian name—I pointed that out to Bryant; he hesitated, but Toler wrote a fresh endorsement—it was not in Toler's name; I forget the name—I had given Bryant the cash previously—I paid the cheque in on the Saturday, and on the Wednesday it was returned marked "No acct."—the day before it was returned Bryant called and gave me this cheque for 3l. 13s. 6d., which was post-dated 17th February, drawn on the District Bank of London in favour of self or order, and signed T. Tasker Toler; it was endorsed by Toler, Bryant, and myself—I gave Bryant 3l. 13s. 6d.—on the next day, the 17th, the first cheque came back to me, and that same evening or the next day Bryant called—I told him the first cheque had been returned dishonoured—he said "If you will
let me have this cheque I will take it to Kemp; I think it is Chancery Lane, and I will either bring you a fresh cheque or the money," and that he was quite sure they were right—he pretended that it was a mystery to him why it had come back—I gave him the cheque and he gave me this receipt—on the 19th the second cheque which I had paid in came back—I saw Bryant afterwards, and he told me I need not trouble, it would be all right, and that he would endeavour to get the money—when I cashed the first cheque I believed it was genuine, and when I took the second I believed the first had passed through all right.
Cross-examined by Toler. Bryant introduced you to me; you were never in my house before to my knowledge—I did not know but what you were a genuine man—Bryant offered to sell me coals, and an iron safe, and soon—I might have parted with the money to Bryant on his own responsibility if you had not been with him—the cheque was first returned because the endorsement was not right, and when you called two or three days afterwards you wrote a name which was sufficient for the bank to cash the cheque—I did not know Gardiner before this case; I am intimate with him now—I was at Westminster when he prosecuted you, a good many times—I had a warrant out for Bryant, who had disappeared; not for you then—the case against you was dismissed—you told me outside the Court I need not fear, I should have the money—I did not, and I joined in the prosecution as soon as possible—the 3l. 13s. 6d. cheque was post-dated; you were not there, I think, when it was presented—I understood Bryant had taken the 6l. 2s. 6d. cheque from Gilbert Kemp, and went to him for the money or a fresh cheque to bring to me, and in the evening Kemp came to me saying he was not able to let me have the money then, but that some was coming to him very soon, and would I hold some parchments and leases he had in his bag till the money was paid—I said "I don't want to have anything to do with the papers; if you are a genuine man in an honest business, living and carrying on business at such a place, I will take your word till the money comes to me to-morrow"—I did not see or examine the papers—I had great doubts then—I did not know that Bryant did not know the drawer of the cheque, nor that you had given Bryant the cheque, nor that when you heard it was not paid you took Bryant to the drawer—I afterwards saw Kemp at Westminster—he said he had paid Bryant the money, but I would have nothing to say to him.
Cross-examined by Bryant. I gave you the receipt on the condition that you brought me a fresh cheque or the money, which you said you would do as soon as possible—I looked to you for the money—I said I would have nothing to do with Kemp's deeds.
Re-examined. After Bryant knew the cheque was returned he brought Kemp to me with a bag of papers, which, so far as I knew, were worth nothing to me; I did not want to investigate them—he afterwards told me he had paid Bryant the money.
ARTHUR BENNETT . I am a cashier at the London and South-Western Bank, Camberwell Branch—I produce a copy of James Kemp's account, which I have examined with the books; it is correct—the account was opened in 1876, and closed on December 31st, 1883, because of irregularities, having to return cheques and that kind of thing—I find in this returned-cheque book the entry of "15th February, 1886, cheque presented
I drawn by J, Kemp for 6l. 2s. 6d. in Palmer's favour"—I have made out I this copy of the cheque from that entry.
Cross-examined by Toler. I will swear it was Kemp's cheque—we have no account in Palmer's name, and I never heard of there being one.
ELIJAH CASTLE . I am an oil and colour merchant, of 112, Acre Lane, Brixton—Monsieur Alfred Crepand, a customer, brought me this cheque for 3l. 3s., which is signed T. Tasker Toler, crossed "and Co.," and endorsed with my name and that of the payee—I gave him three guineas for it—I paid it to a business house and received it back marked "N. S."—before I paid away that first one Crepand came and offered me a second cheque for 2l. 5s., drawn by Toler, and I gave him the money for it—I did not seeeither of the prisoners—I have not received the money from Crepand or either of the prisoners.
Cross-examined by Toler. You were unknown to me till I saw you at Westminster—the cheques are dated 26th and 30th September—I knew Crepand pretty well as a customer; he had a short time previously given me a cheque of yours which had been paid—both these were returned marked "N. S."—I think only one was post-dated—I think I kept them about 10 days after they arrived at maturity—I am not aware that there was money to meet them when they arrived at maturity—Crepand gave me your address—I believe my solicitor wrote to you—I did not apply to you, I left it to him; they were unable to find you—Cousens called on me after I had made an offer to assist in the prosecution, not before.
WALTER KEEN . I am a clerk in the principal office of the District Bank of London, 49, Oxford Street—I produce a copy of the account of Thomas Tasker Toler, which was opened on 15th September, 1885, with 6l., and closed on 12th February, 1886—on 6th January he was 6s. 9d. overdrawn—on 21st January 1l. was paid in; nothing has been paid in since—on 28th January 12s. 6d. was drawn out, leaving a balance of 9d., which was returned to him on 12th February with a notice that the account was closed on account of irregularities, so many returned cheques—the total paid in altogether was 28l. 5s. 3d.—the largest balance at any time was 9l. 15s. 9d. on 24th September, but during that day 8l. 10s. was drawn out—on 26th September there was 5s. 9d., and on 30th September 6d.—these cheques were presented, and marked as they appear, on account of there not being sufficient to meet them.
Cross-examined by Toler. There is no winding-up order against the bank—I came to it some years ago—you opened an account there in 1883 I believe, but it was dormant for a year or more with a debtor balance of 1s. 9d.; and on 15th September, 1885, you opened it a second time.
Re-examined. From September 15th to the time of closing the account we received thirty-two cheques, which were returned, there not being enough to meet them.
JOHN WILMOT . I am a numerical printer at 55 Bartholomew Close, and I am landlord of 52—in April, 1885, Toler took the warehouse and the basement of me there, and remained till December, 1885, but I lost sight of him before I found the place open—I found in the shop two or three empty firkin casks of butter which stunk so badly that they must have been there a long time—he never paid me any rent—he professed to trade as Tasker Toler, and Co.—that name was not written up—I live close by—no legitimate business was carried on, seriously the other way
—I could not get at him—I watched the place to find him, and at last found him in a very ragged condition, for which he apologised—he was obtaining letters the whole time.
Cross-examined by Toler. I gave no evidence at Westminster; I come here to expose you for swindling me out of my rent—I said if you would give me the keys and the possession I would let you off the rent—you have had no end of letters from me—the policeman called my attention that the basement door was undone—I did not tell you of it; I had other evidence of your character at that time—the post office authorities thought I was in the swindle with you, I suppose, and requested me to nail up the letter box; I did so—the post-office refused to deliver letters, of which there were a large number from abroad, saying it was a swindle—you offered to sell me butter cheap—I saw some in your place—I had at least three promissory notes presented at my place and dishonoured—they were from merchants abroad.
WILLIAM COUSENS (Police Sergeant B). On 25th September I took Bryant at Reading—I read the warrant to him; it was for conspiring with Toler to obtain 2l. 10s. from Gardiner with intent to defraud, and was dated 12th May—he said nothing—I said, "Did you hear what I said?"—he said, "Yes, I hear what you say"—on the way to London he said, "I was merely an agent or a manager for Toler"—on 29th September I took Toler at 60, Sussex Street, Pimlico, shortly after 10 p.m., on a warrant dated 28th September, charging him with obtaining, on or about 11th February, 2l. 10s. 6d. of John Bond by false pretences—I said, "I have a warrant now for your arrest for this case which we were investigating in the spring, I will read it to you"—he said, "You need not do that; if you take me out of this bedroom to-night you will endanger my life"—I said, "It is no good mincing matters, you will have to come"—he said, "Well, if I do I shall destroy some of these papers before I go," meaning papers that were on the table—he attempted to take up a newspaper which formed the table-cloth, with other papers on it—I prevented him, and eventually got him into the street, where I read the warrant to him under a lamp-post—he said, "I don't know what you mean; I don't know where Mr. Bond's house is; in fact, all these cases against me have been dismissed"—going along the road he said, "It was Bryant whom I met in Vauxhall Road; he took me into Mr. Bond's, the Foresters' Arms, and it was he who introduced me to Mr. Bond"—I said, "No doubt there will be several other charges preferred against you"—he said, "All right, do as you like"—I had charge of this case on the previous occasion, when he was summoned at the Westminster Police-court on Mr. Gardiner's charge only—Bryant was also charged, but was not present, and could not be found, and the summons was dismissed in consequence of Bryant being at large—the matter extended from about April to June—Toler applied for an adjournment of about three weeks to bring a witness from France—the Magistrate did not dismiss the charge on account of its being the ground of a civil action.
Cross-examined by Toler. I have been in the force nearly 17 years—the packet of papers given you last night were those you attempted to destroy and some which have come to me since—the whole packet of letters related to swindles more or less—you asked me to stop in your room all night when I arrested you; I declined—you did not ask me to
do so that we might examine all the papers—I found some County Court summonses in your room—I think I have been to all your trades people; I have been to a great many besides those who are here to-day—I went to Stewart, of Newgate Street, whom you cheated out of a bedstead; to a milk-shop in the Vauxhall Bridge Road, where you obtained provisions which you never paid for—you paid no rent since February at the place you resided at, 60, Sussex Street—I have had complaints from Ireland and Copenhagen, where you obtained a lot of butter—I knew Austin as a tradesman, and Powell—Castle came to see me at the police-court; I did not influence him at all—there were six remands at Westminster, I should think, at the outside—it was adjourned once or twice at your request, and about four times at mine—you were discharged on the evidence of Longman, who was acquitted this session of uttering counterfeit coin, and because we could not find Bryant—the Magistrate dismissed the summons, and gave you to understand that if we could find Bryant you would be proceeded against—Bryant was never there, he had absconded—I kept the warrant in my pocket, and arrested him after he was discharged from Reading—I served him with a notice in Newgate to produce certain documents.
Cross-examined by Bryant. You told the Magistrate at Westminster Police-court that I was present at Reading when you were tried, and that I informed the Lord Chief Justice of all these cases, and I said it was false, for I was not at Reading—I did not know where you were; we were looking for you at the time.
Re-examined. I did not give the Judge at Reading information when Bryant was convicted there—I first knew he was there when I heard he was undergoing sentence for fraud committed at Maidenhead—Bryant never appeared at Westminster.
By Toler. I cashed the cheque two months after I bought it; I thought it was a dubious one.
Toler, in his defence, reviewed the evidence at great length, and asserted that he had not obtained anything by fraud, and that Bryant was merely his agent and not a conspirator. Bryant stated that he had merely acted as messenger for Toler.
----ILOTT (Constable, Maidenhead). I was present when Bryant was tried before the Lord Chief Justice for obtaining money from a Maidenhead baker—he had three months—it had nothing to do with this—the Lord Chief Justice said he gave him a short sentence as he saw there were other cases against him.
TOLER— GUILTY on the first, second, third, sixth, and twelfth Counts.
BRYANT— GUILTY on the third, fourth, fifth, and twelfth Counts. They then
PLEADED GUILTY* to previous convictions, Toler in April, 1879, and Bryant in July, 1885.— Five Years' Penal Servitude each.
NEW COURT.—Thursday, November 25th, 1886.
Before Mr. Recorder.
MESSRS. MEAD and GOODRICH Prosecuted; MR. FULTON appeared for Kalnoky; and MR. ADDISON, Q.C., for Zand.
No evidence was offered against
STORM.— NOT GUILTY .
EDWARD HENRY (Interpreted). I keep the International Hotel, Coventry Street—on 14th September the two prisoners came there and took one room; they stayed till the 20th, and then paid me and left—during that time they were visited by Miss Storm at my hotel—the prisoner Kalnoky was not staying there on 1st June.
CHARLOTTE CUYPENS STORM I am of Dutch birth—in September I was in this country anxious to get employment—I understand French and English—I saw this advertisement in the Daily Telegraph: "Young person wanted understanding French and English and knowing London. Apply between 4 and 5. A. R., 9, Arundel Street, W."—I went on the same day and found it to be the International Hotel—I waited until other applicants had been seen, and then I was introduced to the two prisoners—Zand asked me if I knew English; the conversation was in French, and occasionally they spoke in Russian between themselves—Zand told me he had come to London with his friend to start a business, but he did not know English, and it was very difficult, and he wanted someone to act as interpreter and do English correspondence—I was engaged at 2l. 10s.; a month—Zand raised an objection to that amount at first, and spoke to Kalnoky, and then he turned to me again and said "You can have it"—it was arranged I should begin work next day—when I got there they told me it would be necessary for the business to have an office in the City, and I was to go and look for offices and interpret for them, but we only saw one—I then saw an advertisement of a furnished house, and went to Brixton and saw Mrs. Brittan, at 3, Tralawney Road, and it was arranged to take that house for four weeks at 6l.—Kalnoky gave the money to Zand, but I don't remember whether Zand gave it to Mrs. Brittan—they then proposed that I should take up my abode with them, but I objected unless there was some female servant, and I asked Mrs. Brittan to obtain the services of a respectable old servant, and took up my quarters there on the Monday—on Tuesday, 20th September, we went to Messrs. Waterlow's, and found a gentleman in the shop who could speak French, and Zand spoke to him; Kalnoky remained in the cab—we then went to Copperfield and Masson's, printers, of Newgate Street—Zand went in with me and asked Mr. Burgess if he could print circulars in French; he objected, but finally he said he would provided the proofs were corrected—Zand went outside and came back with Kalnoky, and then 1l. deposit was paid—they told me they had to write the manuscript—this (produced) is Zand's writing—they took the manuscript to the printers themselves, and the printers sent the proofs, and the prisoners asked me to write a letter to the printers, which I did—on 22nd or 23rd, while I was out, Zand went away to Paris; he said he was going to fetch his wife and children—on Thursday, 7th October, I called at the printers and saw the circulars, and called again with Kalnoky on the 23rd to fetch them—this (produced) is one of them—we took them to the General Post Office Poste Restante—he had about fifty envelopes in his pocket ready addressed and stamped—I had addressed about six of them—a
great many letters had arrived at Brixton before this addressed "Soulk and Co."—he opened the envelopes and I put the circulars inside—the printers asked me how many we required, so I turned to Zand, and he said 1,000, and if the business was successful 5,000—I and Kalnoky resided at Brixton until the end of the tenancy, and then he left for Paris, and I went to live at 6, Huntingdon Street, Barnsbury—Kalnoky told me to go to the lodgings and get the letters re addressed from Brixton to Barnsbury—he returned from Paris on 4th November, and he had no apartments, so I said "Leave your portmanteau in my room and get apartments and then send for it"—I then went out a few yards from the house and was arrested—during the time I lived there no one of the name of Soulk lived there—I was not allowed to see the proofs.
Cross-examined by MR. ADDISON. When the circulars were being printed Zand did not tell me about the system of getting money—I never saw Zand again after he went away—during the time I was with them they always treated me like perfect gentlemen, and I trusted them; that was the impression I got from their conduct and way of life—I don't know how many applied for this place, there were three waiting when I arrived, and two were speaking with them at the time, that is five—I thought something had happened with them when Zand left, I felt there was something wrong—he told me a long while afterwards that he had had a letter, and that his best friend, Zand, who he had known for five years, had also turned his back on him—I never sent any letters to Zand in Paris, but they corresponded.
Re-examined. I think they corresponded together for about a fortnight after 18th September, and then he complained that Zand had turned his back upon him, and that he had no money left.
SARAH BRADY . I was servant at 3, Trelawney Road, when the prisoners were the tenants at Mrs. Brittan's house—I never saw a Mr. Soulk, but a number of letters came in that name, and I left them on the breakfast-table.
JOSEPH BURGESS I am manager of Copperfield and Masson's, printers, of Newgate Street—I executed an order for Soulk and Co., but after seeing the circular I communicated with the police—this is the manuscript (produced) which I received from Zand; he came with Kalnoky and gave me instructions by signs what to do—this is the first proof, the name of May, Grove Road, West Hampstead, is on it; and this is the second proof, May, Grove Road, has been altered to 175, Station Road—I received the instructions from Miss Storm, but I received the order later on—I received several post-cards, which I can produce if necessary—I printed 200 circulars and received 1l. 15s.
ROBERT CHILD (City Detective). On 4th November I was with Egan and saw Kalnoky and Miss Storm leave 6, Huntingdon Street, Barnsbury; I read the warrant to her, and she said "I have nothing to fear, I can clear myself; I was servant to them, and I can explain everything"—she said going along that she got acquainted with these people through
an advertisement—I asked her to interpret the warrant to Kalnoky, she did so, and he asked me through her what was the charge; I told him conspiracy to defraud, and took him to the station and searched him, and found on him 10 sovereigns, a little silver, and a loaded revolver—I then went to Storm's room, searched, and found this manuscript produced, and 150 of the circulars, and about 60 letters and post-cards from France and Belgium, addressed to Soulk and Co., 3, Trelawney Road, asking for particulars as to the advertisements in the French and Belgium newspapers—I have purchased the French and Belgian newspapers of 23rd, 24th, and 25th September, referred to in these letters, and the French Figaro of September 23rd, 24th, and 25th—there are similar advertisements in the Belgian papers—I found the corrected proofs which have been produced by Mr. Burgess—on 11th November Zand was brought to the police-office, Old Jewry, and Maloney interpreted the warrant to him at my request; he then expressed a wish to make a statement, and after I had cautioned him that what he said would be given in evidence against him, he made this statement, which I took down. (This gave a long account of his acquaintance with Kalnoky.) I found this receipt for 20 francs in Kalnoky's portmanteau—since this prosecution has been set on foot I have received a letter addressed Soulk and Co.; it arrived to-day from the Brixton post-office—it contained 4l. from Comte Lascelles of Marseilles—amongst the cards and letters from abroad was one which had come from that gentleman asking for a prospectus to be sent—I have been to Hampstead and have looked through the post-office directory but have failed to find Station Road; there is no Station Road at West Hampstead.
Cross-examined by MR. FULTON. When I took Kalnoky he spoke to Miss Storm, and she said, "He wants to know what the charge is"—he then asked where we were going, and he was told to the police-station—as he was going along he asked me if any one had complained.
WILLIAM GRAY . I am Inspector of the Dumbarton Constabulary, stationed at Alexandria, which is about a mile from Balak—there are about 27 houses there, and I am familiar with the persons living there—no one named M. Welk was living there on May 8 nor at any other time that I can discover—I searched the registers of the hotels there.
Cross-examined by MR. ADDISON. I don't know how many people there are there—I have been in the police-force 19 years—I don't know how many persons in Balak use Beecham's pills or Pears' soap—I never looked into any of the testimonials of those articles.
KALNOKI— GUILTY .— Three Months' Hard Labour.
ZAND— GUILTY of conspiracy only. — Four Days' Imprisonment.
OLD COURT.—Friday, November 26th, 1886.
Before Mr. Justice Wills.
MR. POYNTER Prosecuted; MR. GILL. Defended.
occurred—I assisted in making this plan (produced); it is accurate—on 18th October I attended the inquest and took the prisoner into custody; he said nothing.
CHARLES LUFFKINS . I live at 79, Beak Street, St. James's—I am superintendent of the road sweepers employed by St. James's Vestry—on Saturday night or Sunday morning, 26th September, about a quarter past one, I was in Regent Street superintending the sweeping and removal of the dirt, near Argyll Place—I was conversing with Mr. Culverhouse, who contracts for the removal—I saw a brougham approaching me very rapidly on the near side of the road from Oxford Circus; the driver was beating the horse—as he passed me I saw him rise, and by the play of his arm he was still flogging the horse—I did not witness the accident; the sweepers were out of my sight, but I knew where they would be, and I ran, keeping the brougham in view, until I heard screams and a great shouting, and then something seemed to impede my view, and on coming near Glasshouse Street, where I stopped running, I saw a number of cabs and the brougham—I then went back and saw Preedy lying prostrate in the road, partially supported by two of the sweepers—he was a very aged man, I should say over 70—he was quite insensible, and appeared to me to be dead; there was some blood across his forehead—it was a dry, clear night, no fog; there were gas lamps—there is a refuge for foot passengers near where I first saw the brougham, but not near where Preedy was lying—there were two street sweeping machines some distance ahead, by Swan and Edgar's.
Cross-examined. The brougham passed the refuge on its proper side—the road was quite clear of traffic just at that spot—the brougham was driving close to the kerb, in its proper position—it is wood pavement—Regent Street is very much out of condition at that end, there are holes in the pavement; the channels are of very broad iron, about 18 inches wide—the St. James's Vestry look after the street; the road was not muddy, it was very dry—I know by the number of carts it was dry sweepings that were being taken up—Preedy was very deaf and very stout, but active for his age—I was not walking down the street with Mr. Culverhouse; we were standing talking—I left him and ran.
WILLIAM COLLINS . I am a sweeper employed by St. James's Vestry—on this Sunday morning I was among the sweepers in Regent Street, there were about seven or eight at our end—we were going down Regent Street on the left hand side with our backs towards the traffic—some were in the channel; I was in the road, four or five feet from the channel—Beale was in front of me and Preedy farther in front—Smith was behind me, right in the channel—I heard one of our men sing out "Look up"—I then turned to my left and saw a brougham coming along very fast, I should say from 12 to 13 miles an hour in my estimate—a moment afterwards Smith was knocked down; this was about seven or eight yards from Beak Street going down towards Piccadilly Circus—I escaped by jumping back farther into the road—I then saw the horse strike Preedy in the back; he had his broom in his right hand, and he like staggered forward—he seemed to be slightly recovering when the horse struck him again and he fell, and the horse trampled upon him and the brougham went over him—I called out "Stop, stop; "the driver went on, he urged the horse, he stood up on his legs and whipped the horse,
and went away as fast as he could—I ran after him crying "Stop," and Beale was in front of me halloing—it was stopped before I got up.
Cross-examined. This happened a few yards from Beak Street—any one walking out of Beak Street would have seen pretty well the whole thing—the driver did not flog the horse all the way till he was stopped—I dare say he hit the horse six or seven times with the whip; it was galloping—it was over 30 yards from where the accident happened to where the brougham was stopped—I can't say that he was standing up all the way, he got in advance of me—I have not seen the brougham here in the Court yard—I did not see it stopped, it was stopped before I got to Glasshouse Street—the first thing I heard was "Look up;" that was from Young—I did not hear the driver call; I heard nothing approach—when I turned the brougham was just on the point of striking Smith; it was between me and Smith—I was between Smith and Preedy, farther out in the middle of the road—I saw the horse strike Smith in the back—the first time it struck Preedy about the shoulder and the second time about the saddle—the driver did not try to stop the horse—I did not see it struck with a broom—I said Beale threw his broom down on the ground and ran after the brougham—Smith and Preedy had their backs to the brougham; neither of them turned—Smith's broom went on the pavement, Preedy's broom went down with him—Preedy was rather deaf—I did not see the horse rear; it galloped away—I said before the Magistrate "the horse did not rear up until the prisoner hit Him"—the wood pavement was not wet; it was pretty dry, a fine night—there were a number of Hansom cabs passing farther up.
Re-examined. I had not time to notice the pace of the horse before Smith was struck.
JOHN SMITH . I am one of the sweepers-employed by the parish of St. James—on this Sunday morning I was employed with the other sweepers in Regent Street; I was in the channel heaping up the dust for the carts to take—it was not very dry nor yet very wet; there had been a little sprinkling of rain for about ten minutes—Preedy was working between me and the channel, about six or eight yards before me—I got knocked down and ripped up the back, and then chucked on the pavement—I do not recollect any more for some time—I felt the effects of it very much for a fortnight, and I sometimes feel it now.
Cross-examined. Preedy was rather deaf, more so than me—I did not hit the horse with my broom, and I don't think any one else had a chance of doing so—I don't know what became of my broom.
WILLIAM BEALE I was one of the sweepers; I was about the third man from the channel in front of Preedy—I saw a one-horse brougham coming I should say between thirteen and fourteen miles an hour—I did not observe the driver doing anything—the horse knocked Smith down first, and then Preedy—I chucked down my broom and ran after the brougham—before Preedy was struck there was no broom in such a position that the horse could be struck by it—I saw the brougham stopped in about 30 yards—I should say it was about 8 yards from the corner of Beak Street that Preedy was struck—I saw the carriage go over him.
Cross-examined. I saw the brougham from the time the accident happened until it was stopped—it was about 4 yards from me when I
first saw it, I was facing it—I had no time to call out—I heard nothing—I did not see the driver flog the horse at all.
JAMES ANDERSON . I am a tailor, of 60, King Street, Regent Street—I was coming along Beak Street on this Sunday morning, and heard cries of "Stop him, stop him"—I ran into Regent Street and saw a brougham; it had passed Beak Street before I got up; I ran after it, and overtook it, and seized the horse by the bridle—it could not have been going very fast, or I could not have stopped it—the prisoner was driving, and he asked me what I meant by stopping his horse—I said, "I don't know."
Cross-examined. He was not standing up and flogging the horse when I saw him, nor was he sitting down and flogging it—he had turned Beak Street when I heard the cry—I was on the south side of Beak Street before I began to run—I had no difficulty whatever in stopping the horse—the prisoner was sober when I saw him.
GEORGE JERVIS (Policeman C 33). On the morning of Sunday, 26th September, my attention was called to the deceased, and I directed his removal to the Middlesex Hospital in a Hansom—I saw the horse and brougham at the corner of Regent's Place, between Beak Street and Glasshouse Street—the prisoner was there, and I took his name and address; he made no statement.
Cross-examined. His master was there—there was no complaint made of his driving furiously—I saw the sweepers, none of them complained that he had driven furiously, if they had I should have done a little more, they said nothing to me—I was not aware the man was so seriously injured—I saw Mr. Luffkins, he did not complain of the man having driven furiously, he did not speak to me that night.
ARTHUR EDWARD NEVINS . I am one of the house surgeons at the Middlesex Hospital—Preedy was brought in there on Sunday morning—he was unable to walk, and in a semi-unconscious condition—he had received injuries from which he ultimately died on the morning of 14th October—amongst those injuries was a fracture of the skull, and some broken ribs, and a broken collar-bone, and a broken leg—there was also effusion on the brain from the crack in the skull; that would prevent him from giving any intelligible account; he was never more conscious than to ask for food and that kind of thing.
Cross-examined. He was 69 years of age, and was very deaf, we had to shout to him.
Witnesses for the Defence.
RICHARD WARNER . I am a theatrical agent—the prisoner has driven me for eight or nine months, and is thoroughly steady and sober—I never I allow him to drive me fast, if he did he wouldn't suit me again; I gave him particular orders to drive me slowly, as my health would not permit him to drive fast—during all the time he has driven me he has shown himself a careful driver—on this night I was in my brougham, and my attention was called by hearing somebody shout—at that time he was not driving more than seven or eight miles an hour at the very utmost, I do not think the horse could do more—I do not remember the brougham being stopped, he stopped it himself—I looked out of the window and said, "What is the matter?" and told him to stop—he said, "I will as soon as I can," or words to that effect—he stopped the horse within a second or two, and the horse was almost on its haunches, pulling it up so
quickly—it had been raining all the evening, and I noticed particularly that it was slippery; Regent Street is in a fearful state—it would be impossible for the prisoner to stand up on that brougham; the board is very narrow, and if he was driving fast he would lose his equilibrium—he was sitting down when I looked out—he stopped towards the lower part of Regent Street—I cannot speak as to how the accident happened—the prisoner is a hard-working, industrious young man, and supports his mother.
Cross-examined. I was inside the brougham—I could not say whether he was flogging his horse or not—Bayswater was my last halting-place before this—he had been out all the day, and the horse was naturally tired—I took the words "I will as soon as I can "to mean that the horse must have received some fright, and it being slippery he could not pull up.
By the COURT. I did not feel the carriage go over the man—I inquired about the man at the time, and told them to take him to the hospital, but they said he had already gone—I went to the hospital two or three days afterwards and inquired about him—I was not asleep, I was just lying back in the brougham—there was quite 10 minutes lost before the crowd came round and the policeman came—I do not know why the prisoner went so near the channel.
By MR. GILL. The cab belongs to a livery stable—I believe they have made ample compensation.
WILLIAM CHARLES QUINN . The prisoner is in my employment—I always found him a very steady young fellow, and he has had young horses and old horses, and drives them very well—he is a kind-hearted man to his horses, I gave him a young horse once, and he came home and stayed with him all night because it was a bit queer—this is not my brougham—it is impossible, for a man to stand up on this brougham when it is going fast.
Cross-examined. A man might raise himself from his seat and flog the I horse, but he might fall off.
GEORGE JERVIS (Re-examined). The sweeper who I spoke to was Collins—I did not speak to Smith or the other man—Smith was not taken to the hospital—I spoke to Mr. Warner, and got his name and address—that was after the man had gone to the hospital—he did not seem to be seriously injured; he could not speak.
WILLIAM COLLINS (Re-examined). A witness of the name of Brown saw the horse flogged as well as myself—I spoke to the inspector first, and told him the man had been run over and knocked down, and he told the constable to take our names and addresses—I also told the inspector that I had seen the horse driven furiously, and that the man whipped the horse.
MR. CLOKE. I represent the firm of Dewsbury, job masters—this horse and brougham belonged to that firm, and the prisoner was in our employ—I believed him to be steady and sober in every respect, and I had every confidence in his driving—this horse and brougham had been out all the day, and I don't believe the horse could do 14 miles an hour without some exertion—we have paid ample compensation to the widow, so that there is no claim of any kind pending.
Cross-examined. Our stables are at 172, York Road, near where Mr. Warner lives—we supply him with a brougham at so much per month—
on this night the prisoner took Mr. Warner home, and then brought the brougham back home.
CHARLES GOODALL (Re-examined). I have made inquiries as to the prisoner's character, and find he is a very respectable young man, and keeps his mother—his last employer bailed him out at the police-court—the brougham is in the yard, but I do not think the horse is the same; she has been laid up by a cracked heel. (The Jury here went and inspected the brougham.)
A. E. NAVINS (Re-examined). I did not think the man was seriously hurt when he came to the hospital—the continuance of the symptoms was the serious part of it—he struggled when he was brought into the surgery, so that he was conscious then—the wound was a very small one.
CHARLES LUFFKINS (Re-examined). This was not the usual time for work to be going on—it was a new order from the Vestry that we should begin at midnight; it had been going on from six weeks to two months—we have given it over now.
NOT GUILTY .
MR. BESLEY Prosecuted; MR. LADBURY Defended.
The case against the prisoner was entirely a question of bookkeeping, and the figures in question in some of the books were dictated to the defendant, and not copied by him. MR. JUSTICE WILLS suggested that it was rather a case of bad arithmetic than of fraud. The Jury concurring, found the defendant
NOT GUILTY .
MR. BELEY offered no evidence.
NOT GUILTY .
NEW COURT.—Friday, November 26th, 1886.
Before Mr. Recorder.
NOT GUILTY, and a justification that it was for the public good.
During the opening speech of MR. METCALFE, for the prosecution, the RECORDER suggested that there was no possibility of the prisoner sustaining his plea; the prisoner then undertook to apologise to the prosecutor and he with-drew his plea, and withdrew the libel and expressed his regret, upon which the Jury found him
GUILTY .— To enter into his own recognisances in 25l. to keep the peace for 12 months, and to pay the costs the Prosecution incurred by his plea of justification.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. RICHMOND Defended.
GUILTY .— Two Years Hard Labour. The RECODER and the Jury
expressed their approbation of the conduct of the police, the Grand Jury having also made a presentment to the same effect.
THIRD COURT.—Friday, November 26th, 1886.
Before Mr. Common Serjeant.
MESSRS. POLAND and MEAD Prosecuted; MESSRS. K. FRITH and RICHMOND Defended.
ALFRED JAMES BAKER . I am a clerk in the office of the Clerk of the Peace for Middlesex—I produce the original depositions in the case of the Queen against Marcus Shapira, who was committed for trial at the Middlesex Sessions—I produce the indictment which shows that a true bill was found, and that the prisoner was brought in not guilty.
DUNDAS JOHN ROBERTS WILLIAMS . I am Clerk to the Magistrate at the Thames Police-court—I produce an information laid against Marcus Shapira by Nachen Shapira—I dictated the information which I obtained directly from the prisoner to the assistant-clerk, who wrote it down, on 24th September—I am a German scholar; there was an interpreter there, but I could understand all he said—while taking it Marcus Shapira came into the office accompanied by a solicitor, who applied for a warrant against the present prisoner for threats—the prisoner and prosecutor began quarrelling directly they were together in the office—I told them to stand on one side and I finished taking the prisoner's information—when it was written I read it to him—I said, "I cannot understand what made you go down to a ship; why did not you show the coral in the street?"—he said "I don't know"—I gave him no warning then—the information was put before Mr. Lushington, who granted this warrant—Marcus Shapira was then taken into custody by the sergeant, and brought before the Magistrate, and the case was heard the same day—an interpreter was sworn and interpreted the evidence and I took down the deposition as interpreted to me; I know that what he said was a correct interpretation—after it was written I read it in English to the interpreter sentence by sentence, and he interpreted it correctly to the prisoner—the prisoner assented as it was read, and signed it in these Hebrew characters—then the present prosecutor was committed for trial on that charge—Mr. Lushington had warned the prisoner in my presence.
The deposition containing the alleged perjury was put in. The assignments were put to the prosecutor in his evidence and denied by him.
Cross-examined. At the time I spoke to him about having these things shown to him on board ship, these people were wrangling together in the German dialect—frequently when one Jew brings a charge against another I hear of a cross charge—the prisoner was the first to make a charge—I was not surprised to hear the cross-charge almost immediately—the prisoner had been there about four minutes before the cross-charge was made, in the mean time the Magistrate had come on the Bench, he had been in the building about ten minutes, and I had been in to explain the circumstances to him, and ask him if he would grant a warrant—except by their addresses I did not know the prisoner and
prosecutor lived in the same neighbourhood—it is a common thing for one to come and say, "I have heard you are going to make a charge against me," and then to wrangle as to which shall have their charge taken first—no charge has been instituted against Loevenvirth in the prisoner's presence to my knowledge—a charge of threats was made on 24th September—that charge has absolutely disappeared as far as the Thames Police-court is concerned.
MARCUS SHAPIRA (Interpreted). I live at 16, St. George's Street, St. George's-in-the-East—I am an Austrian Pole—I knew the prisoner as Nachen Shapira—I lived fourteen miles from him in Austria, and knew him long ago—I was a coral merchant, and the prisoner knew that when he came to England—I do not know when he came to England—I came in May for the second time, but I came before—when I came in May I knew the prisoner was in London—he owed me 1,000 roubles, and I came to London to obtain it—I then lodged at Loevenvirth's, 10, Houndsditch, where Engell also lodged—I saw Loevenvirth receive from Engell 1,500 Austrian florins—I received no money from him in May—I asked him for it several times, he told me he had not got any at present—I returned to Gallicia, where I obtained this document. (This was an Austrian Warrant. MR. FRITH objected to its being read.) I returned to England with it—it refers to the money which the prisoner owes me—I then lodged with Isaac Lipschitz, at 16, St. George's Street, St. George's in the East—Engell, who had lodged with me at Loevenvirth's, lodged there too—I saw the prisoner several times before the 22nd September, he was living at the same place as he had been at before I went away—I spoke to him about my claim several" times—I did not show him the warrant or refer to it—he said "I cannot give you any at present, besides England is a free country"—on 14th September I was a witness against Loevenvirth at Guildhall in a matter between Engell and Loeven-virth; it was adjourned till the 28th—on 22nd September, about 2 o'clock, I saw the prisoner at his house, and we then went out and walked about in Whitechapel—I asked him for my money again—I only asked him at that time to let me have some money to go home with—he said "I cannot give you any, but I can get you some from Loevenvirth"—I told him I could not go away at once because I was a witness for Engell—he said "You have already given your evidence, and you had better go away, or otherwise you will get into trouble if you stay here, as they have more money than you have"—he meant Loevenvirth and Stone (Whose name was mentioned in the proceedings at Guildhall) and others—the prisoner said Loevenvirth would give me the money to go home with—it was arranged that I was to go home the same night, the 22nd—we spoke about the amount, and I agreed to receive 3l. 10s.—he declined to give me the money altogether because he was afraid I would not go away—it was mentioned that the ticket from London to Hamburg would be 15s. and 6s. from Hamburg to Berlin, and from Berlin home about 2l.—I asked him to let me have the money to take my watch out of pawn; it was pawned for 10s.—he said he would send me about 250 florins when I reached home upon the 1,000 roubles that the prisoner owed me—after that we went to the post-office, where the prisoner changed two sovereigns into two 10 Austrian florin notes and enclosed them in an envelope, which was addressed to "Marcus Shapira, Poste Restante, Berlin"—that was given to the lady clerk; it was registered, and a receipt given to the
prisoner—from there we went and had something to eat, and then went on the pawnbroker's, where the prisoner took my watch out of pawn and gave it to me—we then went to my lodging, that would be between 4 and 5 o'clock—I packed my clothes in my portmanteau—I saw Mr. Bergmann before doing so in the prisoner's presence—after packing my clothes the prisoner wanted me to go to the ship to take my luggage and to obtain a ticket from the captain, and I went with him in a little boat to the ship Vega lying in the Thames—I saw Rinken, the chief cook, and asked for the captain, but he was not on board, and I could not buy the ticket—I gave my box with my clothes in it to the cook to take care of—I did not open it at all and show the prisoner—I returned with him to the shore and went to Mr. Bergmann's, whom I saw and spoke to in the prisoner's presence—I told him what the prisoner had done about the money—Bergmann gave me 51 marks—the prisoner showed Bergmann this receipt for the registered letter, which Bergmann gave to me—I went back to my lodgings, where I saw Engell and Lipschitz, and in consequence of what they said I refrained from going to Hamburg that night—next day I saw the prisoner and Loevenvirth together in St. George's Street about 7 o'clock—Loevenvirth said to me" If you don't go away I will stab you"—the prisoner heard that—he wanted to call the police and have me arrested—then they both threatened me that I had swindled the prisoner out of 3l. 10s. for corals—that was the first time I heard anything about corals—I had brought up corals with me at all—in consequence of the threats I went and saw a solicitor the following morning, and then went with him to the Thames Police-court—I was given into custody that day when I went to obtain a warrant for their threats—the charge was heard—I was committed for trial, and kept in custody eight days awaiting trial—on the trial I was acquitted—I had no legal assistance—Counsel appeared for the prosecution—I got back my box when the ship returned after about a couple of weeks—I went with Lipschitz to lay an information at the police-court against the prisoner for this perjury—it is not true that on the 22nd September I asked the prisoner if he would buy any coral beads; I had none—the prisoner did not say "What sort of coral?"—I did not say "From Paris," nor did I say "Give me 3l. 10s. for the coral; it is worth 5l."—the prisoner did not say "Where is the coral?"—I did not say "At my lodging"—the prisoner did not say "Is it good coral?"—I did not say "You will see; give me 2l. at present, as I want to send to Berlin"—I did not say "I want more money to pay for my lodging, and then I can get my box"—I did not say "It is not nice to show you the coral in the street; come with me to the ship"—it is not true that I opened the box on the ship, nor that I said "Oh, I have made a mistake; I left the other box behind"—the box was not then empty, because all my effects were in it—the prisoner did not ask me for the coral—I did not say "You saw me send away the money to Berlin; I have no coral now; I will give you coral later on"—it is not true that the prisoner gave me the 3l. 10s. as he believed I had some coral.
Cross-examined. After I had given evidence against Loevenvirth, he was discharged—at home I deal in coral, but I have never done so except in Gallicia—I have been living here on money I had, and now I get 15s. a week from the Treasury; I get nothing from Mr. Bergmann—I did not ask a woman on 22nd September to buy coral from me, (Mrs.
Nationshon was called into Court.) I only saw that woman at Arbour Square Police-court—I have not threatened any of the prisoner's witnesses—I do not know Zolinger. (Zolinger was called into Court.) He was a witness against me—I did not meet him with Nachen Shapira in September in Church Lane—I did not say to him "A woman told me your wife would like to have a necklace of corals, will you buy one? I will sell it a bargain; I will sell it for 3l. 10s., it is worth 5l."—I said nothing about the wife wanting a coral necklace in Zolinger's presence—the prisoner never said in Zolinger's presence "Can you show me corals?"—I did not say I had some at my lodgings, or "Come with me, and I will show them to you"—the prisoner went with me, but not for the corals—I did not say "Will you do me a favour? I want to send 2l. to Berlin; will you give me 2l. now, and I will give you the corals when you give me the balance"—Zolinger was not present—I did not go with the prisoner and Zolinger to a money-changer's office and change the money into Austrian money—I know the money-changer's office; it is close to the post-office where the post-office orders were bought—I do not know Goldberg—I think there was a man of that name at Arbour Square—nobody was at the post-office but I and the prisoner, and therefore the prisoner did not there say in Goldberg's presence "I give you 2l., and I will give you the rest of the money to come and give me the corals"—I did not say "Do not be afraid of me, come along with me"—I know Grosse; he is the prisoner's brother; his name is Shapira—he was not on board the ship; only we two were there—I did not hear someone on board the ship say to the prisoner "What are you doing here?"—the prisoner did not say "I have bought some corals, and this man is going to give them to me"—I did not say in the prisoner's presence and another person's after I had opened the box "Oh, I forgot the corals; come with we to my lodgings"—the prisoner did not say to the other person "Come with us"—after leaving the ship I went to my lodgings, and the prisoner stopped outside of his own accord; I did not say to him "Wait outside"—the lodging-house keeper did not come out and say to the prisoner "What do you want?"—I was not present—the prisoner did not say "I have got nothing to do with you; I have bought some corals of your lodger"—when I came out again the prisoner in Grosse's presence did not ask me again for corals—I did not say "I have not got any corals or money"—after I came out the prisoner did not begin to scream and make a noise—I did, because I had my luggage on the boat, and Engell and Lipschitz would not allow me to go—I did not hit the prisoner's brother on the head—I do not know Marks Veiskorn. (Called into Court.) I did not about the third week in September say "I am going home, and have come to bid you good-bye; I have sold corals to Nachen Shapira "—Veiskorn did not ask me how I had got the money to go home—I do not know Annie Veiskorn. (Called into Court.) Nothing of that sort occurred in her presence.
Re-examined. After I had given evidence at Guildhall on 24th September the matter was postponed for a fortnight.
BARBARA LOUISA JANE BULLMAN . I am assistant clerk at the Postoffice, 66. High Street, Whitechapel—on 22nd September the prosecutor came in between half-past 1 and 2 with another man whom I cannot identify—I don't think there was a third man with them—one of the two handed me a letter addressed "Marcus Shapira, Berlin," which I
registered—I gave the receipt to one of them, and they left—afterwards they both came back, and the other man, not the prosecutor, spoke and made signs; I could not understand what he said—ultimately I showed him the back of the envelope where there was an address—I do not recollect what it was.
Cross-examined. My attention was not called to this till a long time after—it is a matter of everyday occurrence for people to send stamps and foreign money away—there might have been three people, but I cannot remember a third—I know there were two—I am positive about the prosecutor.
Re-examined. I was at the police-court and my evidence was taken; Mr. Frith appeared there—I don't remember that he suggested a third man was there.
GEORGE HENRY ROBERTS . I am manager to Mr. Telfer, a pawnbroker, of 178, St. George's Street East—on 22nd September in the evening a silver watch and chain was redeemed by the prosecutor and another man—I think Lipschitz had pawned it for 10s.—I don't recognise the prisoner t all—I cannot say who handed me the money.
REINHARDT RINKIN . I am chief cook on board the steamship Vega, which plies between London and Hamburg—on 22nd September, towards the evening, the prisoner and prosecutor came on board—I saw no third man—the prisoner asked me the price of the ticket, and I told him 16s., and he la 1 it ought to be 13s.—I then said, "I will see the steward, and then you can see by the ticket yourself"—the prosecutor had a small grey portmanteau and a box—he said he would go between decks on the journey, and asked if I would take care of the box for him—I asked him whether there were objects of value in it, and he said "No"—I took care of it, and locked it in my room—the portmanteau was closed, but it appeared to me as if there was only a prayer-book and something that they put over their head in it, when I shook it, they were loose—the two men went away—neither of them came on board to go to Hamburg—10 days or a fortnight afterwards the prosecutor came and fetched the portmanteau on a Sunday—Grosse was not with them when they came—it is not true that the box was opened in the prisoner's presence on board the ship—they were only there a few minutes—the prosecutor did not say, "I have made a mistake, I have left the other box behind."
Cross-examined. They came on board in the middle of the ship just opposite to me—I only saw them when they appeared before the kitchen—there were no passengers at all between decks—there were not people there to see their friends off—I would not swear to the face of every person on board that day—I did not see Grosse; I saw no one else but those two—they were in front of the kitchen—it was twilight, and possibly Grosse may have been there and I may not have seen him.
Re-examined. I am positive there was no third man in their company.
THEODORE PASCH . I live at 4, Selway Road, Stratford, and am in the employ of the North Metropolitan Tramways Company as conductor—on 23rd September, between 7 and 8 o'clock, I saw the prisoner and Loevenwirth in St. George's-in-the-East near Mr. Telfer's—the prosecutor was also there in the custody of a constable—I said in the prisoner's hearing, "They have trumped up a false charge against the man you have; they want to get this man away from giving evidence at Guildhall; you can almost see what it is, it is a false charge"—the
constable then let him go—then the prisoner and Loevenwirth began to threaten him in German and Edish, a mixture of Hebrew and German, and said, "If you don't go home before Engell's case comes on we will stab you"—Loevenwirth said that first, and the prisoner afterwards—then Loevenwirth began to try and get at the prosecutor, and I hit him from one side of the road to the other, and told him if he did not go away he would get himself into the wrong box.
Cross-examined. I am a Prussian—I first made a statement about this matter last Tuesday—I told the authorities on Sunday I could give information—I went to the Thames Police-court to apply for a warrant for the arrest of the prisoner and Loevenwirth with the prosecutor—I was with the prosecutor at Scotland Yard when he got a warrant—I was sent there by the Austrian Consul—I was an interpreter then—I hate had a large hotel at Tower Hill and another at East Smithfield; I gave up one 15 months ago, and the other lately—I had not time to make a statement before Tuesday—I was odd man then, I am in regular service now.
MARCUS SAMUEL BERGMANN . I am a missionary to the Jews at the East End of London, and live at Upton House, 222, Burdett Road, Bow—according to appointment the prosecutor and prisoner came together to see me on 22nd September about 5 o'clock—I said to the prosecutor, "I come to fulfil my promise; have you got what your friend has promised?"—the prisoner then took 15s. out of his pocket and showed it to me and said, "This will do for a ship's ticket to Hamburg"—I said to the prosecutor, "Have you any more?"—he said, pointing to his watch and chain, "The prisoner took these out of pledge for me"—I asked the prisoner, "Have you any more?" and then we went inside the mission-house—the prosecutor said the prisoner sent in a registered letter to Berlin, in the prosecutor's name, to the Poste Restante, 20 Austrian florins per notes, which would be for his travelling expenses from the German-Austrian frontier right to his home—the prisoner took out of his pocket a receipt, showing me what he stated was correct—I looked at it, and saw it was addressed to Marcus Shapira, and I handed it to the prosecutor saying, "This will do for you"—the prisoner wanted to get possession of it; he said, "Yes, I sent him the 20 florins to Berlin"—they said they had been at the post-office together, and the prosecutor said he saw himself the 20 florins put in the letter, and nothing was written—I put my hand on the prosecutor's shoulder and said to the prisoner, "What have you done to this poor man?"—the prisoner said, "I could not help myself, I was in Very great straits"—afterwards he said, "In about a fortnight's time I will send him 250 florins as part"—that would be when the prosecutor got home—I went out and changed 2l. 10s. into 51 marks German money, and returned with it in two paper bags, and gave it to the prosecutor—he kissed my hands and expressed thanks, and so did the prisoner—that was about 7 p.m.—the prisoner, after showing me the 15s. put it back in his pocket, but he said at the Mission House he had given it to the prosecutor in my presence—I sent them both away to go and get the ship's ticket previous to my giving him the 51 marks; I said, "Show it to me, and I will give you what I promised"—when they returned the prisoner, I think, said that the captain was not on board, and the ship would not leave till about 4 a.m.—the Mission House is 163, St. George's Street—
no coral was ever mentioned—the 250 florins was to be sent in part payment of what the prosecutor said the prisoner owed him—I went to Middlesex Sessions and gave evidence—I have been connected with this mission for 16 years.
Cross-examined. I was converted to Christianity 19 years ago—I am not in charge but I have a part in this mission, which has been established for foreign sailors—I did not refuse to say who were the Committee and who paid me, at the police-court—I said I was paid by the London City Mission—I do not pay the Jews who are in process of conversion to induce them to change their faith—I give money out of my pocket; I have private means—the Society's funds are raised by voluntary subscriptions—the prisoner is a Jew but not a strict Jew—the prosecutor is a strict Jew.
By the JURY. I afterwards gave the receipt to the prosecutor because I thought the prisoner would not want it.
Re-examined. I gave it to the prosecutor so that he could get the money in the letter abroad.
SIDNEY CHARLES HOLDER . I am a letter carrier attached to the Bethnal Green Post-office—on 12th October I delivered a registered letter from Berlin to the prisoner's daughter at 59, Three Colts Lane—I brought a receipt, which she signed "M. Shapira"—I did not tell her what name to sign.
JANE SHAPIRA (Interpreted). On 12th October the postman brought a registered letter, and I wrote on the receipt "M. Shapira "as the post-man told me—it was only an envelope with 20 florins in it; it had come back from Berlin—I opened the letter in the room where my mother was—my father when he was in prison had told me to open any letter that came, and he said he expected a letter from Berlin; that he was the person who sent the money, and that he had written for and claimed the letter and asked for it to be sent to that address.
Witnesses for the Defence.
SARAH NATIONSHON (Interpreted). I live at Osborne Street, White-chapel—my husband is a traveller; he is not in London—on a Sunday in September I met the prosecutor in Petticoat Lane; he asked me whether I wanted to purchase any corals and I said "No," I didn't want any, but that I knew a Mrs. Nachen Shapira, the prisoner's wife, of Three Colts Lane, who had a daughter who was going to get married, and she might want one.
Cross-examined. It was in the morning; no one else was present—I have seen the prosecutor several times since in the street, but have not spoken to him—I next saw him two or three days after, and then two or three days after that—then several people told me he was in prison—I afterwards spoke to the prisoner several times, but never about this—I did not know he had purchased coral; I sent him there, he did not speak to me about the coral—I heard the prisoner had purchased some coral and had not received it, and I went and saw the prisoner's wife—I was not at Middlesex Sessions.
corals to sell and that a woman had told him the prisoner wanted to buy some—the prisoner said, "Yes, I want to buy some"—the prosecutor said "I have got some, and I am willing to sell them to you for 2l. 10s. although they are worth 4l."—the prisoner said he would buy it—the prosecutor said the corals were at his lodgings, "Come along and we will go and look at them. I will go with you, but before I go I want,2l. because I want to send it to Germany "—they then went away together—I did not see them go in the direction of the money changer's office, which is near there—I saw the prosecutor in Backchurch Lane next day with Engell—I had no conversation with them—I did not see them at the post-office.
Cross-examined. I did not see Goldberg that day—nothing was said in my presence about taking a watch out of pawn—I was there till they went away, and I heard everything don't know that anything was said about taking a ship to go to Hamburg—the money changer's is about 15 or 20 paces from where the conversation took place—I did not go there with them, nor did I see them go into or come out of it—I do not know Davis. (Called into Court.) I did not tell him I would give him 1l. if he would come and swear that he heard the prosecutor offer to sell coral to the prisoner; it is not true.
Re-examined. After the first remand at Worship Street I offered to introduce the prisoner's wife to a solicitor.
AARON ARIAH GROSSE . I live at 190, Jubilee Street, Whitechapel, and am the prisoner's brother—one evening in September I went on board a ship with the prisoner and a countryman of mine who has gone home—while on board I saw the prisoner and the prosecutor there—I asked the prisoner "What are you doing here?"—he said 'I have purchased some corals from this man," pointing to the prosecutor—I don t know if the prosecutor was near enough to hear—he said nothing—subsequently the prisoner said "Give me the corals," and then the prosecutor went to and opened the box, and said "I left the corals at the lodgings, come with me to the lodgings, and I will get them"—I went away from the ship alone, and waited on the shore till the prisoner and prosecutor came on shore, and then we all went to Mr. Lipschitz's—as we were waiting outside Lipschitz came and said "If you give me another 23s. I will bring you out the corals"—the prisoner said "I have no business with, send me out the man from whom I have purchased the corals—the prosecutor came out, and they had a dispute, and I said to my brother "Let us go home, and I will see about it tomorrow"—we then went home—before doing so there was a crowd, and some screaming—Lipschitz was making the outcry—I was not struck on the head—the prosecutor has not threatened me at all.
Cross-examined. I did not go in the same boat with the prosecutor and the prisoner to the ship—I was, there when the others arrived—the four men heard the conversation, and were present when the box was opened—all four were there; it was between decks—I went away first from the ship with the boy that brought the box for my countryman—I left him there—I did not see what became of the box after it was opened—when the prisoner and prosecutor came back to the shore they had left the box on the ship; I don't know why they did so—they said they only came back for the box of corals that was left at the lodgings—they arranged to leave the box on board the ship, come back, and fetch it with
the corals—I heard that on the ship—I don't know about the cook—they did not say with whom they were going to leave the box, and I don't know whom they left it with.
Re-examined. I left the prisoner and prosecutor on the boat talking—I saw the box open on board.
MARKS VEISKORN . I am a cigarette maker, of Lesley Street—the prosecutor came to see me in September, and told me he had some corals to sell—he complained that he wanted to go home, but had no money to pay for the journey—he came again and complained of the same thing—I met him in the street, and he said good-bye as he was going home—I said "Where did you get the money from?"—he said "I have sold some corals to Nachen Shapira."
Cross-examined. That conversation was in September.
ANNIE VEISKORN . I am the wife of the last witness—I remember the prosecutor saying good-bye to my husband in the street—my husband asked him where he got the money from, and he said he had sold some corals to Shapira.
Cross-examined. I don't remember the date—he did not say how much he had sold the coral for, or whether he had the money.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Saturday, November 21th, 1886.
Before Mr. Common Serjeant.
45. HENRY HALLEY, FREDERICK WILLIAM LEWIS , and RICHARD CASTLE (20), Stealing a case of cigars, value 180l., the property of Edwin Fardell and others, the masters of Castle. Second Count, receiving the same.
CASTLE PLEADED GUILTY .
MR. GOODRICH Prosecuted; MESSRS. POLAND and FULTON Defended.
RICHARD CASTLE . I have pleaded guilty to this theft of a case of cigars—on 1st September I was a carman in the employ of Fardell and Co., contractors, of The Crescent, Minories—on the morning of that day I received instructions to take a Yarmouth cart to the London and North-Western Railway at Aldgate, and fetch a case of cigars, and then take it to the London and St. Katherine's Dock Company—I went there and signed the receipt in the ordinary way, left the station about o'clock, and went from there to Hoxton, and stopped at the top of Ivy Lane; Davis was with me then—I had met him before I went for the cigars to Aldgate; I went home to my breakfast before I went there, and I then met Davis, and asked him if he would come for a ride, and he got into the cart and went to the London and North-Western Railway, at Aldgate, with me—I went to the Unicorn public-house, at the top of Ivy Lane, and from there I went to the Camel public-house in Philip Street, Kingsland Road; that is in the immediate neighbourhood of the other public-house—I there had drink at Davis's expense; it was then about a quarter to 12—Halley, whom I knew, came into the public-house, and we drank together, Halley paying—he called me outside and said "What have you in the case?"—I said "They are cigars"—the cart with the case was then outside the public-house—he asked me to show him the shipping-notes, those I had got from Mr. Fardell's office—I showed them to him; he told me to get up in the cart and he, Davis, and I jumped up
and drove away—I drove a little way and then I asked Halley to take the reins, while I put my coat on—we drove to the Loggerheads, at the back of Shoreditch Church; we reached there about half-past 12—Halley went inside, leaving Davis and me outside—he came back with Lewis, the landlord of the house—they came up to the cart and looked at the case, and then went away for about 10 minutes, and then they came back—Halley asked me for the notes, which he gave to Lewis, and after another five minutes Halley asked me to fetch the case inside—I got it on my back and Halley helped me take it into the Three Loggerheads into a little tap-room on the left—we went in by the bar entrance—I put the case on a table, and then Halley opened it with a hammer and chisel—Halley looked inside, and I went to do so, but the prisoners told me to go away, and said there were cigarettes inside—Halley told me to go away for three or four hours, and Lewis gave him 2s. to give me—Lewis said in the presence of Halley and his potman that they would get the case burnt and put the cigarettes in ginger-beer bottles—Lewis's potman was there all the time. (Pettitt was called into Court.) That is the man; he came into the little room when we took the case there, and I believe he burnt the case, though I did not see it—I went outside and had a drink with the 2s. that had been given me—I had had a drop of gin before that—then, about half-past 1 o'clock, I and Davis got up in the cart and drove away to the Cambridge Heath Road, where we put the nose-bag on the pony and came away, leaving the cart with a case in it in one of the turnings there—I never left Davis all the afternoon—at a quarter to 5 o'clock we were in the Unicorn, at Hoxton, having come there from the Loggerheads at 4 o'clock—we went back to the Loggerheads at half-past 5, where I saw Lewis behind the bar, and Halley came in just as I did—Halley gave me a sovereign; we were both just inside the public-house, and Lewis behind the bar, where Davis was having a drink—Halley said "Will you give me five shillings to give Mr. Lewis, because he said he could take a cab and fetch a man to buy some of the stuff, the cigars"—I gave five shillings to Halley and he gave it to Lewis, who went out and came back in about half an hour—I, Halley, and Davis stayed in the house during the half hour—Lewis came back in a pony trap with another man, and then Halley told me to go away for a couple of hours—I did not go away, but stayed in the bar with Davis for about three hours—Halley and Lewis went inside—about 7 o'clock Halley came into the bar, and asked me and Davis to go for a walk with him—we went as far as the Kings-land Road together, and then Halley gave me 9l. in a public-house in the Kingsland Road, at the corner of a yard by a police station—we had drink there which Halley paid for, and then he gave me 9l. in sovereigns in the bar of the house—he said "Give me a bit for the man that fetched me to you"—I gave him 10s. out of the 9l., one of which I changed for drink, and he said that was not enough—I gave him no more—I did not return to my employment—on 3rd November I was taken into custody—the story I have told to-day is true in all respects—before I left the Loggerheads, Lewis told me to give his barman Pettitt a bit of silver for burning the case, and I gave him half-a-crown—that was the last occasion of my being at Lewis's that night.
Cross-examined. I have known Davis about eight months; I don't go with him much; he is not a friend of mine—I met him on 1st September
by accident, and told him I was going to the railway station to get a box of cigars, and he then got up and went with me—the case of cigars weighed about 254 lb.; I did not weigh it—I had been at Mr. Fardell's about seven months—the case came down by crane into the cart at Aldgate—Davis saw it lowered—I knew it was a case of cigars; it was described on the order—I know Andrews; he is not a friend of mine—he went to fetch Halley; I did not know he had gone for him before he went to Halley—I saw him standing outside the Unicorn that day talking to Davis—I don't know if he is a friend of Davis's—I knew him before from being in the Unicorn—the first thing I did, having got the cigars into the cart, was that I said to Davis "Do you know where to sell these cigars?"—we did not make up our minds to sell them before we got to Hoxton, but after we got the cigars, I and Davis agreed to take them and sell them somewhere—I did not know at that time where to take them to—I made the proposition to sell them by saying "Do you know where to sell these cigars?"—he said "I will soon find somebody"—I only said it as a lark at first; I did not mean it at first—Davis took it in earnest, and said "I can soon find some one"—I said I did not know nothing about it at first—Davis did not lead me into it—Andrews was not examined before the Magistrate—he did not get into the cart with us; he went away, and came back in about a quarter of an hour with Halley—we were then at the Camel—it was a pony in the cart, and the cart had Mr. Fardell's name and address on the outside—it was about half-past 12 when we got to the Loggerheads first—Davis held my hat while I and Halley carried the case in—it was pretty heavy, and took two men to lift it—it was opened then and there in the tap-room in broad daylight between 12 and 1—I saw plenty of people about—there were not any in the bar of the public-house—Davis did not come into the tap-room—I believe it was the tap-room—I had spoken to Halley before at the top of Barton Court in Hoxton—I did not know he was in the service of Lewis's father at the Duke of Gloucester for years—he said they would get some one to burn the case out of the way—up to this time I had received no money, and nothing had been said about money—I handed over the case without making any arrangement as to what I was to get, and Davis the same—I had one other case in the cart: a case of perfumery spirits—I and Davis abandoned the cart and the property in Cambridge Heath Road—we had been at the Loggerheads about an hour and a half, and the cart had been waiting outside the whole time; I had put the nosebag on the horse—after abandoning the cart I went to Davis's house in Ivy Lane—I got the sovereign about half past five—I am sure I was at the Logger-heads from about half past five to seven—I cannot tell the exact time, I believe it was from half past five to seven—when I got the sovereign nothing was said as to what I was to have in addition—I cannot give the name of the public house where I received the 9l., it is the first public house by the police station, on the left hand side in the Kings-land Road, by the corner of a yard—I changed a sovereign there in the presence of Halley and Davis—I was at Fardell's before for about eighteen months, and then I went on a schooner round the coast—before that I was at a job in Commercial Street, going about with a barrow, taking goods out; it was an honest job—I once stole 7s. 6d. from my master's shop; I was then at Anderson's, a tarpaulin place—that was about
two years ago, it was the first time I stole—I was sent to prison for three months for stealing the money—I did not know Davis then I am sure of that—that is the only time I have been convicted—I live at home; I have got a brother seventeen or eighteen—I am twenty—I believe he is at home, I don't know—he was at home in September, and in employment—I believe he has been in trouble for gambling, only for that; that is all I know—this is the first time I have been examined—I pleaded guilty and offered to give evidence—I don't know if I expect to get a little off by giving evidence—my brother did not get six months for fraud, I am sure of that—Davis is in no employment—he is a coster-monger.
CHARLES EDWIN FARDELL I am a contractor, in the Minories, of the firm of Fardell and Co.—Castle was in my employment at the beginning of September—on 1st September he was sent out with a Yarmouth cart and a pony to fetch a case of cigars from the Aldgate Railway Station—he should have taken it to East Smithfield, the St. Katherine's Dock Station, and he had also to fetch a case of perfumery—he did not return to my premises—that night a cart was brought home by some strange boy who had found it in the street—on 11th September, in company with Harding, I went to Hoxton, where I saw Davis, and heard him make a statement—I was present when Halley was arrested—I heard Davis's statement read to him in the street—Halley said he knew nothing about it, and "I don't know what you are talking about"—a house was mentioned down at the Coal Arches, Columbia Market—Davis had described the position of the house to me—I did not know which it was, and when that was read to Halley he said "Yes, that is the Loggerheads, my governor's son's house"—I know the Duke of Gloucester is kept by Lewis's father.
Cross-examined. Nothing was said about the sign of the public house in the statement, and Halley identified it by saying "Yes, that is the public house kept by my governor's son," that is the prisoner Lewis—until that time I had not heard of the name of the public house—Halley said "I don't know nothing about it," and also, "I don't understand it"—the police searched the Loggerheads from top to bottom; that was about two months afterwards; nothing was found—that was the only house searched to my knowledge.
Re-examined. The search was the day Lewis was arrested, at about four a.m., in the present month—the value of the cigars was 180l.
CHARLES DAVIS . I am a costermonger, of 34, Ivy Lane, Hoxton—I know Castle—I saw him on Wednesday, 1st September, about 9 o'clock in Hoxton—I rode in his cart to Aldersgate Street railway station to fetch a case, and a case of cigars came down—there was another small case in the cart—he said he was going to drive home to get some money for dinner, and he drove to the Unicorn public-house, Hoxton—he then want to get his money, and I saw him again at 11 o'clock at the Unicorn, opposite Ivy Lane, and he said "Do you know where to sell this case of cigars?"—I said "No, and I don't want to know"—we went into the Unicorn and had two or three drinks, and then left there and went to the Camel public-house in Philip Street and had a drink; that was about 12 o'clock—Halley came in there about five minutes past 12 while we were drinking, and then Castle had a drink with him and with me, and they went outside together, I remained inside; they came back again and
drank up their drink, and then both jumped up in the cart—Castle called me, and said "Come for a drive," and I got up and we drove to the Three Loggerheads at the back of Columbia Market—Halley went in there, and remained two or three minutes, and then came out with Lewis; I had been standing by the pony during that time, and Castle was in the cart—Lewis looked at the case of cigars, and then Castle gave him a piece of paper, but I did not hear what was said—Lewis then walked up to the corner of the turning, and stood there a few minutes, and then went into his public-house—Halley said "All right" and Castle carried the case of cigars into the Three Loggerheads, and put them in a little room on the left hand side as you go in—Castle then came out and put on his hat, and then I went with him into the bar, and we had a drink together; I didn't see Lewis there then—then Castle told me that Halley had told him to come back in two or three hours' time, and we two left in the cart, and drove to a public-house at the top of Columbia Market—this was about 2 o'clock; I then left Castle, and did not see him again till a little before 5, when I saw him outside the Unicorn public-house in Hoxton—we left there, and went round to the Three Logger-heads and saw Halley, and he and Castle had a conversation which I did not hear—I then saw him call Castle out and give him a sovereign, and I saw Castle change the sovereign afterwards—we stopped there till about half-past 6, and then Halley and I and Castle went to the first public-house past the police-station in the Kingsland Road, I do not know the name of it—we all three had drink there, and then Halley called Castle away from me as we stood at the bar and gave him some money; I heard the jingle of money passing into his hand, and Castle told me it was 9l.—we left together about ten minutes to 7, and then separated—I saw Castle again that night about 8 o'clock outside the Variety Theatre in Pitfield Street; we had a drink, and then I left—I met him again about 9 o'clock at the corner of James Street, at a beer shop; we had a drink together, and I borrowed 6s. 6d., of him to go to market.
Cross-examined by MR. POLAND I was taken in custody by Harding, I believe, on Saturday, 11th September—I was formally remanded in custody till Monday, the 20th, and I was then charged with Halley at the Mansion House and we were both discharged—when I was taken in custody I told the officer all about this—I did not say "I see I amin for penal servitude , and I will tell; "I merely said "I am in for it, and I will tell you," I didnot mention penal servitude—I told him "About o'clock last Wednesday week I saw Dick Castle in Hoxton, with one of Fardell's carts with two cases in it"—I was excited then—I was after-wards taken as a witness, and I then said when examined on oath, "On Wednesday, 1st September, I saw the prisoner Castle; he was then driving a pony and Yarmouth cart in Ivy Lane; there were two cases in the cart; that was eleven o'clock; he said to me 'Will you come for a ride,' &c.?"—I did not say a word before the Magistrate that I had gone to Aldgate to fetch the case; I didn't think of that—it was after I had heard Castle's statement before the Magistrate, in which he said that I was with him, that I first mentioned it—I didn't think it was necessary to tell I was with him when he got the case—Castle first spoke in the cart about selling these cigars, he said "Do you know where you can sell this case of cigars?" and pointed to the case in the cart—I didn't know at that time that he intended to steal it and make
money of it, but when he asked me that I did, there was no mistake about what he meant—I didn't want to have anything to do with it—I didn't know where he had to deliver it, but I knew he had to deliver it to the owner—I did not say "I will soon find some one"—I did not find anyone—I didn't look for anybody—I know a man named Andrews, I didn't find him or look for him—I saw him in the bar, but he is no friend of mine; I don't know what work he does, I have known him a good while by seeing him—I said before the Magistrate "Castle told me Halley had paid him 1l., it was then I suspected something"—I didn't suspect anything before that, because I saw him give Mr. Lewis a piece of paper, and I thought that was a note for the goods, and that he was going to deliver them to him—the cart was waiting outside the Three Loggerheads three quarters of a hour altogether—Halley followed Castle in with the case of cigars—I only borrowed the 6s. 6d., I did not get any new clothes, I was then just as I am now—I had not got new clothes on when I was taken in custody; if the officer says "I noticed Davis had new boots and a hat and coat "it is untrue; it is a mistake, that is what I told him Castle had on.
Re-examined. Castle took the case in and Halley walked behind—I left Castle about two o'clock—we were parted about an hour; he came down to my place for me.
ROBERT YEOMAN . I live at 10, Philip Street, Kingsland Road—on 1st September I was potman at the Camel public-house, Philip Street, and saw Davis come in with Halley and Castle, about eleven o'clock as near as I can say; they had a drink, tout I can't say who paid for it—they were in the house about five minutes, and then walked outside together and got up into a small cart in which there were two or three cases, and drove away towards Kingsland Road.
Cross-examined. I saw the cart drive up—I said before the Magistrate "The two prisoners and another were in the cart"—there were only two in the dock then, Castle was arrested in November—Davis was in the habit of coming to that public-house, but not Castle—I do not know a man named Andrews—Castle, Davis, and Halley all came in together—I noticed the cart draw up, and saw the cases after they got out of the cart, and before they came into the public house—I was cleaning the windows from the inside at the time—I did not go outside.
Re-examined. I noticed the trap stop at the door, and I saw Davis, Castle, and Halley in it—I noticed them as they came in the bar—there were not other customers in the bar while they were there, to my recollection; it is a very dull house of a morning—I am certain about these three men.
WILLIAM HARDING (City Detective). On 11th September, about 4.30 p.m., I went with Detective Hughes and Mr. Fardell, to Ivy Lane, Hoxton, and saw Davis, who made a statement to us, after which Murphy brought Halley to me in custody in the street—I said to him, "I am an officer of the City Police, do you know that man?" pointing to Davis—he said "Yes"—I said "l am making inquiries respecting a large robbery of cigars from Messrs. Fardell's, and that man has made a statement seriously compromising you in the matter if it is true; he states that about eleven o'clock on the morning of the 1st he saw Dick Castle in one of Fardell's pony carts in St. James's Road, at the top of
Ivy Lane, Hoxton; he had two cases in the cart, and he said to him, "Do you know where I can sell a case of cigars?" he said "No, and I don't want to," he then went with me to the Duke of Gloucester, and Halley came down, and we all went to the Camel public house, Philip Street, Hoxton, where we had a drink, and then drove to a public house at the back of Columbia Market;" Halley said, "I know that is my governor's son's house, the Loggerheads; Dick and Halley took the case into the house; I had half a pint of beer, for which Halley paid; we afterwards met about four o'clock in the afternoon at a public house near Kingsland Police-station, and there Tod gave Castle 10l., he paid me 2s. he owed me, and gave me 4s. 6d. besides"—Tod is Halley—Davis said "It is the first time I have done anything of the sort, and I am very sorry for what I have done"—they were both taken to the Mansion House and were discharged—Davis had a new pair of boots on, and a tidy coat; he looked respectable for a man of his class.
Cross-examined. At the station Halley said, "I know nothing about it; I don't understand it"—I cannot be mistaken about Davis saying to me, "I see I amin for penal servitude , and I will tell"—Mr. Fardell was present—he did not say "I see I am in for it and I will tell you;" he said. "I see I amin for penal servitude"—Davis and Halley were both arrested on the 11th, Davis first—they were taken before a Magistrate and formally remanded to the Monday week, and from the 11th I knew the name of the public-house where it was said the case had been taken; I went there that night—it is Lewis's father's house and Lewis has the licence—his father keeps the Duke of Gloucester, and has been there 16 or 17 years—Halley has been potman at the Duke of Gloucester for some years; it is a mile or a mile and a half from the Camel—on 20th September, when Halley and Davis were in custody, I was examined and so was Mr. Yeoman, and Halley and Davis were both discharged—I cannot say that I searched the Loggerheads, but Lewis offered me every facility for doing so—I looked round the bottom part of the house for the case.
Re-examined. I had no search warrant—I went there to make inquiries.
GEORGE NEWMAN (Policeman). On 3rd November, at 8 p.m., I took Castle in Hoxton, and Halley at 11 o'clock the same night—I told him the charge was stealing and receiving cigars, the property of Mr. Fardell—he made no reply—I went to the Loggerheads at 12 o'clock but Lewis was not at home—I waited till a quarter to 3 a.m., when he came home, and I told him I should have to take him in custody for stealing and receiving a case of cigars, the property of Mr. Fardell—he said, "I am very sorry to hear that."
GEORGE BENJAMIN PARSONS . I live at 141, Old Bethnal Green Road—on 1st September, about 7.30, I found a pony and cart in St. Jude Street; a lot of children were with it and a boy had been left with it, but he said he was not going to mind it all the time—I saw Fardell's name on the cart and drove it there.
MR. POLAND submitted that there was no corroboration of the evidence of the accomplices, and therefore there was no case to go to the Jury. MR. GOODRICH contended that although Davis was a tainted witness he was not in any peril, and therefore his evidence ought to go to the Jury. The COMMON SERJEANT considered there was no case to go to the Jury as to LEWIS.
NOT GUILTY .
Witnesses for Halley's Defence.
WILLIAM PETTITT . I live at 282, Wick Road, Hackney Wick—on September 1st I was potman and barman at Mr. Lewis's, but am not there now—I have just come out of hospital with rheumatic fever—on September 1st a man named George Andrews (not Sam) was repairing the beer engine—I believe he is here—I opened the house at 7 a.m. and continued on duty in the bar till between 12 and 1—I went up to my dinner between 2 and 3—I did not see Mr. Fardell's van outside the house for two hours—I did not see Castle and Davis—it is not true that while I was there Castle and Halley carried in a heavy case and broke it open in my presence, nor did I afterwards burn the case nor did I get 2s. 6d. for doing so—there is a little tap-room there—I did not see Mr. Lewis that day; he was not in the bar at 12 o'clock.
Cross-examined. I went there at 7 a.m. and was in the bar till between 12 and 1—my work was sweeping up, and finishing; it was away from the bar; I was a little over an hour doing that—I then went to my dinner—I went into the London Hospital a month ago last Tuesday, and I was there last Thursday week when a policeman came to see me, and Mr. Fardell; they told me they had come to make inquiries with regard to the burning of the case—I did not tell them that my memory was so bad, having suffered so much that I was unable to recollect anything about it—I told Mr. Fardell that my memory failed me—he and the gentleman sitting on his left asked me if I saw them pass through the bar to Mr. Lewis, and I said "No," my memory failed me—I went downstairs into the doctor's room to speak to Mr. Fardell, who said that a statement had been made incriminating me, and that I was said to be the person who burnt the case—I did not tell him that my memory failed me and that I recollected nothing about it.
Re-examined. I am quite sure that no case was burnt.
FREDERICK WILLIAM LEWIS . I am 24 years of age—I have held the licence of the Three Loggerheads, Virginia Street, Bethnal Green, for five years—my father is the landlord of the Duke of Gloucester, and the Three Loggerheads is also his, but I manage it—on 1st September I did not leave my bedroom till about a quarter to one, having been out the previous evening to a swimming entertainment, when I was in the water for three hours, off and on, and I was tired—I went down about 1.30 and left the house two or three minutes before two o'clock, and went to the Spread Eagle and did not come back till 12 o'clock—I have heard the story about Mr. Fardell's cart coming there and the case being brought into the taproom in my presence—that is untrue—I know of no cigars being brought there or of the case being burnt—my wife was at home attending to the bar; she is here—I did not see George Andrews, a pewter worker, in the bar, but I had ordered him the day before to come.
Cross-examined. I do not know the prisoner Castle; I never saw him till he was in the dock at the Mansion House, nor Davis either—I do not know Castle's mother; she did not come to see me subsequent to this charge. (Mrs. Castle was here brought into Court.) I have seen her about this Court since I have been here this week—she did not come and see me and bring me this piece of paper (produced) from her son, nor did she tell me her son was in trouble for this affair and that I must assist her; that is utterly false—I did not say "You must go to Halley about it,
because it is his affair"—I have not seen her except at the Mansion House and here—she has been pointed out to me.
CAROLINE LEWIS . I am the wife of the last witness—I assist in the bar—I accompanied my husband to this swimming entertainment, and on the next day, 1st September, he did not get up till nearly 1 o'clock—I was serving up to that time, and a man named Andrews was repairing the bar engine—Pettitt was also there—my husband did not come down into the bar at all up to 1 o'clock—no van of Mr. Fardell's came there that day to my knowledge, nor was any case broken by Halley and Castle—no case was put into the little parlour at the side and broken up—my husband went out about five minutes to 2 and returned very late, it might have been 12.30.
JOHN CRESSWELL . I live at 80, St. John Street Road, and am traveler for Meyer and Son, mineral water dealers, of Clerkenwell—I have supplied mineral water to the Three Loggerheads for five or six years—I went there on 1st September from 12 to half-past 1, and inquired for Mr. Lewis; I could not see him, but I saw Mrs. Lewis—I did not; deliver any goods, but I collected some bottles—I left about a quarter to 1—I saw a pewterer doing some work in the bar—I saw nothing of Fardell's cart outside, nor did I see Halley there, nor a cigar case brought into the house—I went into the tap-room; my bottles were kept there, packed ready—it is about 16 feet long by 10.
Cross-examined. The tap-room is the first bar from Columbia Market entrance, 'and the first door on the left after you get into the bar.
JACOB LEWIS . My son keeps the Three Loggerherds; I keep the Duke of Gloucester—I have been a licensed holder 19 years—I have known Halley 17 to 18 years, and he has been my potman 14 years off and on—he is a thoroughly respectable man—his duty in the morning was cleaning up the place, cleaning the pots, and at times assisting me in the cellar—he was with me in the bar on 1st September—I had had a stock of beer in the day before, and we had to overthrow it to prevent it from working over—we were doing that from 25 minutes to a quarter to 12—Halley then went and finished his pots, and brought them into the bar—he went to toner at a quarter to 1; I drew his dinner beer for him—he lives 200 yards from my house—my house is about three-quarters of a mile from the Camel, and the Camel is about a mile and a quarter from the Three Loggerheads—I had occasion to go out that day; I returned at 3 o'clock, and Halley was there then—he remained till 5, when he went home to wash and dress—he returned at 6.30, and remained till we closed the house at 12.30.
Cross-examined. I am the father of the defendant who has been acquitted—I live in Hoxton, half a mile from my public-house, and am in the habit of going home at mid-day, generally before dinner.
By the COURT. I live on my licensed premises and dine there, but I went away at a quarter or 10 minutes to 1, and was away till 3.
JAMES CLARK . I am a box manufacturer, next door to the Duke of Gloucester—on 1st September I was sending out some special goods, loading a cart outside my door, and saw Halley there—some of the water from the trap which he was washing came in contact with my goods, and spoilt one or two of them.
2 o'clock; I had just had my dinner—Lewis stayed till just after 6—we were playing at skittles.
Cross-examined. It was not Lewis and the prisoner who were at my house, it was Lewis and Mr. Tapps—Halley received a good character.
Witness in Reply.
MARGARET CASTLE . I am a widow, and mother of the prisoner Castle—I live at 97, St. John Street Road, Hoxton—I heard of my son's being in trouble on the evening of the day the case was missing, and when he was taken in custody in November Mr. Fardell came and told me—I went and saw him in the cells at the Mansion House—he sent me a piece of paper when he was away after that, and in consequence of that I went on Mr. Lewis at the Three Loggerheads on a Saturday morning—I can't tell you the date; I should suppose it was about five weeks ago; it was before my son was charged at the Mansion House, and while he was away from home—I went four times that day but could not see Mr. Lewis—I saw him about 10 o'clock on Saturday night behind the bar—I said "Can I speak to you for a moment?"—he said "I have a gentleman just come"—I said "Will you take this letter and read it, please? it is from my son"—he took the letter, and in a few minutes afterwards he called me out in the street, and said "I can't help you in your trouble"—I said "It is not my trouble; I should think it was your own; my son is banished from my home without anything to eat, and without anything to get work, and what was he to do?"—he said "I can't help it," and gave me the letter and went in, and when my son came home he went to him, and I went after the lad—that was about 22nd October.
By the COURT. I handed him the paper the first time I went.
HALLEY— GUILTY — Twelve Months' Hard Labour CASTLE— Twelve Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. CLUER Prosecuted.
SAMUEL JOHN KITCHENER (The younger). I live with my father at 22, Rathbone Street, Canning Town, where he keeps a boot-shop—on Lord Mayor's day I was in the shop in the morning—the prisoner took a pair of boots from the outside of the shop and ran round the corner of St. Lawrence Street—he did not pay for them.
Cross-examined by the Prisoner. It was at dinner time.
SAMUEL JOHN KITCHENER I am a boot maker, at 22, Rathbone Street, Canning Town—on Lord Mayor's day, about half-past 1 o'clock, I saw the prisoner outside my shop, and shortly after I missed a pair of boots which had been hanging on my doorpost; their value was 6s. 6d.
Cross-examined. I did not say I saw you running away with the boots—I saw you three minutes before the boots were missed.
up against me; he put them under his left arm when he had taken them down, and he ran down Lawrence Street—it was half-past 1—the Lord Mayor's show did not pass down Peter Street.
CHARLES FOULKES (Policeman K 571). On 11th November, about 10 p.m., I went to 8, Montescue Street, where I found the prisoner under—a bed, covered over with a lot of old rags—I told him I should take him into custody for stealing a pair of boots from 22, Rathbone Street—he said "What boots? I know nothing about it, I was at the Lord Mayor's Show on Tuesday"—on the way to the station he said "And if I did I would not tell you; when I come out I will do something to be locked up for."
He then PLEDED GUILTY to a conviction of felony on 23rd July, 1886,— Twelve Months' Hard Labour.
Before Mr. Recorder.
Before Mr. Recorder.
MR. COLE Prosecuted.
EMMA PARKER . I am a barmaid to Mr. Moseley, who keeps the Golden Anchor public-house, East Greenwich—on 29th October, soon after 5 in the morning, the prisoners came in, Bratton first and Stanley about a minute after—they had some refreshment—Stanley went out first, and then Bratton jumped over the bar and took a quart can containing 2l. 16s. in silver and 5s. in bronze, and ran out—I went after him and tried to catch him, but could not—I had seen one of them before about four years ago—they were in the house together the night before—the same evening I went to the station, and saw the prisoners with seven others, and identified them.
Cross-examined by Stanley. You asked me the time, and if the clock was right, and you said you were going to catch the train at half-past 5 across the water—you had a few minutes' conversation with me.
Cross-examined by Bratton. I did not identify you at first, you kept your head down, but as you were following the others out, you turned sideways, and I picked you out—I am perfectly sure of you, I could pick you out of thousands.
JOSEPH DALEY . I am potman to the prosecutor—on the evening of 28th October, about 6 or 7 o'clock, I saw the prisoners in the bar together as I was going to light my lamp—I went to the station and picked them out.
Hill, Greenwich, about 5 minutes to 6 a.m., and saw the prisoners coming down the hill, going in a direct line to the prosecutor's house.
Cross-examined by Stanley. I am quite sure about the time, it was just getting daylight—you passed close by me.
SAMUEL CORNWALL (Policeman RR 24). On 29th October, about 6.20 p.m., I saw Bratton in Trafalgar Road—I told him the charge—he said, All right, I was not there"—at the station he was placed among seven others—Parker did not recognise him at first, but when he was leaving behind the other she said, "That is the man that stole the money."
Witnesses for Bratton.
ISABELLA BRATTON . I am the prisoner's mother; he lives with me—on 29th October he was at home; he did not go out till between 10 and 11 in the morning; he was at home and in bed at the time the robbery was committed; he was in bed when I got up at 10 minutes to 7—he got up about 9 o'clock—he slept in the same room—there was no one else in the house.
FREDERICK FERRIS . I am a labourer—I have known Bratton a number of years; we work together at Silvertown—on Friday morning, 29th October, about 6 o'clock, I was coming down Maze Hill with Stanley, and was with him till 10 o'clock, when he was apprehended—I do not know anything of Bratton's movements that morning—on the Thursday night I was in the British Queen about 6.30—Bratton and a man named Ransom came in about half-past 7.
NOT GUILTY .
MR. COLE Prosecuted.
CHARLES WHITEHEAD . I am manager to Charles Hydon and others, cheesemongers, of 16, Hatfield Buildings, Greenwich—on 27th October I closed the premises at 10.30; there was nobody there—I returned at 7.20 next morning, and found the premises had been broken open by forcing the back window on the ground floor—I missed some cheese, butter, and bacon worth 47s., and 3s. in bronze—these two pieces of bacon (produced) formed part of that which was stolen—I know it by the brand mark.
ELIZABETH STANLEY . I live at 10, East Place, Greenwich—I am the prisoner's mother—he lives with me—on 28th October I came down about 7 in the morning—I found the prisoner asleep in a chair in the kitchen, dressed—I saw this bacon on the table—when he awoke I asked him where it came from—he said he had brought it in, it was all right, and asked me to cook him some for his breakfast, which I did, for him and his wife—I gave it to my daughter to take to one of the neighbours, and the police met her and brought her back—I told the police that I had bought it; the prisoner being my son I told that untruth, which I was very sorry for afterwards—I was charged with the unlawful possession, but was discharged.
WILLIAM ALFORD (Policeman R 51). I met the prisoner's wife with this piece of bacon—the prisoner was in custody at the time on the previous charge—I told him of this charge—he said, "You won't hurt me for breaking in"—on the morning of the 28th, about 5.30, I met the prisoner in company with two other men in Woolwich Road, about
130 yards from the prosecutor's house—I did not notice that they had anything with them.
The prisoner in his defence alleged that the things were given to him in a sack, and that he knew nothing of the robbery.
GUILTY on the second Count. — Nine Months' Hard Labour.
MESSRS. BESLEY and LEWENEST Prosecuted; MR. COCK Defended. The defendant's examination in bankruptcy having been read, the RECORDER during the progress of the case, more than once intimated that there was no case to go to the Jury, and ultimately directed them to find a verdict of
NOT GUILTY .
53. ELLEN VAUGHAN, Feloniously and by force taking away Annie Reed, the younger, aged under 14, with intent to deprive her father of her possession. Second Count, with intent to steal certain articles of clothing.
MR. RAVEN Prosecuted.
ANNIE REED . I live at 37, Upper East Street, Greenwich, and am the wife of Thomas Reed, labourer—on 21st July I was confined of this female child—Mrs. Underhill nursed me—on the Friday before Tuesday, 17th September, I was coming down Park Street carrying the child, a basket, and bread in an apron—I met the prisoner, whom I had never seen before to my knowledge; she helped me along to where I lived, with the bread—she said she lived with Wallace, and was in trouble because he had left her, and she was likely to become a mother—when I was about to say good-night she said she would be very thankful if anyone would write a letter for her—I told her I would if she would come on Monday, and I told her if I was not at home to come upstairs and wait—on the following Monday she came, and I arranged for her to come the next night—she came about 3 o'clock, and remained till nearly 4 o'clock I suppose, and then said she must go to put her children to bed—she came back in about an hour and a half, and we walked up the Trafalgar Road together as far as the Union and back again—I carried my baby, which was in long clothes—a little after 9 we got back to my street door—I said I must go upstairs and put some coals on the fire—she said "I will hold the baby"—I said "Do so," and handed it to her in a large white apron which I threw over its head—I was upstairs about five minutes, and when I came down the prisoner and the baby were gone—she had seen me suckle the child—the baby had on this bodice when the prisoner took it away, and other articles of clothing—I gave information at the police-station within half an hour—on 9th October I went with Howell to 17, Ann Place, Charlton Park—I went to the door by myself and knocked—it was opened by a Mr. Vaughan, who lived upstairs—the prisoner came to the parlour door with the baby in her arms—I called the sergeant, and told him that was the woman that took my child—after the prisoner said she did not know me nor my baby I went into the prisoner's room; she showed me the baby—the mark on its nose had got very pale
—I failed to identify the baby at first—Vaughan threatened to throw me out of the house and charge me with defamation of character—the baby had a mark on its nose, and also on its eye—there was a bit of a disturbance, and I and Howell came away—I saw the child again at Westcomb Park Station on the following Sunday evening, and I and others then identified it—this is it—I and Howell went back to the house to see if we could discover any articles of clothing of my baby, and this bodice, which I identify, was given to me by Mrs. Hennessy.
Cross-examined by the Prisoner. You had every appearance of becoming a mother.
By the COURT I see the mark on the baby's nose now.
AMELIA UNDERHILL . I live at 3, Clerk's Buildings, Greenwich, and am John Underhill's wife—I attended Mrs. Reed in her confinement on 21st July, and was with her and her baby for a fortnight and three days—on Sunday, 10th October, I went with Mr. and Mrs. Reed to the police-station, where I saw and identified the baby as Mrs. Reed's by the marks on its face, and every feature was impressed on my memory, and more so since the child was stolen—it is the child that has just gone out of Court—I was certain the instant I saw it that it was Mrs. Reed's.
ANNIE QUINNAL . I live at 1, Delafield Road, Charlton, and am the prisoner's daughter—I am 13—three years ago my mother fetched me from Maidstone to London, where I lived with her and Vaughan t 17, Ann's Place—I remember coming home from service on a Tuesday night about 7 o'clock, about a month ago—my mother was out; I went out with two other girls, and came in again; I then found my mother half-dressed walking about the room, and the baby lying on the bed with a gown on—the shutters were up, and the gas lighted—I don't know the time—there was a pan of water there—no one else was there—Mrs. White came in that same morning—the next two or three mornings my mother got up and swept the rooms and then got back into bed and washed the baby—on 9th October I was coming home down Church Lane and there saw Vaughan and Howell—it was in the evening—I afterwards went home; my mother was not there; the baby was—my mother afterwards came in.
Cross-examined. You were not sitting on the side of the bed when I came in—you moved from the bed, and asked me what I thought of the baby—I don't remember you then sending me out on an errand.
EMMA HORN . I live at 17, Ann Place, Charlton; the same place as the prisoner—I am the wife of William Horn—the prisoner told me six or seven months ago that she was pregnant, and about July she said she was about to be confined—she never asked me to give her any help—I was the only woman lodging in the same house—I remember on a Tuesday, about six weeks ago, the prisoner going out and coming back about 5.30; she took her clothes off, and asked me if I was going down to the little shop—I said "Yes"—she asked me to get her a little watercress—I brought it to her—she got the young man's tea—she was out after tea, I believe—I did not see her again that evening—I did not know of the prisoner having been confined of a child—I saw her in bed next day, and she had then got a baby with her—I told her she was artful not to have called me—she said it was no good, as I was rather fidgety about the house—I said I would have done the best for her—she said Mrs. O'Malley had been to her.
By the COURT. She told me it was her baby—I did not know Mrs. O'Malley.
ELIZABETH WHITE . I live at 2, Ann Street, Charlton, and am married—I have known the prisoner about two years—she told me about two months ago she expected to be confined; she was then living at this address with Vaughan—on 21st September I went to 17, Ann Street about half-past 10 p.m.; Mr. Vaughan fetched me—I saw the prisoner in bed with the baby which has been in Court, lying by her side—I asked her whether she had had a midwife—she said she had had Mrs. O'Malley, and that she had been and gone before I got there—Vaughan came for me about 10 minutes to 10 p.m.—I did not touch the child—she told me Mrs. O'Malley had taken her washing away to do.
ELIZABETH O'MALLEY . I am a midwife, living at 21, Ogilvy Street, Woolwich—I have known the prisoner about three years living in Woolwich—I met her in the street eight or nine months ago, and I next saw her on 9th October between 7 and 7.30—I was standing outside my daughter's house, and the prisoner came looking for me—I did not recognise her for the moment—she said she wanted me to do a favour for her—I asked her what it was—she said she was confined three weeks ago, and she then moved me down a bit from where I was standing, and said she had no one with her when the baby was born, and she told her husband I had attended her—she asked me whether I would oblige her by saying so—she said there was another person claiming the baby—she said if I would tell her husband that he would call on me that night, and that she would pay me anything I asked; she did not mind if it was 10l.—I said I would do nothing of the sort—I did not attend her on 21st September, or on any other day in her confinement.
RICHARD HOWELL (Police Sergeant R). Information had been given to the police, and on 9th October I went with Mrs. Reed to 17, Ann's Place—she went to the door and saw the prisoner with the baby on her arm—I went into the back parlour, and there were present there the prisoner, Vaughan, the baby, Mrs. Reed, Mrs. Horn, and myself—I said to Mrs. Reed "Carefully examine that child and see if it is yours"—she did, but she could not identify it—the prisoner called Mrs. Reed a wicked, bad woman, and said "It is my child," and that she could prove it—there was great confusion; the prosecutrix was, very excited—I asked the prisoner when and where she had been confined—she said a fortnight last Tuesday, and that she could prove it by a number of persons, Mrs. O'Malley, who was the midwife, and Mrs. White, who nursed her, and a number of others, and she asserted it was her child—I left with Mrs. Reed—I went back to the house about 6 o'clock that evening—I saw her and Vaughan then—I said to the prisoner "You will have to take me to your midwife"—she said "All right"—Vaughan said "I will make her go; this has begun to open my eyes"—I, the prisoner, and Vaughan walked as far as Church Lane, when she said to Vaughan "George, I must go and tell Annie to mind the baby; she has left the house, and we must have her to mind the baby; I won't be long"—she went—we waited there about a quarter of an hour—she did not come—then we saw Annie Quinnal—we made further inquiries, and went on to
Mrs. White's, 10, York Street, and afterwards returned to 17, Ann's Place—the prisoner was out—we waited for about 10 minutes; she returned; it was about a quarter to 8—it was a quarter-past 6 when she had left us—it is about 1 1/2 miles from Church Lane to where Mrs. 0'Malley lives—I told her I should take her into custody—she said "What for?"—I said "For stealing Mrs. Reed's child"—she said "It is my child"—I took her to the station, where I asked her to tell me the name and address of her midwife—she said "Mrs. Smith, 11, Godfrey Street, Woolwich"—I went there; no such person as Mrs. Smith lives there—I told her that when I returned to the station; she made no reply—I was present on the day afterwards when Mr. and Mrs. Reed and Mrs. Underhill identified the child—I found this bodice in a cupboard in the front room in the prisoner's lodging—I showed it to the prisoner; she made no reply—when I searched her lodging I also found this card, with the entry of a child which was entered in a benefit society, dated 4th October—I also produce a certificate from Dr. Frederick Cooper, the agent of the society, who is ill—information was given about the loss of the child on 21st September.
The prisoner in her statement before the Magistrate and in her defence said that she was confined on 21st September, and that the child was hers, and that Mrs. Smith, who said she lived at 1 l., Godfrey Street, had attended her.
GUILTY. There was another indictment against the prisoner, for bigamy. — Judgment respited.
Before Robert Malcolm Kerr, Esq.
MR. CLUER Prosecuted; MR. GEOGHEGAN defended Quinlan. SUSAN HOYLE. I am a greengrocer and fruiterer, at 172, Barclay Road—on 19th October, between 5 and 6 p.m., I saw Quinlan near my shop—he asked me for some cabbages which were outside the door—I went outside, leaving nobody in the shop—he selected two, and then requested me to sell him 1 1/2 dozen; I agreed; he began to pack them into a box—I said I could not wait, and as I went into my shop to get a basket I met Waits coming out—I had not seen him go in—he said "I want some pears"—seeing Quinlan run away, I thought something was wrong—Waits pushed past me and ran away in the direction of Malpas Road, the same way as the other had run—I found everything gone out of my till except 6d. and a few coppers—there had been 25s. before—on the 20th I saw Quinlan at the station with 25 men; I picked him out without hesitation—I went to the station again and identified Waits from a number of men—Quinlan was standing outside my shop for five or six minutes before being served, and not a second afterwards he asked me about the cabbages—I was serving a lady with pears and saw him looking through the window.
Cross-examined by MR. GEOGHEGAN. I was serving a lady from Malpas Road, when Quinlan was outside the shop, and my attention was taken up with her.
fool"—Quinlan ran behind a carriage and jumped into French's costermonger's borrow, who was driving quickly—on the 20th I picked out the prisoners from about 13 others as the men I had seen running, the evening before—I know they are the two—Waits was dressed in a grey suit, and Quinlan in a grey suit with a long brown overcoat when I first saw them—they were dressed differently at the police-station.
Cross-examined by MR. GEOGHEGAN. There are no shops open in the Malpas Road—it was about 5 o'clock and getting dark—I picked out French as the man into whose cart they jumped—the Magistrate discharged him—I was as certain about him as about these.
EDWIN MARK . I am a bootmaker at 168, Brockley Road—on 19th October I passed Mrs. Hoyle's shop several times—I saw Waits loitering about there on the pavement—subsequently I heard a cry of "Stop them"—I ran up from my workshop and saw two men going down Malpas Road; I followed, but could not overtake them; I did not see their faces—as they ran down Malpas Road one of the men jumped into a cart—on the morning of the 20th I was taken to Brockley Police-station, where I recognised Waits among 18 to 20 men—I have no doubt he is the man who was loitering about.
HELENOR MORRIS . On 20th October I was taken to Brockley Station, where I identified the two prisoners—I had seen Waits the day before standing outside Mrs. Hoyle's shop about 5 o'clock—I have no doubt about him—I cannot swear to Quinlan.
Cross-examined by Waits. I knew you directly I went into the room at Greenwich.
JOHN EDWARD JACKSON . I live at 13, Foxwell Street, Brockley—on the evening of 19th October I was in Malpas Road, and saw two young men running, and one got into French's cart, and the other ran over the brickfields—I knew French before—I cannot identify either of the two men—one of the men running said "Don't stop me, you fool."
WILLIAM RUSSELL . I live at 10, Foxwell Street, and was with Jackson and other boys, and saw two young men running down Malpas, Road—I don't recognise either of them—one got behind a carriage and got into French's cart.
FREDERICK BUNTING (Policeman P 357). I arrested Quinlan on the evening of the 19th and told him the charge—he said "All right, old fellow, I shall have to go"—going to the station he said "I suppose someone gave you the tip"—Mrs. Hoyle identified him from a number of others—he made no answer to the charge—French was charged with being concerned with them—the Magistrate dismissed him.
Cross-examined by MR. GEOGHEGAN. Mrs. Hoyle came to the station about 5.20, and she picked them out about 9 o'clock next day, after she had been at the station about a quarter of an hour, from among 13 or 14—I can't say they all resembled the description I had of Quinlan—French was discharged, owing to evidence being given to his good character—he is an associate of the prisoners—I know nothing against him.
Re-examined. Mrs. Hoyle had no doubt about Waits.
took him to Brockley station; he was placed with about 15 other men and Mr. and Mrs. Hoyle and Mark identified him.
Witnesses for the Defence of Waits.
Cross-examined. I was driving my grandfather's cart—some one jumped in as I went down Malpas Road; I did not stop.
MRS. MITCHELL. Waits has the same clothes on now as he had when he went out of my house on the 19th.
WAITS— GUILTY .— Eight Months' Hard Labour.
QUINLAN— GUILTY .
He then PLEADED GUILTY to a conviction of felony in June, 1885, in the name of James Edwards.— Eighteen Months' Hard Labour.
MR. GEOGHEGAN Prosecuted; MR. WEBSTER Defended.
GEORGE DUNTON . I am manager at the Globe public-house, Royal Hill, Greenwich, of which my brother, Samuel Ebor Dunton, is owner—last year my brother owned three houses at Leyton; I acted as agent for him in procuring a loan in December, 1885—the prisoner said he could get it—when next I saw him he said he had got one from the Liberator Building Society, and on the same occasion he told me he was going to give Mr. Runtz 25l., and 3l. to the solicitors, Bonnor, Wright, and Thompson—he furnished me in my brother's presence with an account on the day the money was paid by the Liberator Building Society, 6th January—my brother repaid him the money the same night that the account was shown—when he showed it he said the 3l. had been paid to the solicitors to carry it out expeditiously, and 25l. for Runtz to pass the other two houses.
Cross-examined. I was introduced to the prisoner about October and had some business with him; no money passed then—I superintended the matter for the ingoing party—the houses at Leyton were finished about January—the prisoner did a small portion towards finishing those houses on his own account, not by instructions; he superintended the finishing of them—the loan was for finishing them—he was to have five per cent, commission on the loan, and he was paid 15l. on his own account to get it done quickly—15l. included his commission and expenses—when he first went down to these houses he paid for some of the goods which were supplied down there, locks, etc.; he did that on his own account—he stated to me that he went down to see if they were finished—the prisoner called several times, and I paid him different sums on various occasions for what he had paid tradesmen—I gave him a cheque for 9l., which was dishonoured; I had a reason for stopping it at the bank—that was about four months ago—I did not pay him 19l. by a bill; he had various bills and I held one for 20l. for him—I signed my brother's name by authority—a 20l. bill was not paid; I was summoned for that afterwards—I did not hear my brother say at the police-court, "I heard my brother accepted a bill for 19l. and I stopped it directly I heard of it"—I always sign my brother's name to bills and things connected with the business—I manage his business; he has been living at Reading—previous to going to the prisoner I applied to other people for a loan on these houses, and then the prisoner called and said he could get them done—the houses
were finished at the latter end of January; two were not quite finished—Mr. Runtz is the Liberator Society's surveyor; the fees were to be paid him for surveying the house—the prisoner showed me the counterfoil of the cheque in the cheque book of the District Bank of London to show me that he had paid the money to Mr. Runtz; I think it was a brown cheque book—that was January 6th—he then told me he had paid it, so I took it to have been paid before 6th January—a cheque of mine was dishonoured by the District Bank; it has since been settled—they agreed to take so much per month in part payment; that was a month or two months back—I had money enough at the bank to meet the 9l. cheque which I stopped.
Re-examined. This is the account in the prisoner's writing—25l. is charged for the surveyor, and 3l. for the solicitors—a counterfoil is missing from the cheque-book; they go from 743 to 745—on 745 is written "Mr. Craven," and under that "Bonner, Wright, and Thompson"—that is the name of the solicitors, and there is 3l. changed into 46l.
SAMUEL EBOR DUNTON . I keep the Globe Hotel, Greenwich—the last witness is my manager, and acted for me in procuring the loan on some houses—on 6th January I and my brother met the prisoner at Cannon Street Station; my brother asked him what the surveyor's fees were; he told me he had paid 25l. on the evening of that day, and showed me the counterfoil of a cheque which purported to be 25l. paid to Mr. Runtz, the architect—he said he had given 3l. to the solicitors of the Liberator Society for getting it off expeditiously—I just saw this account at that time which the prisoner gave me; my brother said it was right—in that account there is 25l. for the surveyor, and 3l. for the solicitors—I paid the prisoner that money because he told me it had been paid, and my brother said it was correct—the prisoner came to me at Reading after the summons was taken out, and asked me if I remembered anything about this case—I said "Certainly;" he said "Before I would have this case go on I would give you 3l. or 4l."
Cross-examined. I first met the prisoner on 6th January—I had had no communication with him about finishing the houses, I left all that to my brother—if the prisoner had told me 3l. was to be paid to the solicitors I would have paid it—my brother said the account was right—I don't know if my brother paid him various sums for getting goods for the house—I heard afterwards about the bill for 19l., and paid for it—my brother signs for me—I took up this bill because my brother told me he had signed it.
Re-examined. My brother is my London manager—I understood the 25l. had been actually paid.
By MR. WEBSTER. I understood it was for surveyor's fees for passing the three houses—although there was only a loan on one, he said the others were to pass in a week or two.
By MR. GEOGHEGAN. The 25l. had nothing to do with the prisoner's surveyorship.
ARTHUR LEGG . I am a builder, of Claremont—I was present at the interview between the prisoner and the Duntons—the prisoner produced a cheque-book, and read out a counterfoil in it, and said he had paid Mr. Runtz, the surveyor, 25l.—this is the sort of cheque-book.
Cross-examined. This was at the commencement of January—the prisoner introduced me to the Capital and Counties Bank—they closed my
account there because I stopped a cheque for 3l. payable to the prisoner, which he promised to meet and did not—I have not given him as reference more than three or four times—he has been my reference since the stopping of the cheque, because he had some bills of mine which he discounted, and he stuck to the money—I did not trade as Lawson and Johnson; I was interested in them, and had a little capital invested—it turned out a failure—I was not made bankrupt—I and the prisoner have had lots of money transactions together—I cannot say if I had 5l. from him after 6th January; probably it was for money I had lent him; I am certain it was not for commission—I went to Mr. Wills, a solicitor, with the prisoner—he wrote a letter, but it had nothing to do with this.
ERNEST AUGUSTUS RUNTZ . I live at 22, Moorgate Street—my partner is surveyor to the Liberator Building Society—I surveyed Mr. Dunton's house at Leyton in December, and reported it to my partner as favourable, subject to certain things—no sum of 25l. was ever paid to me—all fees are paid to the Society; they don't come through our hands, but we render our account to the Society, who pays us.
THOMAS HERBERT CRAVEN . I live at Inchman, Stamford Hill, and am managing clerk to Wright, Bonner, and Wright, solicitors—in January the title of the firm was Bonnor, Wright, Thompson, and Co.—I have only seen the prisoner once or twice—I did not receive 3l. from him for putting the matter through—I had a cheque for ground rent after the completion of the houses.
Cross-examined. I received the ground rent on 12th January.
GUILTY .— Twelve Months' Hard Labour.
MR. TAYLOR Prosecuted; MR. MOYSES Defended. GEORGE MILLS. I live at 99, High Street, Deptford, and am manager to the prosecutor—the prisoner entered our employment in April last in London—I had a right to require from him a statement of everything he sold—I discharged him on October 16th—the terms when the prisoner was engaged was that he was to have a week's notice, but our principal afterwards had a list of rules drawn up—I gave the prisoner a copy—one of them was that no notice was given or required, and with a proviso that if any man did not like the rules it was equivalent to accepting seven days' notice—as no one said anything we supposed they accepted them—the prisoner was paid his wages, 24s. a week, at 12 o'clock the day he was discharged, which was at midnight on 16th October, when we closed the business—I then asked the prisoner if he had received any money on account of boxes—he said he had not—I never received from him 6s. or 12s. received by him from the sale of bacon boxes.
Cross-examined. The notice was published on 16th September, a few weeks before the date of the charge against the prisoner—I don't think any of the men expressed dissatisfaction at it; the prisoner did not—the prisoner had been in Cowood's employ some years before in Cumberland—the prisoner came to London with his wife and family—we had notices then—I swear the prisoner has not told me that he meant to stick to the
money in lieu of notice—he said so to Miss Gilbert, the cashier, and I believe to the policeman who arrested him.
Re-examined. The prisoner was in the prosecutor's employ before; he was discharged several times.
ALFRED STEWARD . I live at John Payne Street, Greenwich, and am a cowman in Mr. Murray's employment—I took every week what bacon boxes there were at the prosecutor's establishment—on 4th October I paid the prisoner 6s. and on the 16th 12s. for bacon boxes—he gave me no receipt.
ANNIE GILBERT . I live at 57, Czar Street, Deptford, and have been cashier to the prosecutor—on 16th October the prisoner said to me "I have got the b—'s money for the bacon boxes, and I mean to stick to it"—that was after 12 o'clock at night.
Cross-examined. He said nothing about being entitled to stick to it—it was after his discharge, at which he seemed annoyed; he was sober—he came up to me and said so just as he came out of the shop—Mr. Mills had asked him before, about 11 o'clock, in my presence, if he had any money for boxes, and he said "No"—then he was discharged, and afterwards he came and told me he had the money, and meant to stick to it—I did not speak to him first—it was outside the shop door, after 12 o'clock at night; he was not dismissed till 12 o'clock.
Re-examined. I did not connect it with what I had heard before till the Monday morning when Mills spoke about it, and I told him what the prisoner had said.
JOSEPH COWOOD . I live at 44, St. Knollys Road, New Cross, and am head partner of this firm, the Cumberland Curing Company—the prisoner had been there about three years and a half at the date of his discharge—it had been a continuous service—he had always been paid his wages, but several times I had to discharge him for drunkenness and other faults.
FRANCIS SHAVE (Detective R). On 18th October I saw the prisoner, and told him I was a police officer, and should arrest him for embezzling money the property of the Cumberland Curing Company, his late employers—he said "Yes, I have got it, they owe me a week's money"—I took him to the station—I found on him 9s. 9d.
GEORGE MILLS (Re-examined by MR. MOYSES.) Before I discharged the prisoner I had seen his wife, and said something about my intention to discharge him—after that I saw him at work, and it was after that we had the conversation about the money.
NOT GUILTY .
Before Mr. Justice Wills.
MR. BROMBY Prosecuted.
May I was drinking in company with the prisoner—he went to sleep on a doorstep next to our lodging house—I was inside the lodging house—he came to the door and called me out—he said "I'll take some ha'pence of you"—I said "What ha'pence?"—he said "I'll give you ha'pence"—he chucked this brick at me (produced)—I bobbed my head out of the way—the brick was in the gutter—the prisoner was drunk—he was rather drunk when he woke up, he did not know what he was doing.
Cross-examined by Prisoner. You lost your ha'pence and accused me of taking them—I do not know that you meant to hit me or the child, but you flung the brick.
GEORGE SKEEL . I live in Ewer Street, Southwark, with the prisoner—I manage the lodging house—on 29th May I heard my boy William, two years and a half old, cry—I went to see what was the matter—I found the child lying on the pavement about a yard from the door—he was bleeding from the head—I saw the prisoner running away—I ran after him, I could not catch him—when I returned the child had been taken to the hospital—I have been at this house about nine months—the prisoner was a well-conducted man—he got his living by selling papers.
JOSEPH GEORGE HARSANT . I am consulting surgeon at the Victoria Chest Hospital—I was house surgeon at Guy's—I saw the little boy about four days after his admission to Guy's—he was suffering from the effects of a depressed fracture on the right side of the forehead—it must have been caused by a heavy blow—the bones of a child's head are comparatively soft, a light blow would break them—this child died from the result of the blow on 15th July.
STEPHEN LEACH (Policeman). I apprehended the prisoner last Saturday night in Coventry Street, Haymarket—I told him I should take him into custody on a charge of manslaughter of William Skeel—he said "I know all about it, I am very glad it has come to this; what I have done I am sorry for, and shall have to suffer for it"—this brick was brought up at the Coroner's inquiry by the witness Skeel.
The Prisoner's Statement before the Magistrate. "On Saturday, 29th May, I was drinking with Mulcahy and another, and I went to sleep on the doorstep, and I awoke and found Mulcahy's hand in my pocket, and I took up a piece of brick and flung it at him, and it hit the poor little fellow, and I am very sorry."
The prisoner, in his defence, stated that he and others staying at the lodging-house were the worse for drink; one man asked him for money for a breakfast; he gave him a shilling and that was the last thing he remembered till the man awoke him by putting his hand into his pocket. He only intended to frighten the man, and had no intention of doing harm to anyone, it was a pure accident.
GUILTY.—Recommended to mercy. — Three Months' Hard Labour.
Before Mr. Recorder.
MR. HUGGINS Prosecuted.
Place, Hythe Road, Egham—on the night of 8th November I went to bed leaving the house all safely shut up—I left a bundle of clothes on the sofa in the parlour—in the morning my husband got up first; he called to me to come down; I went down and found the kitchen window open and the bundle was gone—after that, in the course of the day, I went out, and in the street I met the male prisoner on Staines Bridge; it was about 11.30 in the morning, and he had a bundle under his arm and was going into a pawnbroker's—I recognised the bundle, it was part of the same that had been on the sofa in my room—I followed the prisoner into the pawnbroker's, and he offered the things in pledge—I went into the next compartment and waited till Mr. Fern, the pawn-broker, spoke—the prisoner asked 2s. on the things, and I said "Don't take them in, for they were stolen out of my house between last night and this morning"—the prisoner was there at the time—the pawn-broker gave the things to me, and told me to follow the prisoner out and give him in charge, and I did so—these things (produced) are mine, and are what were in my bundle—the prisoner did not say anything to me with respect to the things.
GEORGE FERN . I am a pawnbroker, of Staines—on the morning of 9th November these articles were offered to me in pledge by the male prisoner—after hearing the last witness's statement I refused taking them and gave the things up to her.
HENRY COLLIS . I am an inspector of the Surrey Constabulary—on 9th November, at 12 at noon, I received the male prisoner in custody—he was charged with burglariously entering the dwelling-house of Charles Wightman, at Egham, on the morning of the 9th, and stealing There from the articles in question—I cautioned him—he said "I did not steal the articles, they were given to me by a woman at Frog's Island, who I did not know; she asked me to take them to Staines and pawn them; I was to obtain 1s., 6d. for them"—from further inquiry I went to the house of Mr. Bailey, a marine store dealer, at Frog's Island, and there found one sheet, one box-cover, one chemise, and a pair of drawers, which the female prisoner had pawned—the prosecutrix identified them as part of the property she lost on that night.
MARK TRUSLER . I am a policeman, stationed at Egham—on the 9th November I apprehended the female prisoner—I charged her with burglariously entering the dwelling-house of Mr. Wightman, and stealing the articles mentioned in the charge—I cautioned her—she said "I sold some things to Mrs. Bailey this morning, but they were my own things"—she afterwards said "A woman gave them to me to sell, and I sold them"—a woman named Elizabeth Jackson was in custody at that time—she has been discharged.
SARAH BAILEY . I keep a marine store at Frog's Island, Staines—my husband has lost the use of his limbs—on 9th November the female prisoner came in with these articles—she said she was very hard up for a bit of bread, and would I buy them—I asked her what she wanted for them—she said 1s. 2d., and I gave it to her—being poor people's articles I thought they belonged to her—I afterwards gave them up to the police.
The Prisoners' Statements before the Magistrate. William Todman says: "I went to Mrs. Franklin's at 8.30 a.m. yesterday morning. Jackson was there with a bundle, and asked me to pawn some of the clothes. I
went down, and Mrs. Wightman saw me as I went into the shop." Margaret Todman says: "Yesterday morning Elizabeth Jackson gave me the clothes to sell. I asked her if they belonged to her. She said they did, or she would not have let me sell them, and I went and sold them for her."
WILLIAM TODMAN— GUILTY .— Four Months' Hard Labour.
MARGARET TODMAN— NOT GUILTY .
59. GEORGE BERNARD HARVEY DREW (42) PLEADED GUILTY to embezzling orders for the payment of 141l. 12s., 168l. 5s., 141l. 12s., and 187l. 10s.; also orders for 150l., 71l. 5s., and 91l. 15s. also orders for 150l., 187l. 10s., and 330s., of Alfred Lafour and others, his masters.— Ten Years' Penal Servitude, and to pay the costs of the prosecution.
61. GEORGE ANDREWS (49) to forging and uttering a cheque for 8l. 10s., with intent to defraud, after a conviction of felony in November, 1880, at this Court, in the name of William Harcourt.— [Pleaded guilty. See original trial image.] Three Months' Hard Labour.
MR. WARBURTON Prosecuted.
MR. GEOGHEGAN, for the prisoner', submitted that there must be a special intention charged in the indictment, which ought to have set out that the libel tended to provoke a breach of the peace. The RECORDER considered this objection fatal, and directed a verdict of
NOT GUILTY .
Before Mr. Common Serjeant.
MR. POLAND Prosecuted.
MATTHEW CHICK (Policeman M 225). On 25th October I was with Beale in Union Street, Borough, about 5.45—we were in plain clothes—I saw the prisoner standing under a lamp rubbing something between his finger and thumb—he went into the Albion public-house, and came out and looked round—I went under the same lamp—he then leaned against a fence at the corner of Bath Terrace—we went across to him, and I said, "What is that you had rubbing in your fingers and thumb just now?"—he said, "Nothing; what do you think?"—I said, "We are two police constables, and we are going to see—I seized his left hand, and he immediately put both his hands in his pockets—I seized his left, and Beale his right—after a desperate struggle I got his left hand out of his pocket, opened it, and found this parcel containing six counterfeit shillings separately wrapped in paper—Beale took something from his right hand which I did not see, and said, "This is a bad shilling"—he said, "Why don't you go across to the paper shop and get the other man?"—I had not seen any man with him—we took him to the paper shop, but there was no man there—on the road to the station he said, "A man whom I do not know gave me this parcel, told me to hold it, and said it was a parcel for my missis"—he gave his correct address at
the station, and next day he said, "I have got two men who can prove that you and your pal, "meaning Beale, "were in the Crown public-house yesterday, between 11 and 12 o'clock, and saw you give a man a half-crown, and you told him to go and buy this money and put it on me"—that is not true—I said nothing to that.
Cross-examined by the Prisoner. I have not got up the case for you.
WILLIAM BEALE (Policeman M 326). I was with Chick, in plain clothes, and saw the prisoner rubbing something under a lamp—he went into the Albion, and came out and went under the lamp again—I crossed over to him, and saw something bright in his hand—we both laid hold of him, and Chick took a packet from his left hand while I took a shilling from his right and put it in my mouth and said, "This is a bad shilling"—he was very violent and said, "Why don't you take the other man?"—I said, "Where is he?"—he said, "Over at the paper shop"—we took the prisoner there; the shopkeeper examined his till, but found no bad money—I said, "Has a man been here lately?"—he said, "I think not"—the prisoner was taken to the station, where I found a good sixpence on him—I went back to the fence where he had been standing and picked up another bad shilling with teeth marks on it, and wrapped in paper—that was where the struggle took place—it is not true that I was at the Crown the day before and got bad money and put it on the prisoner—I have not been into the Crown for years—I knew the prisoner previously.
WILLIAM JOHN WEBSTER . These six shillings are counterfeit, so is this one in yellow paper—this one found by the fence is also bad, and from the same mould as one of the six—counterfeit coins are rubbed over with lamp black to give them a tone, and paper is put between them to keep them from rubbing, and the lamp black is rubbed off before they are uttered.
The Prisoner called
JOHN O'DEE (Police Inspector). In consequence of a communication received from the prisoner, Sergeant Harvey and I went to Holloway Prison on 12th November, where he was waiting his trial—he made this statement—I took it down and he signed it. (This stated that a man named Rowley, who had had twelve months' imprisonment for uttering counterfeit coin, gave him the packet to hold, when he was pounced upon by the constables, who had brought the bad coin and put it on him.)
GUILTY .—He then PLEAED GUILTY** to a conviction at this Court in April, 1883, of having counterfeit coin in his possession.— Five Years' Penal Servitude.
MR. POLAND Prosecuted.
FREDERICK GRAY (Detective L). On 29th October, about 8.45 p.m., I was in Waterloo Road, and saw the prisoner and another man go into the Crown public-house; I looked in, and they were having a conversation with a man I knew—they came out, and the man left the prisoner and went into Kennington Road—I spoke to Sergeant Boswell, missed the other man in the crowd, and came back to the prisoner, who was within a foot or two of where I left him, and said "What are you doing here?"—he said "Waiting for a friend?"—I said "Where has that other man gone?"—he said "Across the road"—we took him to the
station, searched him, and in his left waistcoat pocket I found this packet containing three counterfeit florins wrapped up in newspaper, singly round each—I said "Have you got any more?"—he said "No"—I said "Where did you get these from?"—he said "That man gave them to me that left me"—I said "Do you know his name or where he lives?"—he said "No"—I said "Where did he go?"—he said "Across the road with another one"—I know that he went alone—the prisoner was charged, and made no reply; he gave his name and address.
MR. FRANCIS BOSWELL (Police Sergeant L). I was with Gray and saw the prisoner and another man—I watched the prisoner till Gray, who went utter the other man, came back—I then took hold of him and took him to the station, where three florins were taken from him—I have heard Gray's evidence; it is correct.
The prisoner in his statement before the Magistrate and in his defence, said that a man came up to him with a packet and, said "Put this in your pocket and wait till I come back"
GUILTY .†— Twelve Months' Hard Labour.
The Jury being unable to agree, were discharged without a verdict, and the ease postponed till next Session.
ADJOURNED TO MONDAY, DECEMBER 13TH, 1886.