CENTRAL CRIMINAL COURT.
HANSON, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment, denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 27th, 1887.
Before Mr. Recorder.
MESSRS. POLAND and GORE Prosecuted; MR. BESLEY Defended.
HENRY RICHARD GLYN . I live at 32, Eaton Place, and am a partner in the firm of Glyn, Mills, Currie, and Co., bankers, of Lombard Street—in June, 1884, the prisoner was introduced to us as a customer by the Union Bank of Manchester, and at his request we opened an account with him which continued till August, 1886—in August the account was overdrawn by 150l., and he then applied to us for a loan of 1,00l., offering as security deeds of freehold property in Manchester and Vauxhall—we made inquiries through our solicitors about those deeds, and subsequently gave him to fill up this form of deposit it is dated 6th September, 1886, and is signed "J. HARCOURT SMITH."(This stated that the securities left relating to property at Vauxhall, at Ardwick, Manchester, together with a bill of sale for 40l., were to be held for the balance due.) The bill of sale was on some furniture—the prisoner signed that form, and handed me a parcel of deeds and a bill of sale—those deeds related to the supposed freehold land at Ardwick. (One deed purported to be an indenture of 20th February, 1884, between Thomas Edward Cripps, of Whalley Range, and Charles Francis Haynes, of Ardwick Green, Manchester, conveying a plot of land at Ardwick Green in consideration of 860l., signed by both parties in the presence of Joseph Harcourt Smith. There was also a receipt for 860l. witnessed by Smith. The second indenture was a mortgage of the land on the 2nd Feb., 1884, between Haynes and George Newnes.) In addition to these there were deeds relating to the Vauxhall property and the bill of sale—on the faith of those deeds we advanced 1,00l. to the prisoner—we placed that amount
to his account—the greater part of it was afterwards drawn out by him—in December, 1886, he paid off 50l., and withdrew the Vauxhall deeds, leaving 500l. on the Ardwick property and the bill of sale; that was somebody else's bill of sale on some furniture—I agreed to allow the remaining 500l. to stand over till 6th January—in February, 1887, I applied to the prisoner for repayment of the 500l.; it was not paid, and I put the matter into the hands of Messrs. Murray and Co., our solicitors—on 1st March Mr. Newnes called and made a communication about the Ardwick deeds—I took him to our solicitors and left the matter with them.
Cross-examined. The amount of our loss is 50l. and interest, assuming that we realise nothing under the bill of sale—I can't say that the bill of sale was prepared by Messrs. Chester, Mayo, and Griffiths—I do not suggest that it is not a genuine bill of sale; we never attempted to realise it—our solicitors told us it was of no value as a security—the negotiation for the 1,00l. was on 6th September, 1886—at that time the prisoner's account was overdrawn 150l.—the cheque for 400l. was paid through the clearing—we had not authorised its being placed to his credit; I don't remember giving such a permission; it is conceivable, but I do not think so—I should say his account was overpaid on the authority of one of our clerks; it is quite possible I may have authorised him if the case was referred to me—there was no overdraft before the 400l. cheque; there was apparently 79l. in his favour—his turn over was something like 13,000l. a year—I knew that he was clerk to the Loan and Trust Mortgage Company; I believe that to be a very respectable Company—we were aware that he was in the employ of Mr. Newnes; that is, I was aware he had been on the staff of the Tit-Bits newspaper—his account was never opened with us; he was introduced to us by the Union Bank of Manchester when he came to London—we knew that he resigned the Secretaryship of the Loan and Trust Company suddenly; I forget the date; it was not very long before we had a suspicion about the deeds—I had no suspicion before Mr. Newnes came to us—I did not know that he had been suing Mr. Newnes—this was his private account; there was another account of the Mortgage Agency—he reduced his debt by paying 500l. in cash on 6th December—there were many large sums paid in and drawn out after the loan—I see one entry here of 6,700l.—we closed the account after Mr. Newnes called—490l. 10s. 2d. is owing to us—if he had repaid us there would have been a surplus of 10l.—I do not think if he had also paid the 10l. that he would have been entitled to the bill of sale, because that was lodged as security against the loan—if he had paid us all he owed we should certainly have given him the bill of sale—when we closed his account I believe it was in credit to the extent of about 17l.—on his paying us the difference, 483l., he would have been entitled to the bill of sale and these deeds.
Re examined. This (produced) is the bill of sale—the actual loss to the bank is about 480l.—if he had paid that he would have been entitled to have the deeds and the bill of sale.
GEORGE NEWNES .—I live at Wildcroft, Putney Heath, Surrey; I am a Member of Parliament and also proprietor of Tit Bits—I was carrying on that publication at Manchester—in the middle of 1882 the prisoner entered my service—before he came to me he was managing clerk to
Messrs. Craven and Brett, solicitors, at Manchester—he was my manager at a salary of 450l. a year—he remained in my service till February, 1885, and I always had the highest confidence in him—in February, 1884, while I was in Manchester, I had 500l. to invest, and I spoke to the prisoner about advancing it upon some freehold property, and I left him to carry out the transaction—he told me the property was in Copenhagen Street, Ardwick, near Manchester—I then told him to go and inspect it and report on it, and after that he said he had seen it, and it was an excellent investment at 5 per cent.—I then told him to carry out the transaction; I employed no solicitor, I left it entirely to him to get the deeds and do everything for me—he said he had examined the title and he was satisfied—I then gave him this cheque for 500l.; it is endorsed by him. (This was a cheque on the Consolidated Bank to the order of "Mr. Joseph Smith.") I cannot be sure whether up to that time he had mentioned where the property was, or who the vendors were—I left the whole matter entirely to him—after I paid him that cheque he gave me what purported to be the deeds—they appeared all right, and I told him to put them in the Consolidated Bank at Manchester, and I thought he had done so—I regularly received the interest through him—in June, 1884, I removed to 83, Farringdon Street, and I told the prisoner to get the securities from the bank at Manchester and lodge them in the Capital and Counties Bank in London—I had written them a letter authorising them to give up all securities to him—he continued in my service till February, 1885—I received my interest from him during that time, and I believe I got some interest by cheque from him after he left—I know nothing of Mr. Cripps or Mr. Haynes—I left the whole matter in the prisoner's hands—in March, 1886, I was desirous of calling in the mortgage, and I directed my clerk Mr. Woods to write to the prisoner—this letter of the 31st March, 1886, is in the prisoner's writing. (This enclosed a cheque for 30l. 7s. 9d. for the interest, and stated that he held a power of attorney on behalf of the mortgagor who was abroad.) Upon that I communicated with my solicitors, Messrs. Pitts and Savage, and they were to arrange to pay off the mortgage—I was to pay 50l. and take a transfer of the mortgage—the attesting witness to this conveyance is in the handwriting of the prisoner, and so is the attestation to the signature of the mortgagor Haynes—my solicitors obtained the 500l., and I then transferred the mortgage to the prisoner by this deed—in September, 1886, I had a clerk in my office named Pearson—the questions on this requisition appear to be in the prisoner's handwriting, and the answers are written by Pearson—at the bottom there is also, in the prisoner's handwriting, "Answered personally by Haynes at office"—the abstract of title is signed by the prisoner I should say, but I could not swear to its being his writing so much as the others appear to be—I gave my solicitors authority to get these deeds from my bank—I knew the prisoner as Joseph Smith.
Cross-examined. The publication of Tit Bits commenced some time before 1882—a competition for a prize of 10l. was won by the prisoner—that is how I came to know him, and then I thought he might be a regular contributor to Tit Bits, while he was at Brett and Craven's he contributed to Tit Bits—I then offered him the management of it—it was, probably, a year after the competition that he became manager—from 1883 I had money to invest, and I employed the prisoner to invest it for me in the names of Fish, and Clyde, and Banks, and various other
names—it involved large sums—he conducted the whole of the matter—that went on to within two or three months of his leaving—I had no cause to complain of him with the exception of this one case; on the contrary I had the greatest admiration for the way he conducted the business—Haynes' name was brought to my knowledge as early as February, 1884—this cheque is dated 18th February, and this letter is the 19th February—I, probably, knew the name of Haynes a few days before I sent the cheque—I am familiar with Manchester—I did not know that there was no Copenhagen Street there—Ardwick is a very large district of Manchester—the prisoner ceased to do any work for the paper as early as February, 1885—there was an action for his salary and wrongful dismissal, and I paid him down to February, 1885—I afterwards stated in a letter to him that I parted with him rather in sorrow than anger, that was my feeling—from Christmas, 1884, to March, 1886, I had received no interest from the prisoner, and about 30l. was due—I found that there was something wrong in the description of the deeds, but I did not imagine for one moment that Copenhagen Street was not there—if I had had any knowledge of any forgery or wrong I would not have accepted the 500l.; I didn't believe but what the property was there, but I thought there was something wrong with the deeds—that information came to me somewhere about March, 1886—the prisoner was then spoken to about this, and he said he would take the mortgage over himself as he knew it was perfectly right—my solicitors completed the transfer in July, 1886—this is their bill (produced)—that would reach my hands about the same time—I believe I was in Manchester when I first saw the deeds upon which the advance was made in February, 1884—I don't know whether I was told at that time that Haynes was going to the Cape—I could not really say when I first heard about the Cape—the prisoner is married and has a family, he has visited me when I was living at Ealing—I know that after this money had been paid to me, Messrs. Pitts and Savage retained the requisition of title and the abstract of title—I would not express an opinion whether it is usual to give those documents up upon the transfer of a mortgage—I put myself in communication with Mr. Glyn, and he showed me the deeds, and I inspected them—I did not see the deeds in the hands of Pitts and Savage till after that—Pearson has been constantly writing in my presence, daily—I don't remember saying at the Mansion House that I didn't recognise the answers on the requisition as the writing of Pearson—I don't remember being asked that—during the last few days I have communicated with Pearson as to why he wrote them—after Mr. Netherclift had been employed by the prisoner to look at the writing, then I knew it was Pearson's handwriting, but not before—I did not know these deeds were at Glyn's, but I was informed Messrs. Glyn had advanced 1000l. upon some documents upon which my name appeared, and I went to see them—when I send securities to the bank I always get an acknowledgment back from them—I have not got the receipts from the Manchester Bank—they say they cannot find ever having received any of these deeds—I got a list from the Capital and Counties Bank after the deeds were transferred to them—I could not say that I found these very deeds in that list.
Re-examined. At the time I wrote the cheque for the 500l. I was at Ealing—I cannot say when I first heard the name of Haynes mentioned
in connection with this property, but from that letter it is clear I heard the name some time before the 19th February, 1884, and it must have been from the prisoner.
By Mr. BESLEY. I left Manchester for London six months after that, and I, probably, went down there two or three times afterwards.
THOMAS JAMES SAVAGE . I am a solicitor, and a member of the firm of Pitts and Savage, of London Road—we have for some time acted as solicitors for Mr. Newnes—in July, 1886, I received instructions from him as to a supposed mortgage of the Ardwick property—I got authority from Mr. Newnes to get from his bankers this conveyance from Cripps to Haynes, and also the abstract and requisition of title—I am acquainted with the prisoner's writing—the questions in the requisition I believe to be in the prisoner's writing—in consequence of what Mr. Newnes told me I communicated with the prisoner, and saw him several times at my office—Mr. Newnes handed me a letter from the prisoner asking to be allowed to examine the transfer of property, and I then wrote to him; he wrote to me the letter that has been read, and this is my reply—it was arranged that a draft of the mortgage to him should be made, and that he should take it over—before the completion I made inquiries as to Cripps and Haynes—I went to Manchester, and made inquiries through a solicitor there—I did not go to Ardwick—I was not able to learn anything about Cripps and Haynes—I saw the prisoner on 23rd August, after coming back from Manchester—I told him what I have just stated with regard to my inquiries at Manchester—he then said that the mortgagor was a personal friend of his, and that he (the prisoner) had been collecting the rents of this property under a power of attorney for Haynes—I told him I believed the property and the mortgagor to be fictitious; he said the property was a most eligible security, and that he was anxious to get a transfer of it—I ultimately received a cheque from him through the post for 574l. and interest and costs, and I forwarded him the deeds B and C, also the requisition and abstract of title—he asked for them, and threatened proceedings by letter and also verbally; I declined to give them—this letter of 24th August, 1886, is my writing.
Cross-examined. Mr. Hankinson was the solicitor at Manchester that I went to see; I went no further—I told Mr. Newnes exactly what took place at my interview with the prisoner—I told him what my belief was, after I had been to Manchester—when a transfer of mortgage takes place it is usual to give up all the papers connected with the transaction—Mr. Newnes handed me a letter from the prisoner dated 28th July, 1886—the transfer had not been completed till the cheque of 27th August, 1886—this letter was my first knowledge of his wanting a transfer of the mortgage—I looked into the matter, and found that he had given the reason that the loan was for a certified time—I proceeded to get the money for him and prepare the transfer—he objected to the form of the transfer—I would only waive any objection on his signing this document (marked J)—I saw him sign it on 23rd August, it was prepared in my office. (This stated "I am willing to accept a transfer on the understanding that it is in statutory form.") I made an objection to the amount of the stamp—I wanted the transfer to show on its face the irregularities in the title—I filled up the body of it and he signed it—I do not remember whether the documents were done up in brown paper when I got them from the bank—the abstract and requisition were included—I believe they were in a
parcel—I got a cheque from the prisoner's wife, and I sent the deeds without these two papers—I explained to the prisoner why I did not give them up—I next saw the prisoner I think in October, but we had some correspondence after the cheque was sent—the prisoner was perfectly satisfied with the security, and at that time he was actually collecting the rents of the property—I did not think it necessary to investigate the matter further, as he was anxious to get the transfer—the offer was made by the prisoner—I don't think any offer was made by Mr. Newnes—on 20th August my partner by telegram pressed him to come and settle at once—I believe I was at Manchester on the 19th—on the 23rd was the agreement for the statutory form, and on the 27th was the money—I think I saw his writing more than once; I think he made some pencil memorandum on the form of transfer, but I am not certain—I rely on his signature and numerous letters I have had from him—the prisoner stated that he would bring an action if I did not deliver up the abstract; he also reduced it to writing—these letters (produced) are in the prisoner's writing. (A letter of 2nd October stated "I hold your firm personally liable for any loss I may incur for fresh abstracts if yours are not forthcoming.") He threatened the action subsequently, when he called.
Re-examined. The signatures to these letters are the prisoner's—this one of 23rd I actually saw him write in my office—I think he told me that Mr. Haynes was in America—no action was brought on our keeping the requisition and abstract—when this inquiry took place I produced them.
WILLIAM HENRY PRIEST . I am manager in the copying department of Hooper and Sons, stationers, 69, Ludgate Hill—the copying all passes through my hands—these deeds (B and C) were both engrossed in my office on 25th September, 1884, for J. Smith, of 83, Farringdon Street—I have an entry in my book—this abstract was also copied for the same person on 29th September, 1884—this mortgage of Haynes to Newnes (C) has the Somerset House stamp of 3rd October, 1884—the work was done in the ordinary course and paid for at the time.
CYRIL ARTHUR PEARSON . I am now manager to Mr. Newnes, of the Tit Bits newspaper—I have been in his employ since 15th September—this requisition of title is in the prisoner's writing—I have constantly seen him write; the signature is his—he called me down from an upstairs room at 83, Farringdon Street, into the office, and asked me to help him with his work, as he frequently did—he read the questions to me and dictated the answers, which are in my handwriting—I cannot say on what date this was; it was some time between 15th September, 1884, and next year—no one else was present that I am aware of—Mr. Haynes was not present—the attestation to these deeds (B and C) are both in the prisoner's writing, as far as I know, and the date also.
Cross-examined. I did not attend at the Mansion House—I have seen the conveyance and mortgage before to-day—I saw them at the Capital and Counties Bank some time ago, I cannot tell the exact date; it was while Mr. Newnes was in possession of the deeds, I believe—these are the deeds I then saw—at the time the prisoner asked me to do this I knew nothing about the case, I merely did what he dictated to me—I believe the paper was as it is now, with the exception of my handwriting—I filled up the blanks at his dictation—he gave no explanation as to why I was to do it—I had not the slightest idea that this writing had
anything to do with the case—I knew last week that Mr. Netherclift, the expert had been shown some of my handwriting to compare with the requisition—when the papers were shown to me I said that I had written the answers.
Re-examined. I believe Mr. Netherclift was employed on the other side.
ERNEST DENT VASEY . I am manager at the Capital and Counties Bank, Ludgate Hill branch—Mr. Newnes kept an account there, and I knew the prisoner as his confidential clerk—I believe Mr. Newnes' account was opened in June or July, 1884—after that I used to see the prisoner from time to time on Mr. Newnes' business—these deeds (B and C) were deposited with me on behalf of Mr. Newnes—I have an entry in the book—the outside date on B was left blank; I filled it up in my own writing—I also had the abstract and requisition—we held them as bankers for Mr. Newnes until 30th July, 1886, when they were given up to his solicitors.
Cross-examined. I had several deeds before these were deposited—I did not know that they came from Manchester—the prisoner deposited deeds for Mr. Newnes from time to time, I don't remember his taking any away—I believe they were all brought by the prisoner—I don't know that any were brought by Mr. Newnes.
CHARLES FREDERICK MURRAY . I am a solicitor, of 11, Birchin Lane, and am one of the firm of Murray, Hutchins, and Stirling, solicitors to Glyn, Mills, and Co., bankers—in the beginning of this year we were consulted by Messrs. Glyn Mills about the loan of 50l. which remained unpaid on these deeds—I made inquiries on the subject—on 11th March, 1887, I wrote this letter to the prisoner for payment. (This stated that, having made inquiries, they were unable to find such persons at Charles Francis Haynes or Cripps or any such property as was represented.) On 7th March, 1887, I received this reply, stating that he would go down and investigate the matter—on the 17th I wrote again, stating; that unless we received satisfactory information we would take such steps as we might be advised—some time afterwards I saw the prisoner, my clerk, Styleman, was present—I showed the prisoner the deeds B and C, and the signatures to the attestation—I don't think he made any remark about his handwriting, he treated it as a matter of form—I made this memorandum of what passed at the time on 22nd March. (Read: "Haynes had gone to the Cape about three years ago. Cripps and Haynes came together; I was acting for Mr. Newnes. Mr. Newnes lent the money to Haynes. I acted for Haynes, who wanted to borrow money on the property. I did not prepare the conveyance of Cripps to Haynes, Haynes brought it to me; they brought me the conveyance unstamped. I believe Mr. Newnes was not present when the deed was executed; it was executed on 20th February; there were two abstracts with the deeds. I handed the 50l. to Cripps, and Haynes provided the 26l. Very likely I received the 50l. from Mr. Newnes before the execution of the deed. I did not see the property, and never made inquiry as to the addresses on the mortgage. I know Pitts and Savage; he said they had made inquiry about the property and could not trace it, but I did not think it worth while to make it myself. I knew of the result of the inquiry before the result of the mortgage. I deposited the deeds with Glyn's.") That is the substance of what he stated to me—it was in answer to questions b—except
what is down there I had no information from him with regard to Cripps and Haynes—I had inquiries made by my correspondent, for Glyn's—I could get no information about the estate or the persons referred to, Haynes and Cripps—there was a bill of sale for 450l. given as part of the security, that was repayable by monthly instalments of 8l.
Cross-examined. I don't think I asked him about his writing when the conversation took place, I assumed it from what he said, and from his manner—there was no question as to his having put his name to the deeds as a witness, no attention was called to it in particular.
By MR. POLAND. This letter of 4th April (marked O) is signed J. Harcourt Smith. (This alleged that he had been a victim of an ingenious fraud with respect to the property in question.) I continued my inquiries, and ultimately the matter was put into the hands of Mr. Mullens, the solicitor to the Bankers' Association.
By MR. BESLEY. I produced the deeds to the prisoner, and he had them in his hands—the conversation referred to the deeds as being the deeds upon which the money was advanced in 1884—no special attention was given to the deeds being engrossed—I knew that he had taken away some portion of the deeds originally deposited—that was for the 500l.
ARTHUR WILLIAM STYLEMAN . I was present when Mr. Murray was there and made notes of the conversation—I remember the two deeds being produced and shown to the prisoner, who looked at the attestation, and either Mr. Murray or myself asked him if that was his own hand-writing, and he said it was—that was the attestation to the deeds B and C.
Cross-examined. We knew nothing of any other deeds—I had to make an affidavit very shortly afterwards while the facts were fresh in my recollection, and I remember the deeds being handed to him—it was not in reference to the original deeds that he said he believed it was his handwriting, there was no conversation about any original deeds—these deeds were produced (we knew of no others) and shown to him, and he said it was his signature—the question was not put about any other—special attention was called to the signature to the attestation, and he said it was his.
Re-examined. Afterwards he was called upon and questions put to him about persons and property, and his statements were taken down.
THOMAS HARRISON . I am cashier of the Union Bank, Manchester—I knew the prisoner when he lived in Manchester—I recollect he called at the Bank on 20th February, 1884, with this cheque for 500l., which he handed to me, and asked me to collect it; I did so—he called later on in the day and said he would leave a portion of it, and open an account with 450l—he withdrew 50l., and I transferred the balance, 450l., to his credit, in his name—he afterwards drew on that himself in the usual way—the balance was transferred to his account with Glyn, Mills, and Co.
Cross-examined. The prisoner drew a number of cheques after 20th February 1884—the transfer to Glyn Mills was made on 5th June, 1884—th account only existed about four months—after making payments out we sent 165l. 14s. 11d. to Glyn Mills.
Re-examined. The account shows he got the full benefit of the 500l.—this is a correct copy of his account.
as Copenhagen Street at Ardwick Green, near Manchester—I do not know the name of Charles Francis Haynes; as postman I should know it.
MOSES ALSTON . I am inspector of police for the Manchester Division, and I have been 25 years in the county police, and 19 years stationed at Whalley Range—I know no such person as Thomas Edward Cripps—I have made inquiries, but can find no such person in that district.
JOHN GREGORY . I am foreman of the yard of the Alexandre Park Stables at Manchester—I have known the district of Whalley Range, where our stables are, for 25 years—I know no such person as Thomas Edward Cripps—I have made inquiries, but cannot trace any such person.
WILLIAM JOHN FLUISTER (City Detective Sergeant). On Friday and Saturday I went to see James Dalton Andrews, who gave evidence before the Lord Mayor at the Mansion House—he was prostrate and unable to travel—I produce a medical certificate that his medical man signed in my presence—I was present when he was examined at the Mansion House; he was sworn—some one attended on behalf of the prisoner, and had an opportunity of cross-examining Andrews.
(The deposition of James Dalton Andrews was here read as follows). "I reside at Lymm, in the county of Cheshire—I am clerk to the overseers of Ardwick, a township of Manchester—I have been clerk to the overseers about 14 years—I am well acquainted with Ardwick—I do not know any such street as Copenhagen Street, Ardwick—I have never heard of it—if there had been such a street I must certainly in the course of my duty have known it—my rate books contain the names of the owners of all property in Ardwick—I have searched and cannot find the names of Thomas Edward Cripps or Charles Francis Haynes in those books—if either of them had owned property in Ardwick their names must have appeared in the books.
Cross-examined. I have searched the books very carefully. Miles Platting is in Manchester, not in Ardwick."
Witness. I arrested the prisoner on 28th April in Fleet Street—I told him I was a detective sergeant and held a warrant for his apprehension—he said "What for?"—I said "For uttering a forged deed on Messrs. Glyn Mills, the bankers; I will read the warrant to you"—he said "No, I have been in communication with Messrs. Glyn on this matter, and I did not think they would take these extreme measures; a Mr. Newnes formerly held the mortgage, but I paid Mr. Newnes off, and it comes very hard on me."
WILLIAM HENRY DISNEY . I am clerk to Messrs. Mullens, the solicitors conducting the prosecution—after the communication at the Mansion House Mr. Netherclift, the expert in handwriting, came on behalf of the prisoner to our office to see these deeds, and I showed him B and D, the requisition, abstract, cheque for 50l., and several of the letters.
Cross-examined. Mr. Netherclift did not show me some of the hand-writing of Pearson, he showed me nothing—it was after that I learnt that Pearson was alleged to have signed the answers to requisitions.
THOMAS JAMES SAVAGE (Re-examined by MR. BESLEY). I have not seen before the letter F addressed from Crossbright to Mr. Newnes, manager, "I hold a power of attorney on behalf of the mortgagor, now abroad"—he said he had collected rents under a power of attorney; I have a distinct recollection of that.
The prisoner received a good character.
GUILTY. Recommended to mercy by the Jury on the ground that if he had had time he would probably have repaid the debt .— Twelve Months' Hard Labour.
MR. LYNE Prosecuted; MR. PURCELL Defended.
MARY ANN GIBSON . I live at 20, Prince of Wales Crescent, Kentish Town, with my mother-in-law—on 23rd April I went into my room on the ground floor, where I slept, at 11, and went to bed—a few minutes after 11 I heard a knocking at the street door, and then heard the door fly open and hit the wall, and then some one tried the door of the room that I was in—I commenced screaming, and some one in the passage called out "What is the matter?"—then I heard some one turn to the street door and try to fasten it, and I heard a man say "I am going to bed"—I heard a man's footstep going up the stairs, and I ran out into the street and called for Mr. Walton at No. 22, next door—he came in, went upstairs, and brought down the prisoner and detained him until the policeman came—he was asked why he was there, and he said he did not know; he had made a mistake—he was quite sober—he was kept till my brother-in-law came home, and given into custody.
Cross-examined. The noise I heard at the door was not kicking at it—I was not asleep—I heard three distinct knocks at the door—my sister was the last to close the door, it was only latched—my room was the front room—Armwood Street is very near the Prince of Wales Crescent—we have lodgers at our house—they are working people—our street is not so long as Armwood Street—I did not speak to the prisoner when he was brought downstairs, the men did—directly he was asked what he wanted there he said "I don't know, I have made a mistake; I thought I was at home"—he tried to get away.
HERBERT WALTON . I live at 22, Prince of Wales Crescent, next door to No. 20—on the night of 23rd April the last witness came and called me; I went next door, taking a lamp in my hand—I went upstairs and found the prisoner on the second floor, sitting on the side of a bed without his coat and waistcoat—I asked him what he was doing there—he said he was going to bed—I told him he had made a mistake, that he did not live there—he said "If I have made a mistake I had better be going"—he got up, put his coat and waistcoat on, and came towards the door; I stood in front of the door to stop him from going down till assistance arrived—he went downstairs between me and Mr. Greenop—at the bottom of the stairs he was rather restless and made for the back door, which was bolted—he came back, and by that time the constable had arrived and he was given into custody.
Cross-examined. He made the motion when sitting on the bed of undoing his trousers.
Cross-examined. The street door was simply latched.
ARTHUR FULLER (Policeman Y 294). I was called to 20, Prince of Wales Crescent on 23rd April—the prisoner was given into my custody—I asked him what he was doing there, and he said he came from different
places—he said ho came from Fulham—he was sober—I examined the door and found the lock was broken.
Cross-examined. The latch was forced I know—he was perfectly sober—his saying he came from different places satisfied me he was sober—he did not say I have made a mistake nor anything of that kind—I have since heard he lived in Armwood Street, a street in the same neighbourhood.
NOT GUILTY .
678. CHARLES CLARKE (25) , to stealing 125 yards of cashmere, the goods of Brown, Davis, and Co., after a conviction of felony in September, 1885.**— Twelve Months Hard Labour . [Pleaded guilty: See original trial image.]And
NEW COURT.—Monday, June 27th, 1887.
Before Mr. Common Serjeant.
680. FREDERICK HENRY GREENWOOD (21) PLEADED GUILTY to stealing two post letters, containing five bank-notes and 24 postage-stamps, the property of Her Majesty's Postmaster-General.— Twenty Months' Hard Labour.
681. WILLIAM FIELD (55) , to stealing, while employed in the Post-office, a packet containing a half-crown and a watch, of Her Majesty's Postmaster-General.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
682. FRANCIS RICHARD BARROW (39) , to five indictments for stealing, while employed in the Post-office, five letters containing money-orders and other articles, and to three indictments for forging and uttering the said money-orders.— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
683. CHARLES WALFORD (15) , to unlawfully uttering counterfeit coin twice in the same day.— To enter into recognisances to come up for judgment when called on. [Pleaded guilty: See original trial image.]
684. WILLIAM EDWARDS (15) , to unlawfully selling counterfeit coin. He received a good character.— To enter into recognisances to come up for judgment when called upon. [Pleaded guilty: See original trial image.] And
685. THOMAS FLANNAGAN (25) , to feloniously having counterfeit coin in his possession with intent to utter it, having been convicted of a like offence at this Court in February, 1886. (The police stated that the prisoner had been connected with a gang of coiners for many years past, that he was known as "Bendigo," and was in the habit of supplying boys with counterfeit coin, and had supplied the prisoners Walford, Edmunds, and Home (page 198) and that he had been frequently convicted of assaults upon the police.— Twenty Years' Penal Servitude . The Court commended the conduct of the officers Conter, Stacey, and Neave. [Pleaded guilty: See original trial image.]
MR. WILKINSON and MR. BIRON Prosecuted.
he gave me a half-crown which was rather slippery; I showed it to the head barman, who tested it, and the prisoner ran out of the house.
CHARLES DONOVAN . I am barman at the Two Bells—Kean handed me this half-crown (produced), I tested it and found it was bad—I went to the prisoner and said "Did you give this to the barman?"—he said "No," and ran out—I ran after him for a quarter of a mile and kept him in sight, and as he met a policeman I saw his hand go up as if to throw something away towards the houses, and I heard something bounce—I gave him in charge, took him to the station, and then went back with Clifton and saw him find this half-crown (produced) on a roof at the back of two other roofs.
WALTER WELLERTON (Policeman H 72). On the night of 14th May Donovan spoke to me and I saw the prisoner running; I followed him up Colchester Street, he put up his right hand as if to throw something over the roofs of the houses—he was given into my charge, and after the inspector read the charge to him at the station, he asked to speak to Kean—I went back to the place where I saw him throw away something, and Clifton found this coin while I was searching another part of the roof.
FRANK CLIFTON (Policeman H 258). I was at the station when the prisoner was brought in—I afterwards went with Donovan and Kean to Colchester Street and searched the roofs of some sheds 20 or 30 feet high, where I found this half-crown.
The prisoner in his statement before the Magistrate said that he met a shipmate who owed him money, and who paid him half-a-crown and took him in to have a drink but ran out, and the publican then accused him, the prisoner, of passing a bad half-crown, but he told him he had not passed anything, but that a shipmate came in to treat him, and that a lad said "That is not the man, he had a white handkerchief on," and that as he felt suspicious about the half-crown the man had given him, he threw it away.
CHARLES KEAN (Re-examined). No one came in with the prisoner; he called for the ale, nobody else—he came in all of a rush, when I had not served any one for five minutes—the prisoner did not say that he had not given the governor anything yet, but that a shipmate had come in to treat him, nor did a lad say "No, that is not the man, he had a white handkerchief on."
The prisoner received a good character.
GUILTY of uttering only .— Judgment respited.
MR. WILKINSON Prosecuted.
WILLIAM COX . I live at 8, Wickham Street, Paul Street, New North Road, Hoxton, and am a scavenger—I have seen the prisoner several times—on the morning of 2nd June I went into an ice cream shop at 32, Jewin Street, and the prisoner came in—I had seen him there before—he took a packet of bad money out, and said "Will you buy this 1l. worth for 2s. 9d.?"—we were sitting in a corner by ourselves; no one could hear us—when I declined he said "Will you change a two-shilling-piece, and I will give you 1s. 6d. out of it?" and took a florin
out of a roll and showed it to me—I said that I would not, and he then asked me if I knew two boys who would take a sixpenny ride in the tram and change money for him—I said I did not, and then I came out, and told a constable—the coins were each done up in tissue paper just as they are now.
Cross-examined by the Prisoner. When you came in I was in a corner—I was not lying down—I did not say when you pulled the coins out "Oh, you have got some money, you might as well treat us," nor did I say "I know a place in Alderegate Street where they will be sure to take it"—I did not say when you showed me a two-shilling piece "Give me one, I will put it on Johnny"—he is the ice cream man who serves behind the counter—Johnny might have known you had these bad coins for all I know—I did not say when you came in "What do they run at for 1l.?"—you mentioned a half-load—I don't know what that is—you asked me to buy 1l. worth for 2s. 9d., and I declined.
The Prisoner. A half load is 10.
ROBERT TURNER (City Policeman 178). On 2nd June Cox gave me information—I went to 32, Jewin Street, and saw the prisoner there—I said "I believe you have got some bad money on you"—he said "I have not"—I said "Turn you pockets out," and he turned out one, which was empty—I then said "What about the other?"—he said "All right; I will let you know about the others; I have got some"—I took him to Moor Lane Station, searched him, and found these 25 florins in his left trousers pocket, done up in four packets, with paper between each florin, and eight shillings in the same pocket done up in the same manner—before the Alderman he said "If I can clear myself will I get clear?"—he was asked his address at the station—he said "I refuse to give my address, as my mother is ill; she has been confined"—he was charged before a Magistrate the same day, and asked to be allowed to make a statement in private, which he did in my presence, and I took down what he said—this is it: "Yesterday afternoon I met a man who makes this bad money in Hoxton Street, Ivyhouse public-house—we went there in St. John's Road, and a gentleman came in with him, very fair, and had a conversation with him, after which the maker's foreman told me that this man wanted 20 load to take to Manchester Races with him, and that I was to go to a man named John Brampton, and to bring them away with me, and he would give me 1s. 6d. for my trouble, and I was to have met him this morning at the ice cream shop in Jewin Street, when the officers came in and took me to the station before the man came."—I found a good half-crown upon him—he said to the Magistrate "If I can bring the makers to justice will you let me off?"—the Magistrate said, "I cannot make any promise of the sort; you need not say anything unless you like"—that was a voluntary statement on his part.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these 25 florins are all counterfeit; 13 are from one mould and 12 from another—these eight shillings are counterfeit, and from three different moulds—when counterfeit coins are finished and ready to be put into circulation they are rubbed over with something black, and then put in tissue paper, and as they are taken out one by one they are rubbed on the coat to take the black off—a load is 20.
Cross-examined. Good makers at one time used to get 3d. and 4d. a piece for florins and half-crowns.
Witness for the Defence.
GEORGE HORNE . I live at 28, Ivy Street, Hoxton, and work for Mr. Summerville, an assistant agent, of 26, Aldermanbury—on the night after my brother was taken, a young fellow came to our house and asked if Harry was in—I said "No"—he then asked if he would be long—I said "I do not know; will you call again or leave any name?"—he said "I will call again"—I followed him to Kingsland Club Chambers, and missed him in Hoxton Street—from the description my brother gave me I should say that man was Brampton.
The prisoner in his defence stated that he had no intention of passing the coins; that Brampton gave them to him to clear a debt of five shillings, and said he would give him 1s. 6d., Bendigo (See p. 197) being with him, and that it was no use believing Cox as he had been on the same game himself.
GUILTY.— Judgment respited.
OLD COURT.—Tuesday, June 28th, 1887.
Before Mr. Recorder.
688. ISABEL SMITH PLEADED GUILTY to unlawfully publishing a libel of and concerning —Godwin .— The defendant promised not to repeat the offence, and entered into her own recognisance in 10l. to appear for judgment if called upon. And
MR. GEOGHEGAN Prosecuted; MR. BURNIE Defended.
JOHN BECKHAM . I live at 13, Jersey Street, Ashton-under-Lyne, and am manager to Mr. John Hopwood, who is the freeholder of 11, Warrington Street—In February last the prisoner took two rooms at that house at 3s. 6d. a week—I called there while he occupied them—I saw the name of Holroyd and Co. on a bill on one door, and "Joseph Raspin, agent," on the other—he remained there till May—I saw no one but the prisoner in those two rooms—I never saw a Mr. Holroyd, I only knew the prisoner as Raspin.
Cross-examined. It was a weekly tenancy—I was only at the place three or four times; he generally came and paid his rent to me, when any was paid.
JOSEPH NIGHTINGALE . I am a police sergeant at Ashton-under-Lyne—I have lived there thirty-five years—I know no persons of the name of Holroyd and Co.—I have been to 11, Warrington Street, several times—I saw the rooms spoken to by Mr. Beckham—I searched them, and found several bills, two of which I produce—this placard was outside one door, "Holroyd and Co., paper makers," the other is "Joseph Raspin, agent"—I found similar bills in the same room.
FREDERICK WADDINGTON . I live at 13, Beacon Hill—I carry on business as a paper stock merchant at 21, Lime Street—about 17th February I saw this advertisement: "Wanted by a gentleman calling on paper makers in Yorkshire and Lancashire district, an agency in rags and other materials; address 16-68, opposite this journal"—in consequence of that I wrote to that address, and about 25th February the prisoner called upon me—we had a conversation about the advertisement,
and we finally came to terms upon which he was to represent me; he was to receive 2 1/2 per cent. on all sales in Lancashire and Yorkshire—some few small orders came in, which I executed—I know the prisoner's handwriting—on 8th April I received these two memorand. (The first dated that he had received an order from Holroyd and Co., who he knew to be a respectable and trustworthy firm, having largely represented them. The second memorandum enclosed the order dated April 14th, the account to be paid by a bill at four months.) On receipt of that order I sent off, about the 15th, six tons of wet rags, value 16l. 10s., to Devonshire Street station to Holroyd's order; I also sent a bill to be accepted, which the prisoner returned by post. (The bill was dated April 20th for 86l. 19s., accepted by Holroyd and Co., payable at Smith, Payne and Smith's, bankers, London.) After that I sent a further instalment of 15 tons 15 cwt.—on 28th April I received this memorandum from the prisoner dated the 27th: "Mr. Holroyd has called this evening and stated that, owing to a sum of 500l. having been called in, for which he was liable for a friend, he had been obliged to suspend payment; this is his first transaction, he has no desire to take you in; if you will return his acceptance he will return your goods and invoice; I thought it very honest of him; it is useless our making a bad debt when we can avoid it; with respect to the goods lying at Devonshire station, I will get them unloaded to save demurrage, and when I settle that matter I will re-offer them again on my own account"—the goods there mentioned were the 15 tons—I wrote to him, and in reply received this. (Read: "If you had acted promptly you would have got the six tons back; you did not do so, and as they were refused by the firm they were s-nt to, he re-sold them to me; it is entirely useless proceeding further in the matter; do as you like, but I shall accept no responsibility; enclosed is the invoice.") About 24th April I received this memorandum from Holroyd and Co.—about 11th May, in consequence of a communication I received, I went to Ashton-under-Lyne, and called at 21, Warrington Street, the address of Holroyd and Co.—I did not find any Holroyd and Co. there, it was a butcher's shop; I then called at No. 11 twice, but never saw Holroyd and Co. there, or the prisoner—I don't believe there is any such firm in existence—it was solely on the prisoner's representations that I parted with my goods—I have since disposed of the 15 tons to the Atlas Paper Mills Co.
Cross-examined. What I have actually lost is the six tons, and the cost of disposing of the others—the bill is not due yet—I saw the name of Holroyd and Co. on a piece of paper at No. 11—the prisoner did not tell me he was acting as a general agent, he was to sell for me only and for another firm at Edinburgh.
Re-examined. Wet rags deteriorate by being kept—I had to remove the 15 tons at twenty-four hours' notice, which put me to a considerable loss—they were sold to the Atlas Company at 1l. 2s. 6d. a ton, the proper charge being 2l. 15s.
JAMES ALLEN . I am manager to the Atlas Paper Mills at Ecclesford, Yorkshire—I know the prisoner—between the 10th and 14th April he called on me and said he had from 15 to 20 tons of rags for sale, to the order of Holroyd and Co., of Ashton-under-Lyne—I agreed to take two tons as a sample, and if they came right I agreed to take them all—he sent five tons instead of two, which I worked up—he said nothing to me about Mr. Waddington; he said he was selling for Holroyd and Co.—I
did not pay him, our terms are three months, but before that time expired Mr. Waddington called on me and said the prisoner had got the goods under false pretences—I bought the other 15 tons lying at Devonshire Station from Mr. Waddington—I agreed to pay the prisoner 3s. 7d. a cwt., or 22s. 6d. a ton—wet rags deteriorate by keep.
Cross-examined. I agreed to pay 3s. 7d. a cwt. before I received the five tons, but they were not up to sample, and the prisoner agreed to take 22s. 6d. a ton.
FREDERICK DOWNES (City Police Sergeant). On 8th April I apprehended the prisoner on a warrant at Crewe for obtaining six tons of goods—he made no reply—on the way to London he said he had never bought any floods of Messrs. Waddington, he was their agent.
GUILTY .— Twelve Months' Hard Labour.
MR. GOODRICH Prosecuted.
WILLIAM THOMAS MESSENGER . I am in the employ of Fuller, Horsey and Co., auctioneers, of Billiter Square—I have known the prisoner for a long time as being in the employment of Mr. Barnard, who is a relative of my principal's—on 14th June the prisoner came and handed me this cheque for 22l. 17s., drawn by James A. Ray Fenton on the Imperial Bank, Lothbury, in favour of Messrs. Barnard and Co.—it was an open cheque—he said, "Can you change this for Mr. Barnard?"—I said, "I don't know; the governor is away and the cashier is away; I will see what I can do"—he said, "If you can't do that, can you give me a smaller cheque?"—upon that I went and got the money and handed him 22l. 17s. in cash, and he gave me this receipt: "Received 22l. 17s. for Mr. Barnard, J. Richardson"—I did not know his name; I only knew him by person—I had seen him continually—I next saw him in custody with 10 others, and picked him out instantly—I took the cheque to the Imperial Bank the next morning, and it was marked "No account"—I parted with the money because I believed he came from Mr. Barnard.
ALFRED HERNAGE . I am in the employ of Messrs. Barnard, iron-founders, of Queen Victoria Street—the prisoner was in that employ up to the end of 1885—he was then discharged—I knew him as Frank Hackland—all cheques pass through my hands—on 14th June no such cheque as this came into my hands in the business—the prisoner was not sent with it—I was in company with Mr. Barnard that day.
EBENEZER MASSINGHAM . I am a cashier at the Imperial Bank, Lothbury—on 15th June, Messenger brought this cheque—I marked it "no account"—we have no customer of that name—the cheque comes from a book issued to a customer named Bell, of Chelmsford.
FREDERICK LAWLEY (City Detective Sergeant). I arrested the prisoner on the 17th at the Old Jewry—I read the warrant to him—he said "I never went in the name of Richardson in my life"—I then showed him the cheque—he said "Yes, I have seen that cheque; I never filled it up, neither did I utter it; I gave it to a person to take to Messrs. Fuller and
Horsey, and I have had the money and spent it"—he was placed with 10 other men, and picked out by Messenger.
Prisoner's Defence. I did not have all the money—I had some of it—I did not cash it.
GUILTY .— Four Months' Hard Labour.
THOMAS BRETT . I live at 15, Osmond Road, Seven Sisters Road, Tottenham—I am a labourer, and married to the prisoner's daughter—on 9th June my wife summoned me before the Magistrate for desertion—we have not lived together for nearly five years—I gave evidence, and the case was dismissed—in consequence of that the prisoner was very much excited—about 2 o'clock after the case was over I went to have some refreshment at the Eagle public-house—I had two halves of ale—I had the pot in my hand, and the prisoner rushed in with a knife and stabbed me on the wrist, and a slight wound on the thumb—it was only one blow—I saw the knife in his hand—he said nothing—a policeman came in and caught him by the arms just in time as he was coming for me again with the knife—he said he would like to do for me.
GEORGE HARTRIDGE . I am a painter, of 92, Tewkesbury Road, Tottenham—on 9th June, about 2 o'clock, in company with the prosecutor, I went into the Eagle public-house at Edmonton—we were having a drop of ale when the prisoner came in with an open knife—the prosecutor had his beer in his hand—the prisoner said "I will do for you," and struck him with the knife in the wrist—it bled a great deal—the constable came in and seized him—he was Very much excited—I don't think he Was going to strike again.
ALFRED BAKER (Policeman N R 49). I was outside the Petty Session Court at Edmonton, and saw the prisoner leave the Court with his daughter—he crossed the road with an open knife in his right hand—he pushed open the door of the Phoenix public-house, and then recrossed the road, remarking to his daughter, "He is not there"—he then went to the Eagle—I followed him, and saw him struggling with the prosecutor with the knife in his right hand—I seized him and turned him round, assisted by another constable—the prisoner said "I will do for him; he has ruined my daughter"—the prosecutor said "Policeman, I am stabbed"—he was bleeding from the wrist—I handed the prisoner over to the other constable, and took the prosecutor to have his wound dressed.
WILLIAM TILEY (Policeman N R 50). I was standing outside the Court, and saw the prisoner cross the road in a very excited state—I followed him and Baker into the Eagle, and seized his right hand so that he could not use the knife—he dropped it—I picked it up, and produce it—it was open, and had blood on it.
WILLIAM JONES , M.R.C.S. On 9th June, between 2 and 3 o'clock, the prosecutor was brought to my surgery at Edmonton—he had a cut on the right arm between the wrist and elbow—it was an inch transversely at the upper end, and a quarter of an inch at the lower end, and about an eighth of an inch deep—a small branch of an artery was cut, and he was bleeding profusely—there was also a slight wound on the thumb—both wounds could have been done by the same blow, and by this knife.
The Prisoner's Statement before the Magistrate. "I am not guilty. I own I had the knife in my hand. I had been eating some bread and cheese. I went over the road and came back again. I came into the public-house. He falsely swore against my daughter. We had a struggle together outside the door. I am so sorry. I did not know what I did, I felt mad. He said every man in Wood Green had had connection with my daughter."
Witness for the Defence.
ANNIE BRETT . I am the prosecutor's wife—we were married in 1882—I left him in the beginning of 1884—I have not lived with him since—I summoned him to the police-court for desertion, and to support his child—the summons was dismissed—he asked me to go back with him—I said I would if he would be all right, with me—I went back to live with him, and as soon as he found I was in trouble, he left me and went to live with another woman.
GUILTY of unlawful wounding . To enter into his own recognisances of 20l. to appear for judgment if called upon.
MR. ROGER Prosecuted; MR. GEOGHEGAN defended Clear.
EUDOCIA MERCER . I am the wife of Henry Mercer, of 21, Brian Street, Caledonian Road, Islington—on 19th May, just before 4 o'clock in the afternoon, I was going along Copenhagen Street with a parcel containing a quilt—Archer snatched it out of my hand, and the other two prisoners got hold of my arms—Clear struck me in the eye, and took my purse containing a half-sovereign, a two-shilling piece, 5s., and four pawn tickets.
Cross-examined by MR. GEOGHEGAN. He did not knock me down—I don't remember being down—I lost my senses when he struck me—I was not the worse for drink—I trod on my frock and fell down as I was going to the police court—I had a loaf of bread in my apron.
Cross-examined by Archer. I did not say at the police-court that I thought you were like the woman.
ELIZABETH WARD . I am 13 years of age—I live at Islington—on 19th May, near 4 o'clock, I was passing through Edward Square—I saw the two male prisoners and the prosecutrix—Clear was on her right and Thomas was on the left, holding her arm—I followed them—the prosecutrix dropped a loaf, and I picked it up—she said "They have robbed me"—they both left her—I only saw the two men.
Cross-examined by MR. GEOGHEGAN. There was no woman there—Clear was walking by the prosecutrix's side, but not touching her—I think she was the worse for drink—I went with them to the station—on the was she tumbled down, and fell on the side of her face.
HENRY HAM (Policeman Y 490). I was on duty in Caledonian Road—I saw Clear and Thomas about two yards from the prosecutrix, walking away—Ward came up to me, and said "Those men have robbed the woman"—I followed Clear, and stopped him, and the prosecutrix came up and said he had robbed her—he said "You have made a mistake; I have not seen you before"—I took him into custody—I could not
say whether the prosecutrix's eye was bruised—she had her hand up to her eye when she first came up to me.
Cross-examined by MR. GEOGHEGAN. Clear was six or seven yards from me when I first saw him; he was meeting me; I was in uniform—the prosecutrix had been drinking, and was very excited—I could not say she was drunk—Clear when charged said "I know nothing about"—I found on him a shilling in silver and 1 3/4 d. in bronze, and a bottle containing camphorated chloroform. Thomas. I was not there. Witness. You and Clear were walking away together.
ALBERT JUDD (Policeman Y 546). I was on fixed point duty at the corner of Copenhagen Street on 19th May, about 4 o'clock, I saw the three prisoners leave the Milford Haven public-house together—the prosecutrix was walking a short distance in front of them—I saw them go about 300 yards to the entrance of Edward Square—I then lost sight of them—Archer was walking about three yards in front of the other prisoners.
NOT GUILTY .
NEW COURT.—Tuesday, June 28th, 1887.
Before Mr. Common Serjeant.
MESSRS. WILKINSON and BYRON Prosecuted; MR. PURCELL defended Macey.
SARAH COOKSON . I am the wife of Walter Cookson, he keeps a stationer's shop and post-office in Goldburn Road—on June 1st, about 5.30 p.m., the prisoner Kirk came in and asked for 9s. worth of stamps—he gave me two florins and two half-crowns—I put them in a separate till, because I thought one of them was not good—Kirk asked me for something to put the stamps in—I gave him an envelope, and he went out—my husband looked at me, and I put the money in a separate till, in a part where there was no money—he came and examined it, saw that one coin was bad, and went out after Kirk.
Cross-examined by Kirk. I was not serving a child when you came in—I think you were the only person in the shop—I gave you the stamps first and received the money afterwards—I thought one of the coins was bad, because it looked different from the others—there was no money in the part of the till where I put the coins—my husband was getting a telegram ready.
Cross-examined by MR. PURCELL. The police-station is about 10 Minutes' walk from the shop.
Re-examined. This is the till (produced); it goes into a drawer—I placed the coins in this compartment alone—my husband could see me put them there—he made a sign to me, and looked at the coins directly afterwards.
WALTER COOKSON . On June 1st my wife and I were at the counter when Kirk came in, and I saw her give him some postage-stamps, which he paid for—I made a sign to her, and she placed the money in a till between me and her—I looked at it, and found that one half-crown was bad—I put it in my pocket and replaced the others—there were no other coins there—I went out with Hall, my assistant, got two constables
at the station, and followed Kirk to the corner of Woodfield Place—Macey was with him—they separated, and Macey went into Mr. Barnard's post-office; Kirk walked on—I went into the post-office, and saw Macey with his hand on the counter and what I thought was a roll of stamps in it—a constable came in and detained him—I went out and saw Kirk walking very slowly on the same side as I had left him—I went up to him and said "I want you to come back with me concerning the money you tendered for stamps at the post-office in Goldburn Road"—he muttered something which I could not understand, and walked back with me—the constable met us, and took him into Mr. Barnard's post-office, where he was given in custody, and I gave the half-crown to the inspector—this is it (produced).
Cross-examined by Kirk. I had just completed a telegraphic message—I saw the coins pushed under the grating—they were one on top of the other, I believe—as you were a stranger I drummed on the counter with my finger, to my wife, and looked at her, as it is usual to purchase an odd stamp to put on the envelope, and it is an uncommon thing to purchase a large number of stamps now, because there are postal orders—the drawer contains the till—I lost sight of you for two minutes when I went to the police-station—I saw no attempt to conceal anything when you were searched in the shop.
EDWARD HALL . I am Mr. Cookson's assistant—on 5th June, about 5.30, I saw Kirk going out of the shop—I followed him with Mr. Cookson—Kirk overtook Macey in the Harrow Road—they walked a little way together, and then Macey went into Mr. Barnard's post-office—I kept Kirk in sight till Mr. Cookson came and took him into the post-office.
Cross-examined by MR. PURCELL. A person coming from Kensal Green to the station would go through the Harrow Road—the prisoners did not shake hands when they met, nor did they pass anything from one to the other.
HENRY BARNARD . I keep a grocer's shop and post-office at 38, Chippenham Terrace—on June 1, about 5 o'clock, I was called into the shop, and found a constable there with Macey, after which Kirk was brought in by another constable—they were searched, and then taken to the station—five minutes after they left a lady clerk in my employ made a communication to me, and I examined some baskets of lemons, in one of which I found nine counterfeit half-crowns, eight in thick brown paper and one loose by the side of the others—the paper was wrapped round them, one end was close and the other open, and the coins touched each other—I took them to the station, where they were marked—I put them on a desk in front of the inspector.
Cross-examined by Kirk. There may have been seven persons in the shop independently of my assistants.
FANNY ADEMAN . I am an assistant at Mr. Barnard's post-office—I was behind the counter on 1st June, when Macey came in—immediately afterwards a constable came in and said to him "You remain here till your friend comes"—Macey then sat down on a basket of lemons—Kirk was brought in and they were both taken away—I then spoke to my master, and he examined the basket of lemons—no one else had used those lemons as a seat that afternoon.
Cross-examined by MR. PURCELL. I did not hear Macey ask for a registered
envelope—we sometimes stop the telegraph to sell stamps—Macey was not rapping on the counter—Mr. Cookson said "Detain him, I will be responsible," and Macey said "I have done nothing to be detained for," and seemed to resent it—the policeman said "I don't know what you are detained for, but a gentleman told me to detain you, and you cannot go out till he comes back"—he then leant against a stand, and afterwards sat down on a basket of lemons, and the policeman stood facing him, keeping his eye on him, and they remained so till a policeman came in with Kirk—I went on serving customers.
WALTER DEW (Policeman H) On 1st June, about 5.30 p.m., I was at Harrow Road Police-station—Mr. Cookson gave me information, and I went with him to the Wood field post-office, where Macey was standing against the stamp counter—I was in uniform, and as soon as he saw me he made for the door—I stopped him and said "Wait a minute;" he said "What for?"—I said "You must wait here a few minutes till your friend is brought back;" he said "What do you mean? I have no friend, I am a respectable man"—I said "You must stop here"—he made several attempts to get out, but I prevented him—he said "I shall have my remedy after this"—I said "I shall have to search you"—he said "You shall not, you must take me to the station and search me there"—he then slipped down on to a basket of lemons which was standing on the floor—I had not got hold of him then; it was an action of his own—there was no lid to the basket—he sat on the front for about two minutes, and then got up—Kirk was then brought in—I asked Macey his name, he said "I shall not give you my name"—I searched him and found 9s. worth of postage-stamps, 1l. 6s. in silver, and 2 1/2 d., all good, and two pairs of children's socks, new—the money was loose in his trousers pocket—I searched Kirk and found three florins on him, but no stamps—Mr. Barnard then came in and handed me nine counterfeit half-crowns, eight in paper and one not wrapped up; not separately, but like a roll of tobacco—when Macey was charged he said "The bad money was not found on me, it was found at the shop"—Kirk said "I have only just come from Salisbury, and am staying at a coffee-house in the Waterloo Road"—I said "Where?" he said "Near the station; I gave the stamps to my friend here to hold while I went to buy some paper, and we were then going into a public-house to write a letter and send the stamps to Birmingham"—when the charge was read over he said "You found some good money on me, but no bad, are you satisfied?"—I did not reply—he said that he had been into the Robin Hood, in the Kensal Road, and changed a half-sovereign of the landlord, who he asked the best way to get to Harrow—I went to the public-house at his request, and found that that statement wast quite correct, except that he changed the half-sovereign not of the landlord, but of his son—Mr. Cookson handed me this counterfeit half-crown (produced).
Cross-examined by Kirk. I think there were three people in the shop, excluding the assistants, when you were brought in, and Macey was standing with his back to the counter—to the best of my knowledge the basket of lemons was standing on the floor—you did not apply for the landlord of the Robin Hood to be brought here.
Cross-examined by MR. PURCELL. I may have told Macey that a gentleman told me to detain him—I took a note of the conversation at the time he was charged—I will not swear that he did not say "He has not
gone out after any friend of mine," because he said a lot—he said "I am a respectable man, and I have no friend, I am with myself"—he did not tell me the next day that he had refused his address because his wife was in her confinement.
JOSEPH COLLINETT (Policeman X R 9). On June 1st I met Mr. Cookson in the Harrow Road—he pointed out Kirk, I took him to the post-office, where he was searched in my presence—another constable took him to the station.
Kirk, in his defence, said that he changed a half sovereign at a public-house in the Harrow Road and received the two half-crowns and two florins, which he gave to Mrs. Cookson for the stamps, and was then going to write a letter and enclose them, when he met Macey, who was a stranger to him, and who advised him to get a registered envelope, and went into the post-office, where a crowd assembled, and Mr. Cookson took him to the post-office, where there were a number of persons round a stand containing lemons, and Macey was at the counter. He contended that the evidence was purely circumstantial, and that there was no proof that he knew he had received a bad coin at the public house.
GUILTY . KIRK**— Judgment respited. MACEY— Fifteen Months' Hard Labour.
FOURTH COURT.—Tuesday, June 28, 1887.
Before Robert Malcom Kerr, Esq.
MR. WARBURTON Prosecuted; MR. HUTTON Defended.
WILLIAM HENRY COATES . I live at 31, Bismarck Road, Highgate Road, and am a medical student—at 12.30 a.m. on 22nd May I was walking along Archway Road, Islington, with Mr. Oakshotte; we had just got off a tramcar—I saw the prisoner standing by the chemist's shop where the trams stop—he followed us up the Archway Road and demanded 4s. for some lodgings which he professed we had had at his place—we walked away and he continued to follow us—he then had as altercation with Oakshotte about 4s. and then Oakshotte ran away to get
some help, and the prisoner came to me and seized my umbrella out of my hand and beat me over the head and back with it, and continued to beat me for some time, and ran away with the umbrella—he was seized by a policeman—I was only hurt by the umbrella, and had soreness in the arm—another gentleman was there who is a witness—this is my umbrella.
Cross-examined. The prisoner did run away—I am sure I did not say at the police-station that I believed he ran away—my evidence was read over to me and I signed it—I had come on the tram from Islington—the prisoner was on the tram—I had only one friend on there with me, Mr. Oakshotte—there were a good few people on the tram at Islington, and from there there was singing and shouting—I was not quite sober, but knew what I was doing—there was another man who assaulted me—another man was charged and discharged at the police-court, he was not the man who was with the prisoner—I got up and walked away after I was knocked down—my friend had gone for a constable while I was being assaulted—I went home—after I had gone 100 yards I fell over some coping stones at the side of the road.
WALTER FIELD OAKSHOTTE . I live at Wassdale, High gate, and am an analyst—I was with the last witness on the tram on this evening—the prisoner would not get down for some time; he molested us and demanded 4s., 2s. each for a night's lodging he said he had given us before and 4d. for tram fare—when we got off the tram I said I would give him in charge to the first policeman I saw—he said "Very well," and that he should follow us up—he did—when we got just up to the mews in the Archway Road he struck me, and after that he tried to grab hold of my stick to get it away—I caught hold of his hat and threw it in his face to make him leave go—he went and brought back a man named Wilson—I went to get help, and when I came back I found two gentlemen leading Mr. Coates up—his umbrella had gone—I next saw it at the police-station—Coates was not on the ground when I came back.
Cross-examined. I did not knock the prisoner's hat off till after he had knocked me—I took it off his head and threw it in his face—this is the stick.
JOHN TUGWELL . I live at 23, North wood Road, Highgate—at 12.30 on this night I was going up the Archway Road and saw a man standing in light clothes, saying, in a very loud tone of voice, "Dry up, dry up," and that drew my attention to a man in dark clothes, leaning on his umbrella—at the same moment I saw a gentleman lying down in the road, and I ran to help him up—he got up and walked away before I reached him.
WILLIAM BUCKLE (Policeman Y 454). At 20 minutes to 1 on this morning I saw the prisoner standing in the Archway Road with an umbrella in his hand—I asked him where he got it from—he said "What is that to you? I suppose I can be a masher and carry an umbrella if I like, I found it"—I took him into custody.
NOT GUILTY . There was another indictment for the assault , on which no evidence was offered. NOT GUILTY .
MR. WARBURTON Prosecuted.
FREDERICK BYSTROM . I am a seaman—I was discharged on 7th June—I am now living at 6, Harris Terrace—on 7th June I received 10l. from the shipping master on Tower Hill, and next day, the 8th, I received 25l., the rest of my pay, from the same man—when I went on the 8th the shipping master was very busy, and I did not have a chance of seeing him, So I went up the street and told my shipmates about it—I saw the prisoner at the gates when I was talking to my mates, and he said he was going to bring me down and see me all right—he was quite a stranger to me; he heard me talking about the money—I followed him up the steps, and we went round a corner, and he asked me where I was going to bank my money—I told him I did not care about banking my money, and he told me to bank 5l. of it, so that when I had spent the other money I should have 5l. to fall back on—I told him to bank it in the Board of Trade Bank, because the prisoner was a Board of Trade man—I knew that, because he had a uniform on—I agreed to give him 5l., and he was going to bank it for me—after that we had a couple of drinks, and I gave the prisoner 8s. for his trouble for banking it—this was in the evening—I got into a cab, and shook hands with the prisoner, and said "Take care of the 5l.," and he slapped his hand on his pocket, and said the 5l. was all right—a mate of mine, Johnson, was there at the time; he is not here now—the prisoner did not tell me his name; he had mine on an envelope—I knew how to find him again by his features—he gave me an address when I gave him the money—he said he would see me again in about a quarter of an hour—I gave him the 5l. in a post-office—I told him to bank it in the Board of Trade Bank—I did not know where that was—when he told me to wait for a quarter of an hour, and he would give me a receipt, I said I did not like to wait so long, because the cab was waiting, and I asked him to call down next day—I went down again on the Saturday and went into the inquiry office at the Board of Trade, but I could not find the man—the 8th was a Wednesday—on the Saturday they asked me if I were to see him whether I should know him again—I said "Yes"—they told me to come down on Monday at 11 o'clock—I did so, and they brought a man before me, and directly I came inside the door I said "There is the man I gave the 5l. to"—the 5l. was made up of three sovereigns and four half-sovereigns—I was with him 10 or 15 minutes on the 8th—he said by putting 5l. in the Board of Trade Bank I could draw it out in any part of the world—I am certain the prisoner is the man.
Cross-examined by the Prisoner. I brought the 10l. home that I drew on the 7th—I am staying at Graham's boarding-house—I don't know what kind of man he is—I was as sober on the 8th as I am now—I came in a cab with Johnson and another man—I am a Swede.
MICHAEL KULEEN . I am a seaman, and am staying at the same place as the last witness, whose friend I am—I was with him on the 8th June and saw the prisoner—the prosecutor said to him "You take care of the 5l. which I gave to you"—he said "All right; I have got it in my pocket"—I saw the prisoner, and had a good opportunity of looking at him, and am sure he is the man.
Cross-examined. I am positive I saw you; I was in the cab—the horse's head was towards the public-house—we were outside the shipping office.
WILLIAM HUDSON . I am Deputy Superintendent of the Board of Trade Bank, and live at 19, Amy Street, Lachmere Road—I produce the books of the Board of Trade Bank, Tower Hill—there is no entry there of the sum of 5l. to the credit of Frederick Bystrom—the prisoner is a porter employed by the bank under the Board of Trade, and wears a uniform—the prosecutor came on the Saturday and complained to me—he came to find whether there was any money to his credit—the prisoner was not at his work on Saturday, and on the Monday as he came in Bystrom said he was the man—he was sent for, and as he passed my window Bystrom said he was the man to whom he had given the money.
Cross-examined. I have never known you place moneys to men's accounts or interfere with the banking account—I have never seen you at any time negotiating with sailors or taking them away—I have no complaint to make against you during your office there.
By the COURT. The Board of Trade Bank is a Savings Bank established by the Board of Trade.
HENRY MORPHET MORGAN (Policeman H 326). I am a warrant officer at Thames Police-court—I served the prisoner with a summons—he read it while I stood there—he made no answer—he appeared before the Magistrate.
Witnesses for the Defence.
FREDERICK HARRISON . I saw a four-wheeled cab drive up to the Mercantile Marine Office, and Bystrom got out and went down to the Shipping-office—he came up again, got into the cab, and drove away towards the London Docks—I did not notice you there—I swear I never saw you there, and I must have seen you if you had been—I know about this because I heard you call out and ask anybody that was there at the time the four-wheeled cab drove up.
Cross-examined. I am a fireman—I am not a friend of the prisoner's—I have seen him when I have been down before the shipping master—I have not spoken to him before—I was looking for a ship at the time—four-wheeled cabs are continually coming there—I was asked a few days after the 4th whether I had seen a four-wheeled cab—I was not working at the time—there were several people in the cab—the prisoner was not there.
WILLIAM CROOK . On or about 8th of June I remember a four-wheeled cab coming up with three or four men in it—I never saw you on that day—I noticed the cab because I am always looking out for a job—I knew one man who got out of the cab—I could swear I could not see you, and that you were not there.
Cross-examined. I did not see him—I did not know the parties in the cab—I see very nearly everyone there—I don't think he could have been there without my seeing him.
JAMES USE . On or about 8th June I recollect a four-wheeled cab driving up there—four men were in it—I did not notice you there, or having any conversation with the men in the cab—I will swear I did not see you there.
Cross-examined. I was there looking for a ship—there were not a crowd of people round the cab—there were a lot of seafaring men looking for ships—a few cabs drove up—I don't know what the date was, only on or about.
The prisoner in his defence denied having received the 5l. from Bystrom, or having had any transaction with him.
GUILTY. Recommended to mercy on account of his previous good character .— Four Months' Hard Labour.
698. CHARLES STEVENS (22) PLEADED GUILTY to stealing a horse and cart, the goods of John Spurling, and three casks of butter, the goods of Leopold Sigle, after a conviction of felony in April, 1885.— Eighteen Months' Hard Labour.
699. ALFRED WHITE (24) to a burglary in the dwelling-house of Robert Henry Titford, and stealing a number of cigars and other articles.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
MESSRS. POLAND and BODKIN Prosecuted; MR. FULTON Defended.
The prisoner received a good character from one witness.
GUILTY .— Two Years' Hard Labour.
702. CHARLES MARRIOTT (30) PLEADED GUILTY to stealing three sheets and other articles, the goods of Anthony Caulfield; also to stealing two rifles, the goods of Theodore Hartman; and two bags, the goods of Fanny Moore, after a conviction of felony in January, 1883, in the name of John Elkinson.**— Five Years' Penal Servitude.
704. WILLIAM HILL () to stealing a watch from the person of John Owen Alexander, after a conviction of felony in March, 1884, in the name of Archibald Fitzherbert— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
706. JAMES MARTIN (28) to stealing a watch from the person of James Murray, after a conviction of felony in July, 1886, in the name of James Barton— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
708. FRANK EVANS (17) to breaking and entering the shop of George Maycock, and stealing a jacket, a pair of boots, and other articles; also to breaking and entering the shop of George Maycock on another occasion, and stealing a basket, three planes, and other articles; to a burglary in the dwelling-house of William Loweth, and stealing two neckties; and to a burglary in the dwelling-house of Henry Hatfield, and stealing one umbrella, seven keys, and 5s .— [Pleaded guilty: See original trial image.] Judgment respited.
NEW COURT.—Wednesday, June 29th, 1887.
Before Mr. Recorder.
MR. BODKIN Prosecuted; MR. BURNIE defended Wilson and ward.
CHARLES BRYANT (City Detective). On 20th June, about 2.15 p.m., I saw the three prisoners together in Cheapside—they went into a public-house in Honey Lane Market, and then into a silk warehouse in Lawrence Lane, and then to a large warehouse, 14, Gresham Street and then to another warehouse on the opposite Bide; then to Messrs. Bradbury's in Aldermanbury, where they stopped about half an hour—after they left I spoke to the manager—I then followed them into Basing hall Street; then to a public-house in London Wall; then to a warehouse in Gresham Street; then to Wood Street Square, to a silk warehouse—they came out and went into another silk warehouse next door—they then went to a public-house in Monkwell Street, and back to Graham Street and Old Change, where two of them went into Sharp, Ferris and Company's ware-house—they then went to David Evans and Co.'s, and then to Messrs. Cook's where Wilson and Cleveland went in and Ward remained outside—I went into the warehouse and saw Wilson and Cleveland in a corner to the right where there were a large number of parcels of silk—they were lifting up their dresses, readjusting their jackets, and looking about—they spoke to one of the assistants and went outside—Ward joined them, and the three went a few yards and stopped in Cannon street—Wilson looked round and appeared to be watching Messrs. Cook's premises—they again adjusted their dresses, and Ward lifted up her jacket—they all seemed as if they were hiding something—gentleman from Messrs. Cook's spoke to me, and they walked away; Wilson towards the Mansion House Station, and Ward and Cleveland into Old Change—I followed Wilson called a uniform constable, and then said to Her "You are suspended of stealing a parcel of silk from Messrs. Cook's Warehouse just now, and you must come with to the police-station"—she said "I have not stolen any Silk"—I sent her to the station, and went after the other prisoners who were in Old Change talking to Mr. Adams—I said "You are suspected of stealing something from the ware-house just now; you will have to come with me to the police-station"—Cleveland said "I don't know what you mean"—Ward said "I was not inside the warehouse, Sir"—we started for the station, but they stopped and refused to go on—Cleveland had her purse in her hand, and dropped a half-sovereign—I saw it roll and turned to pick it up, but did not—I turned round sharp and saw this roll (produced) at Wards feet—I said "You will be charged with stealing this"—they were searched at the station, and this apron was found upon Cleveland with this pocket in it. (A large bag).
Cross-examined by MR. BURNIE. Another uniform constable had hold of Ward but she and Cleveland were close together—they were not a yard and a half apart when the half sovereign was dropped.
JOHN ADAMS . I am manager to Sir Francis Cook and Sons, 22 to 26, St. Paul's Churchyard—this parcel is their property, and is worth about 3l.—I saw Wilson and Cleveland in the warehouse on June 20th, after my attention was called to them in a corner at the right side of the front 3l. where parcels of goods are kept in piles—I spoke to Bryant before they left—I was detained a minute or two, and found them round the
corner in Old Change—they appeared to be adjusting their dresses—I told them I suspected them of having stolen something from Cook and Co—a constable came and I gave them in custody.
Cross-examined by MR. BURNIE. I said before the Magistrate I saw either Ward or Cleveland holding up a waterproof cloak.
JOHN ALFRED DENNIS . I am warehouseman to Sir Francis Cook and Sons—on June 20th I saw Wilson and Cleveland in the warehouse—they came to me and said that they had dropped a half-sovereign on a grating outside the warehouse—I went outside with them, and they pointed out a coin at the bottom of a grating, which I fancy was a half-sovereign—I sent a porter to recover it, and returned to the warehouse with Wilson and Cleveland—they then asked to have this piece of satin matched (produced.), which I was not able to do—I followed them as far as the door where the pile of goods was, and there left them—they remained there, and I saw Cleveland handling the goods.
Cross-examined by Cleveland. I never had the half-sovereign.
FREDERICK LAING . I am a warehouseman in Sir Francis Cook and Son's employ—on 20th June I saw Cleveland and Wilson there, and followed them—I saw Bryant speak to them and take them in custody—they stopped to speak to each other, and I saw this piece of silk fall from Ward.
Cross-examined by MR. BURNIE. I followed Bryant when he left the ware-house I had Ward by the arm—I have heard the detective say that the uniform man had Ward when the half sovereign was dropped—he is wrong about that—a crowd followed a little distance off, and then formed round us—Ward and Cleveland were close together—I am positive the silk dropped from Ward.
Cleveland's Defence. I did drop the half-sovereign, and that is why I went there—I went to match some silk for making slippers for ladies.
Wilson then PLEADED GUILTY** to a conviction at Clerkenwell on 6th May, 1880, and Cleveland** to a conviction at Worship Street on December 3rd, 1886.
WILSON— Eighteen Months' Hard Labour.
CLEVELAND— Twelve Years' Penal Servitude.
WARD— Twelve Months' Hard Labour.
WILLIAM TURNER . I am cab driver, 1180—on 18th June I put my hired cab on the rank which supplies the Holborn Restaurant, and put the nose bag on the horse—I went back at 11.10 and missed it, and complained at Bow Street station, and then went to the owner, and then through Oxford Street and Regent Street and Piccadilly Circus, where I found the cab and the prisoner on the box plying for hire—he got off the box as if he wanted to get away—I charged him—he would have got off faster if he had driven away.
Prisoner's Defence. I was in Bond Street and a cabman was leaning against his wheel very sick—he asked me to drive him home and I did so, and he was sick again—I told the constable at the time that I did not steal it—he saw the man in the cab.
run away—he was not sick in my sight nor did the prisoner say that he asked him to drive him home—the number was on the cab—the prisoner had no badge.
NOT GUILTY .
MR. POYNTER Prosecuted
THOMAS JAMES . I am a gardener, of 10, Wakefield Street, St. Pancras—on 18th June I was in the Olive Branch, Gray's Inn Road—the prisoners came in and Parkinson asked me to treat him and pay for a pot—I asked him why I should treat him, as I had to work for my money the same as he had—he struck me on my face and I went out—he followed me out, knocked me down, and while I was on the ground Parkinson and another one fell on me and I felt a hand in my pocket—there were four of them—they struck me and kicked me while my money was being taken—I lost 15s. 6d.—I had changed a sovereign before that—they got it and I ran and fetched a constable, and gave Parkinson in custody—he had remained there—he said to me at the station, "It will be all right for you when I come out," and Wilson said "I will make it all right; if you prosecute me you won't want to sleep many more nights"—Wilson said "I will pay you; it will be all right for you when I come out."
Cross-examined by Parkinson. I did not take off my coat and make a stroke at you when you asked me to treat you, nor did some people then take me away.
JOE WEBB (Policeman E 117). On 17th June, about 11.15, James pointed out Parkinson to me, and charged him with assaulting him, knocking him down, and robbing him of 15s. 6d.—he said "I asked him for 1d. to get half a pint of beer, and he told me to go and—"—he said at the station, "I did not think he was a man of that kind to put another man away"—on the Sunday morning I saw Histon in the Colonnade, Russell Square, and told him I should take him for being concerned with others in assault and robbery—he said "All right"—going through Brunswick Square he said "I had none of the money"—he was put with six other men at the station, and James identified him without hesitation—I found no money on him.
--------(Policeman). I took Wilson at 15, Wellington Square, and said "I take you for being concerned with two other men in assaulting and robbing Thomas James"—he said "All right"—on the way to the station he said "I suppose you have got Rock Carthy; he had some of the money"—I know Rock Carthy, but cannot find him, or I should have apprehended him—when the charge was read over Wilson said to James "I will pay you when I come out."
Cross-examined by Wilson. You did threaten him, and I put down what you said at the time, and have the note in my pocket.
Witnesses for Parkinson.
MORRIS KANE . I am a shoeblack, and live at 12, Wellington Square—I know all the prisoners by sight—on 18th June, about 11.15 p.m., I went to the Olive Branch, Gray's Inn Road, with Parkinson—I should not like to swear that the other two prisoners were there—I heard Parkinson ask James for a penny for beer—James used a bad expression,
and told him he worked for his money the same as he did—a few words passed, and Parkinson struck James—James wanted to strike him back, but me and another man prevented him—after that I saw James hit, and he staggered back against the wall—he then went outside, and I saw Parkinson strike him, but I did not see him on the ground—I do not know whether the other two prisoners were there.
CATHERINE KNIGHT . My husband is a labourer—I know Parkinson, but only know the other two by sight—on 18th June I saw Parkinson and James sparring outside the Olive Branch, but nobody fell—some one shoved Parkinson away; it did not last two or three minutes, and James was taken back by Kane—I did not see Parkinson given in custody—I went away.
By the JURY. I changed a sovereign at the public-house and spent a penny, and got 19s. 11d. change—I had 15s. 6d. in one pocket and 4s. 11d. in another pocket.
Wilson's Defence. I saw a row outside the Olive Branch—Parkinson and the prosecutor were fighting. I was with a young girl, and saw the crowd, but I know nothing about it.
Parkinson's Defence. I know nothing of the robbery.
Histon's Defence. On 18th June I was drinking, and saw Parkinson and a female; he asked James for half a pint, who said "I work for my money the same as you do." About half an hour afterwards I heard a row, and saw James with Parkinson in charge, and on the Sunday morning when I came down to breakfast, the constable came and took me, and asked me what I had done with the 15s. 6d. I said that I did not have it.
GUILTY . WILSON*— Nine Months' Hard Labour.
PARKINSON*— Twelve Months' Hard Labour.
HISTON— Four Months' Hard Labour.
MR. HUGGINS Prosecuted.
JOHN FORD . I am a labourer, and live at 112, Whitechapel Road—on Sunday evening I was in company with the prisoner in Whitechapel Road—it was about 10 minutes to 11 when we came out of the public-house—we stood some time outside the door, and I bid him good night and walked down the road—I saw no more of him for about half an hour, when I found his hand in my left-hand trousers pocket, where I had 17s. 6d.—I caught him by the hand in my pocket, and we both fell to the ground, and in taking my pocket off he cut my finger—he was the worse for a drop of drink, or I don't think he would have done it—I struggled with him for about half an hour—he then got away—I went to the London Hospital and had my finger dressed—I saw the prisoner on the Monday following, and gave him into custody—I knew him—the 17s. 6d. was in silver; it was all taken.
Cross-examined by the Prisoner. I first met you at Hornsey Wood-Tavern, Finsbury Park; you and a man named Cane were there, and me and Jim Woods—Woods did not take 22s. from me—you saw me change a sovereign, I paid for a pot of ale and had 19s. 6d. left—we stopped
at Hornsey Wood till 1 o'clock, and then went to the Blackstock and had beer, which I paid for—we then went to the Clarence, and I paid your railway fare to Moorgate and gave you 3d. each—we got out at Moorgate, and I paid 2s. 3d. for your dinners there—we went from there to London Bridge, and sat down for half an hour, till the houses were open—we afterwards went to Whitechapel Road and had some beer there—I accused you there of taking a shilling from me, that made me leave your company—I was not drunk—I knocked you down when you put your hand in my pocket.
By the JURY. His companion was quite handy when the prisoner robbed me, but he stopped after the prisoner went away, and went with me to the hospital—I had other silver besides the sovereign that I changed.
MARK LARA . I am a hairdresser, at 111, Osborn Street, Whitechapel—I was with the prosecutor and prisoner on this night—I saw the prisoner leave the prosecutor—I afterwards heard a row and came to my door, and saw the prisoner lying on the top of the prosecutor on the ground; he got up and walked away—the prosecutor's hand was all over blood.
GUILTY. Recommended to mercy by the prosecutor .— Nine Months' Hard Labour . There was another indictment against the prisoner.
THIRD COURT.—wednesday, June 29th, 1887.
Before Mr. Common Serjeant.
MR. WARBURTON Prosecuted; MR. PURCELL Defended.
ROBERT SAGER (City Detective). About 7 o'clock on the evening of 1st June I was at the corner of Liverpool and Broad Streets, and saw the two prisoners standing outside Bishopsgate Station, Metropolitan Railway, talking together—that is where omnibuses stop to pick up passengers—the footway at that time was very narrow, in consequence of the space in front being made into shops—as they were talking I noticed Mrs. Armour standing just in front of the prisoners, holding a child by each hand—the male prisoner stepped away from Day about two yards—Day went up close to Mrs. Armour, pushing up on her right-hand side, and while she was pushing up I noticed her hands at the folds of Mrs. Armour's dress, near the pocket—Day then turned round and motioned with her head to the male prisoner, who was about four yards off, nodding twice—an omnibus came up going westwards—Mrs. Armour went towards it with her children, and Trequelle placed himself close to the step; Day pushed up behind Mrs. Armour on her right-hand side—I next saw her hands again in the folds of Mrs. Armours dress, the same part on the right-hand side near the pocket—just before that I noticed Outram just behind me—we spoke together; I ran round the front of the omnibus by the horses' heads, and when I got to the entrance of the omnibus I could
not see either of the two prisoners nor Outram—I communicated with the omnibus, and in consequence of what I was told I went after Outram and found him half way up Liverpool Street, about 50 yards off—I saw the two prisoners walking together, and I rushed across and laid hold of Day, and Outram laid hold of Trequelle—Day had this purse in her right hand—She was also carrying a sealskin bag—I said to her "What about this purse?" she said "That is my purse; how dare you?"—I said "What does it contain?" she said "Five or six shillings"—I kept hold of her hand all the way to the station with the purse—Outram had hold of Trequelle, he was struggling violently—another officer, Dowse, came up, and the prisoners were taken to the station—I examined the purse at the station, it contained 1l. 7s. 3d., a Civil Service Supply ticket made out to Mrs. Armour, and a quantity of memoranda—shortly after Mrs. Armour, came to the station and identified the purse and its contents—some questions were asked her by the inspector, after which Day said "That is my purse, I picked it up"—I had watched her the whole time, I did not see either of the prisoners stoop at all.
Cross-examined. I was on the other side of the road—there was only one omnibus there, I am certain—it is the usual spot for omnibuses to take up—there is a policeman in the middle of the road more particularly to keep his eye on the traffic and assist passengers across the road—there were other vehicles in the road, and six or seven persons on the pavement on the side the omnibus was—Outram was not on duty with me, he was there on his own account—the omnibuses which pick up at the place where the prisoners were standing go to all parts of the metropolis—I have noticed people go up to an omnibus, speak to the conductor or look at the destinations, and finding it is the wrong omnibus go back to the pavement—Mrs. Armour and her children and about one other person were going towards the omnibus—I was on the other side of the street, I could see pretty clearly—I was not in uniform—Day knew I was a policeman; she could not see from my clothes that I was—at the station she said "That is my purse, I picked it up"—Mrs. Armour said she was not certain if the purse was in her hand or if she had dropped it.
Re-examined. This omnibus was going westwards, and the horses were turned westwards—the prisoners were walking up Liverpool Street towards Houndsditch, eastwards.
WALTER OUTRAM (City Detective). A little before 7 o'clock on 1st June I saw the two prisoners in Liverpool Street—I saw Trequelle push in front of a lady, not Mrs. Armour, about to get into an omnibus, while Day put her hands in the folds of her dress—they then stepped on one side and stood talking together for a short time, when I noticed Mrs. Armour standing there with a child in each hand—Trequelle stepped in front of her, and Day pushed up on the right-hand side of her and put her hands in the folds of her dress—she then looked towards the man and nodded—as Mrs. Armour went to get into the omnibus Trequelle stopped in front of her, and Day pushed up on the right-hand side of her and put her hands in the folds of her dress—I noticed Sager was watching them, and spoke to him—I was in plain clothes—the prisoners turned away from behind the omnibus—they did not see me speaking to Sager—Sager went to the omnibus, and I followed the two prisoners up Liverpool Street—I was afterwards joined by Sager, and from what he
told me I went with him and caught hold of Trequelle—I said to him "I am a police officer; I must take you into custody for being concerned with this woman in stealing a purse from a lady"—he struggled hard to get away, and said "What do you mean?"—Dowse, another constable in plain clothes, came up and assisted me to take him to the station—he struggled violently to get away—at the station I heard Day say it was her purse and it contained 5s. or 6s.—Day said nothing about the purse when she was arrested first of all—Trequelle at the station said, also "That is her purse, it contains 5s. or 6s. "—after Mrs. Armour had come to the station and said she did not know whether she had it in her pocket or dropped it, then Day said she picked the purse up—Trequelle was asked his name; he waited for some time, and at last he said "Charles Trequelle; you can call it Treacle if you like"—he is English—the inspector asked his address; he said "I will not give my address"—Day was asked her name; she said "I will not give any name either," but afterwards she said "My name is Day."
Cross-examined. I did not say before the Magistrate that Trequelle said it was the female prisoner's purse and contained 5s. or 6s.—I was only corroborating Sager then—the lady was not present when he said that—Sager and Dowse were present—I was close to the prisoners when I first saw them—when Day put her hand into the folds of Mrs. Armour's dress I was in the road—they were pushing up behind the omnibus—the lady would be between me and the prisoners, and a few persons also getting into the omnibus—I have been some time in the force, and keep a sharp look-out—the prisoners walked fast up Liverpool Street; I told the Alderman so.
SOPHIE ARMOUR . I am married, and live at 50, Wakehurst Road, Wandsworth Common—on this day I was in Liverpool Street waiting for an omnibus—I crossed from Broad Street to Bishopsgate Street—this purse is mine, and this Store ticket and the memoranda—I last recollect having the purse when in the train coming from Dalston to Broad Street taking my return tickets out in readiness—I had a child in each hand.
Cross-examined. I said at the station that I might have dropped my purse—there were a number of persons pushing about behind the omnibus, and I was looking after the children.
THOMAS DOWSE (City Detective 807). About 7 o'clock on the evening of 1st June I was in Liverpool Street and saw Sager and Outram—sager bad hold of Day, who was struggling and had this purse in her right hand—Sager said "What is this?"—she said "It is my property, how dare you?"—she said that three or four times—Outram was struggling with Trequelle—they were taken to the station, where Day said it was her property until Mrs. Armour came in and identified the purse—Day was asked what was in the purse, in Mrs. Armour's presence at the station—she said between 5s. and 6s.; Trequelle said the same thing.
Cross-examined. Trequelle did not say there was 5s. or 6s. in the purse in the street—at the station Day said "It is my property," and when asked how much it contained, she said "5s. or 6s.," and Trequelle said there was 5s. or 6s. in the purse—then Mrs. Armour was asked whether it was hers, and she identified it, and said it was possible she might have dropped it, but thought not, she was not sure whether she did drop it or not.
715. JOHN GROOMBRIDGE (31) PLEADED GUILTY to stealing 11l., the moneys of Frank Minty, his master, and DANIEL GROOMBRIDGE (29) to stealing a watch and other articles the goods of James Mellor . Both prisoners also PLEADED GUILTY to conspiring to obtain situations in the service of Frank Minty and Charles Edward Seth Smith, by false pretences, with intent to defraud.— Eighteen Months' Hard Labour each.
(The evidence was interpreted to the prisoners.)
MR. WARBURTON Prosecuted.
GEORGE JAMES . I live at 95, Leather Lane, Holborn, and am a laundryman—on 6th May, about 1.30 a.m., I left everything safe, the doors and windows properly fastened up, and went to bed—about 7 o'clock I came downstairs and found the back door leading into the back yard had been forced open—the door was locked by an ordinary lock and a padlock—the padlock had been taken away, and the other lock forced, and the street door was open—I missed 35 shirts, 2 towels, and other articles, value about 7l.—I am sure all those were safe when I went to bed that morning—there were four pairs of socks, and a lot of things there—all the things found at Pretasio's I have identified as my property.
THOMAS ROBERTS (Policeman G 219). I was on duty in Hatton Garden on 21st May—I heard cries of "Stop thief" from across the street at midnight—I pursued and caught Bardocchi—I arrested Pretasio on the 24th on this charge at the Crown public-house, Bat Street, where he was lodging—I searched his box, and found a quantity of linen—I said to him "How did you come possessed of these things?"—he said "I bought them in Holborn"—I told him I should take him to the station, and he would be charged with having them in his possession—I took him to the station and found he was wearing a pair of socks which were identified by Mr. James—Pretasio said "The socks were given to me by Bardocchi."
Cross-examined by Pretasio. You told me you had bought the property.
GRACE JAMES . I am the wife of George James, and was present when our house was shut up on the night of the 6th, and saw it securely fastened—I only know Pretasio by his working at De Bolla's Restaurant, Holborn, near us, as cook—I identified these 29 collars, and other articles—the pair of socks the prisoner had on is ours—I had never seen the prisoner at our house.
HENRY ROSE . I live at 77, Queen's Buildings, Borough, and am a night watchman employed at 3 1/2, Leather Lane—on 6th May, about a quarter to 2 a.m., I was there, and I saw two men, who to the best of my
belief are the prisoners, walking towards me in Leather Lane—they passed under a lamp where I first saw them, and were close to another lamp, and I could not help seeing them—they stopped at 95, Mr. James's house, opposite my gate—Bardocchi stood on the kerb, while Pretasio opened the door with a key, and went in, and then Bardocchi followed him in—I thought they were lodgers, but I took notice of them, because they were strangers to me.
Cross-examined by Bardocchi. I am perfectly satisfied you are the two men—I said before the Magistrate you were the two to the best of my belief—I believe you are the two; I should not like to swear it—no Italians live in that house—no one lodges in the house that I know of.
THOMAS ROBERTS (Re-examined). At Bardocchi's I found 29 collars, and a quantity of linen and under shirts at Pretasio's—they have been identified by the prosecutor and his wife—I also found at Bardocchi's a long cold chisel, and four keys in his pockets.
By Bardocchi. I found these things at 57, Northampton Road—I know it was your room—Pretasio pointed out his box himself.
The Prisoners' Statements before the Magistrate. Bardocehi says: "I was lodging with two other men at 57, Northampton Road, Clerkenwell—one of the men left, and he left behind him the collars and the coats, also a piece of iron and some keys—on 6th May I was at Tottenham and not in London—I was at Tottenham for three days and seven hours, and returned to London on the evening of 8th May." Pretasio says: "Tat things I am charged with stealing I bought in Eyre Street Hill—I think it was on 13th or 14th May—if I had known they had been stolen, I would not have bought them."
Bardocchi in his defence stated that he went into a court for a certain purpose, and being the worse for drink took some blankets which were hanging there to his bedroom; that Pretasio and a man named Garganetti were lodging in the same room, but that the latter had gone when the policeman came to the room.
Pretasio in his defence said that he had bought the things which had been found in his box, and that Bardocchi had given him the socks.
THOMAS ROBERTS (Re-examined). Pretasio told me there was another one concerned in it—he said the socks belonged to him—he gave a name—I have searched for him, but never saw him—the landlord of the house told me his name.
GUILTY of receiving.
PRETASIO then PLEADED GUILTY to a conviction of felony at Lewes in October, 1885.**— Eighteen Months' Hard Labour.
717. ALFRED ALBERT WILLIAMS (22) , Unlawfully attempting to have carnal knowledge of Elizabeth Fletcher, aged five years. Second Count, indecent assault on Elizabeth Fletcher. Third Count, indecent assault on Elizabeth Richens, aged six years.
MR. WARBURTON Prosecuted; MR. HUTTON Defended.
GUILTY on the Second Count .— Six Months' Hard Labour.
OLD COURT.—Wednesday and Thursday, June 29th, and 30th, 1887.
Before Mr. Justice Stephen.
718. JAMES COCKS (33), JAMES GLEAVES (25), EDWIN WILLIAM EVANS (27), and JOHN WILLIAM WEBSTER (21), were indicted for the wilful murder of one Hassin, on the high seas, within the jurisdiction of the Admiralty of England.
MESSRS. POLAND and MEAD Prosecuted; MR. BESLEY appeared for Cocks,
PETER KING . I was cook and ship steward on board the Lady Douglas, of London, a British ship—on 11th January last we sailed from Gascoigne, in Western Australia—the prisoner Cocks was the captain, Evans the mate, Gleaves second mate, and Webster an ordinary seaman—there was also David Thow the carpenter, and three able seamen, one an Englishman named Charles Hunt, Carl Christian son, a Norwegian, and Spitz, a German; and also two apprentices named Smetherst and Collinson, and two Malay seaman, Hassin and Cassin—I am a German—about two days before we reached the Cape of Good Hope Hassin behaved very strange; he was excited, just as if he had something to hide—he did his work as far as I know, I cannot say as to that—all at once, one morning before we reached the Cape, he disappeared, and after searching we could not find him—about 10 days afterwards the second mate found him sleeping down in the fore peak—we did not call at the Cape—I did not see him in the fore peak, but I saw him on deck when he was speaking to the captain; the captain asked him why he had stowed himself away in that manner, and he said that he was sick and that the captain was stupid; the captain said if he was sick he ought to have turned into his bunk or told him and he would have given him medicine—he asked him if he would do it again, and he said he would not, and Evans, the second mate, also asked him and he promised not to do so again—the captain then ordered some food to be given to him, and some water was brought and he washed himself, then he went to his work again—this was about 2 o'clock in the afternoon—he then turned to work till 4—the next day we missed him again, and a seaman saw him down in the fore peak again; he had then with him a carving-knife which he had stolen out of the galley, and his own knife—the captain spoke to him while he was down there and asked him why he did it again and told him to come up, but he refused, and defied anyone to come down; he said "Suppose I kill one, I die"—these (produced) are the two knives—the captain told him to come up lots of times, and tried by every persuasion to get him up, but he refused still—the captain then ordered the carpenter to batten the hatch down, as we did not know what his intentions were—the next morning we opened the hatch, and the captain and chief officer asked him again to come up, and he would not come—Gleaves also asked him to come up—on that occasion I went down in between decks, the second place on board from where he was, and tried to go down and secure him, but he had a knife in each hand—on going down I had to lower myself eight feet, and the captain said to me "You had better not do it, it is too dangerous"—I then went on deck—the captain was down there also, and he tried to frighten him with his revolver, and told him if he did not come up he would shoot him, and he
fired into the coals to frighten him, but it had no effect on Hassin; we asked him a minute or two afterwards to come up, and he said he would not—the hatch was then shut and we left him for two days without any food or water, on purpose to see whether he would come up—we then wanted some coals which were in the fore peak where Hassin was, and the captain asked him to let us get the coals, but he would not let anybody come down; then he asked the captain to give him some water and he would fill the buckets with coals—the buckets were then filled with coals and he was supplied with water and biscuits—he stopped down there between a fortnight and three weeks, and during that time we supplied him with biscuits and water—he was kept battened down, in the daytime the grating was put over—during that time he supplied us with coals when we wanted them—one morning I saw Hassin on deck in the custody of Thow and Gleaves, and I was present when they took him from outside the ship, hanging by his hands—the captain told me that he awoke of a sudden and found some one touching his hand, and believed it might be one of the Malays, and sung out to the second mate's watch, which was on deck, and within that time; when the captain came up the carpenter and second mate had secured Hassin—this was in the morning about half-past 4—he was then put, with irons on his hands, in between decks, in the fore peak—I think these irons (produced) are the same—by in "between decks" I mean the upper compartment in the fore peak—I understand this drawing (produced), this would be the first compartment, and then underneath that is the second compartment, and then there are the coals, and he was down below on the iron frame—this is the only way down to the fore peak—this is the bulkhead which separates the fore peak from the hold—the deck goes the whole length of the ship—the irons were put on his wrists, and he was battened down that night—next day we found he had slipped them and was between decks—the same irons, by the captain's orders, were then put round his ankles, and the next morning he was in the same place, but he had got free of the irons—the captain then ordered irons to be put round his legs—there were two pieces of iron on each side of his legs, and a chain in between which was secured to a big block between decks—he remained secured in that way about a fortnight or three weeks, and Mr. Evans got the full allowance of food from me and gave to him—during the last part of the time he said to the captain that he was sick, and he gave him medicine, and more liberty, by leaving the hatch open—he was asked on several occasions if he would work, and he said he did not want to do so—either when he was secured like this, or when he had stowed himself away, I could not say exactly which, we were off St. Helena, and I recollect the crew speaking to the captain—they wanted him to put into St. Helena and put the Malays on shore, for they didn't trust themselves that they were safe, and they would sooner work the ship with less hands on board, but the captain said that he could not land them there; he would have to take them to England, and if there was a fault to find with him they could find it out in London—about a fortnight or three weeks after he had been in irons I saw him one day out of irons in the old place where he had been confined, at the bottom of the forepeak, and he had again the carving knife and his own knife—he had given the carving knife up when he supplied us with coals and kept his own knife, and I found him on this day with the carving knife again,
which had been kept in my galley—I mean by out of the irons, he was quite free—when we had him on deck one iron was fastened on one leg, and the other was tied up along the leg with string; he had got the chain away from his leg iron—when the captain saw him he asked him why he had done that, and told him if he would come up and work he would forgive him everything, but Hassin said he would not do so, and he said again "Suppose I kill one, I die"—the hatch was then closed, and a watch was kept on it during the night—I could not say exactly, but I think it was the same day we found him loose, the crew assembled in the cabin, and an agreement was come to amongst us that we should kill Hassin, because he was dangerous, and he seemed dangerous—when he was down below he seemed not to be human, but looked wild, and for that purpose we agreed to kill him, for our safety and the safety of the ship—after that the captain gave directions that if we could by any means get hold of Hassin to kill him—the other three prisoners were there when that direction was given, and when that agreement was entered into—on that day the captain made an entry in the official log, which I signed—this (produced) is the entry, and that is my signature—I saw the captain write this; it is his handwriting—I also saw these other signatures put to it by John Webster, James Gleaves, and Henry Evans. (Entry read: "At noon Hassin got out of irons, and supposed to be provided with the means to enable him to do the same; the steward previous to this told me he had missed his carving knife from the galley, and the second mate, on looking down the forepeak, saw that Hassin was out of irons, and had got the knife in his possession. We, the undersigned, do hereby swear that Charles Hunt, A.B, has been an, accomplice of his, and at various times has been known by the undersigned to have given him things to enable him to get out of irons, one of the articles given to him being matches, thereby endangering the ship by fire, and has also been known to have given him a knife, and every day has been known to communicate with him, and has been known to incite the other coloured seaman Cassin to mutiny, and we all believe he is the cause of Hassin being in this mutinous state. I, the master, suggested to shoot him, Hassin; every one acquiesced with this suggestion, with the exception of Charles Hunt, provided he could not be secured by fair means.") Hunt was not at the meeting in the cabin, but I heard the captain ask him before the meeting if he would agree to do away with Hassin, and he said "No," he would not agree—the next day after this agreement was entered into the hatch was undone by the carpenter, and the captain asked Hassin to come up—I noticed then that the tarpaulin over the hatch was cut, and that in the night-time Hassin had tried to break through—when the tarpaulin is cut the hatch is easily lifted out—the captain then ordered the carpenter to open the hatch, and all the crew went forward except Hunt, he was at the wheel, but he afterwards joined us—the captain and mate and myself and the carpenter then asked him to come up, and told him if he would only come on deck and work nothing would be done to him, but he would not—the captain then told us to fill the place with water to get him up from below—first we used cold water, and then we used two buckets of hot Water—he then came from the lower compartment up on to the next one—I then went down 'tween decks, which would be the compartment above him, and tried to shoot him with the captain's revolver, which the
captain had given me—I lowered myself down to try and get sight of him, and he then threw a piece of wood at me—I asked the captain for his revolver, to shoot him—the carpenter then came down and cut the planks between decks to get a sight of him; the captain told him to do that—when I was between decks I had a boarding pike in my hand, and Hassin caught hold of it, and wanted to draw it down, but I prevented it, and in his so doing he exposed his foot, and Evans fired at him with a gun loaded with shot, and wounded him in the foot—Hassin did not fall at all then—the captain and other officers asked him again to come up and he would be forgiven—he had the carving-knife in his hand then—the hatch was then secured for the night, and a watch was kept—I saw the knife in his hand in the morning when the hatch was taken off, but I did not see it at the time he was shot; nobody could see him then—next morning at 8 o'clock the captain and myself and the three other prisoners and the rest of the crew went forward, and the hatch was ordered to be removed, and Hassin was then lying 'tween decks—I could not say whether he was asleep or not—we afterwards found the carving knife alongside where he had been lying—I could not see whether it was in his hand then—the second mate Gleaves had an old gun, and Webster had the captain's revolver—as soon as the hatch was opened Gleaves shot the gun and struck Hassin by the side of his body—I could not say whether Webster fired as well—Gleaves told me afterwards that his gun was loaded with a slug—I could not say whether I heard more than one shot; we were all so excited—the captain then said "Who will go down and hook him on to something to bring him on deck?" and Hunt went down and a hook was put upon the irons of his leg, and he was hauled up by the crew—it was then that we saw the knife, Hunt fetched it up—when Hassin was on deck we noticed he was bleeding from a wound in the side, and he had also two small shot wounds in his foot—he appeared to be conscious and looked wild round about him—he did not speak—at that time all the prisoners and the crew were there—when we saw the condition he was in we all agreed that he was so badly wounded the best way was to kill him right out—no examination of the wound was made before that agreement was come to, nor were his clothes removed or any steps taken to see what the wound was like—Webster then having the revolver in his hand shot him in the head—I could not say whether he had had the revolver from the time Evans had fired at him—Hassin died about five minutes after that, and about half an hour afterwards the body was thrown into the sea, the irons having been taken off—I afterwards saw Evans bring a crowbar up from below—I had never seen it in Hassin's possession, but I saw it on the deck—this is it (produced)—I know the captain's handwriting—these entries in the log book are in his writing—this is my signature to the entry of the 23rd—that was written after Hassin's death—I could not say if I saw the captain write it—these other signatures are those of Cocks, Gleaves, and the others. (MR. JUSTICE STEPHEN then read from the log various entries of 21st February, March 3rd, 4th, 6th, 7th, and 8th, May 8th, 9th, 10th, and 28th, some of which were signed by the captain and mate and some by various members of the crew.)
Cross-examined by MR. BESLEY. This was the first voyage I had made in the Lady Douglas, and it was the first time I had sailed with Captain Cocks—I had gone out from England in her—she was a three-masted
barque of 507 odd tons burden—that means she would carry a third more than her registered tonnage—eight men went out in the ship who could go aloft—I did not go aloft—there were not too many to work the ship—upon arrival in Australia the men refused to work, and there was an inquiry, and five of the eight men were sentenced to imprisonment—I don't know whether they were discharged from the ship; they did not come back—I don't know that for the purposes of their sentence they are sent by a small steamboat 80 miles, and then they have to get back the best way they can—to replace those five men some Malays were taken on board at Gascoigne, and one of them tried to stab Evans because he would not let him go on shore—there was a boat alongside, and he wanted to go on shore, and Evans would not let him, and he then took his knife out and went behind him—I did not notice it until Smetherst called out to Evans, "Look out, he has a knife." and Evans turned round and got the knife from him and put him in irons—these Malaya are very nimble and also very quiet in their movements—they are deceptive rather in that way, you cannot trust them for anything—they all wear knives in their belts—the crew positively refused to have the Malay on the ship, and requested the captain to take him ashore, and he was taken ashore next day—I don't know that Hassin and Cassia came straight from a gaol—they were shipped a couple of days after this Malay was taken on shore—I noticed the strange behaviour of Hassin when the ship was 35 days out from Western Australia—we were coming by way of the Cape—we had had good weather all that 35 days—this crowbar was not down amongst the coals—I saw it several times on deck, where it generally was kept, on the forecastle head—I saw it there up to 14 days of Hassin being killed—I saw nothing of Hassin for 10 days—I could not say whether any person on the ship gave him food during that time, or whether he came up in the night and took food, but when he came up afterwards he said he came up in the night and stole water—I don't know how he got food during those 10 days—Spitz went down to get up coals just before he was discovered, and he saw nothing of him—he said that some one had put a bucket of water on the 'tween decks, and he thought there was something extraordinary, and then the mate saw Hassin sleeping on the coals—I heard Hassin say that when Spitz came down for the coals he was very near to him, and if he had touched him he would have killed him—I have not had any experience of Malays, and I do not know much about their passions or their temperament—when Hassin came up food was given to him, and he was told to wash, and he was put on a two hours' watch and was properly treated, and no punishment was given him, but he only remained a few hours in that way, and off he went down amongst the coals again the next day—the fore peak is the space of the ship in front of the mast—there is a ladder from the deck hatchway to the 'tween deck but not below that—the fore peak is a water-tight compartment, and is separated from the other part of the ship—you have either to sling or jump down from the 'tween deck to the coals—we used to sit down on the 'tween decks and jump down—any one sitting in that position could be easily killed by a person below, he would be perfectly defenceless—when he was discovered, after the 10 days, an examination was made below, and biscuits and empty bottles were found there—it is easy to get up from below, berause the ship being lower at the bow you can step on the plates and climb up to the hatchway, and then swing
yourself up—the coals are pulled up by a line on to the deck—I did not miss my knife the first time, when we thought he had committed suicide, and when the mate found him, but he must have taken it with him on the second occasion when he went away—this (produced) is my carving-knife, and this is the knife he wore in his belt—my attention was not called to whether or not the crowbar had gone with him on the second occasion or whether it was handed down to him—he was asked by the captain and crew two or three times a day whether he would come up, and was promissed if he did so no punishment would follow, but over and over again he said, "Me kill one, me die"—I understood by that that he meant to kill himself after he had killed one—the effect of this on the crew was that they could not sleep at all, they were afraid to take their usual night's rest, and one man would not go alone on watch, they were in great fear of Hassin—Cassin, the other Malay, had to go and sleep in the çaptain's cab in at night; that was requested by the crew, as they thought for their safety—Hassin looked something like a madman—I had seen a strange appearance about him before he was missed for the 10 days—there were no indications of madness about Cassin, but the crew made the captain put him in his cabin at night, as they were afraid there might be some communication between them—although we did not see Hassin smoking, we smelt he was smoking—Hunt told me that when Hassin was secured the second time, with irons on his legs, he went down to get up coals, and that he left a box of matches there, and gave him some tobacco—it is necessary to have matches to get coals in this place, it is so dark—after he was dead I found a large quantity of firewood collected down there, which I should have in my galley for my fire, and he had also clothes down there—the place 'tween decks was where the ship's tar, and tarpaulins, and stores were kept—after the man was dead I found his trousers were smothered with tar from the tar barrel there—when he was secured the captain ordered him to have his clothes and blankets to lie on—he over and over again said he would not go to London, and said, "Me kill one, me die"—I did not hear him myself knocking with the crowbar against the bulkhead of the ship—when this fear had spread amongst the ere w, Hunt supplied them with tomahawks for their own defence—I could not way whether he had one himself—I saw the cuts in the blanket, Collinson showed them to me, and I was told that the prisoner had come up and done them, but the apprentice was not sleeping in his bunk, but somewhere else for safety—a grating was put over the hatchway in the daytime, so that air could go down, and there being no mark of the grating having been removed in the night, he must have concealed himself on deck on the occasion when the captain felt his hand upon his arm—after he was dead I found these pieces of twisted wire down where he had been, I think they could be made by a dextrous man to open the keys of the handcuffs—the crew were of opinion that he was so badly wounded, and near dying, that it would be a mercy to him to put an end to him—I could not say that before that Hunt said anything about throwing him overboard while he was alive, and that Evans objected, and said it would be better to kill him—I have seen Hunt dancing about in front of the captain, and saying he would meet him in London; that was before Hassin was killed—I have heard Hunt on several occasions swear about the captain one day, and then perhaps next day swear at him—I have stated that for two whole months the ship
was in a state of alarm, and that the crew believed one of them was helping Hassin to get out of irons, that was the most belief—it was almost impossible to get the men to go aloft, they always feared they might meet the Malay when they came down—we were short-handed after having got two Malays in place of five seamen—we believed all our lives were in danger every day by the Malay, and I believe so now, and I would have done just the same as the men now on charge—the log was kept in the usual way, the entries being made every 24 hours.
Cross-examined by MR. AVORY. No one was sent down into the forepeak after Hassin was pulled in from over the side of the ship, and before he was put down there again—he had his own knife with him at that time when he was on deck—he gave the carving knife up when he gave up the coals for food before the second confinement—I do not know of anybody going down into the forepeak and looking round there before he was taken down—I saw the irons on his legs afterwards, and I saw canvas had been put round his legs also, in order to prevent the iron from chafing him—he might have stove in the side of the ship with that crowbar—that could not be done noiselessly, but he could do it during the night—during the last two nights before he died, we had a watch on deck—with the crew we had on board it was necessary sometimes for the whole of them to be aloft—I have not heard Hassin saying his prayers, or anything to enable me to judge of his religion—I did not hear him making any noise before he was pulled up on deck, or while he was on deck—battening down the hatch morely means fastening the tarpaulin over the hatchway—there are some irons outside, and the tarpaulin goes in them, and they are plugged up with wooden plugs—if the tarpaulin was cut, he could lift the hatch and get out—you have to drop from the lower deck to the bottom, there is nothing between them—these stringers are iron plates put up to strengthen the bows, but they don't come right across—you cannot see them as you look down—if anybody went through the hatchway he would fail to the bottom—Hassin was frequently under these iron plates when we looked for him, and we could not see him; and he made himself a hole under the bottom one, so that when we looked down the hatch we could never tell under which plate he might be.
Cross-examined by MR. GEOGHEGAN. The forepeak was the only place where coals were kept, and for two or three days cooking had been put an end to, as we could not get any coals, and when they did come up the smell from them was so foul I could not keep myself in the galley; I got sick over it—when the crew came aft to the captain at St. Helena, Hunt was spokesman, and I think he said he wanted the Malays put on shore on account of the great danger the crew ran—Evans's gun was loaded with small shot when he fired at Hassin—I did not see Evans save Hassin from committing suicide, but I heard of it.
Re-examined. Hunt requested the captain to put in at St. Helena, and put the Malays on shore, because they were dangerous—before he went up to the captain and put the request, they all agreed and asked me if I thought the same, and I said "Yes, by all means"—I could not say the date of that—when Hassin was pulled up on deck one of the irons was locked on him, and one was tied by a string—he must have done that himself—the piece of iron that was found might possibly unlock the handcuffs; I have never tried it—Thow had charge of the tools—he had
a carpenter's chest with him, and he gave out the tomahawks to the sailors—Collinson, the apprentice, and Christianson took them—one was a chopper, and one a mawl—when I say Hasain was mad, he was inhuman in his behaviour, he had such a strange manner, he could not look in anybody's face, he seemed as if he wanted to bide something—I have several times asked him questions, and he would not look at me, and went away.
CHARLES GOODLIFF HUNT . I have been a seaman all my life—I was on board the Lady Douglas on the voyage from Australia—there were two Malaya on board—one is outside—the other stowed himself away in the forepeak—I have not been drinking—I don't take drink—I am a Blue Ribbon Army man, only I am agitated by the Counsel's questions. (The witness's conduct while giving his evidence was very excited and extraordinary.) I remember the Malay who was afterwards killed being down in the forepeak—I remember water being passed down to him, and he passed the coals up—he was in irons—he was fastened as well as me and Mr. Evans could make him fast—we were Christians, and, of course, we passed the canvas round his hands so that they should not hurt his heart—that was after he had been in the cabin and frightened the captain, and when he dropped the matches from under his shirt—the irons were put on his hands, and a piece of chain was put through the purchase block in the forepeak—none of us sailors could afford to buy London matches; of course he got them out of the cabin—they were Bryant and May's matches—I am no scholar, and I am very ignorant; at least I am halt daft—the doctor told me I was not right in my head—I am allowed to get my living as long as I keep out of a lunatic asylum—after this affair about the matches the Malay stowed himself away—the captain spoke to him—I remember the day he was killed, the 23rd April—my God, it was blowing pretty stiff, and the rain was coming down—I said "Blame me if there is any responsibility"—they were always blaming me for everything—I never liked the captain, nor he me—he never spoke to me, nor I to him—we did not like each other—he was no friend of mine. (The following passage in the log was read by the Court to the witness: "I, the master, suggested to shoot him; every one acquiesced in this suggestion, with the exception of Charles Hunt, provided he could not be secured by fair means.") That is where he made a fool of himself—I did not like to see murder done—I did not know he was out of irons—I was an English sailor—they wanted a German crew, and they got a nigger to beat them—did the captain suggest to shoot him? yes, he did, and I was very sorry—it was his ignorance—Chippie was at the wheel—I said nothing about it, because they all said I was an accomplice and wanted to cut their throats, but I did not mean that—I did not agree to his being killed—I would not like to be killed myself—I was at the wheel; the captain asked me would I have the man killed—I said "Let him be tried before an English jury; let him be tried properly"—then Collinson got hold of the wheel—he said "The man is out of irons"—I said "Bother the man I am sick of hearing about the nigger"—they were going to flood him out overnight—I said "A very good idea, that is the only way to get at him"—it strikes me my old head won't hold much longer—we poured the water down—that did not hurt the vessel—the nigger got in between decks, and he was like a monkey—we could not get at him—I know the captain was in trouble about him—I was rather
uneasy myself—the fellow was no fool—they put the hatch on, and said "Let him be till the morning"—in the morning he was very near done for—we opened the hatch, and that was where the trouble commenced—they poked him up I believe—the second mate opened the hatch—I said he might go down where he was before—they caught him in the loins with the slug they had in the gun—the second mate fired the gun—I did not have the gun—I would not kill nothing—it caught him just above the belt—we were all excited, and the poor wretch started singing a death song—I did not understand his language, because I am a Christian—at last he turned over; the knife lay by the side of him—they asked who was going to have a look at him—I did not want to have anything to do with it—well, somebody had to go down—the captain says "Go down and get him up, "and I went down and hooked him up—we could not find a rope—there was nothing handy—we got the bucket we put the coals in, and we hooked him up—he had the ring irons on his feet, and we hauled him up on deck—he was a small man, like those things you see sometimes in the bazaars knocking about for a living; a hungry looking fellow—when he was pulled up on deck, I saw he was wounded on the side—I laid him down and looked at him—a shot went off, and it was all up—he was done for—I did not see who fired the shot—I said the best thing we could do was to have the funeral prayers of the Church of England read over him—they said "If you like," that was for the captain, he is a Christian man—I put my hand on his breast, and he was dead—he died about five minutes afterwards—I saw him close his eyes, and I said "it is all up," as he was shot just behind the ear.
Cross-examined by MR. BESLEY. I said I was daft, and had to keep out of a lunatic asylum—I have not been in one—I was told so by Dr. Cooley, of Bermondsey, even Cocks knows I am hanky panky—I joined this ship at Freemantle—it is not true that the Malay was always saying he would cut our throats.
DAVID THOW . I was carpenter on board the Lady Douglas on the voyage home—I am a Scotchman—I knew the man Hassin who was killed—he disappeared, and we thought he had committed suicide—after that he was put in irons—I saw him on one occasion come from the captain's cabin; I don't remember the date—it was one morning between 4 and 5—he went over the ship's side—he was pulled back, and was taken aft, put in irons, and put in the forepeak—I remember the 21st April, when the agreement was made to kill him—the captain asked if we were all agreeable to do so—we said of course something had to be done to secure the man as he was in a wild state—we agreed that he should be killed—this entry was made in the official log, and I and the other men signed it—that same day I went down between decks and cut out three planks so as we could get better at him, to get hold of him—he was at one side of the ship, just wanting a chance to get a dig at us with the knife—Evans was standing by to protect me while I was at work—after that he fired a gun and wounded him in the foot—I did not see it, but I saw the wound afterwards—he called out; I don't know what he said; I don't know the language—only that one shot was fired that day—the day after the Malay was lying in the forepeak, and Gleaves, the second officer, fired at him with a gun, it hit him in the side—I could not say what the Malay was doing at the time—I had
just turned to other duties—I did not see him exactly at the time the shot was fired; I saw him just after; he was then lying down—Webster was then on deck—he had no weapon that I saw—Gleaves was the only one that had a gun that I saw—the captain had him revolver there—he did nothing with it—I saw Hassin hauled up on deck—I then saw the wound in his foot—I saw nothing of the wound in his side, because he had some clothes on—I could see by the blood that he was wounded—he was quiet at that time; he was alive—we passed the remark that it was a pity to keep him confined, and to kill him outright—we all agreed to that together—then Webster got the captain's pistol, and fired a shot at him in the head—I don't know how he came to get the captain's pistol; I suppose he had asked it from him—the Malay was then lying on the deck—I don't know how near to his head Webster put the pistol; he was some little distance—he died 5 or 10 minutes afterwards—before Webster fired at him nobody pulled up his clothes or examined his wound—I only saw the blood through the clothes—then they tied a weight to him, and he was thrown overboard—I do not understand navigation—I cannot point out the position of the ship at this time.
Cross-examined by MR. BESLEY. I joined the ship on the outward voyage—that was the first time I served under Captain Cocks—I remember the time when the Malay was missing, and it was supposed he had committed suicide or fallen overboard—he had a strange manner about him before that—after that he came on deck and worked for a few hours, and then went down again—I did not know that he had taken the carving knife with him—the crowbar was in my possession before that—with that crowbar he could easily have stove in the side of the bows—he might have stove in the bulkhead if he had had time, and made a hole in the ship—I did not see him use the crowbar against the rivets of the ship, but I heard him—that was after he had slipped the irons—I heard him knocking; I did not see him knocking the ship's side; I judged from the sound it was there—I was on watch on deck at the time—that was the night we were all on watch, the night after he had been found in the captain's cabin—I heard the captain call out—I did not see him running from the cabin—I saw him coming in the direction from the cabin—when I caught him he was outside the ship's chains—he had the knife on him then; that was his own knife—I did not see Collinson's blankets with cuts in them—we had not been without coal to cook our food with for two or three days, but we required coal at the time we asked him—he was supplied with food regularly up to the very last—he was told up to the very last that if he would come out and give up the knives he would have no punishment—I don't know the meaning of "running amuck"—for two or three days before his death the crew was in a state of alarm on account of him—we kept watch on the hatch for several nights to see if he tried to escape—when I was cutting the planks he tried to attack me with a knife—he was a source of danger to the crew and to the ship—I saw the knife protruding through the tarpaulin, and I tried to break it, and failed—I don't know what the shot was that wounded his foot—at the time he was taken up from the forepeak I saw from his appearance that he was dying—I have no medical knowledge—I knew that he had been shot in the side, and from his appearance I knew he was dying—I did not hear Hunt suggest that he should be thrown overboard—I did not hear any one suggest
it, but I knew he would have to be thrown overboard—I did not hear Hunt suggest it before he was dead—when he was down in the fore-peak I asked him where he got the carving-knife—he laughed, and showed it to me, and said "One man die, me die"—he expressed that to me twice, when I asked him where he got the knife—every morning and night when he was given food he was asked to come up and give up the knife and he would not be punished.
By the COURT. He was about 5 feet 4 in height; he was not a strong man.
By MR. BESLEY. The Malays are very quick in their motions, and very stealthy—they will come behind you in a moment with their knives—before we agreed to kill him we knew that he intended to kill some one; there was no mistake about that—I did not know till afterwards about his saturating his clothes with tar and having matches down there—I had not smelt him smoking.
Cross-examined by MR. AVORY. When he showed me the knife it was that way (holding out his hand), and he said, "Suppose one man die, me die"—I was one of the men who assisted to pull him in from the ship's side, Gleaves was the other; he had not been hanging there over five minutes, we pulled him up close—after he came out of the cabin he got over the ship's side, and we immediately went and pulled him back, he had a box of matches under his armpit, I suppose they were cabin matches, they were Bryant and May's, there were no such matches anywhere else except in the cabin, that was the only place where they were kept—I had noticed the hatch the night before I saw him coming apparently from the cabin; I had battened it down myself under the belief that he was down there, the chief officer was with me—I saw it next morning after I saw him on deck; it had not been disturbed as far as I could see, it was quite clear that he was not down below when I battened it down—it was a day or two before he was shot that he refused to send up any more coal—he had sent them up previously, till he was confined in irons, after that he was not asked to do it, he could not, he was between decks then—while he was secured with the irons we were able to go down and get the coals ourselves; when he got free we could not go down and get them—he did not send up any more coal after he got free from the irons.
Cross-examined by MR. GEOGHEGAN. When Evans fired the shot that wounded him in the foot Webster and I were close by—it was when I was between decks that he tried to make a drive at me—he made a blow at me three times before Evans fired, I don't know what sort of shot he fired with—one time, when he tried to jump overboard, Evans prevented him—the crew were afraid to come near him because he had a knife in his hand, and Evans ran and caught him—that was before he went below the second time—Evans did that at great danger to himself.
Cross-examined by MR. GRAIN. On one occasion I was present when he attempted to stab the chief officer and Webster; they were trying to get at him, and he said, "If you come near me you shall die"—he then had a knife, not both knives—I don't know where he attempted to stab them, he made a run at them to get at them with the knife, they were all three down between decks at the time, the chief officer and webster; the Malay was down below, he was making an attempt to get up to them, and said somebody should die—he was not in irons then, that was before he came up the second time, before he had been put in irons—he flew at
them with the knife, he repeated several times words to the effect, "I will kill somebody first, and die"—that was almost his daily word when asked to come up; he said it then—when I saw him on deck after he had been shot in the side we were all close by—when it was said it was better to kill him, and put him out of his misery, I don't know whether Webster said "Is that the determination of all of you?"—I did not hear him say so.
By MR. AVORY. We put in at Havre—I don't know that the captain reported the matter there.
Re-examined. When the Malay flew at the chief officer and Webster I could not say how near he got to them, they were going up the hatch; they were between decks and he was below—I was not there exactly at the time—I was not looking down the hatch at the time—he got to about four feet from them—nothing more was done, he went down below again to his old position—there was no great difficulty in battening down the hatch, I secured it overnight; it could have been opened from underneath, but it would have taken some work to have done it.
By the COURT. The opening between decks and where he was could not have been fastened; we had nothing to nail over it, there was no piece of wood or anything in the ship; there were spare spars—I could have sawn up one of them and done it, but that would have taken time.
By MR. POLAND. When I say there was danger to someone, I mean if he had got out of the fore peak with his knife—I did not know till after he was killed that he had the crowbar down below—I had heard a knocking, he was hammering the ship's side on both sides—I did not afterwards go and look to see whether the ship's sides were damaged by the knocking—the ship was built of iron, about five-eighths in thickness—the bulkhead compartment was three-eighths or half an inch, I could not say exactly—the fore peak was a water-tight compartment, there was no lining—when the man was brought up on deck I thought he was dying by the looks of him—I did not look to see what sort of a wound it was, or feel his pulse, nobody did—I had seen a man die before, I have seen them fail from aloft and killed—I never saw a man killed by a gun-shot wound.
By MR. BESLEY. This ship was 36 years old—I don't know whether it was possible owing to the rust to see marks of any blows—the removal of the rivets might enable a person to remove the whole plate if there was time.
By the COURT. I did not go down when I heard the knocking; I was down the next day—the man was down there that night—I had no orders to go—I should want orders if the ship was being sunk; I did not ask for orders—I did not think she was in any danger from his knocking—when Webster and the chief officer were down there he was never within four feet of them; he was below and they above—they had nothing in their hands at the time—I suppose they never thought of such a thing as the man rushing at them; they thought themselves in great danger—I don't know why they went down without any kind of arms.
KARL CHRISTIANSEN . I was an able seaman on board the Lady Douglas—I went out in her from England and returned in her—I was one of the men who signed the official log when it was agreed to kill this man—I did not see any shots fired after that—I was a away from the
hatch when the shooting was going on—I heard the shooting but did not see it—I saw the first shot and I believe the last—Evans, the chief officer, fired the first shot; that was the day before the man was killed—I believe the second mate fired too—I saw him fire a shot—I did not see where it struck—I believe the second mate fired the next morning; I saw him—I don't know who else fired on that day after he was hauled up—I could not tell if there was more than one shot before he was pulled up—the Malay was nearly dead when he was pulled up—I judged that because I saw a moisture come over his eyes—I did not go to examine in what stat e he was—I saw a little blood on his foot and on his side—he was wearing his clothes, and I could not see what sort of wound it was; I stepped away—I saw him shot afterwards in the head—the captain passed the revolver over to Webster, and then I went away; I only heard the shot, but I saw afterwards that he was shot in the head, and he died—I understand latitude and longitude—we were not over a couple of days sail from the Azores on the 23rd—we had not come to them; it would not have been out of our way to have stopped at them, but we did not see them on the homeward voyage.
Cross-examined by MR. BESLEY. I do not know whether the wind prevented the captain getting into the Azores—after Hassin had been put into leg-irons I saw him trying to get out of them; he was using pieces of iron for the purpose. not the wire that has been shown—I reported that to the chief officer—we were frightened that he would get out of his leg-irons, and we were afraid to sleep anywhere near the hatch—he told Jack Webster that he would be a dead man before he came to London—I also heard him say "I kill one, me die too"—I saw him running away from the captain's door—I went into the forecastle to lie down at 12 o'clock, and blew the lamp out—Spitz came in and lit it, and I blew it out again, and saw someone run away towards the bunk where I usually slept, and about a week afterwards I saw my blanket, and it had a little cut in it nearly an inch long, which looked as if it had been done by a knife.
Re-examined. it was my blanket—I don't know how it was cut, or who did it; I was not cut—that was about a week after Hassin came on deck.
By the JURY. It cut through two ply of blanket—I was not sleeping under it; my bed was gone overboard before that, but it was where I was accustomed to sleep.
FREDERICK STANLEY SMETHERST . I was an apprentice on board the Lady Douglas, coming from Gascoigne—I recollect going to the hatch on the morning Hassin died—the hatch was removed—I looked down, and saw Hassin lying on his side, just waking up from sleep—I believe I signed the log after he was killed on that day.
Cross-examined by MR. BESLEY. I was apprenticed to the owners of the ship four years in Aug.—we were rather short-handed on the voyage, owing to the five men leaving at Australia. especially of men able to go aloft and furl the sails—I saw a knife in Hassin's hand when he got free of his leg-irons—he appeared then to be like a madman; he was biting the knife—I agreed with the rest of the crew that he would have to be shot, for the safety of the ship and crew; that was after he had got free from the leg-irons—we did not; think it necessary that he should be shot till he got off the leg-irons—no one could go down through the hold to the forepeak without being stabbed by him—I heard him say "Suppose
me kill one man, me die"—when the chief mate had the lamp in his hand for the purpose of looking down the hatchway, Hassin jumped up as we were looking at him with the knife in his hand, and said "You die"—that was before he was put in leg-irons.
Cross-examined by MR. AVORY. He said he was a Mohammedan—we called at Havre, and I went ashore there—the captain sent his log ashore there, I do not know who to, and a gentleman brought it back—he talked English—I don't know if he was an Englishman.
Cross-examined by MR. GEOGHEGAN. At Gascoigne I saw a Malay make an attempt on John Evans's life, and he was put in irons—I also saw Evans save Hassin's life—he attempted to commit suicide; be jumped up on the rail with a stool in his hand, and Evans pulled him down.
Cross-examined by MR. GRAIN. I don't remember whether before Webster fired he turned round and said "Is that the wish of you all?"—when the shot was fired which wounded him in the side he had just woke up from his sleep, and was rolling over to go down below—the second mate and Webster fired, and one of them hit him in the side.
FREDERICK CHARLES COLLINSON . I am an apprentice on board the Lady Douglas—I went out in her, and returned in her—I am 18 years old—I was not present at the time the agreement was made to shoot the Malay, but I was there just when the mate fired—when the proposal was made to shoot the man they all agreed to it, but Hunt said "Don't kill the poor wretch"—that was about 12 o'clock on a Saturday morning—I was at the wheel and all hands were forward, and I did not hear what was said before Hunt said that, but I heard him because be shouted it out—I was then released from the wheel and went forward, and all the crew said "it is the captain's duty to shoot you"—that was about 2 p.m.—the Malay was then in the forepeak, and the hatch was off—they did not shout that out all together; they went up one by one—they did not each say that, but to that effect "it is his duty to shoot you, or else the crew will be killed or drowned"—I was not there when he was killed—I beard the shots fired about 4 p.m., but I don't know anything about when he was killed, I was at the wheel—Saturday was the 23rd.
Cross-examined by MR. BESLEY. I made a statement to a gentleman at the Treasury of what my evidence would be—I did not go before the Magistrate—before the Malay was missing, I noticed that he had a queer look, and when he was missed it was thought that he had committed suicide or fallen overboard—when I saw him after that he was only a few hours on deck before he got a way and went down to the same place—when he was down in the hold I saw that his head was bare—I heard him down there sharpening knives on the coals—I did not see him concealed under a boat on the evening he ran away from the captain's cabin, nor did I see him go over the side—I saw some matches drop from his armpit; that was after he was called over the side—the whole of the crew said that it was the captain's duty to shoot him—they said that just before they went and signed the log—it is true that for three weeks we had no proper sleep on board for fear of his getting loose—I remember keeping awake when I was below, and hearing a knocking at the ship's side like the noise of a crowbar hitting iron—that went on for an hour—that was the same time that I saw his knife put through the tarpaulin—next morning the mate and carpenter spoke to him, and said that if he would come up be should not be punished—he made no reply, and whe
the captain asked him to come up, he said "You come down here," and made a stabbing motion with his hand with a knife in it—he was underneath the iron plate while the water was being poured down, and he got under another iron plate—I have said "Every time we peeped he was ready to spring on us"—that is true—it is true that Hassin was neither ill-treated or punished all the time—the statement I made at the Treasury was purely voluntary—I said "We were all afraid he would kill somebody, or fire the ship, and from the time he secreted himself till his death there was no peace or safety to be felt on board."
Re-examined. We were kept awake at night—I knew that he was batned down—I was not on the watch every night—we had a short crew—there was a watch on the forecastle head—by danger I mean that though he was battened down he might possibly get out—by peeping at him I mean that we looked down between decks—he was on a different level to us, down below.
By the COURT. He was not a great way down; he was underneath the iron plate close to the deck—I was not peeping at him—the crew were between decks peeping at him—I said that he was ready to spring on them—he was not five or six feet below them; only three feet—the next thing you come to under the between decks is an iron plate—when he was ready to spring upon them he was standing on the second iron plate—the second plate does not come so far forward as the hole—he would have to spring sideways, and four or five feet higher than he was, yet I really mean to say that I thought there was danger.
By MR. POLAND. I believe I saw him spring once—when the mate fired he was ready to spring—I believe he did spring once, but I did not see him.
Cross-examined by MR. BESLEY. I shipped in Australia; I had been there over a year—I lived in the neighbourhood of Gascoigne one month with Hassin and Cassin—I lived with another Malay, he was cook—that was not the same man who attempted to stab them, but he came there too—I did not learn before I went on board that Hassin, who is dead, had stabbed a man, nor did I say on our voyage to the Cape that Hassin had killed a man—I signed the log to kill him because we were afraid of him, that he would kill us in the night; nobody could sleep.
Re-examined. We were afraid because we could not trust him that he did not get out of the hatch—he was battened down, but we did not know whether the other Malay who was on deck would not help him to get out, I do not know where he got anything to eat from.
CASSIN (Interpreted). I am a Malay, I joined the Lady Douglas at Gascoigne—I was engaged working at the coal—I only knew Hassin when he came on board—I remember his stowing away himself at one time—I did not speak to him after he was found stowed away, or he to me—he told me that he was not well, but I did not tell the captain—he told me I must not come down the forepeak or else he would kill me—I did not say anything to that—the captain locked me up three times in the cabin, first for 11 days, second for three days, and a third time for a a day and a-half—he did not tell me what he locked me up for—I did not know that they were going to shoot Hassin, and I do not know when
they killed him, but the captain told me he had been killed and thrown overboard; he said that Hassin was going to use a knife on the skipper, and that was the reason he shot him—I always worked all right.
Cross-examined by MR. BESLEY. When I was locked up I only came out to get my meals—he told me to go on deck one day and scrape the deck and oil it—I did what I was told; I worked—after Hassin was found in the forepeak they altered my place to sleep from the forecastle to the captain's cabin—some of my countrymen are very savage, and some are not; some of them when they get excited like to kill a man, and some do not—some Malays like to kill somebody before they die when they get excited—some of them believe that if they kill someone they go to Paradise at once. Hassin was a native of Ares Island, he was just about the size of this interpreter.
DONALD SWANSON (Police Inspector). On 21st May I received a communication from the Board of Trade through the Home Office, in consequence of which I went to 110, Fenchurch Street, the office of the owners of the Lady Douglas—I there saw James Cocks—I told him who I was and that I should take him into custody for causing the death of one Hassin on board the British barque Lady Douglas in Shark's Bay on April 23rd—I cautioned him; he replied "it was on the way home; it was done for the safety of all the crew and the ship also"—subsequently he said "I landed at shadwell dock stairs to-day"—I then took him to the Wrapping police-station, and when dictating the charge to the inspector he interrupted me, saying, "I did not say I did it with my own hand; under my direction the following fired the shots, Mr. Gleaves, chief mate, Evans, second mate, and Webster, an ordinary seaman"—continuing he said "I had fired at him myself, but could not hit him, the day previous, when he was trying to knock a hole in the ship with a crowbar"—Gleaves was afterwards brought to the Thames police-court—I there read the whole of the captain's statement to him that I had taken at the time as I. have here—he replied "it is quite true"—I read it to him again so that there should be no misunderstanding—he said it was quite true.
Cross-examined by MR. BESLEY. I said Shark's Bay from the communication I had received—I know now that to be in error—it was on the voyage from West Australia to Havre—the communication was in error which I had received.
Cross-examined by MR. AVORY. The communication came from the Board of Trade originally; they got an informal report from the British Consul at Havre.
GEORGE WRIGHT (Police Sergeant, Thames Police Court). On the afternoon of 21st May I went on board the Lady Douglas—I called Evans and Webster into the chief Cabin and said to. them "I have been informed that the captain said while the charge was being taken against him that you two men shot the deceased; you need not make any answer unless you choose as it may be made use of for or against you"—they both said "Yes, it is quite right"—Evans afterwards said "I shot him in the foot, but I believe he died from the effect of Webster's shot; we did it for the safety of the ship, if we had not killed him he would have killed us"—they were taken into custody and charged—I got on board the hand cuffs which have been produced to-day and the wire and the pistol—the pistol was handed to inspector Reed—I saw it handed to him; an ordinary pistol, and the rifles were ordinary rifles.
Cross-examined by MR. GEOGHEGAN. What Evans said was "I shot him in the foot to disable him."
DAVID FRANCIS (police Sergeant). I assisted to make this plan and it is correct—it represents the forepeak of the ship—before joining the force I was at sea from infancy—I have marked on the chart with assistance the position of the vessel on the 21st April.
GUILTY. The JURY stated "we wish strongly to recommend them to mercy, believing that what they did was done in ignorance of the law, and we wish our recommendation to receive your Lordship's most merciful consideration. "
Sentence— DEATH . A reprieve was subsequently granted, Cocks' sentence being commuted to Five Years' Penal Servitude, Gleaves and Evans to Eighteen Months' Hard Labour each, and Webster to Twelve Months Hard Labour.
For Cases tried in New Court on Thursday see Surrey Cases.
THIRD COURT.—Thursday, June 30th, 1887.
Before Mr. Common Serjeant.
MR. POLAND Prosecuted; MR. AVORY defended Taylor.
WILLIAM ROBERT CARPENTER . I am managing foreman to Sebastian and Pierre Erard, pianoforte manufacturers, of London and Paris—the names of the partners are Madame Elizabeth Louise Camille Erard and George and John and Charles James Bruzaud, and they trade as Sebastian and Pierre Erard—their London address is 18, Great Marlborough Street—these paper labels are put on the London cottage pianos, and are then varnished over. (These contained the words "Patent, Erard, London, "in gold letters on a black ground) The same thing is put on better-class London pianos, principally the grands, but instead of being paper it is in brass inlaid, and exactly the same design—on Paris pianos there is simply on the fail the word "Erard," of the same design, without the "Patent, London"—the fall is the part that covers the keys—that is on cottage and upright Paris pianos—inside the Paris pianos we have a separate and distinct mark on the sounding-board under the strings—this is a facsimile of it—on 5th May I went to Vale House, Tufnell Park Road, where there was a sale, and I there saw the piano described in the catalogue a 7 octave trichord piano, walnut-wood case, by Erard—I looked at the label on the fail; I looked at the piano, and was perfectly satisfied it was not Erard's manufacture—there were no marks at all on the inside of the piano—the label was oblong, black paper, printed in gold, "Sebastin Erard" in German text, and underneath "Paris" in ordinary letters, similar to the "London" in the genuine label—the word "Erard" was an exact facsimile of that on our label—I gave verbal and written notice to the auctioneer just as he got into the rostrum to commence the sale—I went at 11 o'clock on 5th May, and the sale was at 1 o'clock that day—I do not know what has because of that piano—I heard it knocked
down for 23 1/2 guineas, I believe—it was new—Erard's cheapest cottage piano is 50 guineas.
Cross-examined by MR. AVORY. Fifty guineas is the catalogue price of the cheapest—the amount of discount off is not my department—no one told me not to answer such questions; I am not a salesman—to the best of my belief this piano was knocked down at the sale at 23 1/2 guineas after the auctioneer said he had received information from Messrs. Erard, of 23, Great Marlborough Street, that it was not one of their manufacture—some one in the room said nobody said it was Erard of Marlborough Street, but Erard of Paris—our trademark is registered—there is no other but this (produced) that I know of registered—there is no Sebastian Erard a member of the firm now, he is dead, but the name adheres to the firm—I looked inside the piano; there was no impression of any trademark of ours inside it—that was only put in our Paris ones—this is the label we put on the fail of our Paris pianos; it is "Erard" without the "Patent" and "London"—the majority of piano-makers put the name on the piano in black and gold—we decidedly do not claim any special property in the black and gold—the label we put on the fail of the Paris pianos is usually a brass one—it is not usual to put a paper label on the Paris pianos—we make no Paris cottage pianos—this piano was a cottage—we have discontinued for some years making cottage pianos in Paris.
Cross-examined by Allen. I attended the Bale at Tufnell Park, because of a communication we received from a person who had Been the piano and had doubts about it—he did not describe the label, but said he had seen a piano bearing the name of Erard, which he should like us to see for ourselves—to the best of my belief he gave no description of the label—he wrote a letter to the house—I did not know it was not one of ours or what piano it was till I saw it—our solicitor waited upon Mr. Denny, the auctioneer, in reference to the matter; I was in company with him on one occasion—I do not know what happened between the Solicitor and Denny—the first I heard of it was at the police-court—I did not hear the solicitor hold out any threat that if he did not implicate you in this transaction he would himself be prosecuted—I cannot say that such a statement has been made to my knowledge; I know nothing of the sort—the matter has been in our solicitor's hands, I have had nothing to do with Mr. Denny about the matter—I did not see any number on the piano, I looked in the usual place for it—I do not produce the alleged forged label; I took no tracing of it, it did not occur to me—there are not many label printers in London—I have been 23 years with Messrs. Erard—we have only dealt with one label printer to my knowledge—I have made no application to any printers as to when and where these labels were printed—we have not tried to ascertain where the, labels were printed; we have heard of them.
Re-examined. We have discontinued making cottage pianos at Paris for two or three years—we still make upright grand pianos there—I am quite sure the word "Erard" was precisely like this.
ROBERT ALLEN FEAST . I am clerk to Messrs. Dodd, Longstaff and Co., solicitors for the prosecution—I served a copy of this notice to produce on 27th June, at Messrs. Corbin and Greener's office, 85, Gresham Street, the solicitors for Taylor.
(MR. POLAND proposed to read the notice. MR. AVORY objected that he
must first prove that they were in possession of that which the notice called on them to produce.)
FREDERICK WILLIAM DENNY I am an auctioneer, of Station Road, Finsbury Park—I have been there about seven years—I have known the two prisoners a few months—their place of business is a piano shop in Seven Sisters Road, Holloway—the name up there is Allen and Taylor, I believe—they have pianos, but not many in the shop—I bought a cottage piano there on 27th April, and paid 13l. 10s. for it—neither of the prisoners was there then—I sent that piano to Vale House, Tufnell Park, to be put in the sale of furniture there on 5th or 6th May—I sent it a few days previous to the sale, on the 4th or 5th—I saw it at Vale House on the day of the sale—on the fail was "Sebastian Erard, Paris"—I did not think it was an Erard, and I do not think anybody else would have thought so—I have never seen any other pianos in that shop with a similar label—I have seen loose labels at the shop on thin paper; some time in April, I suppose.
(MR. AVORY objected to any evidence about the labels, as it had not been shown that they were in the prisoners' possession. and as it was not relevant to the present charge of forging a label on a particular piano. MR. POLAND said that they were found in the prisoners' shop, and that he need not prove they had manual pots session of them. THE COMMON SERJEANT admitted the evidence.) I saw, I suppose, ten or a dozen piano labels in the shop in April, in a little drawer, a port of desk which one of the workmen there opened—the prisoners' names were on some of them, and "Sebastian Erard, Paris," on others, the same as on that I bought—I saw one or two of those out of the dozen—I cannot tell you the exact number—I think the name of Hummel was on some—I don't think there is a piano manufacturer of that name—those were the only names I remember—I don't think there were other names—I saw neither of the prisoners on either occasion, when I bought the piano or when I saw the labels—I had seen the prisoners there two or three months perhaps previous—I cannot swear that I have seen them both there—I have seen Taylor there, and I think I have seen Allen—I have been to the shop six or eight times—I was applied to by Erard as to where I got the piano from, and was served with a written notice under the Statute.
Cross-examined by MR. AVORY. I don't understand that I was threatened by Erard that if I did not disclose all about it I might be prosecuted—they summoned me to the police-court—when I visited the shop and saw these labels, and when I bought the piano, on 27th April, neither of the prisoners was there—I knew perfectly well when I bought this piano that it was not one made by Erard, of Marlborough Street—I believe they only put "Erard" on theirs—it was a new piano—I hold sales at my own place—I did not put it up for sale myself, but put it into somebody else's sale—that is not an uncommon thing to do—auctions are sometimes held without stuffing of this kind—I put it in another auctioneer's catalogue, because the piano in the house was taken out, and the auctioneer asked me if I had a piano, and I put a better one in—I was present at the sale—the auctioneer told everybody that this was not one of Erard's make—I got this piano as cheap as I could—it was worth 13l. 10s. I think—I should not have given that if I had not thought so—it had a very
good inside to it—there were the usual works, the keys and wires and everything—it was an iron-framed piano.
Re-examined. I have not got the invoice with me—Mr. Pettitt took the money for it.
----PETTITT. I am a printer and stationer, at 186, Seven Sisters Road, next door to the prisoners, and I was asked by them, about 27th or 28th March, to manage the financial part of their business—on 1st April they ceased personally to attend to the business, but did not cease occupation—their names remain up now—on 27th April I was called into their shop and saw Mr. Denny, and made the bargain with him about the piano, and sold it to him—one of the men received the money—I afterwards had it, and I have accounted for it to the two prisoners—I believe when they left on 1st April there were two pianos for sale in the shop—I first saw piano labels in the shop somewhere about the time Mr. Denny came in—I had not looked for any before—there were workmen there—I did not print the labels; that is a different trade altogether—neither of the prisoners told me where they were printed—I did not ask them.
Cross-examined by MR. AVORY. There were very few pianos sold unless I was consulted about the price of them—if any body came in and there was a fixed price, and the purchaser was willing to give it, there would be no necessity to consult me—the lowest price of the piano that Denny bought was more than 14l. 10s., and I was called in to authorise the foreman to take less than 14l. 10s.—I know the piano sold on 27th April was neither of those two that I saw in the shop at the beginning of April—I know the partnership between the prisoners is dissolved, and the place but up—when I sold the piano there was no fail—it was not completed—the keys were exposed to view—I had nothing to do with fitting the fail afterwards.
Cross-examined by Allen. I have been in the habit of selling pianos without labels—I have sold a great number on account of the defendants.
Re-examined. The fail was put on afterwards, but not when I sold it—pianos are not sent away without falls, but the fail was no trade when I sold it—I first saw it that morning when I was called in; it had not been commenced the week before—the falls are not all the same size—the case of a piano can be made easy enough—it is taken into consideration in fixing the price that there will be a fail, it is easily taken off and put on.
By the JURY. No agreement was made with me as to what name should be on.
Allen in his defence said that it had been proved that he and Taylor were array from the shop after 1st April, and that therefore all that was done after that date was without their knowledge and beyond their responsibility.
NOT GUILTY .
MR. BIRON Prosecuted; MR. GEOGHEGAN Defended.
SAMUEL POOL . I live at 43, Evelyn Street, Deptford, and am a booking clerk at the South-Eastern Railway, Cannon Street—on the 31st May at 10.15 a.m., the prisoner came to the booking-office for four 3rd
class tickets to Wye—they were 5s. each, 1l. for the four—he gave me this coin (produced)—I placed the four tickets on the counter—he snatched up the tickets and bolted away from the window quickly—I took the coin up and noticed there was a woman on the reverse side, and that it was different to a sovereign, and I called out to my fellow-clerk to look to the window, and rushed out after the prisoner, and then I rushed back and took the numbers of the four tickets—they were 40, 41, 42, and 43—I then went to the barrier and gave the man who was nipping the tickets the numbers I wanted him to stop, and I went to the stationmaster's office and telephoned to London Bridge to stop the four tickets if they were presented there—I then went to the barrier and watched the man nipping the tickets—I went back to the office to see if the clerk could manage without me and returned to the barrier—after standing some time, and when the train was about to come in, a communication was made to me, in consequence of which I went to the end of the platform and saw the prisoner—I said, as near as I can remember, "Where are those four tickets you had for the coin you gave me?"—he said "Search me"—I took him back to the station-master's office—he was charged, but not searched there—a constable was called in and he was given in charge—the hole through which I gave the tickets is 22 inches by 16 inches—I can see a person through it.
Cross-examined. The Wye races are near Canterbury—it is a gate meeting, and people booking for the races book from the Canterbury office—we always have to have the gas alight because the booking-office is dark—there is wire over the window and a small hole in the wire—the window slides up—the whole of this matter took place in a second—the Wye train went at 10.40—I knew I should have a rush of third-class passengers for that train—all the tickets were in the tube, I made impressions on them as I gave them—the coin was lying on the counter when I put the four tickets there—this ticket, 0115, admitting to the races, was issued after the four I have spoken of—I think 195 tickets were issued for Wye races on that day—I think this ticket 0115 was issued about 10.30, and the other four tickets at 10.15—I am not positive about the time; I did not notice the time—the 195 were issued between 10 minutes to 10 and 20 minutes to 11—the more I see of the prisoner the more positive I grow about him—at the police-court I said that I said to the station-master "I feel almost positive he is the man"—I am not more absolutely certain now than I was then—I saw his face when I placed the tickets on the counter—I was not looking at the coin then, I laid the tickets down first and looked at him then, and then he ran away—I looked at him at the time I was making the Impressions—a good many people from the East-end go down by that train and a good number of bookmakers—the prisoner came when it was quite slack—I have not seen bookmakers with gay clothes on, I never go to races.
By the JURY. I could see the person who took the tickets by looking straight through the hole—in the ordinary course of duty I can see the faces of people as they take their tickets.
ROBERT PAYNE (Office Porter to the South Eastern Railway Company). On the 31st of May, about 10.25 a.m., I received information and went to the luggage platform, where I saw the prisoner with a red handkerchief round his neck offering two tickets to two men whom I cannot identify, I know they were Wye tickets because they were printed specially
for Wye with bars across them—I watched the prisoner from 10.25 to 10.40—I ran away when I saw him with the two tickets and went to find pool—I only watched him for a minute or two when I saw him with the two tickets—he said to the two men "it is no b—good, it is all up"—I watched the prisoner go up the platform to the top of the train—I could not find Pool and came back and watched the prisoner—there were over 200 persons on the platform and I had all my work to keep the prisoner in sight—I lost him now and then in the crowd—I went to the ticket collector and told him to tell Mr. Pool I wanted him—Pool came up and asked the prisoner where the four tickets for Wye were—he said "Search me"—he was taken to the station-master's office and charged—the special train went at 10.40.
Cross-examined. it was about 10.25 when I first saw the prisoner in the station—I was obliged to tell the clerk because of starting the Hastings train at 10.25—there was a good deal of pushing and shoving among the crowd and the prisoner was in that crowd—I saw a pink handkerchief round his neck—he may have said "Search me, I have got no tickets, "I said so at the police-court—I did not lose sight of him for more than A minute or two—I lost sight of him five or six times up and down in the crowd—there was time for him to go from where I saw him to the ticket office, get a ticket, and come back again—he was among no racing men at 10.25, but standing on the luggage platform with two men—he stayed there five minutes—I went to the office for Pool, I did not find him—I did not wait there a minute, only looked in at the window—when I came back the prisoner was still on the luggage platform—he could have gone to the booking office and got a ticket at the same time that I went, because I went to the first-class place and he could have gone to the third-class place on the other side—when I came back he was talking to the same men in the same position—he did not attempt to leave the platform afterwards—he did not get into the train, I stopped him.
FREDERICK ACKHURST (City Policeman 571). About 11 o'clock on 31st May I was called into Cannon Street station—I went to the stationmaster's room, where the prisoner was given into my custody for uttering a gold coin—he handed the station-master this ticket, which was after-given to me—I took him to the police-station and searched him and found on him a watch and chain, a ring, and a red handkerchief in his coat pocket—when charged the prisoner made no reply.
Cross-examined. The porter had told him all about it before I saw him—I was outside the station at the bottom of Walbrook—the prisoner was wearing his water and chain in the usual way.
JOHN HOWLETT (South Eastern Railway Constable). On 31st May, at 10.30, I was clipping tickets for the Wye special train—Pool made a communication to me, and in consequence I carefully examined all the tickets passing through my hands—the tickets 0040, 0041, 0042, 0043 did not pass through my hands.
Cross-examined. The train went from No. 7 platform, on the right hand side of the bookstall as you go in—Cox, another collector, was with me on that day, he is here—I was first spoken to about 10.30—the barriers were not opened till after I had seen Pool—I examined every ticket that went through including 0015, which I clipped.
I looked out for the four tickets 0040, 0041, 0042, 0043—those tickets did not pass through my hands while I was on duty.
WILLIAM TAPLIN . I am travelling inspector in the service of the South Eastern Railway Company—I went on behalf of the company to Ashford on 31st May to superintend the collection of tickets by the special train from Wye—I went through the whole of the collection carefully, none of the four tickets were among them—Ashford is where the tickets are given up.
Cross-examined. The fare is more to Canterbury than to Wye—this train did not stop at Canterbury.
Witnesses for the Defence.
HYAM HYAMS . My place of business is next to the prisoner's, who keeps a wholesale fruit shop—we are in the habit of having a drink together every morning at Guest Brothers, the corner of Billiter Street—on 31st May, the day of Wye races, I went with the prisoner to have a drink—when I went he was leaving—I said "Where is your hurry?"—he said "I am going to Wye races," he looked and it was between 20 and 25 minutes past 10 by the public-house clock—I said "I think you have plenty of time to get to Cannon Street"—I don't know if the clock wag right, I carry no watch—it was quite 20 minutes past.
Cross-examined. The prisoner manages the fruit shop and keeps his mother and sisters out of it as far as I am aware, I don't know more about their private affairs—that is our impression—it was Covent Garden market morning, and as I got on the bus outside Somerset House it was 20 minutes to 10—I rode to the bank and walked to Mitre Street, Aldgate, that would occupy 20 minutes; I then opened the shop and a case of lemons, and then the prisoner said "Come and have a drink."
AARON GREEN . I live at 20, British Street, Bow Road, and am a dealer in dried fish, in Aldgate—on 31st May I was in Fenchurch Street and saw the prisoner near Webber's, the pastrycook's, near Road Lane, walking at a very fast pace with his hat in his hand and wiping his forehead with a pink handkerchief—I stopped him and said "Halloa Dave, where are you going in such a hurry?"—he said" Don't stop me, because I want to catch the special train for Wye races"—I asked him to have a drink, he said he had no time and rushed off—it was then 10.30, I am positive.
Cross-examined. When I got to Aldgate post-office it was 2 minutes past the 20 minutes to 11—Miss Phillips cam e to me in the evening and asked me it I recollected the time I saw her brother in the morning—I said it was about 10.30—I swear she did not say "Was it about half-past 10?"—there is a clock in Fenchurch Street which you can almost see from Webber's, that was 10.30.
Re-examined. I saw the prisoner opposite Rood Lane, spoke to him for a second, and then went on to Aldgate post-office, which took me about seven minutes to walk—the clock then was one minute to 20 minutes to 11, I swear.
LEWIS HARRIS . I live at 15, Mitre Street, Aldgate, and am a fruit merchant—on 31st May about 10.15 I saw the prisoner leaving his shop with Hyams—he asked me if I was going down to Wye—I said I did not
know Wye races were on, and I said "Very well, I will meet you down at the station."
SAMUEL JACOBS . I Have at 11, Louisa Street, and am a butcher and a member of the Bancroft Club, and I represent Mr. Harry Marks—I attend Wye races occasionally—on 31st May I met the prisoner at the lower end of Fenchurch Street leading into King William Street going to Wye races—he was in a great heat and perspiration, wiping his head—I said "Why are you in such a great hurry?"—we walked together to Cannon Street Station—he went up to the booking office first and I followed; I saw him take his ticket and pay 5s. for it, and take it up; I am sure of that—it was close on 10.35 when I saw him take his ticket—I know we had not much time to spare to get to the station.
Cross-examined. I have known the prisoner a great many years—I do not know him as a frequenter of race-courses—sometimes he goes to races for pleasure for a day the same as the other witnesses—I know they back horses, I have laid money against them—I was next to the prisoner, waiting to take my ticket—there were not many people there at the time we were there, there were a great many on the station—it was a tight fit our catching the train—I swear I saw the prisoner put down 5s., the price of the ticket—I think it was two florins and a shilling; I cannot swear, I know it was silver and he received no change.
NOT GUILTY .
OLD COURT.—Thursday, June 30th, 1887.
Before Mr. Justice Stephen.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. ABINGER Defended,
PETER ALDOPH BULSTRODE . I am a cutler by trade—I am now in the 4th batallion of the Middlesex Militia—on Whit Sunday night I was sleeping at 29, Great Windmill Street, Haymarket—I had been living there for some years past—during the last ten months the prisoner had been living there with a woman who I knew as Mrs. Schultz—I slept in a bedroom behind the shop on the ground-floor, the prisoner and deceased occupied three rooms on the first floor, two were bedrooms, one they used at the back—I heard them quarrelling several times, and I have heard the woman come downstairs and go into the yard, on some occasions he followed her—on Whit Sunday night about 1.30 I was awoke by a noise overhead of quarrelling and a moving of furniture, and prisoner use some expression in German which I could not understand, and immediately afterwards I heard the fail of a lamp and the breaking of glass; on that I rose mf self up in bed and looked out of window into the yard, and I saw the woman enveloped in flames lying on the ground between the door and the dustbin, and about 4 feet from my window—she appeared to have a night dress on—the prisoner seemed to be scrambling by her side in a sort of kneeling posture; he was in his shirt; he seemed to be trying to extinguish the flames—he then ok her up in his arms and carried her down into the basement, and I
heard the running of water—I saw them come up again into the passage—I heard the woman say "I am dying, take me to the hospital; I will say that I did it myself"—on that the prisoner went to the door and called out; the witness Darter came, and shortly afterwards a cab and the three drove away—I saw nothing more of the prisoner till about 11 next morning; I opened the door to him, he was with two male companious—he said "Halloa, Peter, I did not know that you were there"—he said "The missus is dead, "and then he passed upstairs; he returned shortly afterwards with the same two companions—I asked what hospital the woman was in—one of his companions said "Middlesex; "the prisoner seemed to nudge him and said "No, Charing Cross"—after that, on going into the yard, I discovered these two pieces of a lamp and stand, they were lying about 2 feet from where I had seen the woman the night before; pieces of glass were strewn about the yard, and some paraffin on the stones, it smelt very strong—I afterwards went down into the basement, and I found the tap running; I also found there some burnt fragments of red flannel and white linen.
Cross-examined. I was first awoke by the noise of moving furniture, it was a great noise, and there was a lot of jumping about—I did not do anything, I laid in bed—I also heard very loud quarrelling—I did not go to see what was the matter, I was so used to hearing the quarrelling, I did not think it was anything serious—my window and door were shut—the words the woman used were, "I will say I did it myself," not "I did it myself, and I will say so"—while they were in the basement I went to the door and called for the police—when the prisoner saw me next morning he seemed taken aback, he gave a start and a look of surprise—I gave the pieces of lamp to the poliçe.
GEORGE DARTER . I am a pastrycook and confectioner, of 22, Lexington Street, Golden square—about 2 o'clock in the morning of 30th May I was in Great Windmill Street, I heard screams of "Murder! "and "Police" in a female voice, and cries of "Cab!" in a male voice—I went in the direction of the cries, and went into the passage of No. 29—I there saw the woman, and the prisoner supporting her against the wall—I said, "Good God, what is the matter?"—he said, "We burn, we burn," in broken English—the woman said, "Fetch me a cab, I am dying, I am dying"—I said, "Oh no, you are not, madam, I will see after you, I will get you a cab"—she was completely nude—I said, "Put something round her"—she said, "Take me to the hospital"—I got a Hansom cab and brought it to the door—the prisoner was still supporting her, he had got some articles of bedding round her—I lifted her into the cab, and the man as well, and I got up behind the cab, and told the man to drive to the Middlesex Hospital—we got her Out there and the doctor saw her—I saw that the prisoner's hands were injured—I asked him how it happened—he said, "She threw the lamp at me"—the doctor said, How is it that that is burnt a good deal more than you are? you are not burnt at all compared to what she is"—he shook his head but made no reply—I said, "Did you take it up and throw it back at her?"—he said, "No"—her hair was all burnt, and her face and body, in fact the whole front from the crown of the head to her toes.
Cross-examined. I never saw the prisoner before—he was doing all he could for her—he had one arm round her supporting her.
deceased was brought there about 20 minutes past 2 o'clock on the morning of 30th May—the prisoner and last witness came with her; the prisoner was dressed—I lifted the woman out of the cab, and the witness brought in some things from the cab which were wrapped round her—I saw she was burnt very much in the head and face; she was in great pain, and screamed—I took her into the infirmary and the nurse fetched the doctor—I came out and spoke to the prisoner; he was very excited, and seemed frightened—both his hands were burnt, the right hand most—I asked him how it occurred, he said "She threw the lamp over me"—I said it seemed strange that she was burnt the most and he was not burnt quite so much—he said "She will tell you it you ask her."
THERESA MARSHALL (Interpreted). I am a single woman, and live at 29, Great Windmill Street—I have lived there about three years—I occupied the second-floor front, the prisoner and deceased had three rooms on the first floor—I had known them living there for 9 or 10 months—the prisoner did no work that I know of; the woman went out into the street to earn her living; she used to bring home men—on Whit Sunday afternoon I was at home about 5 o'clock; I went down, hearing some noise, and saw the prisoner and a chair broken—I asked why he had done that, he said "You don't know what I have done; I have broken the door open and turned out a man who was there"—I asked why he had done that, he said "She is a dirty beast, he has only given 10s. "—I said "That is better than nothing; why have you broken the chair?"—the deceased came into the room and said to the prisoner "You shall not break any more of my furniture, it belongs to me, I paid for it," upon which he threw her on the bed, and took up the back of a chair as if to strike her; I snatched it away from him and threw it under the table—after that he was quiet and I went up to my room—I went to bed, and heard nothing in the night, but about 4 o'clock in the morning I heard the bell ring and went down and opened the door, and saw the prisoner with his hands bandaged—I said "What have you done?"—he said "Emily is dead, burnt, at the hospital"—I said "Then it is you that has done it"—he said "Yes, she threw the lamp on me, and I threw it on her, and in the act of trying to save her from being burnt, I burnt my own hands"—I said "Why didn't you take a blanket and throw over her to save her?"—he said "It is done"—he said he was afraid the police would come and fetch him for manslaughter, and asked whether he could come into my room to sit down I said "Certainly not, you have two beds in your own room"—I afterwards went into his room, and there saw a small kitchen lamp with no glass on it—the deceased was about 20 years of age—her name was Emily Pottle, but she passed by the name of Schultz.
Cross-examined. I work for my living, being a servant in place—I was friendly with these people; I never told anyone that I would try and do my worst for the prisoner—the man who gave the 10s. was a regular friend of the woman's, and came every Sunday—I never asked the prisoner to give me the wearing apparel belonging to the deceased—I have never been arrested by the police.
EMMA MITCHELL . I now live at No. 9, Hop Gardens, St. Martin's Lane—my husband rented a part of the shop at 29, Great Windmill Street for about 18 months—I was not living in that house, but I used to go to the shop from time to time—I knew the prisoner and deceased;
I have sometimes heard them quarreling, and when they were she would always run down into the yard—on Monday morning, the 11th, the prisoner came round to me at Hop Gardens, and asked me if I would lend him the key of the street door as he could not get in—I saw that his hands were bandaged, and I asked him what was the matter with them—he said they were burnt—I asked how—he said "The missus is dead"—I said "Dead, what did she die of? was it sudden, or what?"—he said "She was burnt"—I asked "How did she do that?"—he said "She upset the paraffin lamp over her on the bed"—I said "Is the bed burnt or the pillow?"—he said "No"—I asked if she was lying at home—he said "No, she is at the Middlesex Hospital"—I went there and saw her.
EDMUND BURKE (Police Inspector C). On the afternoon of Monday, 30th May, I went to the Middlesex Hospital about 20 minutes to 4, and while I was there the prisoner came in—I stopped him, and said "Frank Schultz"—he said "Yes"—I said "I shall take you in custody for violently assaulting a woman by throwing a lighted lamp at her at 29, Windmill Street, this morning"—I cautioned him as to anything he might say—he said "Very well, is she dead?"—I took him to the station, where he was charged—he said nothing—I went to 29, Windmill Street, and saw the witness Darter, and received from him the broken pieces of this lamp—I saw broken pieces of glass in the yard, and smelt paraffin—the back yard is very small; 2 yards by 3—I went into the back bed-room first floor; I saw no signs of burning there, or any appearances of a lamp having been upset—I found in the basement some pieces of burnt rag and flannel—on the 16th June, after the woman was dead, I charged the prisoner with manslaughter—he made no reply.
HEDLEY BARTLETT . I was casualty house surgeon at the Middlesex Hospital when the woman was brought there at 2.25 a.m.—she had no clothes on, but was wrapped round by a blanket—she was very severely burnt from head to foot—her hair was singed—the burns were worst on the chest—the extremities were burnt also—she was in great pain, and very collapsed—I considered her in a very dangerous state—I got the assistance of Mr. Brown to help dress her—she never rallied—she died at 10 o'clock on Monday night from the burns—I dressed the prisoner's right hand after attending to the patient—the palm of the right hand was burnt rather severely; the left hand was slightly burnt—he was sober—I asked him how it happened—he said she had thrown the lamp at him—I said "I believe you must have thrown it at her," but he still maintained that she had thrown the lamp at him—the deceased said she thought she was dying, and she told me that she had thrown the lamp at him—she kept saying that she was dying.
NOT GUILTY .
MR. DOUGLAS Prosecuted; MR. TAYLOR Defended.
PETER TOOLS (Policeman). On the night of 31st May, about a quarter to 12, I was on duty in the High Road, Kilburn—I was called in to the Sir Colin Campbell public-house, and there saw a man who was held up in an upright position in a chair; he appeared to be in a state of insensibility—in consequence of inquiries I made I caused the prisoner to be
detained; he was in the bar—a doctor arrived while I was there, and pronounced life to be extinct.
WILLIE TILBEY (Policeman S 286). I went with the last witness and saw the prisoner there, and also a son of the deceased, who pointed to the prisoner and said "That is the man who did it"—I spoke to the prisoner; he said "We were having a few words together when the deceased struck me on the nose; I returned it, knocking him into the road"—the prisoner was drunk—he had blood on his face at the time—I took him to the station.
Cross-examined. I know him very well—he has borne a very good character—I always found him a very quiet man.
HENRY DENTON . I am a labourer—I was in the beerhouse on this night—I saw the deceased there and the prisoner drinking together at the bar—they had a kind of tussle in the passage—I heard no quarrel—they knew each other well and worked together—they seemed to behaving a game together at first—I afterwards went outside and found the deceased lying on the pavement—I helped him up with assistance, got him inside, and placed him in a chair.
Cross-examined. I have known the public-house seven or eight years—the passage from the bar into the street is rather slanting towards the kerb—I did not see the prisoner strike the deceased.
HENRY DAINTON . I was in the beerhouse—the prisoner and deceased had an altercation—what it was about I don't know, but they started fighting—I tried to stop them, but did not succeed—they went towards the door; whether they went outside or not I could not say, but the deceased was brought back and put into a chair, and died there—I saw no blow struck—they were very great friends together; both of them had had a little to drink.
Cross-examined. The deceased left the bar first, with his face towards the prisoner—I saw no scuffle.
HARRY ALDERMAN . I was in this public-house—I heard some disturbance, and saw the prisoner and deceased start fighting as I thought—I saw blows struck on each side in the passage—I did not go outside—I saw nothing more till the deceased was picked up from the pavement and brought in.
GEORGE ALFRED HIBBERT . I was at the Colin Campbell—I saw the prisoner and deceased there; they were friendly, drinking together—all of a sudden I heard a scuffle, and saw them hugging one another—I tried to stop them; they went outside—the deceased went first; the prisoner followed, and aimed a blow at him, and he fell on his back—the slanting pavement no doubt helped the fall.
Cross-examined. I believe he tried to avoid the blow—he had his back to the pavement.
HARRY BISHOP . I was at the house drinking—the deceased bid us good night, and he was called back by the prisoner, who said "Will you have a drink with me?"—they had a bit of a row, and a fight in the passage, and the deceased fell from the step on the back of his head; he was not knocked down, he fell.
GEORGE STAPLES WALKER . I am a medical practitioner—I was called to the Sir Colin Campbell, and found the deceased there dead—I examined him two days afterwards, and found he died from a fracture at the base of the skull—the fall on the pavement would have been sufficient to have
caused such an injury—he was a very heavy man, about 50 years of age, and as healthy a man as I ever saw.
NOT GUILTY .
There was another indictment against the prisoner for an assault upon the same person , upon which no evidence was offered. NOT GUILTY .
OLD COURT.—Friday, July 1st, 1887.
Before Mr. Justice Stephen.
MR. LYNCH, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. PURCELL Prosecuted; MR. FLEMING Defended.
GUILTY of an indecent assault .— Six Months' Hard Labour.
MR. GEOGHEGAN Prosecuted; MR. PURCELL Defended.
GUILTY of an indecent assault .— Six Months' Hard Labour.
NEW COURT.—Friday, July 1st, 1887.
Before Mr. Recorder.
726. WILLIAM EDWARDS (49), WILLIAM WOODS (46), THOMAS DONELLY (46), WILLIAM OXFORD (40), WILLIAM SIMMONS , and GEORGE LEWES, Unlawfully assembling together to the number of 40 and more, and creating a riot, and wounding George Pitt Lewis and John St. Loe Strachey.
MESSRS. POLAND and MEAD Prosecuted; MESSRS. BESLEY, GRAIN, and KISH appeared for the defendants.
During the progress of the case the Jury handed a letter to the Recorder, stating that the difficulty of identifying the prisoners could not be got over, and that they wished to stop the case, upon which MR. POLAND withdrew from the prosecution.
NOT GUILTY .
MR. POLAND offered no evidence.
NOT GUILTY .
MR. POLAND, for the Prosecution, stated that the Company did not desire to press for punishment, as the dies had been destroyed.— Discharged on his own recognisances in 25l . [Pleaded guilty: See original trial image.]
MESSRS. POLAND and GOODRICH Prosecuted.
JABEZ SPENCER BALFOUR . I have offices at Winchester House, Old Broad Street—about 11.5 p.m. on 13th June, I was in Oxford Street, near the Princess's Theatre, with my son—we crossed from the theatre side of the road to the other side, to avoid the people coming out; some man lurched against me—I put out my hands and said "Stand clear;" he said "I beg your pardon," and at the same time made a grab at my chain and pulled it off and ran away—he used so much violence that he tore out both pockets and my button-hole—I gave chase with my son—a policeman then ran across, and in the confusion the man was lost, the policeman being run over, and we had to help him into a cab—soon after I saw the prisoner in the custody of two constables—I was shown my watch next day, this is it, the value of the watch and chain is nearly 100l.—in the confusion I cannot say who the man was who lurched against me.
JAMES BALFOUR . I am the son of the last witness—I was with him and saw the prisoner about 12 yards from us, rolling about as if he were drunk—he came rolling up against my father and said "I beg your pardon, Sir"—I saw my father shove him off, and he made a snatch at my father's watch-chain and ran off with it—he walked a little, but when we turned to follow him, he ran up Oxford Street and down a turning; there were two constables at the bottom, and when he got nearly to them he turned round, and when he was near Oxford Street again he slipped over an area grating—I then saw a crowd round the constable, who was on the ground, and saw him put into a cab—I saw the prisoner four or five minutes afterwards in the custody of two constables—about half an hour later I went with a constable to the grating exactly where the prisoner had slipped, and the constable turned on his light, and the watch and chain were at the bottom—that was the exact spot where the prisoner had slipped.
WILLIAM JACKSON (Policeman C 168). About 11.15 I was at the corner of Charing Cross Road and Oxford Street—I heard a cry of "Stop thief," and saw two men and the prisoner coming along, I made a grab at one of them but was not able to catch him—they turned down Charing Cross Road, running very fast; I followed them, one of them ran into Falkenberg Court, and the prisoner and another man turned up Sutton Street, and the prisoner ran into Crosse and Blackwell's gate; I seized him, and he said "What have you got me for? I did not do it"—I told him he must come back with me, and a Mr. Hart said "That is the man who snatched something of the gentleman up Oxford Street"—I did not hear the prisoner say anything to that—he became very violent on the way to the station, and it took three of us to take him, and he said what he would do for us—about half an hour afterwards young Mr. Balfour took me to the corner of Oxford Street and Soho Street, and pointed out an area to mo, I turned my light on and there found this watch and chain (produced)—the prisoner gave his address at the station 3, Rose Street, Soho.
WILLIAM SNELL (Policeman R R 44). On 13th June I was on duty in Hanway Street, and about 11.15 I heard a cry of "Stop thief"—I ran across Oxford Street to the corner of Soho Street and caught a man, who
was running, by the collar; the prisoner then came up to my side and caught hold of the man's arm to try and get him away, and carried me right into Oxford Street—I stuck to my man and he threw me intentionally right under the head of a cab, and then ran away—when the horse began to tread on me I was obliged to let go; the horse trod on my head and chest, and the wheels went over my legs—I was picked up and taken to the Middlesex Hospital, and I have been off duty ever since—I afterwards went to the yard at the back of Marlborough Street Police-station and picked the prisoner out from eight or nine others—I am sure he is the man.
MESSRS. POLAND and GOODRICH Prosecuted.
FREDERICK STUART . I live at 56, Frith Street, Soho, and am a tailor—on 13th May about a quarter to 1 a.m. I heard a crash at the street door and a dog barking; I went down to the shop and found the street door and shop door open—there is a passage between the two doors—the box of the street lock was on the floor—when I went to bed at about 12 o'clock I had locked both those doors—the dog was kept in the shop—I did not miss anything—I went into the street but saw no one—two constables then arrived—I do not know either of the prisoners.
Cross-examined by Christy. I did not state at the station that the shop door was closed when I came down.
HANNAH COOPER . I live at the Dog and Duck public-house, Frith Street, Soho, next door to Mr. Stuart—on Friday night, 12th May, the two prisoners were drinking in my house with two others—we close at 12.30—I had seen both the prisoners together in my house the afternoon before—when we closed at 12.30 the four men went over to the opposite side to a lamp-post, and remained there ten minutes or a quarter of an hour—Wilson, who showed us his arm tattooed with a crucifix, carried a roll of canvas, it looked like a small sack—the prisoners then crossed the road, and almost immediately I heard a crash, and a dog barked—the other two stood by the post, and I heard them use a foul expression to the dog, and I saw no more of them—I am quite sure the prisoners are the two men.
Cross-examined by Christy. I saw the two men pass my house, and then I lost sight of them—I could only see the step of this doorway—the men could have gone up the street for anything I know—when the dog barked the two men walked sharp by my house, but I recognised you as you passed underneath the lamp; I had seen you all the evening and cannot be mistaken.
By the JURY. I was at the shop window, the bar; there was nothing to obstruct my view from the place where I stood to the step.
time for shutting up, 12.30; they then left and went to the opposite side to the corner of Bateman Street and Frith Street—I afterwards saw the two prisoners leave the other two men and cross in the direction of Mr. Stewart's door; one of them was carrying this canvas under his arm—I then heard a bang and a dog barking, and one of them used a foul expression about the dog, and they all went away—on the 16th I saw Christey in Bateman's buildings—I afterwards saw him in custody and picked him out, and Wilson also—I had seen a crucifix on Wilson's right arm in the bar.
Cross-examined by Christy. After you passed our shop we lost sight of you, and directly after you got to the door we heard a bang—I was standing in the bar—I could not see the street door, but I could see the step.
THOMAS GREET (Detective Officer). About 11.30 a.m. on 18th May I was in Stanhope Street, Hampstead Road, and saw Christy there, and told him I should take him in custody for breaking into 50, Frith Street, Soho, with three other men; he said "This is all b—hankey, you want me for something else," I said "No, I want you for the Frith Street job"—I took him to Vine Street station, where Louisa Hammond identified him; he said "That is a barmaid, is not it?" I said "Yes, she is employed at the Dog and Duck public-house next to the tailor's shop in Frith Street," and I told him what she could prove; he said "I don't see how you are going to hold me on that, I suppose there were lots of people in the public-house that night"—he was taken before a Magistrate and committed for trial—I knew about this burglary when I took him—on the Saturday I examined the inner door and found two marks on the doorpost apparently made by a jemmy or some iron instrument to force the door, and the lock of the door was bent; it is a weak look and yielded to pressure.
HENRY SCOTT . I saw the prisoner Wilson sitting with a number of others in Marlborough Street police-court, and told him from a description given to me sometime ago as to four men who had committed a burglary at Frith Street I considered him one, and should put him up for examination; I asked him to show me his arm, he did so; he has a large crucifix tattooed on his right arm from the wrist to the elbow—he was put with others and was identified by the landlady.
HENRY CLARK (Policeman). Mr. Stuart's house is on my beat—about 12.15 a.m. on 13th May in passing round my beat I tried his door and found it all right, and about 20 minutes to 1 I saw it had been forced open.
----BLAKE (Policeman). I made this plan (produced), it is to scale, and is correct.
Christy in his statement before the Magistrate and in his defence stated that on this night he had a glass of beer in this public-house with some people, and that after half-past 12 they came out and stood talking a few minutes, and that he then wished them good night and went straight away, and that he knew nothing of what occurred afterwards, and that a person standing in the bar could not see whether persons stopped at the door or went straight up the street.
Christy then PLEADED GUILTY* to a conviction of housebreaking at Clerkenwell on 18th January, 1886.— Eighteen Months' Hard Labour each.
MR. BROMLEY Prosecuted; MR. GEOGHEGAN Defended.
The prisoner received a good character.
NOT GUILTY .
THIRD COURT.—Friday, July 1st, 1887.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted; MR. GILL Defended.
During the progress of the case MR. GILL stated that his client would withdraw his plea and plead GUILTY .— Ten Months' Hard Labour.
MESSRS. GRAIN and BODKIN Prosecuted; MR. ABINGER Defended.
COMTE ALBERT FERDINAND DE CHAZELLE . I live at 45, Bedford Gardens, Camden Hill, and am managing director of the Turf A B C Publishing Company, which was incorporated on the 17th January, 1887, as a limited company—the prisoner was a servant, manager from the beginning of the Company in January, 1887, and was bound to obey my orders and to do what I told him and act in every way as my servant—he gave the whole of his time to the company—Bonvalle is a carpenter who prepared the premises for the Company, and they owed him money, and on 25th February the prisoner asked me for a cheque for 25l. for Mr. Bonvalle, and then I drew in the prisoner's presence this cheque for 25l., saying "This is a cheque for Bonvalle"—he made no answer but took it and went away—he had no authority to change it—his duty was to give it to Bonvalle—on 4th March the prisoner again asked me for a cheque for Bonvalle for 30l., and I drew this cheque in his presence and gave it to him—I said nothing then, it was understood that all cheques going through him were to be delivered to the persons for whom they were written, he had no authority to change them into money—his duty was merely to hand it over to Bonvalle—on 11th March I drew this other cheque in favour of Bonvalle for 25l.—the prisoner then said he wanted a cheque for Bonvalle—his duty was precisely the same as on the two previous occasions, to give it to Bonvalle—these cheques have been cashed by the Company's bankers and returned to me—all the 80l. was owing and should have been paid to Bonvalle.
Cross-examined. I am a French Count—I have an estate in Burgundy—I have been in England six months—the prisoner was introduced to me by a friend's butler, who told me he had a very interesting scheme for a sort of racing calendar—the prisoner communicated the idea to me, it was the A B C, I thought it such a good one that I thought I should make a little money out of it and form a company—it was entirely the prisoner's idea—this is the contract between us. (This provided that Gardes having communicated the idea of his scheme to the Company he should relinquish his interest in it and devote all his time to the Company for the consideration of one fully paid up share for every preferred share issued, and 600l. per annum)—60 preferred shares were issued and 60 deferred shares of the value of
100l. each ware issued to the prisoner—he is in possession of those—he is manager and I am managing director—I bank at the Imperial Bank and the Company banks there too—all the Company's accounts are put in my name in my private account—no account has been opened in the name of the Turf A B C Publishing Company—all moneys which I receive and pay on account of this Company go through my private banking account in the same manner as I should draw money for myself—mine and the Company's accounts are mixed together—the shareholders know and are satisfied with that—that has been going on. since the formation of the company—the prisoner was not paid his 600l. a year monthly, when he asked me for some money I gave it him—no arrangement was made as to when he should be paid—the last time he had money was the end of May or beginning of June—I think he had a cheque for 25l. then, I don't remember exactly—I have not got a receipt—I gave him a cheque, that is at the bank—he was in advance of his salary something like 25l.—I paid him in advance in the beginning when he began to work for the Company, as lie asked for it; I was rather grateful to him—I was not entitled to give him a cheque in starting the business—I have not paid him regularly or he would not have had it before the time—I have paid him 10l. more than his salary up to the present time—his account is overdrawn by 10l.—I have actually put 2,000l. in cash into the company—one of the shareholders, Mr. Owen, has asked to have his name removed from the list of shareholders—he thought I had put in 2,000l. as it was in the attestation, and when he saw I had not he asked met buy back his shares and I did so—Owen told me it was not fair for me to have said I would have 2,000l., and that he put his money in the company on account of that, and I said "If you are not pleased, give me your shares back"—I have had 2,000l. in the Company since the beginning—I was on the memorandum for 20 shares, and was liable for 20, and when Owen came I took his 15, and then afterwards I took 5 of another man, and that made 2,000l.—there is no Stock Exchange quotation for the shares—the present value of a 100l. preferred share is not a very great deal now—I gave Owen back his 1,500l. for his 15 shares; he had paid 1,500l.—since last month the prisoner has injured me very often, because I made some severe reproaches as to the manner in which he was managing—there were a great many difficulties between us, because I found he did not manage his department at all well—he was very extravagant in his expenses, and the scheme was not carried out as it ought to have been; and we had little quarrels on account of that—I don't remember if he threatened to tell the shareholders that I put the moneys of the shareholders to. my own private account—he threatened me all the time about everything, because I told him we would stop the business at the next meeting—by we I moan the shareholders; all of them; all my friends—I said "We are doing bad business, and we shall stop the business as soon as the meeting will decide it"—a committee meeting was to have been held on the day, I think, of the prisoner's arrest, but I postponed it—I did not hear the prisoner say on that very day "I think it is my duty to tell the shareholders that you have never paid 1s. of your shares to the Company"—I should have heard him if he had said so—I swear the prisoner did not come to me on the day lie was arrested, or two days preceding, and say "I shall have to inform the committee of the way you are carrying on their business"—I did not owe him money—he never lent me any
money; I have lent him some—it is possible he paid 5l. for petty cash—he had once a little bet with me on a race—Friedlander is a clerk of the Company—all the cheques to Bonvalle are uncrossed, and to bearer—I know that by putting two horizontal lines with the words "&co.," the cheque has to go through a bank—the Company's office is in Fleet Street and the bank is in Lothbury—all our payments are made by cheques, except that the workmen are paid in gold—every week the prisoner asked me to draw him a cheque to pay the workmen in his department, and for his own salary—I drew those cheques in the same manner as these, open to bearer—in these three cases it was against my order that he should cash these cheques—he was to give the cheque itself, although the cheque would bear no receipt on it—the manager kept the petty cash—the prisoner's alleged defalcations in respect of this indictment amount to 20l.—I found no property belonging to him on the Company's premises after his arrest—there was 30l. in a cash box of the Company in the prisoner's room—when I found that, I took all the clerks with me, saying "Let us go and see the bills"—I could never obtain the bills from the prisoner—I did not wish to go alone—the 30l. are with the Company's moneys now—it was the Company's money—I found it in a box in a cupboard with all the Company's papers—the prisoner's papers were in his desk—the cupboard was not in his private room, but in the Company's office—he had control of the cupboard—the 30l. was not in a cash box—he had no cash box—it was on the papers—I know it belonged to the Company, because the prisoner was in advance of his salary—I asked my solicitor what to do with the 30l., and he told me to keep it, and it is in the office now in my desk—I have not used it—I confiscated it as belonging to the Company—the prisoner asked me one day to get him some brandy from a friend of mine in that trade, and I got him a few dozen bottles—I do not know whether there was any brandy in his room after he left—there were a few empty bottles in the office, that was all I saw—there was no petty cash, it all went through the bank—he did not want a cash box, as all the money went through the bank—there was petty cash that the manager had charge of, to pay salaries and small bills—there was a petty cash book, but no box—I did not see whether the prisoner put his money in a desk or box—I don't know that he paid 14l. out of his pocket when I was away—I know he had petty cash, and paid the workmen—I went to Sandown Races on Easter Saturday for the business of the Company—the person who paid the workmen every week would pay then—I don't know what he paid them with.
Re-examined. I gave these three cheques to the prisoner for the purpose of handing them to Bonvalle, the master builder with whom the Company had contracted to do the repairs to the premises—Bonvalle was to pay his workmen—my accounts and the Company's are not separated in any way, but proper account books are kept at the office in which records of payments and receipts are entered—at any moment the directors or shareholders of the Company could call on me to account for the balance—these books would be the check on me—I have at present 2,000l. in cash in the Company—I had not when Mr. Owen came to me, but after that I paid 2,000l. in cash into the Company—Mr. Owen's and my shares represent altogether more than 2,000l., and money has been paid on them—money went through the bank; they are fully paid-up—the 2,000l. was paid to the bank—the Company received 2,000l. for my own shares—I was down on the Memorandum of Association
for 20 shares with the idea of finding some shareholders to take them—Mr. Owen took 15 of them, and a few weeks ago he asked me if I had 20 shares in the Company—I said "No," and he said he thought I had, and that he only had 15, because he thought I had my shares—I took his 15, and with the others I have 2,000l. duly paid in cash in the Company at the present moment—I gave Owen the value of 1, 500l. in titles, securities, and all he wanted for the 15 shares—Owen had fully paid up the shares; it was a business between Owen and me—he was perfectly satisfied with the transfer, and does not claim anything from me now in respect of those shares—I did not pay for the first 20 shares which I put my name down for, because my idea was to try and find borne one to take some from me—I never intended to take so many myself, and I sold some to Owen, and when he did not seem pleased that he had more than I had, I took them back—I am now the largest shareholder in the Company—there was a meeting of the Company's directors on 17th June, 1887. (MR. BODKIN proposed to read an extract from the minute-book of that date, but as the minute-book was not produced this was objected to.) Eight directors were present; they were not all my friends—all those present had at least one share—the prisoner's salary account is overdrawn 10l.—whenever he wanted money it was his custom to ask for it and mine to draw a cheque—his salary was not regularly paid, because he drew various odd amounts from time to time—the deferred shares transferred to the prisoner are of no value at all, because they are paid only after the preferred shares are all paid back—I had no other private banking account than that at the Imperial Bank.
GABRIEL BONVALLE . I am a builder, of 20, Rathbone Place, Oxford Street—I have been in the habit lately of doing certain work on the premises of the A B C Turf Publishing Company, in Fleet Street, at the request of the last witness, and was paid from time to time various amounts for the work I did—I did not receive these cheques of 25th February, 4th March, or 11th March—I have seen none of them before—money was owing to me at the time they were drawn—there is always a little balance, because the cheques did not exactly correspond—I cannot exactly specify without making the balance of each week whether at the times of drawing those cheques the amounts expressed in them were due to me—I drew sums on account to pay my workmen—I made this memorandum—I see on 25th February the prisoner paid me 20l., on 4th March 20l., and on 11th March 26l., by cash.
Cross-examined. The Company owed me 195l., not 225l.—I have been fully paid through the prisoner; they owe me nothing now—he paid the last instalment on 1st April—I have received all the money through the prisoner with the exception of two instalments on 28th January and 12th February—I received 20l. on the 18th and 20l. on 20th March from the prisoner.
COMTE DE CHAZELLE (Re-examined). These seven cheques (produced) are in my writing; they are all drawn in favour of Bonvalle—I drew them at the prisoner's request, and gave them all to the prisoner with the exception of two, which were given to Bonvalle himself—those two are signed at the back, and are dated 28th January and 12th February—they are drawn to bearer the same as the others—when I gave them to the prisoner I gave him no direction to cash them; he had no authority to do so, or to hand them over to any one but Bonvalle.
Cross-examined. I have not got Bonvalle's account. (MR. ABINGER called for this account, which was not produced.)
JESSE CROUCH (City Policeman 507). On 9th June I apprehended the prisoner—he spoke in French when I did so, and I could not understand him—I asked him whether he knew the charge, what Mr. Chazelle said—he said he perfectly understood—the charge was embezzling different sums of money; no items were given—when I told him the charge he said "Can I go before the Court at once?"—I said "Yes, after you have been to the station"—at the station he said "I don't admit the charge."
NOT GUILTY . (Two other indictments against the prisoner were postponed to the next Sessions.)
MR. GOODRICH Prosecuted.
ANTONIO FERASCHI . I live at Chingford, and am a waiter—on 4th June, about 10.30, I was in Rathbone Place, Oxford Street, with two friends—the two prisoners and a third young man came up to me, and Baker said "Give me that flower"—I had one in my coat—I refused—Bolt approached and put one hand on my watch and chain and the other on the flower—I had 2l. in gold in a piece of paper in the same pocket as my watch—the watch and money were taken—I defended myself against the three, and all at once I received a blow on the back of my head and some blows in the face—I fell down—I was taken to the Middlesex Hospital by a policeman—half my chain was left hanging—I showed that to the policeman—I next saw Baker about a week alter and Bolt about a fortnight after—I picked them out from others; I have no doubt they are two of the men that attacked me.
JOHN MCDOWELL (Detective Officer). At nine o'clock on the morning of the 11th I was in Wells Mews, Wells Street, Oxford Street—I saw Bolt, who bolted off on seeing me—I was in plain clothes—I followed and took him into custody about 400 yards off—he did not know me before—I took his hat off and saw a mark on his forehead—I told him he would be charged with being concerned with two others in assaulting and robbing a foreigner in Rathbone Place on the night of the 4th—he said "I was there, but I did not rob"—I apprehended Baker on the 14th at 4.30 a.m. in Rathbone Place—I told him the same—he said "I heard all about it"—the two prisoners were placed with six or seven others and immediately picked out.
EUGENE MENNAUD . I live at 56, Bearwood Street, and am a waiter—I was with Feraschi on this evening in Rathbone Place—I saw Baker put his hands upon Feraschi's flower and watch—then two or three others joined him and fell on my friend, and we were on one side, and I did not see anything more—I do not recognise Bolt.
JOHN FAIRWEATHER (Policeman D 407). On 4th June, at 10.30 p.m., I was in Rathbone Place, and saw a crowd and the prosecutor with his head cut open and blood running down his neck—I took him to the hospital and saw his wounds attended to—I did not see the prisoners.
Bolt in his statement before the Magistrate and in his defence said that seeing
a crowd he went up and saw the prosecutor fighting a lot of chaps and swinging his stick round at everybody and that the prosecutor rushed at him and cut his head open, and he lay on the ground till Baker and another took him to the hospital, and that he saw the prosecutor's head dressed before his own was attended to. Baker said he went up with Bolt to see the row, and saw the prosecuter in swinging his stick about hit Bolt; and that he and another man then took Bolt to the hospital, to which the prosecutor was brought about 10 minutes afterwards.
GUILTY of assault, with intent to rob . BOLT†, BAKER*— Judgment respited.
OLD COURT.—Saturday, July 2nd, 1887.
Before Mr. Justice Stephen.
MESSRS. POLAND and C. MATHEWS Prosecuted; MR. GILL defended Markham.
MESSRS. POLAND and C. MATHEWS Prosecuted.
GRAY and MARKHAM— GUILTY .
MOONEY— NOT GUILTY . Markham then PLEADED GUILTY to a conviction of felony at Marlborough Street on 28th April, 1884.
739. GEORGE GRAY and GEORGE FREDERICK MOONEY were again indicted for conspiring together to accuse William Copeland of an abominable crime and demanding money from him with menaces, and stealing orders for 14l. and 15l., his property.
MESSRS. POLAND and C. MATHEWS Prosecuted; MR. GILL defended Mooney.
GRAY— GUILTY .
He then PLEADED GUILTY to a conviction at this Court in January, 1876.
MOONEY— NOT GUILTY .
GRAY and MARKHAM— Five Years' Penal Servitude each on the first indictment. Fourteen Years' Penal Servitude on the second indictment, to commence at the expiration of the former sentence. Five Years' Penal Servitude further on the third indictment, to commence after their former sentences, and Gray Five Years more on the last dictment.
NEW COURT.—Saturday, July 2nd, 1887.
Before Mr. Recorder.
MR. A. GILL Prosecuted.
CLARA CRAMP . I live with my father, George Cramp, at 8, Fairbank Street—on 15th June, about 4 a.m., I was in bed with my door open, and heard some one come upstairs—I sat up in bed, and saw the prisoner leaning against the wall; his face was darkened—I said "Who are you?" but got no answer—I said "What do you want?"—he said that he was going to the closet—I called out to my father, and the prisoner slided down the ballusters the first flight, and ran down the other—I did not go down, but my father did—the washhouse window was closed the night before, but not fastened; it was open next morning—I have known the prisoner three or four years.
GEORGE CRAMP . I am a brother of the last witness—I heard some one running downstairs—my father ran after him—I went to the front door, and saw the prisoner run up the area steps—when he got to No. 4 he turned his face twice, and I called out "Father, it is Freddy Maney"—I saw him again in the evening in Nile Street, and told my father, and he was given in custody—his face was darkened, it was more dark than when I have seen him before.
EDGAR COX (Policeman G 38). I took the prisoner, and told him it was for breaking into two houses, No. 8 and No. 2, Frederick Street—he said "All right, I did it of my own accord"—I said "What did you do with what you stole from No. 22?"—he said "I put it into the Thames"—I took him to Miss Cramp, who said "That is the boy I saw from my bed this morning."
The Prisoner. I deny saying that I threw it into the Thames.
Witness. You did say so, and you specified the property, a watch and chain.
The prisoner produced a written defence, denying that he made the statement about the Thames, and stating that he was not near the premises on the night in question.
GUILTY .— Six Months' Hard Labour.
There was another indictment against the prisoner.
MESSRS. GILL and A. GILL Prosecuted; MR. TAYLOR Defended.
GEORGE WARWICK . I am a jeweller, of 47, Poland Street, Oxford Street—I became acquainted with the prisoner about March, and on 7th April he came to me and asked if I knew Holden Brothers and Mr. Kaye in Leadenhall Street—I said "Yes"—he said "Mr. Kaye has a daughter about to be married; have you anything suitable?"—I showed him a ruby suite, value 50l. odd, which he took away for Mr. Kaye on approbation, and said that Mr. Kaye was a partner in the firm of Holder Brothers—he came back in the evening, and said that Mr. Kaye liked it, and I was to charge it to Mr. Kaye—I made out an invoice to Mr. Kaye, which he took away, and I posted another to Mr. Kaye at the same time—I believed that Mr. Kaye had a daughter about to be married, and
that it was a bona fide order, or I would not have parted with the jewellery—Mr. Kaye returned the invoice with a note which I cannot find, but this is a copy from the letter-book. (This stated that Mr. Kaye had not purchased the goods or authorised any one to do so.) I have not been paid for the jewellery or received it back—at the end of March the prisoner came to me and said that Mr. Greenhill, of Bramber Road, Fulham, wanted some things to give his wife—he ordered a pearl and cluster ring first, value 9l. or 10l., and a pair of earrings value 16l. 15s.—he also had other things—I have not been paid for them or received them back—on 14th April he came and wanted a pin of some sort for Mr. Carruthers, of Bramber Road, Fulham—I showed him some, and he took away a sapphire and diamond cluster pin—I believed that that was a bona fide order—I made out the invoice to the prisoner and gave it to him, as he wanted an extra commission on it, and did not want the invoice shown—he asked for it to be made out to him.
Cross-examined. A man named Millicent introduced the prisoner to me, he is a friend of a traveller of mine, Frank Taylor, who I have known for three years, but he is not in my service now—I never had any reason to suspect Taylor of dishonesty—the prisoner was introduced to me for the purpose of his introducing customers—I was to pay him 5 per cent. commission on some articles, and 2 1/2 on others—the first person he introduced was Mr. Struger, who purchased 300l. worth of jewellery—he paid 100l. and gave me bills for the rest, which were dishonoured—this (produced) is the invoice I made out to Mr. Kay on April 7th—it is dated April 14th, that is a mistake of my traveller who made it out—the prisoner has had three or four transactions with me for which he paid at the time—I made a charge against Mr. Kennedy, who I had known since the beginning of April, and had dined with him twice—I went on board his ship when I went to worry him for the money—I never went to theatres with him—I issued a warrant against him a few days after his bill was due—I never had a quarrel with him about a woman who had been with him in America—the prisoner proposed to me that Kennedy should give me a guarantee, and I went to Kennedy's office—I never asked the prisoner to assist me in prosecuting Kennedy—I accepted the guarantee, it was for 14 days—the Magistrate did not reprimand me at the police-court for the manner I was giving my evidence—I am prosecuting Kennedy on a charge of stealing the jewellery—I believe a man named Min swore at the police-court that I asked him to pledge the jewellery to obtain money for him—Kennedy's bail was 250l. each and himself in 250l., after the lapse of some days—24 hours' notice was given—the bail were perfectly respectable men, but he was locked up for a fortnight—after I found Mr. Kaye had not ordered this jewellery I accepted the guarantee for what it was worth, and when I found it was of no use, which may have been six weeks afterwards, I issued the summons—I saw the prisoner frequently during that time; we went down together to get money from Kennedy—I did not frequently ask him for the money when I saw him, I understood that the goods were going to be returned, but nothing has been returned—he gave me no date when they were to be returned, and would not tell me where they were—he had a set of studs and a collar stud, on 7th April, which were paid for—my transactions with him for himself amounted to about 15l.—when the jewellery was supplied for Greenhall it was for the purpose of seeing whether Greenhall would buy it.
Re-examined. There were two invoices in this case, and the one posted to Mr. Kaye was dated April 14th—they showed that the goods were sold to Mr. Kaye, by Verges' commission—Verges also introduced Steyn to me, who got 300l. worth of jewellery out of me—I believe he is now at Port Said—his bills were dishonoured—Kennedy was next introduced by the prisoner; that order was 700l., of which he has paid 20l.—all his bills are dishonoured—the whole of the transactions amount to about 1200l.—the prisoner also introduced Link to me, who got nearly 200l. worth of goods, and only paid 70l.—Link introduced Logan, who had 135l. worth, and paid nothing; he has gone away.
FREDERICK KAYE . I am in the employ of Holden Brothers, of 146, Leadenhall Street—I am not a member of the firm—I have no daughter—I know the prisoner—I did not authorise him to procure jewellery on my account, nor has he shown me any—I did not order a horse-shoe pin for my son; he is only seven years old—the first I heard of this matter was receiving the invoice, upon which I wrote a letter, and sent it by a special messenger.
Cross-examined. I wrote the letter the same morning, I think it was the 15th—I have known the prisoner from three to five years—he had some dealings with the firm, but personally I know very little of him, because it was not in my department.
Re-examined. He is largely indebted to the firm, 300l. or 400l., I believe.
CHARLES COLLIER . I am clerk to W.A. Collier, solicitor, of New Inn Chambers, Strand, the solicitor for the prosecution—I have been to Fulham, and found Bramber Road, but could not find Mr. Greenhall, a greengrocer, there, or Mr. Carruthers.
GUILTY.— Judgment respited.
Before Mr. Recorder.
MR. PAYNE Prosecuted.
HONORA FITZGERALD . I am the prisoner's wife—we live at 37, Princes Street, Rotherhithe—I was wounded on the 29th May—I did it myself; it was just in the middle of the back, on the left side; it was only a scratch—I had the knife in my hand—my husband had sent me on an errand, and instead of going on the errand I went into a public-house—I had some drink, and got quarrelling with his niece—my husband came along and saw me quarrelling, and sent me home—he came in about an hour afterwards, and I picked a quarrel with him—he would not answer me, and I took a small knife off the table, and ran at him—he got out of bed to take the knife out of my hand, and I fell on a pitcher with the knife in my hand, and I said to him "Oh my God, Bill, I believe I am stabbed"—I stabbed myself—I went downstairs and sat on the door-step—a young chap came across the road, and he went and got a doctor—I was the worse for drink.
a woman crying out upstairs—in a few minutes she came down and sat on the doorstep—I went to her—she said "Will you fetch a cab and take me to the hospital?"—I heard the window opened and something thrown out, which I found in the road afterwards, and it turned out to be a knife—I picked it up and gave it to the police—the prisoner then came down and said he would fetch a cab, and I believe he went for one—the policeman took my address, and I left.
JOHN BONNER . I am a mineral water manufacturer, of 14, Princes Street, Rotherhithe—on the evening of the 29th I was just about going to bed, when a woman's cries brought me to the door—I went across, and saw the woman sitting on the doorstep of the house just opposite—she said "Oh, I am stabbed; he has stabbed me"—I went for a policeman, and he sent me for a doctor—I went to three doctors; at last I got one, and he came with me, and I and a policeman carried the woman upstairs—we had to burst the room door open; it was locked—there was no one inside—the doctor dressed her wounds.
PERCY CLEMENT (Policeman M 416). I received information and went into Princes Street—I saw the woman lying on the pavement bleeding—she was partially unconscious—I sent for a doctor, and by his orders conveyed her inside and upstairs—Bonner was there—Deane gave me the knife.
LIONEL BROOK (Policeman M 173). I arrested the prisoner at half-past 4 on the morning of the 30th of May, in Church Passage, Rotherhithe—I asked him if his name was Fitzgerald—he said "No," my name is Book"—I said he answered the description of a man named Fitzgerald who was wanted for stabbing his wife in Princes Street, and he would have to accompany me to the station—he said "All right, I will go quiet"—at the station he said "I was horrified when she said 'Oh my God, Bill, I am stabbed'; I picked the knife up and heaved it out of the window, and went for a cab."
JAMES FOLEY (Detective M). I was at the station when the prisoner was brought there—on telling him the charge he said "It is a bad job; after it occurred I went out to try to get a cab to take her to the hospital"—he then said "I had a word with my niece in the evening in a public-house in Salisbury Street, and when I got home me and my wife wrangled; the knife was on the table and I got hold of it, and in the scuffle she said she was stabbed, I then threw it out of the window, I only bought it on Friday, and sharpened it yesterday, I wish I had never bought it."
J.M. TIGHE. I am a house surgeon—about 1 o'clock I was called to attend the prosecutrix, and found her on the doorstep—I had her taken upstairs—her clothes were saturated with blood, and on removing them I found an incised wound about an inch long dividing the skin and muscles—it was on the left side and back, just over the tenth rib—I did not probe it—it must have been given with considerable force—it went through the bone of the stays, and all the clothes—I dressed it—I did not see her afterwards—it must have been done with some sharp instrument, probably with the point of a knife—this knife could inflict such a wound—I would not say that it was impossible to have been done in a scuffle—it does not seem likely from the account—it could be done if she fell on the knife—I didn't see any wound on her hand.
The prisoner in his defence stated that the wound must have been caused accidentally in the struggle.
NOT GUILTY .
MR. HUTTON Prosecuted.
EDWARD PEACH . I live at 9, Brookdale Road, Catford, and am a horse dealer and rent some stables in George's Lane—on 14th June I had in those stables a mane comb and coat and handkerchief, and I missed them about four or five that afternoon—I saw the coat next day in the possession of one of Mr. Phillips' men, who had bought it—I saw the comb the same evening—I found the coat in the possession of the ostler at the Black Horse.
GEORGE STAPLES . I am ostler at the Black Horse, Catford—between two and three on the afternoon of 15th June I saw the prisoner, and he asked me to purchase this mane comb, and I gave him 1d. for it—he said he had used it at Ascot last week, and having no further use of it he wanted to sell it—the prosecutor identified it the same night.
ARTHUR BRIGHT . I live at Holloway Farm, Southend, and am a labourer—on 15th June I purchased this coat from the prisoner—he asked 2s. for it, and I gave it him—he did not tell me where he got it—the prosecutor has identified it.
E. PEACH (Re-examined). This (produced) is the coat I lost.
JOSEPH JOYCE (Police Sergeant). I arrested the prisoner on 15th June in Southend Lane, Sydenham, and asked him where he got the coat from he sold on Saturday—he said "I bought it of a man near White House Farm, Lower Sydenham; I gave him 1s. for it, all he asked"—I took him to the station, where he had this handkerchief in his possession, which the prosecutor identified.
The prisoner in his statement before the Magistrate and in his defence stated that he bought the coat and found the comb and handkerchief in the pocket.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
Before Mr. Recorder.
745. JOHN WRIGHT (49) PLEADED GUILTY to a burglary in the dwelling-house of David Penhill and stealing a brush and other articles, after a conviction of felony at this Court in February, 1878, in the name of John Harris.— Twelve Months' Hard Labour.
MESSRS. C. MATHEWS and BODKIN Prosecuted; MR. PAYNE Defended.
NOT GUILTY .
MR. PARTRIDGE Prosecuted; MR. GEOGHEGAN defended Balchin.
NOT GUILTY .
MR. C. MATHEWS offered no evidence.
NOT GUILTY .
MESSRS. MEAD and C. MATHEWS Prosecuted.
GUILTY .— Three Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
750. JANE BRUCE (16) , Unlawfully procuring Ada Coleman to have carnal connection with a man unknown, she being under 13 years of age, and MARY ANN BENNETT (34) and GEORGE WILLIAMS aiding and abetting her.
MESSRS. MEAD and GOODRICH Prosecuted; MR. TAYLOR defended Bennett.
BRUCE— NOT GUILTY .
BENNETT— GUILTY .— Two Years' Hard Labour.
WILLIAMS— GUILTY .— Twelve Months' Hard Labour.
MESSRS. MEAD and GOODRICH Prosecuted.
NOT GUILTY .
752. FRANCIS THOMAS ELLWOOD (49) PLEADED GUILTY to forging and uttering bankers' cheques for the payment of 5l., 5l., 5l., 3l., and 3l., with intent to defraud; also to obtaining by false pretences from Joseph Robinson 1l., and other sums from other persons, with intent to defraud, after a conviction of felony at this Court in April, 1885.— Judgment respited.
SMITH PLEADED GUILTY .
MR. WARBURTON Prosecuted.
GEORGE RIDGER . I live at 19, Etruria Street, Battersea, and am a labourer—at a quarter to 11 p.m. on 30th May I was in the Wandsworth Road, when Brown rushed at me and snatched my chain out of my waistcoat—I chased him down the street and caught him—we had a struggle, and Smith came up and held me by the mouth and took my watch out of my pocket—they tore my trousers all down and rifled my pockets—I am certain about the identity of these two people.
Cross-examined. It was a quarter to 11, just at the corner of Pascal Street, by the public-house, when I was crossing the road—there was a light just there in front of us.
CORNELIUS MONNIGAN (Policeman W 275). On this evening I arrested Brown—I told him I should take him into custody for being concerned with another man in custody for stealing a watch from the person of Rid on the night of the 30th inst.—he said "I know nothing about it,
I don't see why I should do a time for others"—I arrested the prisoner because I got information of the robbery and a description of the person.
BROWN— NOT GUILTY .
MR. WARBURTON Prosecuted.
JOHN SULLIVAN . I live at 51, Brandon Street, Walworth, and am a labourer—I and the prisoner lived in the same house and occupied the same bed—on the morning of 4th June, about 3 o'clock, we were both a little the worse for drink—the prisoner was sitting in a chair—I struck him in the face for a joke with my fist—he struck me—we struggled in the room; I got the worst of it—I went to open the door—the prisoner picked up the knife and stuck it in the back of my neck—it was a pocket knife—I went outside, and in the passage I went to strike him with my left arm, and he stuck the knife in my left wrist—he gave me three stabs altogether; the third was in the muscle of my left arm—I went to the station and made a complaint and had my wounds dressed, and gave the prisoner into custody—Mrs. Cross and Annie sleep in the same house in their own room, from which they could hear what we did in ours.
Cross-examined. I had the knife first to strike you—I took the knife up and put it down again.
NOT GUILTY .
Before Mr. Justice Stephen.
MR. RIBTON Prosecuted; MR. PURCELL Defended.
MARY ELIZABETH NOXON . I am the widow of the deceased William James Noxon—on 25th May I left home with him at 8 o'clock in the evening; we then lived at 47, Northcote Road, Battersea—a little before 10 o'clock we were crossing the road from the left to the right, a milkcart came up very fast and knocked my husband down and ran over him; the horse kicked him in the left eye—I think that the shaft must have caught him and knocked him down, and the wheel then went over him—the prisoner was the driver of the cart—he didn't stop after my husband was run over, a young man fetched him back in a minute or two—I took my husband home in a cab—next day he went to St. Thomas's Hospital—he died on the 30th, two days afterwards.
Cross-examined. There is a railway arch in the road there, a very deep one and long, and there is a tram line running under the arch—there was a tram-car standing still a little past the archway by the Falcon, it was not coming along—I did not see the milk-cart coming, I heard it—we had crossed over the tram line—when my husband was knocked down the tram-car began to move, and I said to a young man there "Make haste and help me with him over the road, or the car will go over him"—it is rather a dark spot, but there are lights there—the railway on the
arch runs into Clapham Junction—we had been to do some shopping, and were carrying several things; we might have been a yard apart from each other.
GEORGE ERNEST LACEY . I am a draughtsman, and live at 6, Khiva Terrace, Battersea—on 25th May, about 10 minutes to 10, I was in company with Charles Joy in Falcon Road, Battersea—I saw the horse and cart coming along in the direction from the Prince's Head towards like Falcon; the deceased was just going under the arch when the milk-cart came along and knocked him down and went over him—it was going very fast—it went on until it was compelled to stop, and the prisoner was brought back—he had gone about 40 yards—we picked up the deceased, and he was taken away in a cab—the cart was going a fast trot.
Cross-examined. The deceased was in the archway—we were coming in an opposite direction—the tram line is close to the right, the driver would have to go to the near side rather to avoid the tram line—I saw a car at the starting point—there was no vehicle in the roadway, it was quite clear—there was some traffic that night, being Derby day, but not under the arch—I saw the prisoner after the accident, he was perfectly sober.
CHARLES WILLIAM TEGG . I am a watchmaker's traveller, of 14, Shillington Street, Battersea—on the 25th, about a quarter to 10 o'clock, I was walking down the main road towards the Falcon—I heard the milkcart coming along at a very fast speed, the prisoner was driving—I saw the accident—he did not try to stop, he passed on at the same speed—I saw him brought back, there was another person in the Cart with him—he was more on his wrong side than his right—I saw nothing to prevent him going on his right side.
Cross-examined. There is a single tram line on the near side—the starting point for the cars is just through the archway—I did not see the cart before the deceased was knocked over, I heard it; I was just entering the arch, going the same way as the cart—there was no other vehicle, under the arch—it is very dark there, in spite of the lamps.
Cross-examined. There were milk cans in the cart, they would make a great clatter.
JOHN STEWART HUTTON . I was house surgeon at St. Thomas's on 26th May, when deceased was brought there—he was under my care—I heard what had happened—there was a post-mortem—the cause of death was rupture of the intestines—that must have been caused by extreme violence—all the other parts were healthy.
Cross-examined. He said he had been knocked down, but he did not blame anybody.
The prisoner received good character.
NOT GUILTY .
ADJOURNED TO MONDAY, JULY 25TH.