CENTRAL CRIMINAL COURT.
HANSON, MAYOR. ELEVENTH 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, September 12th, 1887.
Before Mr. Recorder.
MR. POLAND and MR. CHARLES MATHEWS Protected; MR. LOCKWOOD, Q.C., and MR. BESLEY Defended.
HANS SCHARIEN . I am a builder and decorator, of 3, Gloucester Terracea, South Kensington—I formerly carried on business with a Mr. Williams—in February, 1885, we executed a deed of assignment to our creditors, and a trustee was appointed—an advertisement was issued calling on our creditors to send in any claim, on our estate on or before 31st March, 1885—in consequence of something I heard from one of my workmen, I went to 67, Strand, in January, 1887—I saw a plate outside with the name of F.H. Dougal and Co. on it, first floor—I went up and saw the name of Dougal on the door—I went in and saw an elderly man named Keyboard in his slippers, of whom I purchased this book, and paid 1s. 6d. for it (This contained a list of person, whose next-of-kin were entitled to unclaimed moneys)—in this book I saw the name of my firm; "Charien and Williams"—I wrote to the defendant asking to be furnished with particulars—I received this reply stating that he would have the records searched and furnish particulars on receipt of a postal-order for 1l., which I sent believing I should hear something to my advantage—in reply to my postalorder I received from the prisoner this advertisement (This was a copy of the advertisement in the Daily Telegraph calling upon the creditors of Scharien and William to send in their cliams on or before 25th March, 1885)—that was quite valueless to me—after this I went to the prisoner's office to try and pet my money back—I did not see him; I
saw Kybard, and he blew up a tube, but I got no satisfaction—I then went to the police-court.
Cross-examined. I ceased to be partner with Mr. Williams in 1885—I have had business transactions with him since, but not as a partner—I signed the letter I sent to the prisoner as Scharien and Williams—I had communicated this matter to Mr. Williams—the book the workman showed me was like the one I bought; it contains the terms on which the prisoner proposed to do business—I looked at it—I did not know I could get an extract from the advertisement for 7s.—all the persons who owed the firm money had paid—the trustees would of course be entitled to any benefit—I communicated with them at the time—I knew that I could not claim any money belonging to the trustees—I had no reason to think any money was coming to me personally, still, one has always a floating idea.
The RECORDER expressed an opinion that this evidence did not show a fraudulent intent on the part of the prisoner. After other witnesses had given evidence of a similar character, the RECORDER held that the case did not sufficiently show fraud on the part of the prisoner, and directed a verdict of
NOT GUILTY .
NEW COURT.—Monday, September 12th, 1887.
Before Mr. Common Serjeant.
847. GEORGE GILL** (15) to feloniously uttering counterfeit coin, and the said GEORGE GILL and FREDERICK GOSBY(18) to unlawfully uttering counterfeit coin.— [Pleaded guilty: See original trial image.] Judgment respited.
MR. AVORY Prosecuted; MR. HUTTON Defended.
FREDERICK CHAMBERS HERON . I am a chemist, of 10, Hatton Garden—on 28th July, about 7.30 p.m., the prisoner came in and asked for a strong seidlitz powder, and gave me a half-crown, which I put in the till and gave her 2s. 4d. change—about five minutes after she had gone I looked in the till and found the half-crown was bad—it was the only one there; no one had been in in the meantime—about ten minutes afterwards I went out with a friend and walked up Holborn, and saw the prisoner and a man coming down towards Lamplough's shop—I watched them—the prisoner entered Mr. Lamplough's shop—I walked over the road and spoke to a constable and Mr. Home, and then we went over into the shop and spoke to the assistant—the prisoner was still in the shop, but she did not hear what I said—the assistant showed us a bad half-crown, and I gave the prisoner in charge with the half-crown she passed to me; this is it (produced)—my shop is 30 or 40 yards from Mr. Lamplough's.
Cross-examined. I served the prisoner myself—she was in the shop about two minutes—I have no assistant—I gave her two shillings and 4d. in coppers change—I found it was bad about five minutes after she had gone—I don't think I said ten minutes at the police-court (The witness's
deposition stated"About ten minutes afterwards I examined the half-crown")—I admit now I did say that—I saw the prisoner again about a quarter of an hour after that, going into the other shop—I had seen her with her husband outside—I am absolutely certain she is the woman who came into my shop—I have a good business, but no one else was there at the time—I had not had a customer for about a quarter of an hour before she came in.
Re-examined. She had a large brooch on when she came in: with a portrait in it, to the best of my recollection.
By MR. HUTTON. I mentioned the brooch at the police-court; I said I had given a description of the woman, and she had a large brooch—I described that at the police-station; I won't swear I said anything about it at the police-court, but I feel confident I did—I have no doubt whatever that she was wearing a brooch with a portrait in it.
CHARLES HORNE . I am assistant to Mr. Lamplough, a chemist, of 113, Holborn—on 28th July, about 7.45 p.m., the prisoner came in and asked for a strong seidlitz powder—she gave me a bad half-crown—I told her it was bad—she said "Oh! I think you are mistaken; here," offering me her purse to select from—that contained good money—she gave me a good half-crown from it, and asked for the bad one back, but I did not give it to her—I had bent it a little—she said "Would you like to speak with my husband?"—I said "Yes," and she went out and brought in a man who said "What is all this bother about?"—I told him that the woman had given me a bad half-crown—he said "It is a pity; give it me back?"—I declined; they both left, and in about a minute Mr. Heron came in, and I showed him the coin—the prisoner was wearing an enormous brooch with a photograph in it—I gave her in charge.
CORELLI PORTER (City Policeman 374). I received information and stopped the prisoner coming out of Mr. Lamplough's shop—she went back with me, and I said to Mr. Horne "Has this woman given you a bad half-crown?"—he said "Yes," and handed me this coin (produced)—she said "It is a mistake"—Mr. Horne gave her in charge—I did not see the man; I took her purse from her hand; it was opened at the station, and contained two half-crowns, a florin, and four pence, all good, and a seidlitz powder—she wore a large brooch with a portrait in it.
Cross-examined. When she said that it was a mistake Mr. Horne declined to charge her—only one powder was found on her—the female searcher found nothing on her.
GUILTY .— Two Months' Hard Labour.
849. HARRIET ELLEN PHILLIPS (26) PLEADED GUILTY to two indictments for stealing, while employed in the Post-office, two post letters, the property of Her Majesty's Postmaster-General.— Twelve Months' Hard Labour.
851. EDWARD RYAN(41) to two indictments for stealing, while employed in the Post-office, two letters, the property of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Judgment respited.
852. ALBERT MASKELL(53) to stealing, while employed in the Post-office, a letter containing property of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour. And
853. WALTER OVERTON (25) to stealing while employed in the Post-office, a letter containing two postal orders for 20s., and one for 10s., of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Twenty Months' Hard Labour.
OLD COURT.—Tuesday, September 13th, 1887.
Before Mr. Justice Grantham.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. GILL Defended.
JANE HENDY . I am 23 years of age—I am now living with my sister at 60, Orpingdale Road, Holloway—I have been acquainted with the prisoner about three years, he is a jeweller—during the time I have known him he has been in the employment of a Mr. Edwards, a jeweller—I first began to live with him in May last—some connection had taken place between us in the autumn before, and as the result I became in the family way—I was expecting my confinement, and went to live with him from May to 17th June, at 24, Roden Street, Holloway—I had a room upon the ground floor, and he had a room upstairs—about a fortnight or three weeks before 21st June I asked the prisoner what was best to be done, and he said he thought it best for mother to have the baby and for me to go out to service again—I had been both in service and in business before—my mother did not know the position I was in—he said he did not know what he should do without me—he was keeping me, and I was helping him with money I had saved—before my confinement I had noticed a box which he owned standing against the sofa in the parlour, and I had noticed a revolver there many times when he was present—I thought it was a six-chambered revolver, but it was eight-chambered—he only said what a nice revolver it was—the confinement took place on the 10th, and I remained in bed until the following Friday—the child, only lived about seven hours—Dr. Davis was called in by the prisoner on the 11th, and he attended to me after my confinement—on Friday, the 17th, the prisoner went to the American Exhibition, and came back about 5 o'clock—I was in bed at the time—he remained downstairs some hour or two, and he seemed very kind, but he didn't seem to be able to settle down, and he looked as if he had had a drop—he asked me if I would take any supper, and I said "Yes," and he went out and got some soles, and I think we had supper between 6 and 7 o'clock—he remained in the room during the evening smoking and drinking beer—we had a cask of beer in the house, and he went out of the room and fetched some up in a jug—he went for beer three or four times and brought back a full jug each time—we drank four quarts between us—I drank a quart, and he had three quarts, but I did not see any difference in him then or when he came back from the Exhibition—we kept talking together up to about 9 or 10 o'clock, and then he went down into the kitchen to have supper with the landlady—he came back in about half an hour—he said "You look as if you had been troubling, old girl"—I said "No, I have had nothing to trouble
about"—he then asked me if I would have some more beer—I had some, and he gave me some strawberries—he kept on drinking, and I kept telling him not to have any more—he then said "Take hold of my hand, old girl, and try and pull it away," and I tried to pull it away, and he said "You are getting nice and strong," and I said "Yes"—he then said "It would be the death of you, old girl, if you saw me go away, and I said "Yes"—he then said "Will you die with me to-night, old girl?"—I burst out crying and said "No"—I fainted—he then caught hold of me and said "Hang me if I don't"—he said "Don't cry, old girl, it will soon be over; don't be frightened, old girl, I have got to go over to the box before I get it," and he pointed to the box that he used to keep the revolver in, but he did not go over to the box then; he stood by me—he then drank more beer, and stood by my bedside about an hour and a half, to near midnight—I then asked him for his penknife; I said if he gave me his penknife I should be happy, and he let me get it out from his ticket pocket—he then said he hid some brandy, would I have some—I said I did not want any, and he did not fetch it—he then said "You have never seen me cry before, have you?"—I said "No," and he burst out crying, and put his arms round my neck and kissed me—he remained there until some streaks of daylight came through the window, and then looked up to the clock and said "It is nearly 3 o'clock"—I said "Yes, it is getting daylight"—he then went to the washhandstand near the window, as if he was looking out of the window, and then he took a revolver from his coat pocket, and fired towards me; I was then sitting" up—I cannot say whether he pointed the revolver first—I counted six shots, and I was hit by the bullets five times—I called out "Murder!"—he then laid down on the sofa and held the revolver to his chest—I managed to get out of bed while he was lying there and went upstairs and call out, and the landlady and her two sons came to my assistance—I knew he had one revolver, but I did not know of his having a second one—I saw nothing more of the prisoner till I saw him before the Magistrate—I was taken to the Great Northern Hospital, and remained there till 14th August, when I was taken before the Magistrate.
Cross-examined. I have lived with the prisoner both at Seven Sisters Road and also at Gloucester Road, where I had a child—he has always behaved as a quiet inoffensive man; he was very fond of me and was much attached to me—during my last confinement he treated me with the very best kindness, and himself brought a doctor to me, and was very anxious about me—after the death of the child he seemed very different; he seemed very excited and worried about it, and complained of want of sleep, and that he could not eat—during my confinement he was not in the same room with me; he frequently used to come down in the night, and tell me he could not sleep—the night before this occurred he was down in my room nearly all night—I had never known him drink like this before—he did not complain of thirst—I did not think he was going to shoot himself when he talked about the revolver—when he began to cry and spoke about breaking my heart I did not know at all what he was talking about—when I first, knew him he spoke to me of a very bad fall from a bicycle, and he complained of pains in his head at Christmas time last—he said he was very bad.
o'clock in the morning of this day I was in bed on the top floor, and heard the young woman coming upstairs calling "Murder!"—I came downstairs and found her in her nightdress, which was covered in blood—I then went downstairs and looked through a window, and saw the prisoner in the street; he was fully dressed, with his slippers on—I gave the alarm, and called "Police," and went for a doctor.
JAMES GILHAM (Policeman Y 139). I was on duty in Roden Street on the morning of 21st June, about 20 minutes past 3, and heard some pistol shots coming from No. 24—on going towards the house I saw the prisoner come out of it; he was fully dressed, and wearing slippers—the last witness said "Stop him, he has shot his wife"—upon that the prisoner ran away; he put his hand in his pocket—I had a considerable chase after him, and in the end seized him and overpowered him—I put my hand in his right coat pocket, but found no revolver there, but I took a box from there containing 44 cartridges, and I afterwards fitted them to the six-chambered revolver—I told the prisoner he would have to come back to the house with me—he said "All right, constable, I will go back with you," and several times on the way he exclaimed "It will all come out"—when I got into the passage outside the parlour door the prisoner pulled at the door and said "There she is, in there," and tried to get into the room, but I would not let him—another constable then came in, and I handed the prisoner over to him, I afterwards saw the woman upstairs, and then came down again, and saw the prisoner straggling in the front parlour with the constable, and I took this eight-chambered revolver from the prisoner; it was loaded in every chamber—I then went with him to the station, and he there said "I tried to intimidate you during the chase by feeling in my pockets, but don't think for a moment I tried to shoot you."
JAMES MELTON (Policeman Y 438). The prisoner was handed over into my charge by the last witness—the prisoner said, "I want a drink of water"—I told him to wait till he got to the station—he then said, "Where is she?"—I said, "Upstairs"—he said, "No, she is not, she is here," and made a rush into the parlour, and took an eight-chambered revolver from a box there—I closed with him, and it was taken from him—I afterwards found in the box 68 ball cartridges which belonged to the eight-chambered revolver—I think the prisoner was recovering from the effects of drink.
ROBERT READING (Policeman Y 399). I went to 24, Roden Street on this morning, at half-past 3, and on the couch in the parlour I found this six-chambered revolver; it was quite warm, as if it had just been fired.
WILLIAM DAW (Inspector Y). About 4.30 a.m. on this morning I went to Roden Street, and in the front room I saw the quilt and sheet on the floor, and saw the stains of blood in the bed and on the bed clothing—Dr. Cowie, of the Great Northern Hospital, gave me three bullets, which fit the six-chambered revolver—at the station the charge was read over to the prisoner—it was for shooting at Jane Hendy with intent to murder her—he said, "I understand"—that is all he said.
CHARLES EVANS . I am a surgeon, practising at 135, Hornsey Road—on Saturday, 11th June, I was called in by the prisoner to see this young woman, who had just been confined; the midwife was with her at the time—the child did not live—on the morning of 17th June one of the Woods came to me, and in consequence of what he said I went to 24,
Roden Street, and there saw the prisoner in custody in the hall—I then went upstairs, and saw the woman, in her nightdress, in a fainting condition—I examined her, and found that she had a bullet wound in the upper part of the right arm, the bone was broken—there was also a bullet wound in the left wrist, and a third in the left shoulder, and a fourth on the left thigh, and a fifth at the back of the left shoulder—I dressed the wounds as well as I could, and then took her to the Great Northern Hospital—I was present when her nightdress was taken from her, and saw a bullet fall from it; it had struck her and then dropped out—I was present when a second bullet was extracted from the left wrist—three of the wounds were very serious.
Cross-examined. The prisoner fetched me during her confinement.
ALEXANDER MITCHELL COWIE . I was house surgeon at the Great Northern Hospital, and attended to this woman when she was brought there on this morning by Mr. Evans—there were five distinct injuries, and two bullets are still in her, one under the collar-bone, and one in the wrist—the thigh injury splintered the bone—three of the bullets were taken from her and given to the inspector—she remained under my care until the 18th of August; she progressed very favourably—at the beginning she was in danger, but she has recovered and is now out of danger—the bullets in the body do not produce any danger—I think the lameness will go away—I took two bullets out from her, this (produced) is the one that dropped from her nightdress; it came from the right shoulder wound, and had splintered the bone and gone right through the shoulder; the bullet was nearly cut in half.
PHILIP SANTI . I was house surgeon at St. Bartholomew's Hospital—on 13th June, about 7 o'clock in the evening, the prisoner came there with his throat cut, a penknife would have inflicted it—it was a very serious wound, and for a little while his life was in danger—he remained in my charge until 5th July, and I had constant opportunity of seeing him—Dr. Gabriel also had chances of seeing him, he is my superior; I also conversed with him—there was nothing to show me he was of unsound mind either in his manner or his speech.
DR. GABRIEL, M.B., M.R.C.S. I am house surgeon at St. Bartholomew's Hospital—I saw the prisoner there on the 20th, some time after he was brought, and I saw him between that time and 5th July, but there was nothing in his manner or demeanour to lead me to the conclusion that he was anything but of sound mind.
Cross-examined. I don't think that it would be consistent with a paroxysm of mania that an attempt on his own life would be likely to calm him and bring him to his senses—I did not examine his head.
PHILIP FRANCIS GILBERT . I am surgeon at the prison at Holloway, where the prisoner has been confined awaiting his trial—during that time I have had him under my observation, and I have seen nothing in his manner or demeanour to lead me to think he was of unsound mind, he always appeared rational.
Cross-examined. The wound in his throat has affected his voice, and he can only speak in a whisper.
The prisoner received a good character.
GUILTY .— Fifteen Months' Hard Labour.
MR. POLAND and MR. MEAD Prosecuted.
GUILTY .— Ten Years' Penal Servitude.
NEW COURT.—Tuesday, September 13th, 1887.
Before Mr. Recorder.
MR. BLACKWELL Prosecuted.
The prisoner admitted that she wrote the letters, and there being no plea of justification the RECORDER directed a verdict of GUILTY .—TO enter into her own recognisances to come up for judgment if called upon.
MR. GILL Prosecuted; MR. WARBURTON Defended.
JAMES BONNER . I am a sorter at the General Post-office—I enclosed a half-sovereign and two half-crowns in a registered envelope addressed to my sister, Mrs. E. Thomason, and left it at the post-office in Southwark and got the receipt (produced).
CORNELIUS THEOPHILUS EDGE . I am head postman at Lower Edmonton—the prisoner was employed there as a suburban postman—he was on duty on 23rd April—this receipt (produced) is signed by him, and shows that the letter was received at 4.6 p.m.—it is "Received by E. Thompson"—it was his duty on receiving a registered letter to enter it in the general entry-book with carbon, and there is a counterfoil which should be signed by the person who receives the letter—a letter addressed to that place would be in the prisoner's delivery—I afterwards noticed that the receipt for the letter was not there—I asked him where it was—he said he would bring it next time; he had not got it with him—on the same day he brought this piece of paper signed as it is now "E. Thomason," which I believe to be his writing—on Wednesday, the 27th, he was suspended, and on the 27th or 28th he absconded and never returned.
Cross-examined. It was his duty to write this "E. Thomason" in pencil in the office, and to the best of my belief this "E. Thomason" in ink is the same writing—this other in blue is written at the same time with carbon—he has been at the post-office about a year—he was suspended pending inquiries on two other cases; we knew nothing of this till after he was suspended—he was not suspended on the 24th and 25th, not till the 27th—he brought this receipt on the 25th, and came to his duty on the 26th—he lives eight or ten minutes from the post-office——he would not have been allowed to go to work if he had come on the 27th.
ELIZABETH THOMASON . I am the wife of Seth Thomason, of 16, St. Mary's Road, Lower Edmonton—on 23rd April I expected some money from my brother which did not come; I was at home all day and no postman came—I wrote to my brother, and afterwards went to the post-office—this receipt is not my writing.
Cross-examined. No one else lives in the house but my husband and children; we hare no servants or lodgers.
MATTHEW TOWER (Post-office Constable). I received information, and on 30th July I took the prisoner at Worcester—I read the warrant to him charging him with stealing the letter and with forgery—he said "I know nothing about it; I am innocent."
GUILTY .— Fifteen Months' Hard Labour.
MESSRS. GILL and RICHARDS Prosecuted; MR. MEATES Defended.
FREDERICK KENT . I am clerk to Watts and Aycott, drapers, of Arundel, Sussex—on the morning of 2nd August I obtained at the Arundel Post-office these three postal orders for 20s. each (produced)—I inserted the name of the payee "R. Adams," and put them into an envelope addressed "Mr. R. Adams, care of Mrs. Rowe, Regent Street, Plymouth," and posted it—I received information and complained to the post-office authorities.
ROBERT ADAMS . I am assistant to Watts and Aycott, drapers, of Arundel—on August 1st I was staying at 56, Begent Street, Plymouth, and expected a letter from Mr. Kent containing money—I never received these postal orders—these are not my signatures, nor were they written by my authority.
ANDREW LITTLE . I am an upholsterer, of 56, Begent Street, London—the prisoner was my porter, and Mr. Van White was my salesman at the beginning of August; my other assistant was then abroad—on 2nd August I received a letter which was mis-delivered, addressed to 56, Begent Street; London was not mentioned—to the best of my belief it was "Care of Mrs. Rowe, Plymouth"—I did not open it; I put it on a desk or on two hassocks beside the desk, and said to somebody who was present, either the prisoner or Van White or both, "Give this to the postman"—the post-office is in Regent Street, and the prisoner would be known there—I never sent him to Leicester Square Post-office—I produce the parcels' delivery book containing entries of persons to whom parcels are to be delivered; they are sometimes made by the salesman, and sometimes by the porter—there are several entries in pencil, and others in ink—those in ink would be made by Dickinson, Van White, or myself, and the pencil ones by the prisoner to the best of my belief.
Cross-examined. I will not swear that the letter was not delivered later than August 5th—I took it from the letter-box myself, and took it to my desk with other letters—I made a remark to somebody, and do not remember seeing it again—workmen come in and out, and sometimes stand by the desk—I will not swear to the name of Rowe being on it or Plymouth—I cannot say whether the prisoner was outside cleaning windows when the letter was delivered—I lost a pocket book about that time—the prisoner has been in my employment about five years in a position of trust, and I have never had to complain of him—he has collected money for me, and his accounts have always been correct.
the other assistant, was away in August—I did not take this letter or present these orders—it is the assistant's duty to write in this delivery book the destination for the porter to deliver parcels and where they are to go, and if not it would be the prisoner's duty to fill them in—here are a number of entries written by him.
Cross-examined. I believe they are his writing—there is no other porter.
ISAAC FRANCIS SMITH . I am a clerk at the post-office in Leicester Square—on August 4th these three postal orders were presented to me with the name of the Leicester Square paying office filled in as it is now—they were signed "Mr. R. Adams"—I could not accept that, and spoke to the man who presented them, and he went on one side, and brought them back with "R. Adams" written on each of them—I cannot identify him—to the best of my knowledge I have had some transactions with the prisoner, but I cannot identify the transactions.
MATTHEW MOORE (Post-office Constable). On August 19th I saw the prisoner in Regent Street in the presence of Mr. Little and Mr. Van White—I told him I was from the Post-office, making inquiries in reference to a letter addressed "Mr. R. Adams, care of Mrs. Rowe, 56, Regent Street, Plymouth," which I had reason to believe was delivered there, and asked him if he had seen it—he said, "No"—I said, "Mr. Little has no doubt that such a letter was delivered here, and it contained three postal orders for 20s. each, and they have been cashed"—he said, "I don't remember such a letter, I know nothing about it"—I asked him and Van White if they had any objection to give me their writing, they said, "No," and Van White wrote these three first lines (produced), and the prisoner the remainder—I examined it with the order, and told the prisoner that they very much resembled his writing—he said, "It is not my writing. I know nothing about it; I never saw the letter."
FREDERICK WILLIAM WOODWARD . I am a clerk in the Enquiry Office, General Post Office—or 22nd August I went to Regent Street and saw the prisoner in Mr. Little's presence, and told him who I was, and about the letter, and the orders being cashed, and, at my request, he wrote the name of the paying office and the payee on a sheet of paper—I then produced the three orders, and said, "Do you say that the signatures to these three orders are not in your writing?"—he said "Yes, that is not my writing"—I had seen what he wrote for Moore, in which he spelt Leicester "Lecester," as it is spelt on the postal orders—when he wrote it for me later on, he spelt it properly—I spoke to him as to the letter not having been returned to the postman—he said that he knew nothing about it—I gave him in custody.
GEORGE SMITH INGLIS . I am an expert in handwriting—I have examined the writing on these three postal orders with the writing on these papers A and B, and, in my opinion they are the same, but disguised in the capitals—I have also examined them with the delivery-book, where the capitals are not disguised, and that is more clear—I have examined various entries against which a cross has been put, which are not Van White's writing or Mr. Dickenson's—all the d's in "Adams," which occurs six times in the postal orders, are made with an "o" and the top going round, and that is the invariable rule with the d's in the delivery-book and in the paper marked A—the word "Square" on the postal orders and on the paper are practically the same, and there are a number of other instances—I have doubt about the writing.
Cross-examined. I have no doubt whatever that the prisoner wrote these three postal orders—the word Leicester is spelt in two different ways—I should say that the paper marked B was written when the man was in a state of nervousness and shaky, and he would try to alter his writing, which he has done in the capital R's—a man's bodily health affects his writing—a man who had been writing all day would not write the same in the evening as he did in the morning, but my belief is that this is the same writing, as the capital It's in the delivery-book agree with the postal orders; but the test writing is different—one is to prove a negative and the other a positive; one is made by one operation of the pen, and the other by two, but the second part of it is the same-there are three little s's in the postal orders, the word Adams finishes with an "s" which is written up in the air, and in the word "Thames" in pencil the "s" also goes up in the air, and on August 27th in the word "Catherines" the same feature occurs, and I have several instances in the book, of s's which agree with the postal orders—I say that the writing on the postal orders and in the delivery-book are the same—the writing in the postal orders is shaky, but it is nearer than the test writing is.
By MR. GILL. There are a large number of other instances, the capital L 16 very peculiar.
GUILTY. Strongly recommended to mercy by the Jury. — Four Months' Hard Labour.
The prisoner having stated in the hearing of the Jury that he was guilty, they found that verdict.— Five Years' Penal Servitude.
860. SAMUEL FARMAN (63) PLEADED GUILTY to two indictments for embezzling the sums of 30l. 14s. 6d. and 3l. 10s., and to forging and uttering a cheque for 8l. with intent to defraud.— Twelve Months' Hard.
861. GEORGE BROWN(42) to a burglary in the dwellingLabour. house of George Ashton, and stealing 300 cigars and 57 half-ounces of tobacco, his goods.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour. And
862. GEORGE DODD (25) to stealing a cap, two jerseys, and two pairs of knickerbockers, the goods of Carter, Paterson, and others, after a conviction of feloney at this Court in September, 1855, in the name of George Gregory.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour.
THIRD COURT.—Tuesday, September 13th, 1887.
Before Mr. Common Serjeant.
863. BRIDGET DOWNS (47) and MARY ANN BURNS (37) were indicted for feloniously possessing counterfeit coin, with intent to utter the same, to which BURNS PLEADED GUILTY . She was further charged with having been before convicted of feloniously uttering counterfeit coin on the 28th June, 1880, in the name of Mary Ann Sullivan, to which she PLEADED NOT GUILTY.
MR. HORACE AVORY Prosecuted.
prisoner is the person mentioned in it—I received her on that occasion—I had received her twice previously, and I have seen her once since as a prisoner when her licence was revoked.
GEORGE WIDNER (Police Sergeant E). On the afternoon of 29th July I saw Burns standing on the left-hand side of Southampton Row looking towards Theobalds Road; I looked in that direction and saw Downs come out of a confectioner's shop with two buns open in her hand and walk towards Russell Square—Burns walked along on the other side, and crossed the road against Russell Square and got into conversation with Downs—Downs gave her the two buns—they turned down Guildford Street, about ten yards past the Colonnade, and then turned back and went through the Colonnade down Bernard Street to about ten yards past Marchmont Street; then turned and came down Marchmont Street in conversation side by side—Burns rubbed her right hand on her left hand sleeve and handed something to Downs—they walked together and turned down Leigh Street, where Burns looked in a paper shop, and Downs went into the Norfolk Arms at the corner of Sandwich Street—I followed in, and the landlord showed me this bad shilling—I called another constable and told him to look after Downs, to see she threw nothing away—I went after Burns, who was then standing in Judd Street—after some struggle with Burns I got her hand open and found in it a piece of paper containing three counterfeit shillings, all wrapped up separately—I then went back to the public-house and took Downs in custody—I charged her with being concerned with the other woman in custody in uttering and possessing counterfeit coin—she said "I know nothing about the other woman"—at the station she was searched; she only had a penny in her hand—I said to Downs "What is your address?"—she said "I refuse my address"—the confectioner's shop was 88, Southampton Row.
WILLIAM FOCLDER . I am barman at the Norfolk Arms, Leigh Street—on 29th July Downs came in for three-halfpennyworth of peppermint and gave me a shilling, which I put on the till, and I was about to give her the change when Mr. Grant came up and took the shilling from my hand—immediately afterwards the constable came in—Downs was there then—the coin was not like a good one—Grant took this shilling up immediately, and gave it to the constable.
WILLIAM GRANT . I am landlord of the Norfolk Arms—on the afternoon of 29th July I was standing by the barman's side and saw him serve the prisoner, and I saw her put a shilling down on the counter—the barman put it down on the shelf where the sixpences were, and I took it up, there were no others there, I gave it to the, constable who came in directly afterwards and asked me what I had taken from the woman—I said a bad shilling—she said she did not know she had got a bad shilling; she had only a penny more, if I would take that in payment for the peppermint—I did not take it, but told her I should have to lock her up.
JANE WHEATLEY . I am assistant to Mrs. Innes, confectioner, 88, Southampton Row—on the afternoon of 29th July I served several buns—I don't identify either of the prisoners—Widner came in and made inquiry—I looked in the till and found this bad shilling—I must have taken it between half-past 1 and half-past 3, because I cleared the till at half-past 1, and again at half-past 3—I handed the coin to Widner.
this produced by Wheatley, are all counterfeit—the one produced by Wheatley is from the same mould as two of those found on Burns—rubbing black stuff on the coin gives it a tone.
GUILTY . Downs then PLEADED GUILTY** to a conviction of feloniously uttering in 1874 in the name of Mary Davis at this Court. Burns.**— Five Years' Penal Servitude each.
MR. WILKINSON Prosecuted.
ISABELLA GALLOWAY . I am assistant to Mrs. Furney who keeps a confectioner's shop at 148, Edgware Road—I was serving in the shop on 9th August shortly after 5 o'clock when the prisoner came in for a penny scone, and gave me a bad shilling—I looked at it and bent it between the till and counter and passed it back to him, and said it was bad—he said he did not know it was bad; he knew where he got it from, and he took it away with him, paying for the scone with a good penny—this does not look like the same coin; I bent it; it was darker—I did not mark it—the Aerated Bread Company's shop is three doors off—I bent the coin very much; I disfigured it.
ANNIE GOLDSMITH . I manage the Aerated Bread Company's shop, at 140, Edgware Road—I was serving there on 9th August, about half-past 5, when the prisoner came in for a penny scone—I served him—he threw down on the counter a shilling, which I found by its weight was bad—I told him it was a funny sort of coin—he seemed surprised and said it was a good one; he would take it back to the man he got it from; he knew where he got it—I sent for a constable—meantime the prisoner paid with a penny for the scone, and left the shop—the constable brought him back, and I charged him—this is the coin—I gave it to the constable who marked it.
HENRY GREENWOOD (Policeman D 273). I was on duty in Queen Street, Edgware Road, shortly after 5 o'clock, when my attention was called to the prisoner going down Queen Street—I went after him, and took him back to 140, where I saw Miss Goldsmith, who charged him with tendering this counterfeit shilling—he said nothing—I took him into custody—I searched him in the shop, and found 3d. in bronze in this purse in his great-coat pocket—Miss Goldsmith handed me this coin—the prisoner said a man gave it to him in Covent Garden Market—he was taken to the police-station and charged—he gave his address as Hanover Court; that is a common lodging house.
WILLIAM JOHN WEBSTER . This is a counterfeit shilling—unless great force were used a good coin would not bend—this coin has not been bent—a bad coin could not be bent and straightened again without breaking.
The prisoner in his statement before the Magistrate and in his defence said that he received the coin in the market for taking out goods.
NOT GUILTY .
MR. WILKINSON Prosecuted.
whom I had known for a few months, looking in shop windows and shop doors, apparently looking for somebody—I watched him, and then stopped him—I said "What are you doing loitering about here?"—he said "Why do you stop me in the street like that?"—I said "Who are you, and what are you?"—he said "I am a discharged soldier"—I said "Where is your discharge?"—he said "I slept in a coffee house in this town last night, and I left it there"—I said "What coffee house? there are only three here; you must know which one it is out of the three"—he said "No, I don't know which one it is"—I said "What have you about you?"—he said "Nothing"—I said "I shall search you and see"—I put my hand in his right-hand vest pocket and took out this packet containing three counterfeit shillings wrapped up separately with paper between them—I said "How do you account for these?"—he made no reply—I said "You will have to come to the police-station"—I searched the prisoner at the police-station in the presence of Brooks and Inspector Cronin—in his coat ticket-pocket I found this rag containing six counterfeit shillings wrapped up separately with paper between—I found in his left-hand vest pocket two more counterfeit shillings rolled up separately in the same way as the others, and in his right-hand trousers pocket I found two counterfeit florins wrapped up separately—these made 13 altogether—I found 4s. 5d. good money, and what I believe is tobacco dust in paper in his trousers pocket—when the charge of unlawful possession was read over to him he said "That man (pointing to me) put money in my pocket just now"—he made some other remarks, and said something about Miss Cass, and that we were trying to get up a case—on the way to the police-court the following day he said "I am very sorry that I made that accusation against you last night, but just before you took me into custody I picked them up"—before searching him I asked him if he had anything on him—he said no, he had nothing.
Cross-examined. I did not see you make the attempt to go into any shop—there was one florin passed near about the time you were arrested, but the publican said he could not identify the man—you were 300 or 400 yards from the police-station—you said nothing about picking up the packet till next morning—you walked towards us; we were watching you—I did not see you pick up anything—you said nothing about it till the following morning.
Re-examined. I did not put the coins in the prisoner's pockets.
Cross-examined. I saw you look in windows and doorways—I saw you make no attempt to go into any of them—I made the observation I thought you were a deserter—you said "Yes, I have been a soldier"—Chick asked for your discharge—you turned and came straight to us—you could not get away, we should have been after you if you had.
TIMOTHY CRONIN (Inspector T). I was in charge of Brentford Police-station on this afternoon when the prisoner was brought in—Chick had a brown paper parcel of coins—the prisoner said referring to Chick "You took them from my pocket just now, I suppose you want to make up another case against me, like Miss Cass"—on further search he found the remainder of the coins in his pocket—I found they were counterfeit—they were all wrapped up separately with paper between each—I took
the charge against him and read it over, and he said, pointing to the constable, "He put them in my pockets coming through the street along Brentford; this is a got up case for me."
WILLIAM JOHN WEBSTER . These eleven shillings are all counterfeit, and from two or three different moulds—the two florins are counterfeit, and from the same mould—this is emery powder in this paper, it would be used to rub over these coins before they were placed in a battery to give them a perfectly smooth surface.
The prisoner in his defence said that he picked up the packet and intended to take it to the police-station, when the constables stopped him.
He then PLEADED GUILTY** to a conviction of feloniously uttering, in May, 1881, at this Court, in the name of John Price.— Five Years' Penal Servitude.
MR. WILKINSON Prosecuted.
SARAH HUNT . I am assistant at the Duke of York Coffee Tavern, Pimlico Road, kept by Mr. Jackson—on 13th August the prisoner came in for a cup of tea and piece of bread-and-butter of the value of 2 1/2 d.—he gave me a half-crown, and I gave him a two-shilling piece and 3 1/2 d. change—I tried to bite the half-crown and rattled it on the counter; it did not look good, it was so leadified,—I gave it to Mr. Jackson; he said "All right"—the prisoner was there then—he drank his tea, and asked Mrs. Jackson to give him a piece of paper as he wanted to wrap up what he could not eat—the prisoner was watching me all the time, and he was talking as if he wanted to pass it off—five minutes after he left the tavern, having been there about 10 minutes altogether—this is the coin the prisoner gave me.
SIDNEY JACKSON . I keep the Duke of York Coffee Tavern, Pimlico Road—on 13th August, about a quarter to 10 p.m., the prisoner came in—I saw him served by my servant with a cup of tea and bread and batter—he was very excitable and red—he drank the best part of the coffee, leaving about a quarter of a cup—I saw him pay for what he had had, and I saw Miss Hunt give him the change; she then showed me the half-crown—this is it—I knew it was bad directly I put it to my teeth; but the look of it showed me what it was—the prisoner was sitting at the table at that time and could see what I was doing—I put the coin in my pocket and came and sat on the edge of the table right opposite to him—he said "I was asked, which I would have, a cup of coffee or half a pint of beer, and I think the coffee best, don't you?"—I said "Yes"—he asked my mother for a piece of paper to wrap his bread and butter up in, and went out—I watched him to the corner of Sloane Street about five houses up; I lost sight of him for about five minutes, and then I saw him join a woman, who said to him "Is it all right?"—he said "Come on"—they went into the middle bar of the Coach and Horses, came out and went round to the side bar—I went and looked him straight in the face; he bobbed his head down—I came out and waited until I saw the policeman and Hartwell together—I went into the public-house with them and produced the half-crown in the prisoner's presence and said I would give him in charge—the constable said "You will have to come with me"—he said "All right, I will go"—I gave the half-crown to the constable.
SELINA HARTWELL . I assist my father in his tobacconist's business at 106, Pimlico Road—on 13th August I was serving in the shop about ten minutes to 10, by myself, when the prisoner came in for half an ounce of cut cavendish, price two pence—I served him; he laid down half a crown—I looked at it and said "That is a bad one"—he said he got it in wages at Stratford, near the church—he gave me two pence—I gave him the half-crown back, and lie left the shop directly—my father came in just as the prisoner was leaving—I made a communication to him and he followed the prisoner—I went out with him and saw the prisoner talking to a man and woman—I pointed him out to my father—this is the coin I received from the prisoner, there is a mark on it.
Cross-examined. There were two other customers in the shop at the time.
JOHN WILLIAM HART WELL . I keep a tobacconist's shop at 106, Pimlico Road—my daughter helps me—on 13th August I went into my shop about 10 o'clock—my daughter made a communication to me, went outside the shop, and pointed out the prisoner to me—he was 15 or 16 yards from the shop, speaking to a man and a woman—he then left them, and went down to the side door of the Coach and Horses; he met another young woman there—I met and spoke to a constable, and while doing so Mr. Jackson came up, and we all went into the Coach and Horses—I pointed out the prisoner, who was taken into custody—as he was being taken out of the door he put his hand into his right-hand pocket—the policeman was going to search him, I believe—the prisoner made for the kerb and thought at dropping something into the soft part of the gutter, but it chinked on to the kerb instead; it was a half-crown—a man in a white apron picked it up. and said it was a bad one, and gave it to the constable—the prisoner said nothing about that.
ERNEST RAINBOW (Policeman B 412). On 13th August, about a quarter to 10, I was on duty in the Pimlico Road, when Mr. Hartwell made a statement to me—Mr. Jackson also came up and made a statement—I went with them into the Coach and Horses, which is about 20 yards from Hartwell's shop; Hartwell's is about 40 yards from Jackson's—they pointed out the prisoner to me in the bar, he was sitting down there—Jackson produced this bad half crown in his presence, and said he had just received it from the prisoner; the prisoner said nothing to that—I told him I should take him into custody for uttering a spurious half-crown to Miss Hartwell and one to Mr. Jackson—as I was taking him out at the door I heard something jingle, and saw the prisoner's hand in his right-hand trousers pocket—I heard something fall on the pavement—a man named Air, whom I cannot find, picked it up about a foot from the prisoner, and handed it to me—the prisoner was partly searched at the Coach and Horses, and then at the station—I found on him 6 1/2 d. bronze and 6d. silver, good money—he was formally charged with the two utterings; he made no reply—when asked his address he said "No fixed abode."
The Prisoner's Statement before the Magistrate. "The second half-crown dropped in the gutter covered with water; you could not see it on the pavement."
The prisoner in his defence said that a young man asked him to have some
beer, that he said he preferred tea and bread-and-butter, and the man gave him a half-crown; that he returned and gave him the change; that he gave him another half-crown to buy some tobacco, and that when he heard it was bad he went back, but could not find the young man.
GUILTY .— Twelve Months' Hard Labour.
FOURTH COURT.—Tuesday, September 13th, 1887.
Before Robert Malcolm Kerr, Esq.
868. WILLIAM HENRY ROSE (45) and JOHN CLARK (43) to burglary in the dwelling-house of Henry Jamieson, and stealing a sugar basin and other articles. Clark having been before convicted. [Pleaded guilty. See original trial image.]
ROSE— Eighteen Months' Hard Labour. CLARK— Five Years' Penal Servitude.
870. ARTHUR BISHOP (32) and WALTER SEVENOAKS (31) to stealing a clock, value 7l., and divers other goods and chattels, value 60l., from the dwelling-house of William James Brooks. Sevenoaks having been previously convicted. [Pleaded guilty. See original trial image.]
SEVENOAKS— Two Years' Hard Labour. BISHOP— Eighteen Months' Hard Labour.
872. JAMES SCOTT(21) to forging and uttering requests for the delivery of 26, 26, 13, 13, 13, and 20 books respectively, with intent to defraud.— [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour.
WILLIAM GARDNER . I am assistant to and live at Mr. Copeland's, Commercial Road—I went out on 31st July, leaving the window safe—I returned at 10.35 and found the window broken and several articles missing from the rail in the window—I recognise the markings on these silk handkerchiefs (produced).
DANIEL ROACH . I am a buyer in the hosiery department—I went to the shop on the morning of 2nd August when I found the window broken and these 15 silk handkerchiefs and 12 neckties missing (produced)—they had been on the rail in the plate-glass window.
JOHN DOUNE (Policeman H 309). I was on duty in High Street, Whitechapel, at 9.50 p.m. on 31st July, with police-constable Patrick, when I saw the prisoner with something under his coat—I thought there was something wrong and followed him—he ran away—I pursued him as far as the Frying-pan in Brick Lane—while running he threw away some handkerchiefs—I took these from under his coat and some ties, and Patrick took two more—Patrick took him to the station—I then said to him "How do you account for these?"—he said "Well, find out"—I told him he would be charged with breaking into the shop—he said "I found the window broken and took all I could get; do you
blame me?"—there was great difficulty in taking him to the station—I did not hear the window broken.
DAVID WATSON (Policeman H 418). I heard a whistle from the last witness at the time in question—I saw the prisoner running, and chased him to the Frying-pan public-house, Brick Lane—other constables came up, and he was taken with great difficulty to the station—about a thousand of the roughest characters came out, and we had to place him in the public-house until about 30 constables were fetched to beat back the crowd.
PATRICK (Policeman H 285). I followed the prisoner.
The Prisoner. That constable struck me; he kicked me in the ribs.
The Witness. I did not kick him.
Prisoner's Defence. I plead guilty to stealing, but not to breaking the window. When the constable looked at my hands he found no blood.
GUILTY of stealing only. — Eighteen Months' Hard Labour.
Police Constables Doune, Watson, and Patrick were awarded 40s. each by the Court.
OLD COURT.—Wednesday, September 14th, 1887.
Before Mr. Grantham.
MR. RIBTON, far the prosecution, offered no evidence, the Grand Jury having thrown out the bill.
NOT GUILTY .
There were two other indictments against the prisoner, upon which no evidence was offered.
NOT GUILTY .
MR. BESLEY Prosecuted; MR. PURCELL and MR. TAYLOR Defended.
GUILTY .— Five Years' Penal Servitude each.
MR. GRIFFITHS Prosecuted.
ANN HYDE . I am the prisoner's wife—I have been staying with my mother at 3, Drayton Street, Chelsea—I am 60 years of age—I was married to the prisoner in 1851—on 3rd May last I had occasion to leave him and go to my mother; he came home drunk and kicked up a row—he is a carpenter—on 8th June I was walking in On slow Square, between 5 and 6 o'clock in the evening; I saw the prisoner walking lame—I asked him if he was tired, ho said yes—I said I would go to the railway station and get him a ticket—he said that I had gone to stay with my mother to be a concubine to my brother—I told him he ought to be ashamed of himself, and I would go home to-morrow and have the thing cleared up—he said "You shall never go home"—he then turned round
on the left side; I thought he was going to strike me, and I put up my hand to save my face, and he stabbed me on my arm and three times in the side—I ran across the road and fell down, and I remember nothing more till I was in Chelsea Infirmary—my husband was always of a jealous disposition—I could not say whether he was drunk on this night.
GEORGE BARNES (Policeman B 521). I was on duty at South Kensington Station, and in consequence of information I went to On slow Square, I saw a crowd; the prisoner was running away and the prosecutrix was lying on her back on the ground, insensible—I took the prisoner—he said "I have stabbed my wife, it is her fault; I am sorry for it, and if she is dead I will hang for her"—at the station he was charged, he said "I stabbed her, I hope she won't die; it is her fault and her friends'"—he repeated that several times—I asked him what he stabbed her with—lie said "I shan't tell you"—I searched him at the station, and found this long-bladed knife in his pocket; it had blood on it—I took the prosecutrix to the station in a cab and sent for a doctor, who put some plaister on the wounds and then sent her to the Chelsea Infirmary—the prisoner was drunk, but sensibly drunk; he seemed to know what he was doing.
SAMUEL CLIFT . I am assistant-surgeon at Chelsea Infirmary—the prosecutrix was brought there on 8th June in a fainting condition—she had three wounds on the left side of her body, the largest was a deep wound, and was bleeding freely; that was a dangerous wound, it penetrated the lungs.
Prisoners Defence. I was drunk at the time, I know nothing about the matter.
GUILTY on Second Count. — Twelve Months' Hard Labour.
MR. WILKINSON Prosecuted.
DINAH ISAACS . I am the wife of Samuel Isaacs, of 19, St. Mark's Road, Notting Hill—on the morning of 25th August I saw a light in the slit of the letter-box; a large piece of paper was folded up and blazing—I opened the door, and saw the two prisoners outside—I said to Blenden "Oh, you rascal, you might have had my place on fire"—with that he ran away—I did not see what Warren did, I merely saw him run away after Blenden.
SAMUEL ISAACS . I am the husband of the last witness—I was called to the shop on the morning of the 25th—I saw the letterbox alight—I ran out and caught Blenden, Warren ran away; there were no other boys outside—Blenden said he did not do it, the little one did it.
FRANCIS FULLER (Policeman X 252). Mr. Isaacs gave Blenden into my custody—I told him I should take him into custody for attempting to set fire to the house—he said "I lit the paper and gave it to the boy Warren and he put it in the hole—I afterwards went to Warren's address—I told him the charge—he made no reply.
FANCHETTE ROUS . On the morning of 25th August I saw the two prisoners—Blenden had a lighted paper in his hand, he passed it to Warren, who went towards the door with it—I did not see what he did with it.
GUILTY .— Four Days' Imprisonment and to be Whipped.
NEW COURT.—Wednesday, September 14th, 1887.
Before Mr. Recorder.
879. WILLIAM THOMAS ELGIE (25) PLEADED GUILTY to unlawfully obtaining goods from Messrs. Pawson and Co. by false pretences; also to unlawfully incurring a debt and liability.— Four Months' Hard labour.
880. HENRY DEACON (19) to stealing 10s. 6d., the money of Peter Richard Bates, after a conviction of felony at Clerkenwell in December, 1881, in the name of Henry Thomas.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour.
882. FREDERICK NEVILLE(19) to stealing a purse and 6 1/4 d., the money of Robert Collins, from the person of Catherine Collins, after a conviction at Clerkenwell in March, 1886, in the name of George Perry.— [Pleaded guilty. See original trial image.] Fifteen Months' Hard Labour.
884. WILLIAM WILSON (24) to three indictments for stealing three bicycles, and also to obtaining three bicycles by false pretences.— [Pleaded guilty. See original trial image.] Three Months' Hard Labour.
885. ALFRED CLARK (22) and HENRY CLARK(20) to burglary in the dwelling-house of Alfred Maston, and stealing two pairs of boots, a flute, and other articles, his property; also to burglary in the dwelling-house of Frederick George Atwood, and stealing three shirts and an apron, his property; also to a burglary in the dwelling-house of Louisa St. Pier, and stealing a counter-pane, her property, Henry Clark having been convicted at this Court in November, 1885, in the name of Henry Collins.— [Pleaded guilty. See original trial image.] Eighteen Months, Hard Labour each.
886. WILLIAM SAUNDERS (18) to burglary in the dwelling-house of John Bishop Hooper, and stealing two candlesticks, a pair of boots, and other articles, after a conviction at Clerkenwell in 1881 in the name of Reginald Palmer.— [Pleaded guilty. See original trial image.] Fifteen Months' Hard Labour.
887. ROBERT MORTIMER (25) to burglariously breaking and entering the dwelling-house of William Hewitt Turner, with intent to steal, after a conviction at Clerkenwell in April, 1884.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour.
889. ARTHUR EATON (17) to unlawfully obtaining a dressing-case and other articles from Philips Curnoll, 1l. 2s. in money from Thomas William Jenkins, 1l. 2s. from Ernest White, and other articles from other persons, with intent to defraud.— [Pleaded guilty. See original trial image.] Four Months' Hard Labour.
TAYLOR PLEADED GUILTY .
MR. POYNTER Prosecuted; MR. HUTTON Defended.
HENRY HAM (Policeman Y 490). On August 5th I was on duty in uniform, in St. George's Avenue, Islington; the numbers there are even on one side and odd on the other—I passed No. 56 about 5 o'clock, the inhabitants of which were away in the country—the front door was fastened—I went through the next house to the rear of No. 58, and saw the two prisoners and another man leaving No. 56 by the back door—they came out two or three yards, saw me, and ran back into the house,
closed the back door, and bolted it—I returned to the front, and saw Uden and the man not in custody, run out at the front garden gate and run away—I found marks on the front door corresponding with a jemmy which I saw Taylor throw away—on 7th September I picked Uden out from seven or eight others at the police-station—another man was arrested, but I did not know him.
Cross-examined. The men he was put with were not all navvies—I chased Taylor about 40 yards, and caught him in the second garden.
GEORGE WILLIAMS (Policeman Y 100). On September 7th, about 3 a.m., from information I received I went to 1, James Street, Holloway, and found Uden in bed—I said I should take him in custody on suspicion of being concerned with Taylor in breaking into a place in Tufnell Park last month—he said "I don't know Taylor"—I took him to the station, placed him with others, and the constable identified him—he made no reply to the charge.
HELEN FIEF . I am the wife of Thomas Fief, of 31, St. George's Avenue—on August 5th, about a quarter past 5 a.m., I was in my bed-room, looking out at the window, which is almost opposite No. 56, and saw three men come out at the door; Uden was one of them to the best of my belief—I picked him out at the police-station last Wednesday from a number of others.
Cross-examined. When I went in I looked down the row and said "I don't seem to know any of them"—there were about eight men—I was asked to look again, and then I said "I think that looks looks like the man"—I cannot swear to him now.
HAMPTON JOHN AUBREY . I live at 17, Campdale Road, Tufnell Park—No. 56 is my mother's house; she was away, and no one was left in the house—I saw it safe on August 1st, and on August 5th I was called to the house and found the drawing-room door very badly broken about, but not forced—my mother's bedroom had been forced open, and there was not a box or drawer left sound—I missed property value 8l., none of which has been recovered.
JAMES FREDERICK PRIDHAM . I am a tea-broker—I am son-in-law to Mrs. Aubrey, and live next door to the last witness—I was in the house on Thursday evening, August 4th, but did not go all over it—the front door was all right; I closed it as I went out—I let myself in with a latchkey which Mrs. Aubrey left with me.
By the JURY. St. George's Road is about 80 or 90 feet wide from house to house—there are gardens in front of the houses.
Witnesses for the Defence.
ANN GALLEY . I lodge in Uden's house, and sleep in the parlour—when the front room is not let he sleeps there, and sometimes upstairs—he goes out between 8 and 9 o'clock—on the night of Bank Holiday I slept in the front parlour—Uden came into the parlour to have breakfast every morning between 8 and 9 o'clock, and if he had gone out that morning before that I should have heard him, as he could not go out without my hearing him.
Cross-examined. He is a billiard marker—he was at home the best part of the day on Bank holiday—I am a servant out of place, and his wife took me in the week before Bank holiday, because I had nowhere to go—I had been out of place since January—I was convicted five years ago, and sent to prison for nine months—Uden is no relation of mine—I was
once servant to his wife, and left because she was convicted of keeping a disorderly house.
Cross-examined. I have been convicted before and got 20 months, which I served—I do not know the two men who were with me, I met them the night before, and this was arranged between us—I did not meet them in James Street, Holloway, I do not know where it is—I have only been convicted once—I never saw Uden till to-day.
UDEN— NOT GUILTY .
TAYLOR— Eighteen Month' Hard Labour.
MR. RIBTON Prosecuted; MR. GRAY appeared for Allen, and MR. WARBURTON for Stamp.
WALTER PLUMMER . I am a baker, of Islington—I have known Allen about three years, he worked near me in the Cattle Market—I was on speaking terms with him—on July 6th, about 10.20 p.m., I left the Lamb public-house, and Allen, and a man who I had never seen before, came up and bustled me, and I said to my friend," Bill, these two men want to kick up a disturbance with me, what for God knows, I don't"—he said, "You run," and I received a blow on my head, and when I came to my senses I missed my watch and a half-crown—Stamp is the other man, I saw him on the Monday following in custody, and am certain he is one of the men—I picked him out from a group at the police-station—I saw Allen on the Sunday night when he was taken—he struck me before I received the blow from behind—I cannot tell which of them did that, they were both following me.
Cross-examined by MR. GRAY. Allen works in a slaughter-house—I had been about three-quarters of an hour in the public-house—I only had three glasses of ale—Allen was there but was not in the same compartment all the time—a raffle was going on for a watch—we did not drink together—I had no dispute with any one—there were 16 or 17 persons in the compartment, but only one with me—I ran about 150 yards before I was knocked down—I did not spend the whole evening at the Lamb—this is a very rough neighbourhood—I am a journeyman baker—I did not speak to Stamp in the public-house—Dr. White, the divisional surgeon, visited me five or six times—I was laid up three weeks—I have two scars, and my thumb was put out.
WILLIAM FOWLER . I am a horse-keeper, of 13, Fakeman Street—I was with Mr. Plummer in the Lamb on 16th July—the two prisoners ran after him from the Lamb and hustled him—I went to assist him—this was 10 or 12 yards from the kerb, in the middle of the road—I told Allen to tome along: with me and not kick up a row, and I said to the two prisoners, "Why don't you leave him alone?"—I told Plummer to run away, and caught hold of Allen's coat to keep him from running after him—he was coming in with me, but Stamp said, "Go for him!" and they both went after him, and I saw no more till Plummer was brought back, with blood and mud all over his face and nose.
Cross-examined by MR. GRAY. I was having a glass of ale, and they
rose a dispute with him at the door, and I followed them, and tried to make peace between them—I do not know from what cause this arose—the prosecutor never interfered with them—he was not drunk.
Cross-examined by MR. WARBURTON. I work for the same firm as Plummer, and have known him 12 years—I saw no blows struck—I am the person he called out to as Bill.
JAMES CLARKE (Policeman Y 456). On 17th July I was near the Cattle Market looking for Allen—I saw him, went up to him, and said, "I shall take you in custody for being concerned with another man not in "custody in stealing a watch and 2s. 6d., the property of Mr. Plummer"—he said, "All right, I will go with you; I hit him, and he fell down, but I did not have the watch"—I took him to the station—he was placed with seven or eight others, and the prosecutor and his brother identified him—on the 18th I saw Stamp in the Cattle Market—he ran away; I gave chase and took him, and said that it was for being concerned with Thomas Allen in an assault—he said, "You won't b—y well find the watch"—he was identified at the station—Dr. White, the divisional surgeon, was sent for.
Cross-examined by MR. GRAY. Allen was in the Cattle Market on the Sunday, close to where he works—his employer is willing to take him back.
Cross-examined by MR. WARBUBTON. Stamp has been in Mr. Usher's employ and also in Carter's, they both speak very satisfactorily of him indeed—this is a very rough neighbourhood.
GUILTY .— Six Months' Hard Labour each.
MR. LOWE Prosecuted; MR. GEOGHEGAN Defended.
The prosecutor stated that he believed the prisoner's pistol exploded by accident, and that he did not want the Bill to go before the Grand Jury. He received a good character, and his father stated that he carried the revolver when bicycle riding at night.
NOT GUILTY .
THIRD COURT.—Wednesday, September 14th, 1887.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
ALBERT DAWSON . I keep a tobacconist's shop at 44, Aldenham Street, St. Pancras—at half-past 10 on Saturday night the prisoner came in for a twopenny cigar—he gave me a good shilling and I gave him a sixpence and fourpence change—he remained a little while in my shop and had some conversation with me and left—about a quarter of an hour or 20 minutes after he came back and asked for another twopenny cigar and tendered a spurious half-crown—I tried it on a piece of slate and told him it was bad, and asked the prisoner where he got it from—he said from the Star public-house—I handed it back to him and said I knew Mr. Etherington, the proprietor of the Star, and that he had better take it to him, and "if he recognises you as a customer he will give you a good coin in place of this possibly, if he imagines he gave you this. If you tender it again it is very possible you will get into trouble before the evening is
out"—he said "Thank you, sir, I know very well, as a little tradesman, if I take a bad coin like that it means a day's profit taken away from me"—and he said he was very pleased to have it back—when he left instead of turning to the left to go to the Star he went to the right—that aroused my suspicion and I followed him, keeping him in sight—he went to the Summer's Arms, within 100 yards of my shop—while following him I met Sergeant cobb and pointed the prisoner out to him—I saw him go into and leave the public-house—he then went up Stebbington Street and into a grocer's and general shop—this is the coin he tendered to me.
Cross-examined by the Prisoner. There was a tooth mark on the rim of the coin; I did not show it to you.
WILLIAM DUNNING . I keep a grocery and general shop at 24, Wellington Street, St. Pancras, about a minute's walk from the last witness—on 3rd September, about half-past 11 or a quarter to 12, the prisoner came in for two ounces of Dutch cheese—I told him I did not keep cheese—he said "You keep candles"—I said "I do"—he said "I will have two penny candles"—I served him, he put a half crown down—I looked at it and said it was a very bad one; he said "Is it?"—I said "Yes, it is"—he said, "Well, I am on a visit to a sister of mine, and she told me to run in and get these little articles"—I gave him the half-crown and told him to take it back and tell his sister it was bad—he left, and a minute or two after Sergeant Cobb came in—I cannot swear if this is the coin—I did not notice a nick on it—it had a greasy feel and was light—he did not offer me good money to pay for the candles, he left them on the counter.
HENRY SCHAFFER . I keep a general shop at 63, Stebbington Street, St. Pancras—between 11 and 12 o'clock on the night of 3rd September the prisoner came in for a penny candle—I served him, he put down half-a-crown on the counter; I took it up and sounded it, while doing so the prisoner asked for another penny candle—while reaching for the second candle, which was behind me, I put the half-crown in my mouth; it felt gritty and my teeth sank in it, it was a bad one—at the moment I was giving the half-crown back to the prisoner the sergeant rushed in and took it—I think this is the same one—the prisoner was taken into custody.
FREDERICK COBB (Police Sergeant Y). On Saturday night, 3rd September, I was on duty near the Lord Summers public-house, in plain clothes—Mr. Dawson came up and spoke to me and pointed out the prisoner, who was leaving the public-house—I followed him down Stebbington Street and to the bottom of Wellington Street—he would pass Mr. Schaffer's shop in going through Stebbington Street—he went into Mr. Dunning's shop—when he came out I went and spoke to Mr. Dunning and then followed the prisoner again—he went into Mr. Schaffer's shop—I went in and said "What money have you taken, Mr. Schaffer?"—he said "He has given me a bad half-crown—Schaffer was about to give him the half-crown but I made a grab and got it—this is the half-crown—I said to the prisoner "I am a police sergeant, and shall take you into custody for attempting to utter a counterfeit half-crown"—he said "All right, don't handle me"—I took him into custody—I searched him and found 1s. in silver and 6 1/2 d. in bronze, good money, a latch key, and a knife—on the way to the station he said he got it in a betting transaction
at the Star public-house—he said "I don't know who gave it to me"—I said "You ought to know where you got it from, certainly"—the Star public-house is opposite the station—when asked his address he said he had none.
The prisoner in his defence stated that he went back to Dunning's because it was raining; that he was not used to handling money, and thought it was a good coin; that after it was returned to him he thought it was good, and he showed it to friends who thought it was goody and that he therefore tried it again.
GUILTY *.— Ten Months' Hard Labour.
MR. WILKINSON Prosecuted.
ELIZABETH BASTARD . I am the wife of Walter Bastard, who keeps a tobacconist's shop at 3, The Parade, Acton Vale—on 4th August, about 10 a.m., the prisoner came in for a half-ounce of tobacco, price 2d.—he gave me a half-crown, and at the same time he asked for some cigarette papers—I asked him where he got it from, and told him that it was a bad one—I did not try it in any way—he paid "Where did I get it from indeed?"—I told him it was bad, and that I should give him into custody—he opened the door and ran away—I went outside the door, and saw the prisoner running and just turning the corner to go down Larder Road, about 50 yards from my door—I saw constable Light, and made a statement to him, and showed him the coin—he afterwards brought back the prisoner to my shop; I gave him into custody—I gave this half-crown to the constable; there is a mark on it by which I recognise it.
Cross-examined. You did not say you were very sorry, and would give me a good coin.
THOMAS KNIGHT (Policeman T 430). On 9th August I was on duty in the Parade, Acton Vale, when Mrs. Bastard spoke to me just outside her shop, and I ran after the prisoner, who was running down the Larder Road—when I was within 50 yards of him the prisoner stopped—I went up and told him he would have to come with me—the prisoner said "I knew it was bad; I did not intend to be the loser of it; I took it at Drakes and Jones, Edgware Road, on Saturday night in change of half-a-sovereign"—I took the prisoner back to the prosecutrix's shop, where she gave him into custody and handed me this coin—I searched the prisoner in the shop, and found on him a half-crown, four shillings, a sixpence, and a halfpenny, good money, a tobacco-box, and small pocket-book—the prisoner gave a correct address, 10, Edgware Place; he had only lived there a short time—when the charge was read to him he said it was quite true what I had said.
The prisoner in his defence said he suspected the coin to he bad, and thought it was the best way to prove it, and ran out of the shop because he feared being locked up.
NOT GUILTY .
MR. H. AVORY and MR. BODKIN Prosecuted.
half a pound of beef steak—she said "He always sends me out just at the last moment; don't cut me more than half a pound, or I shall get into a bother that way"—she said "What a sad affair, Whiteley's fire?"—I said "Yes;" I gave her the steak, which came to 6d.—she gave me a florin; I gave her 1s. 6d. change, and she left the shop—as soon as she was gone I rubbed, found it was bad, and went after the prisoner, and said to her outside "This two-shilling piece is bad"—she said "My mistress gave it to me"—I said "Where do you live?"—she said "19 round the corner"—I said "What is the name of the street?"—she said "I don't know"—I said "You must come back to the shop with me"—on coming back to the shop she said "A female gave it to me across the road"—I did not ask her about the female—I had sent for a constable in the meantime—Jefferson came, and then I afterwards went to the station and charged her—I gave the florin up at the station; this is it.
Cross-examined by Manyon. You were not excited when I told you it was bad; you appeared to know; you watched for me coming after you; you kept looking round—you did not say you were very sorry, that you did not know it was bad—you said "If you will give it to me I will take it back to the person who gave it to me; she is standing just across the road"—that was just before the constable came—you said you had never had any bad money before in your life—you said at the station you were poor, but honest.
DANIEL JEFFERSON (Policeman F 587). About half-past 9 on the night of 10th August I was called to Mr. Garnett's shop to take Manyon into custody—she said "The coin was given to me by a young woman"—I said "What young woman?"—she said "She is just over the way"—I went across the road, but did not find her—the prisoner did not point anybody out there—I took her to the station, where she made a statement, which the inspector took down—she said she came by bus to Kilburn from Holloway with two other people, a man and woman—she said the woman got the coin to get some steak—she gave a description of a man similar to George Emmett—she said the man had been in their company that evening, and that the man and woman were with her when she went to get the steak; she said the man was with them there, but he walked away—she said at first she did not know their names, nor who they were—later, as she was going to the cells after being charged, she said they lived at 3, Queen Street, Waterloo Road, and that they were the Emmett's, and that they lived in the next room to her on the same floor—later on the two other prisoners, Mr. and Mrs. Emmett, were brought to the station—Manyon in their presence made a statement, which was taken down in writing.
Cross-examined by Manyon. You said you did not know it was a bad two-shilling piece, and on the way to the station you said you were as innocent as a child, and that it was very hard, never having been in such a case before.
THOMAS GLOVER (Police Inspector S). I was in charge of the West Hampstead Police-station on the night of 10th August, when Manyon was brought in by Jefferson—from what I was told I sent Sergeant Welham to 3, Queen's Place, Lambeth, the address given by Manyon—about a quarter to 3 a.m. he brought back George and Rose Emmett—in their presence Manyon made this statement, which I took down, and which she afterwards signed: "About 10 minutes before I was apprehended
Mr. and Mrs. Emmett, now present, and myself were together in the road nearly opposite the butcher's shop."(Manyon here interposed, "I was never in anything like this before.")"A two-shilling piece was given to me by Mrs. Emmett to purchase half a pound of steak—Mr. Emmett left us about 10 minutes before the coin was given me by Mrs. Emmett. When I procured the steak I was crossing the road to Mr. and Mrs. Emmett, who stood on the opposite side, to give them the steak and the change, when the butcher tapped me on the shoulder and told me it was a bad two-shilling piece. I told him I did not know anything about it, as it was given me to purchase the steak." The Emmetts were then charged—in reply to that statement the Emmetts both said they were not there—Rose Emmett afterwards said "Emmett left us a short time previously by ourselves, that we might go round the corner for a certain purpose"—they were then charged—Manyon said "Both Emmetts were over the way when I went in for the meat; when I procured the meat I was crossing the road towards them, when the butcher tapped me on the shoulder. I turned round, and they went away."
Cross-examined by George Emmett. When you were first confronted with Manyon at the station she said you were not the man—I said "If he has lived in the next room to you you ought to be able to say whether he is the man or not"—she said "I have never seen him; I have heard him go up and downstairs."
EDGAR WELHAM (Police Sergeant S). On 11th August, about 1 a.m., I went to 3, Queen Street, Lambeth, where I saw the two Emmetts in the first floor back room—I said I was a police officer, and should take them into custody for being concerned in uttering a bad two-shilling piece at the High Road, Kilburn, with a woman named Mrs. Manyon—they both replied "We have not been to Kilburn; we have only just come in from the public-house"—I searched the male prisoner and found 2s. 9 1/2 d. in bronze, four florins, 21 shillings,. 19 sixpences, and three three-penny pieces, good money, loose in his trousers pocket—I searched Manyon's room; I found nothing there—she is a married woman, living there with her husband—Rose Emmett gave me a purse in which were a good half-crown and some coppers—at the station she was handed over to the female searcher—she told me the two-shilling piece was given to her by a Mrs. Emmett; she had been out with them all that afternoon; they lived in the same house as she did, and if I went to 3, Queen's Street, I should find they were living in the opposite room—that was before I started to Queen Street.
ANN DOOLEY . I live at 3, Queen Street, Webber Street, Waterloo Road, and am the wife of Thomas Dooley, a glass and sign writer—I know the three prisoners—the Emmetts occupied the back room on the first floor, and Manyon the back room on the same floor, while I have the front room on the same floor; we are all on the same landing—I cannot say how long the Emmetts have been there—on 15th July Rose Emmett showed me five bad half-crowns—one was in her hand, and the others in her bosom wrapped up in tissue paper, and I think separately; my husband was there; George Emmett was not there—I looked at the one and said if she had given it to me I should have taken it for a good one—she said it was bad, and that that was how she got her living, by passing bad money—later in the same day, between 4 and 5 o'clock, I was in the Pear Tree public-house at the corner of Cornwall Road, near
the house, with the prisoners—Manyon left and went home, and Mr. and Mrs. Emmett stopped—when Mrs. Emmett first came in she and her husband had a few words, and she struck her husband with her fist, and said "This is how you serve me after passing bad money"—no one else was was within earshot—they were put out of the public-house, and then Mrs. Emmett took the money from her bosom and threw it at her husband; it was wrapped in the tissue paper that I had seen it in before—she said "This is how you serve me after passing bad money"—she said that outside the public-house—she told me she had it rubbed in her purse ready to use—I made a mistake at the Court below when I said she said "This is how you serve me after getting your living"—she struck him in the public-house first, and outside afterwards, but she did not use that expression inside the public-house—I saw Mr. Emmett and Manyon together at the public-house just before I and Mrs. Emmett reached there.
Cross-examined by Manyon. You said to me on that day before I went to the public-house "I will go across and see Mr. Emmett"—a very tall gentleman went to the house to ask Mrs. Emmett to come out to her husband—I cannot say whether she came out—the Emmetts live there as husband and wife—I did not see you go back with Mr. Emmett—Mrs. Emmett came back by herself—you were out with Mrs. Emmett in the morning.
Cross-examined by Rose Emmett. You showed me these things in the morning between 10 and 11—you were the worse for drink—George Emmett was not there at the time; he was away from you from the Thursday, I think, to the Sunday at dinner-time.
WILLIAM DOOLEY . I live at 3, Queen Street, Waterloo Road, and am a glass and sign writer—on Saturday, 30th July, I was in my room with my wife—between 10 and 11 Mrs. Emmett came in and put on the table a half-crown, which I heard was bad—I did not examine it myself—I bumped it on the table and said "I should have thought it was very good, I should have taken it for a good one"—Mrs. Emmett said that was the way she got her living—she was at the back of me—I saw her through a glass, put her hand up and pull out a packet of four coins from somewhere under her jacket—they were wrapped in paper with paper between them—she went out of the room—she had been drinking—later in the day, between 8 and 9, I walked downstairs and met Mrs. Emmett—I went to the Halfway House in Weather Street—Mrs. Emmett came in, and my wife followed in, and I called for some beer—we were talking about the row she had had with her husband previous to that in the Pear Tree—she said she had thrown five half-crowns at him, and had struck her husband—she said she refused to have any more to do with them, she had had quite enough to do with him ever since she had known him—she said to me "You might have had some of them"—I said nothing—she said she had lost five, she bought them in loads and half loads—I asked her the price; she said it was 3d. or 3 1/2 d., it was 5s. a load, that was 20—I had not seen her husband that day—it appeared they had been together in the Pear Tree.
Cross-examined by George Emmett. You were not present when she showed the coins, nor when they were spoken about—I never saw you with any bad coin—you never spoke about them.
Mrs. Manyon—they live together as man and wife—the Emmetts came to the house on 4th July, and occupied a back room, first floor, where they lived together as husband and wife—on 30th July Manyon came downstairs in the morning and said to me "Do you know what sort of lodgers you have got in your house?"—I said "I am aware what sort of lodgers I have got in my house"—she said "They get their living by passing bad money"—I said I could hardly believe it was true—the day after Rose Emmett came in the house she said her husband was on the racecourse—Manyon's room was opposite that of the Emmette', and she made a dress for Mrs. Emmett, and got very intimate with her; they used to go into each other's rooms—I believe Manyon is a dressmaker.
Cross-examined by Mannion. You told me to use my own discretion whether I told the Emmetts what you told me—I did not know what you meant.
Cross-examined by George Emmett. you left your wife on Thursday and came back on Sunday at dinner-time, the day you were arrested—it was on the Saturday the coins were shown.
Cross-examined by Rose Emmett. You were the worse for drink on Saturday—I do not remember Manyon telling me that you came home drunk on Friday night, and that she found the coins in your bosom when she undressed you.
The Prisoners' Statements before the Magistrate. Manyon says: "I asked Mrs. Emmett to lend me. 6d. She gave me a two-shilling piece to get some steak with, and said she would give me the 6d. when I went back to her. I purchased the steak. I did not know the 2s. was bad." Rose Emmett says: "On the Thursday that this man left me I had not any money or anything in the place. I went out in the street to see if I could get any money, and a gentleman gave me five half-crowns and a shilling; he gave me several drinks. I did not know that any of the money was bad. I asked Mr. and Mrs. Dooney their opinion of them; as soon as I found they were bad I threw them away."
Manyon in her defence stated that she had told many untruths when first charged because of her confusion; that Mrs. Emmett had given her the florin, and that she did not know it was bad.
George Emmett said he was away from his wife on the Saturday that the coin was uttered, and that no counterfeit coin had been seen in his possession. Rose Emmett said that five half-crowns and a shilling were given her by a gentleman, and that she was drunk and did not know whether they were good or bad, and had forgotten all about them till Manyon said she had found them on her when she undressed her on Friday night, and that she then threw them away, after asking Mr. and Mrs. Dooney's opinion about them.
GUILTY . The Jury recommended Manyon to mercy, as they thought she had acted under the influence of the other prisoners — Nine Days' Imprisonment. GEORGE EMMETT**— Twelve Months' Hard Labour, with Ten Days' Solitary Confinement in the last month ROSE EMMETT— Six Months' Hard Labour.
LAWLER PLEADED GUILTY .
MR. HORACE AVORY Prosecuted.
FREDERICK HAGGLESTONE . I am a labourer—about 5.30 on Saturday evening, 27th August, I passed the three prisoners in the Haymarket, and as I did so one of them said "They nearly rumbled me"—that means "They nearly found me out"—I followed them—Howell and Hancock crossed the road, and Lawler walked up on the right-hand side—I asked him for a match; he gave me one, and I lit my pipe, and still followed them—the three joined again just adjoining Glasshouse Street—I spoke to Simpkins, 77 C; he accompanied me—the prisoners went towards Brewer Street, and one of them (I could not say which, as I was round the corner) went into the post-office there—that was the last I saw of them—I told the constable, and he apprehended them—when one went into the post-office the others walked along to the corner of Brewer Street.
Cross-examined by Howell. The day you were apprehended was the Saturday of the demonstration in Trafalgar Square—I was quite sober when I went to the police-station on the Saturday night—I had been at work the same day—I don't remember saying at the police-office that some one else, not Lawler, went into the post-office—the policeman told me to keep back—I could not get close to you because of the 'busses crossing along Glasshouse Street—I had a black eye on the Monday when I was at the police-court; perhaps some of your confederates did it—I have never been in prison—I was working for Wetherall, Lee, and Martin, decorators, of Mayfair, on this day—we left off work at 1 o'clock, and I was going to the demonstration—I followed you 20 or 30 yards.
Cross-examined by Hancock. I am positive I saw you with the other two prisoners in Brewer Street.
Re-examined. I first saw Hancock talking to the other prisoners in the middle of the Haymarket on the right-hand side coming up towards Glasshouse Street.
JAMES SIMPKINS (Policeman C 77). On Saturday evening, 27th August, I received information from Hagglestone, and in consequence I followed the three prisoners, whom I first saw in Sherwood Street talking together—they walked about half way up Sherwood Street to opposite Denman Street—Howell crossed the street and walked up on one side of the street, and the other two prisoners on the other—they joined at the corner of Brewer and Sherwood Streets—they turned the corner, and I lost sight of them for two or three minutes, and when I got to the corner of Brewer Street and Sherwood Street I saw the three prisoners standing at the corner of Air Street—Hancock and Lawler left Howell and went to the corner of Warwick Street—I passed Howell while he was looking into a shop—he went up the steps of the post office, 32, Brewer Street—I could not say whether he went in or not—as soon as he came out I went in and made a communication—neither of the other prisoners went into the public-house—I came out and followed the throe prisoners again—Howell had joined Hancock and Lawler at the corner of Warwick Street—Lawler had been in my sight up till then, except for two or three minutes, when I lost sight of him—I followed them half way up Warwick Street to the corner of Regent's Place—I then sent Hagglestone
to follow them up Warwick Street to get assistance, and I ran round into Regent Street and met a soldier—I asked him to assist me in taking three men into custody—he came with me, and I saw all three prisoners together at the corner of Chapel Place, Regent Street, where I took Howell and Hancock into custody, and pointed Lawler out to the other constable, who took him into custody—I said I should take them for passing bad money—Hancock said "I think you have made a mistake"—Howell said nothing—all three were taken to the station, where I searched Lawler and found on him nine florins and three half-crowns all bad—he put them into his right hand, and said they were bad—the three half-crowns were wrapped in one piece of paper, eight florins together in another piece, and one florin in another piece—I also found two half-crowns, two florins, one shilling, and three sixpences, and tenpence good money—I found one shilling and three half-pence good money on Hancock, and nothing on Howell—Hancock gave a correct address and Howell an address at a common lodging-house.
Cross-examined by Howell. Sherwood Street is just at the end of Glass-house Street—the post-office there is at a news agent's; they have periodicals and newspapers in the window—you were not looking in that shop; you were looking into the harness-maker's, two doors off—you were by yourself then.
ADA COCKMAN . I live at 32, Brewer Street, and am post-office clerk there—on 27th August, between 5 and 6 o'clock, Lawler came in for some stamps, and gave me a two-shilling piece and a shilling—I bent the two-shilling piece in a tester, saw it was bad, and gave it back to him—he returned the stamps, and then left the shop—I afterwards picked the prisoner out at the station—I am quite sure the coin was bad—I have not seen it again.
Cross-examined by Howell. It is a news-agent's I am employed at—I saw nothing of the other prisoners.
WILLIAM ROGERS (Policeman C 89). I assisted in taking Lawler into custody at Simpkins's request—he said nothing in the other prisoners' presence—I had previously seen the three walking together in Regent Street.
Cross-examined by Hancock. Lawler was not going across the road when I apprehended him; he was about a yard behind you.
Cross-examined by Howell. You two were apprehended before I apprehended Lawler—Simpkins pointed him out to me.
The Prisoners' Statements before, the Magisrate. Howell says: "I am innocent. I know nothing of this man Lawler." Hancock says: "I don't know these two men. I got off a 'bus at Piccadilly from Fulham Road. I met this man Howell in Regent Street, and asked him the nearest way to Portland station. I walked a little distance, and the policeman came and took me."
Howell in his defence said that Hancock asked the way to Portland Road Station, and that he walked a few yards to show him.
Hancock repeated the statement he had made before the Magistrate.
GUILTY .—HOWELL**,LAWLER**, HANCOCK**— Five Years' Penal Servitude each.
OLD COURT.—Thursday, September 15th, 1887.
Before Mr. Justice Grantham.
MESSRS. MEAD and GILL Prosecuted.
JOSEPH SOUTH . I am a contractor of 106, Upper Fore Street, Edmonton—about 6.30 p.m. on 1st August I was standing at my door and saw the deceased and prisoner speaking together—the prisoner closed his hand to strike Hall, who was standing with his back to me with his hands down—I then saw the prisoner put his hands down, and then about a minute afterwards I saw him repeat the same attitude and strike the deceased, as it seemed to me, in the lower part of the face, and he fell into the road with his arms spread out, and his head struck the ground; and he never moved after that—he had never moved his hand in any way—the prisoner made off, and I went across the road and told him he must not go away as he had killed a man—he said "What is it to do with you?"or "Why have you to interfere with it? and if you have anything to say I shall serve you the same"—he then proceeded to walk away, and I told him he must not go, as I should follow him—he turned into Church Road and I followed him; he then turned round and came within a pace of me with his fist closed to strike me; a lot of people were congregated there, and some one cried "Run, Tom"—he then buttoned up his coat and said "If you want me you will have to run after me"—I said "No, I shall not, because I know you"—I then went and helped to get the deceased to the hospital.
Cross-examined by the Prisoner. You ran across the brickfield into White Hart Lane—no one came on to you, you were perfectly alone—I never went across and said "You scoundrel, I will choke you."
ADOLPHUS POTTS . I am a basket-maker, living at Edmonton—I was sitting at my window between 6 and 7 o'clock on Bank holiday and saw the deceased, and the prisoner standing in front of him; Hall was in the road with one foot on the kerb and the other in the roadway, and they were having some altercation—I did not hear exactly what was said, but the prisoner said something of a threatening character, and I heard the deceased say, "Hit me," or "Don't hit me," or something of that sort—the prisoner then made a feint, or attempted to strike the deceased, and then in quick succession struck him two blows, one with each fist, about the head, and the deceased threw his arms open and fell backwards—I went down, and saw the blood gushing from his right ear—the prisoner walked away first, and then quickened his pace—I said, "He must not go away," and I went after him, along with Mr. South—I said, "The man is seriously hurt," and asked him to come back—he said he would not—I said, "You must," and he said something about "You won't hold me"—he also said he would serve us the same, but I don't know whether it was said to Mr. South or myself, as we were together.
Cross-examined. The deceased did not raise his hands in a position to make a blow.
WALTER JEFFRIES . I live at Linton Cottages, Edmonton, and am a labourer—on this night I saw the prisoner and the deceased in the street, and heard Bullen say, "What are you going to do?"and saw him put
his fists up and strike at the deceased but he missed him—the deceased said, "Don't do it;" the prisoner then struck him again, and he fell on the ground, and his head exploded like a gun.
Cross-examined. I did not see Hall strike you—I did not say "Go on, Erny, hit him"—you did not run away till you got into White Hart Lane.
Cross-examined. I saw you and Hall talking together, and I saw you put your hands up—I did not say, "Go on, Ernest, hit him!"—I did not see you run away.
ANNIE CLARE (Examined by the Prisoner). When you came to the house I was lying by the aide of my husband—beer was offered you—my husband got up off the floor and made out of the house and I followed him—you came back with your nose bleeding, and I offered you my handkerchief to wipe it—you and Ernest Hall were always friendly together, but what occurred outside the house I cannot say.
BESSIE HASTINGS (Examined by the Prisoner). When you came to the house you shook hands with me and kissed me, and Hall, when he saw me, went out—you went out, and then came back with your nose bleeding, and I said, "Who did it?"and you said, "Ernest."
ELIZABETH SMITH (Examined by the Prisoner). On 1st August I was standing about 50 yards from you, against the butcher's—I did not see Hall strike you, he stood perfectly still, but I saw you put your fists up.
JAMES FIGDEN (Policeman N 263). About haft-past 6 o'clock I was called, and saw the deceased lying on the road insensible—I sent for a doctor, and he was then taken to Tottenham Hospital; he was unconscious the whole time—about half-past 10 o'clock I took the prisoner in custody, and said, "I want you for assaulting a man"—he said, "I know you, I will go"—at the station, in answer to the charge, he said, "If a man attempted to strike you on the nose would you not have done the same?"—he did not complain of his nose bleeding.
LLOYD GRANT SMITH . I am resident medical officer at the Training Hospital at Tottenham—on 1st August the deceased was brought there unconscious, and bleeding from the right ear—he remained unconscious, and died at half-past 3 o'clock on 2nd August—I afterwards made a post-mortem examination, and found an extensive fracture of the skull—the cause of death was hemorrhage on the brain from the fracture—the fracture might have been the result of a blow or it might have been caused by a fall on the kerb or pavement, but in that case there would have been an external abrasion for such an extensive wound—it was more likely the result of a blow—the fracture was on the right side of the base of the skull, and was 12 or 18 inches long—the point of contact was more behind the ear.
The prisoner in his defence stated that the deceased hit him on the nose as he was going down the court, and offered to strike him again, and that he hit the deceased one blow and he fell down, and that he was sorry for what he had done.
GUILTY of manslaughter. — Three Months' Hard Labour.
MR. DOUGLAS Prosecuted; MR. GEOGHEGHAN Defended.
NOT GUILTY .
MR. BESLEY Prosecuted.
GEORGE GOLDSMITH . I am relieving officer of the Holborn Union—the prisoner is married—she was living at Leather Lane Buildings with her husband after the birth of her child, on 19th April—her husband was a deserter from the army, he had left her two years before to join the army; he came back and was there till 6th June—while he was there no outdoor relief was granted to the prisoner—a parish midwife was sent to her—her husband was in custody on 7th June; she told me he had assaulted her, and she handed him over in custody as a deserter—we have since given her some relief for four weeks—she had four children—she told me she was able to earn about 8s. a week—I first saw the deceased child on 30th July, that was about three weeks after the relief had stopped—in consequence of a complaint made to me by the police I went to the prisoner's place—I found the child there very dirty, very emaciated; I sent for some milk, which it took with avidity—I saw the prisoner and told her to look better after her children, she said she would—I thought the other children were in fairly good condition—the things in the room were very dirty, and there was a great quantity of vermin about—this is the doctor's certificate, it states that the child was suffering from improper food.
GEORGE EUGENE YARROW . I am a surgeon and medical officer of the City Road workhouse—the deceased child was brought there for admission on the afternoon of 1st August, it was in a very emaciated condition—its weight then was 8 pounds, it ought to have weighed 12 pounds at least—the emaciation arose from starvation; whether that was from total privation of food, or mal-administration, I could not say; the effect would be the same—I saw it every day till the 5th, it then had an attack of diarrhoea, which continued till its death—the cause of the diarrhoea was the non-assimilation of food—its appearance did not show neglect when brought to me, it had then been cleaned and washed, and had clean things on; there were no sores, there was redness of the skin, as if it had been long in wet things—I made a post-mortem examination by order of the Coroner, it revealed no disease indicating diarrhoea, or any cause for death; the appearances were such as are found in cases of starvation—there was no disease traceable.
MARY MORIARTY . My husband is caretaker of 21, Leather Lane Buildings, where the prisoner had a room—I saw her four children—she she sometimes went out to work at 5 o'clock in the morning, at other time at 10—I never saw her come home all day till half-past 12 or 1 o'clock, and she was very often drunk next morning—I have seen her the worse for liquor two or three times—she left the children all day without anything but a little bit of bread, sometimes a halfpenny or farthing's worth of milk for the baby—I have fed it myself two or three times a day—after her husband left her her father paid me the rent—I spoke to her about going to the parish for relief—she said she did not want it, she could always earn a pound a week if she looked for work.
EDWIN MEREDITH REDMAN . I was deputy medical officer of the Holborn Union—on 30th July I was called to 21, Leather Lane Buildings by the Relieving Officer—I there saw this child before it was washed—I also saw the other children; they were very pale, but rather
plump, they did not look healthy—I consider they had not been properly fed, although they had had enough to keep them alive—the deceased child appeared to have been neglected in such a way as to endanger its health, I certified so—I did not see it after it was removed—I did not see the prisoner until she was at the police-court.
ELIZABETH WATTS . I am a midwife—I attended the prisoner in her confinement on 19th April, at 21, Leather Lane Buildings—I was paid by the prisoner—she was delivered of a full-grown, fine child—I saw the prisoner for some weeks backwards and forwards—she gave it the breast at first, but the bottle when she went out to work—after her husband had been taken away as a deserter I went there several times, but was not able to find her; sometimes she was out at work—the children were invariably locked in—I saw them afterwards on the landing—I did not see the baby after the first nine days—she put it out to nurse for some weeks after her confinement.
The RECORDER considered that this evidence failed to establish a case of manslaughter.
NOT GUILTY .
There was another indictment against the prisoner for wilful neglect, and so causing the life of the said child to be endangered, upon which no evidence was offered.
NOT GUILTY .
MR. BROMBY Prosecuted.
CORNELIUS DONOVAN . I am a policeman employed in Victoria Park—about 8 o'clock on Saturday night; 3rd September, I was there on the canal bridge, it is 60 or 70 feet across, and 6 feet deep under the arch—I saw the prisoner with a child in her arms, about four months' old—she threw off her shawl and bonnet, passed me, and made a rush for the parapet of the bridge—I caught her by her frock and pulled her back—she said "Why don't you let me do it?"—she did not get on the parapet, it is about 3 feet 6 or 4 feet high—I put her in a cab and took her to Bethnal Green Station and charged her—she had been drinking, she was under the influence of hysteria then—she could speak distinctly, she appeared to understand what I said.
LUKE COPPIN (Police Constable J.R.). On Saturday evening, 3rd September, the prisoner was brought to the Bethnal Green Station by Donovan, who charged her with attempting suicide—after the charge was taken, she said she was going to do it but he would not let her—she was drunk and falling about—she got out of the cell and broke six windows—I had a great job to keep her quiet—I have since made inquiries about her; her husband has been living with another woman who has had three children by him—this child is not by her husband, he has not seen her for seven years—she is a drunken woman—she has been in prison several times for drunkenness and attempting suicide.
Prisoner's Defence. I was very drunk and do not remember anything.
GUILTY .**— Eighteen Months' Hard Labour.
NEW COURT.—Thursday, September 15th,1887.
Before Mr. Recorder.
MR. BESLEY offered no evidence.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
JOHN ROBERTSON . I live at St. Mary's Vicarage, Kilburn—on July 12th, a constable brought the prisoner to me—the church window looks into my garden, and a garden chair had been placed under it and several diamond panes were broken to draw up the ventilator cord, which was open sufficient to admit a man, and the vestry door had been attempted—on entering the church we found that three or four boxes had been broken open—a bradawl was found in my garden and the keys of the church were found at the spot where the prisoner was first seen—they were kept inside the church.
Cross-examined by the Prisoner. You said that you had simply been sleeping there and were doing no harm, and hoped I would let you off.
WILLIAM HUGHES (Policeman). On 20th July at 4 a.m. I was on duty in Abbey Road, and noticed that the church gates, which had been closed, were open—after searching some time I found the prisoner in the vicarage garden concealed in some shrubs—he said he got over there to lie down, he thought it was a Park.
DAVID WATLING . On 20th July I saw Hughes with the prisoner in custody—I called the vicar, who came down and pointed out the broken windows to him—I went into the church and found three boxes broken open, the marks on which correspond with this bradawl—there was fresh blood on the prisoner's hands; I only found one penny on him.
Prisoners Defence. I was tired and faint, having had nothing to eat for three days, and crawled over the wall thinking it was a Park, and laid down to sleep. I am innocent of breaking into the church. I had a cut on my finger, and that is where the blood came from.
GUILTY . He then PLEADED GUILTY to a conviction of a like offence in May, 1881, at St. Mary, Newington, in the name of Frederick Warner.— Twelve Months' Hard Labour.
905. HENRY WHITE (21) and ADA WHITE(20) , Unlawfully taking Ellen Catherine McNamara, a girl under the age of eighteen, out of her mother's possession, with intent that she should be carnally known by a man.
MR. MEAD and MR. GOODRICH Prosecuted; MR. HUTTON Defended.
GUILTY . The Jury strongly recommended Ada White to mercy. —HENRY WHITE— Twelve Months' Hard Labour.
ADA WHITE— Nine Months' Hard Labour.
MR. RICHARDS Prosecuted.
ROBERT RUSHBROOK . I am a surgeon, of 63, Spencer Street, Clerkenwell—on 3rd August, about a quarter to 12 p.m., I was in my study and heard a sound like a click, as of a key in the front door—I waited to be quite sure, and then crossed the hall, opened the front door, and saw the prisoner on the door step opposite the key-hole—I said "What are you doing here? What do you want?"—he gave no answer, but went off the door step—I followed and seized him—he said "What are you doing, tearing my clothes?"—I said "What were you doing on my door-step with your key?"—I called "Police," and gave him in charge, and said "I expect he has dropped a key, we must look for it," and Hayward threw the light of his lantern into the gutter and found a key.
Cross-examined by the Prisoner. I saw no key in your hand—there was a lamp in my hall and a lamp outside.
ISAAC MOORE (Policeman G 148). On 3rd August, about a quarter to 12 p.m., I heard cries of "Police!" and found the prosecutor holding the prisoner—he said "This man has been trying to get into my house with a key"—the prisoner said "He has made a mistake"—I put him back into the hall, and asked him what he had in his hands—he had them in this position—I took him to the station.
Cross-examined. I did not search you in the hall—I found nothing on you at the station—I took two characters from you, which I found correct.
THOMAS HAYWARD (Policeman G 275). The prosecutor spoke to me; I made a search with him and found this key in the gutter about 18 feet from the door—I describe it as a skeleton key, and it has been filed—I tried it to the prosecutor's door; it did not fit.
The prisoner in his statement before the Magistrate and in his defence denied that the key was ever in his possession, and stated that he had worked 16 years and a half for Messrs. Elkington, silversmiths, and had thousands of pounds' worth of property passing through his hands daily.
THIRD COURT.—Thursday, September 15th, 1887.
Before Mr. Common Serjeant.
MR. STRONG Prosecuted.
TEPHEN BARKER (Policeman E 157). On 31st July, Sunday morning, I was on my beat in St. Martin's Lane at 530 a.m.—the only other person about was another policeman on the other side—I saw the prisoner come out of the Green Man and French Horn—he crossed the road—I asked the other policeman to bring him back, as I thought something was wrong—when he came back I said "What are you doing here? are you the landlord?"—he said "Perhaps I am the landlord; call up Mrs. Burton, she will tell you who I am"—I called her up and asked her in his presence if she knew the man—she said she knew him as a customer—I asked her if he had any right there at that hour of the morning—she said "Oh, dear, no; certainly not"—I asked her if she had missed anything—she said at first she had not; afterwards she said there was a bottle of Bass's ale and a bundle of small very thin smokes missing—the prisoner threw the bottle down and broke it, and these cigars were in his coat pocket behind—I took him to the station; he was charged; he made no reply.
Cross-examined by the Prisoner. You had the bottle of ale in your hand when you went out of the house—I put my hand in your pocket and brought the cigars out—you seemed like a man recovering from the effects of drink—I should not say you were drunk.
By the COURT He threw the bottle down, in the street and, broke, it before Mrs. Burton came.
HARRIET ANN BURTON . I am proprietress of the Green Man and French Horn—on Sunday morning, 31st July, about half-past 5, I was aroused by the ringing of the bell—I came downstairs and saw the policeman and prisoner in the bar, and this broken bottle of ale and these cigars—I had never authorised the prisoner to remain on my premises at night—to get possession of the cigars and ale he must have lifted up the flap of the counter and gone behind it—so far as I know the house was closed by the potman as usual at 12 o'clock on Saturday night—I did not go round with him—the prisoner is a customer of mine—he was there on the night before, I served him about half-past 10.
Cross-examined by the Prisoner, I don't know if you were there all the afternoon from 3 o'clock; I was out—I know you were there some part of the day—you have used the house every day almost for some months—you have dined there, but not recently—you have not had credit there in my time; in my late husband's time it was a different matter—I think you might probably have paid for these goods when you came later on if the police had not stopped you—the policeman said you were found in my house, and that I should have to go to Bow Street with him.
JOHN ROBINSON . I am barman at the Green Man and French Horn—on this night I closed the house in the usual way—I put up the shutters and walked with a light through the cellar, the club-room, the back yard and kitchen—I searched if any one was on the premises, but found no one—I bolted and barred the front doors.
By the COURT. I fancy I saw the prisoner drinking there on Friday night, I cannot swear—he was there on Saturday till between 10 o'clock and half-past—he was not drunk to speak of; he had had a glass—he did not seem to be intoxicated.
Cross-examined by the Prisoner. There was a possibility of my missing you in going round if you were at the end of the room with the table in
front of you—I have known you to go to sleep in that room—if men go in there in the dinner-time some of them go to sleep there—I have seen you more than anybody lying on this form—I secured the door so that nobody could break in—nobody did break in.
STEPHEN BARKER (Re-examined). There are two front doors opening into the street—I found the private door open—the prisoner had 10s. 3 1/2 d. on him—I made inquiries about the prisoner next day, and found he was in employment at this time in a large printing house; they gave him a good character for the fortnight he had been there as an odd man reader.
The prisoner in his defence said that he was drinking at the house on this night, and becoming rather drunk went to sleep in the public bar room behind the bar parlour; that when he woke the house was shut, and it was nearly daylight; that he was not then quite sober; that having been in the habit of taking home beer and cigars, and of having credit, he took the things openly, having plenty of money and meaning to pay for them.
NOT GUILTY .
MR. METCALFE Prosecuted;MR. H.C. RICHARDS Defended.
CHARLES JOHN SCHWARTZ . I keep the Rose public-house in Wimpole Street—I have known the prisoner for four or five years—I knew the late Mr. Hut ton, the bone-setter, by repute, and by serving him with bottles of wine at his establishment—on Saturday evening, August 6th, at 10 o'clock, I saw the prisoner—he said to me "Oh, Schwartz, will you cash this cheque for me?"—he gave me this cheque—I looked at it and said "Yes"—I made a sort of demur at first—he said "I have received it from a patient on whom I have performed an operation, and as I always like the money in these sort of affairs and they had not got a cheque form with them, they wrote it out on a stamped piece of paper; it is all right"(The cheque was dated August 6th,1887, and was drawn on the West Hartlepool Bank in favour of R.B. Hunter, for 7 guineas or order, by R, Kissler)—it was endorsed R.B. Hunter—on Monday morning the first thing I sent my man to the London and County Bank with it—they refused it, saying there was no such bank in existence—I have had many letters from the prisoner, but I never saw him write—he has acknowledged letters as his own—some three or four years ago when Mr. Hutton was alive I lent the prisoner some money, and he owed me a little money for goods, and letters passed—I know his handwriting—to the very best of my belief this cheque is all the prisoner's writing—I could swear to it, but I would rather not—on the Monday morning after my potman had gone to the bank, I received a telegram asking me to hold the cheque—I received another telegram, but did not see him till the following Friday night or Saturday morning, when he was taken into custody.
Cross-examined. I supposed the prisoner to be Mr. Hutton's secretary—I did not know that he operated on people—I saw him once attempt on one of my barmaids; she had a bad wrist afterwards—I have cashed several small cheques for the prisoner—they have always been honoured, and never been on blank cheques—I should think he is a man of sufficient intelligence not to draw cheques on banks which don't exist—knowing he came from the North I thought he knew what banks existed in Hartlepool—I think the signature Kissler and the endorsement are the same handwriting as the body of the cheque—I cannot say if the cheques
I cashed before were payable to Hunter, because for some time I bad nothing to do with them on account of having to summons him for something I lent him and he did not come in—I was surprised the man came again after being summonsed.
Re-examined. This other cheque for 10l. is in the prisoner's writing to the best of my belief.
WILLIAM PUGSLEY (Detective Sergeant D). I took the prisoner into custody at Camden Grove, Peckham, on the morning of 13th August, on a charge of forging and uttering this cheque—I showed him the cheque, which I had in my hand—he said in reply "I took it in course of business; I operated on a lady's knee, and I received the cheque for it"—I said "In that case perhaps you will tell me the lady's address"—he then said "I must use a little discretion about that"—he has never given me any address—this took place in the front room of his lodgings—I was about to take him to the station when he took up two pocket-books and commenced searching over them, an he did so this cheque fell on the floor (This was dated August 9th,1887, and was drawn on the Hudderafield Banking Company in favour of the prisoner for 10l., by F. Kissler)—I took possession of the cheque—the prisoner then attempted to pass this pocket-book to a friend standing by; I took possession of it—I found in one of them this letter signed E.B. Hunter; in my opinion that is in the same writing as the cheques.
Cross-examined. I asked him nothing further about Mr. or Mrs. Kissler after I took him to the station—I found he had been with Mr. Hutton some years—I inquired whether he had cashed cheques with people round before—there is no such bank in the list as the Huddersfield Banking Company.
ELIZABETH KUHN . I keep a restaurant, at 21, Hanover Street—I have known the prisoner for some years; he came to my house from Mr. Hutton, who was a customer of mine—on Wednesday, the 8th, the prisoner called and asked me to cash this cheque for 10l.—I told him I could not cash it; I had been paying away, and I had not sufficient—he said "Will you give me a little gold on it?"—I said "With pleasure," and gave him 2l.—he said "I will call for the remainder in the morning"—he called in the morning; I had sent to the bank in the morning, and I wrote on it, it was not worth a shilling—there was no bank at Hudders-field, of that name, and I did not give him any more money.
Cross-examined. I have cashed cheques for Mr. Hutton before, brought by the prisoner, not for the prisoner himself—when he called next morning for the money I told him it was a bad cheque—he said he would go directly to the gentleman who gave it to him; he knew who it was—I told him I thought he had been swindled.
CONSTANCE INNES HUTTON . I am the widow of the late Mr. Hutton—the prisoner was formerly employed by my husband to open the door and make appointments with patients, and occasionally write letters; he was discharged three months before my husband's death—he used to write from dictation, or my husband would tell him to write to such and such a patient to come on such and such a day—he never to my knowledge performed any operation of any kind—I should know, because my husband never had a pupil or assistant—I have since had complaints from patients—my husband always did his own business—I have many
times seen the prisoner write—these three cheques are all in his writing, both body and signature.
Cross-examined. The only persons who assisted my husband were the doctors who gave chloroform—my husband's practice was a speciality—the prisoner was with him about six years, I think—he never assisted in any way in the surgery during that time—he once or twice took him in the country when he was going to operate, for the same duties as he performed in London, I have heard—my husband often told me he never had any assistant or pupil in any single case—I believe it was the custom for a patient operated on by my husband to give a cheque after or at the time of the operation—I did not know till I was at the police-court that the prisoner had attempted to perform operations; I have had complaints from patients—he never did it with my husband's knowledge—he had represented himself as Mr. Hutton—I heard that the prisoner had operated on his landlord's daughter, and had sent a notice of it to the local paper—I have not the slightest prejudice against the prisoner—I never had a very high opinion of him; he was in my husband's service, not mine.
By the COURT. I was married in 1876.
MR. RICHARDS called as witness to character—
GEORGE GREENFIELD . I live at 38, Wood Street, and have known the prisoner for about three years—he was Mr. Hutton's secretary, according to his own representation—to my own, knowledge he performed operations, and some people were satisfied with him—he bore a very good character.
Cross-examined. I did not hear that in 1879 he was charged at the Quarter Sessions for Lancaster in the name of Robert Birkett Hunter, described as an accountant, with unlawfully obtaining from Julia Warburton 3s., and other sums from other persons.
Evidence in Reply.
WILLIAM PUGSLEY (Re-examined). I have made inquiries as to the prisoner's character, and have received this calendar from the Lancaster police, according to which he was convicted and sentenced to nine months'.
Cross-examined. I have no proof of my own knowledge that the prisoner is the man so convicted.
GUILTY .— Twelve Months' Hard Labour.
910. GEORGE MACDONALD (51) and JOHN FOREST (36) to burglary in the dwelling-house of Alfred Aldin, and stealing six suits, five vests, and other articles.— [Pleaded guilty. See original trial image.] Ten Months' Hard Labour each.
911. THOMAS MARNEY (19) to burglary in the dwelling-house of Charles Lionel Reis, and stealing watches and other articles, after a conviction of felony in July, 1885.— [Pleaded guilty. See original trial image.] Eight Months' Hard Labour. And
912. GEORGE WILLIAM HA WES (16) to obtaining a suit of clothes and a watch and chain by false pretences, with intent to defraud, from the Alliance Supply Stores, and also to forging and uttering a request for the delivery of the goods.— [Pleaded guilty. See original trial image.] Four Months' Hard Labour.
OLD COURT.—Friday, September 16th, 1887.
Before Mr. Recorder.
913. FREDERICK MACROW PLEADED GUILTY to unlawfully omitting to make certain entries in a book belonging to Alfred Hays, his employer; also to altering certain material particulars in the said book. There were other indictments for embezzlement, to which he PLEADED NOT GUILTY.— Judgment respited.
MESSRS. GRAIN, DANIELS, and KERSHAW Prosecuted MESSRS. GILL and COHEN Defended,
JEAN ERNEST SACHMAN (Interpreted). I am member of the firm of Sachman and Rozeau, bankers, of the Rue La Fayette, Paris—on 21st April, 1885, I made up a parcel directed to Messrs. D'Eickethal and Williams, stockbrokers, 14, Throgmorton Street, London—it contained one Lombard bond, which is also called a South-Eastern bond, for 500 francs, or 20l., No. 1347666, series P; two Eastern Dominical bonds, representing the value of 600 francs, Nos. 332141-2; 17 Bahia bonds, 6 per cent., value 20l. each, Nos. 3859-60, 2, 3, 5, 6, 7 up to 17—I also posted a separate letter to Messrs. D'Eickethal and Williams.
HENRI ROZE (Interpreted). On 21st April, 1885, I was clerk to Messrs. Sachman—on that day I posted a packet addressed to Messrs. D'Eickethal and Williams, 14, Throgmorton Street, London—it was registered—this is the receipt I got from the post-office.
MAURICE DUTAN (Interpreted). I was clerk to Messrs. Le Blanc, of 5, Rue Tete Boute, Paris, stockbrokers—on 21st April, 1885, I made up a parcel addressed to Messrs. D'Eickethal and Williams, 14, Throgmorton Street, London, containing securities value 450l.—they were Consolidated Consols payable to bearer, one for 50l., series A, No. 1812, and four of 100l. each, Nos. 9208-9-10-11 B—these (produced)are the bonds.
JOSEPH BECKE (Interpreted). On 21st April, 1885, I was clerk to Messrs. Le Blanc—on that day I posted a packet sent by Mr. Le Blanc to D'Eickethal and Williams, 14, Throgmorton Street, London—I caused it to be registered; the receipt was sent to Messrs. D'Eickethal.
CLARA LOVETT . In 1885 I was housekeeper at 14, Throgmorton Street—I attended every morning to all the offices for the different firms carrying on business there; I had a key for each set of offices—the morning delivery of letters would come in before the clerks came; I took them in for the different firms and put them on their respective desks—if it was necessary to give the postman a receipt for registered letters I generally gave it—about a week before 22nd April,1885, my key was lost or stolen, and I had a new key made; it was a key opening the office of D'Eickethal and Williams—on 21st April I cleared up the offices in the usual way—I remember among other letters for them there were two registered letters; they were presented by the postman, and I signed the receipts—the letters were intact and in good order—I placed them with a number of others on Messrs. D'Eickethal and Williams's desk, locked up the office, and took the key away with me.
Cross-examined. There are a large number of offices in the building—I left about a quarter to 9—the clerks came from about half-past 9 to a quarter to 10—there was only one key to the office—I generally let them in, but not that morning; the office was opened, and the key left in the door—I lived on the premises—the key that was left in the door was the
one I had lost—I saw it when they called me down to ask for the letters about 10 o'clock, it was in the lock outside—I have never seen the prisoner—I let the clerks in, they had no key.
CHARLES CHAMBERLAIN . I am a surveyor, in partnership with Mr. Nottaman, at 4, Hart Street, Bloomsbury—in May, 1885, I was slightly, acquainted with the prisoner—towards the end of that month he called upon me and wished to borrow some money upon the security of some Brazilian bonds—I introduced him to Mr. Bourne, the Secretary of the National Guardian Insurance Co.—he produced some of these bonds to Mr. Bourne in my presence—I recognise these produced as the bonds—in the September following the prisoner called on me again to borrow money, he proposed some more Brazilian bonds as security—I deposited those with my bankers, these are those (produced). there were seven—I got a loan of 70l. upon them from my bank, the London and County, Bayswater Branch—I advanced that to the prisoner—in October I wrote to him to remind him that he had borrowed the money for a month; I saw him, and suggested that we should borrow a larger amount from the National Guardian, and take up the bonds from my bankers, no further security was suggested then—the bonds were taken up from the bank, and a loan of 200l. was granted by the National Insurance Co. in December, 1885—at the time of the completion of the 200l. loan I was present when Mr. Bourne asked the prisoner whether the bonds were his, and how long he had had them, and the price he gave—he replied that they were his, that he had had them five or six years, and that he gave 16, that was his answer—between December, 1885, down to June, 1887, I made other advances to the prisoner on the security of one other Brazilian bond and one Lombardy Venetian, these are them; that makes 14 Brazilian bonds in all—on 17th January last year I made an advance to the prisoner, and took 14 bonds; I kept them at home for some time, and then took them to the bank for safety, for fear they might be burnt—there were 14 Brazilian bonds and one South-Eastern—on 29th July last I received a communication from the manager of my bank, and upon that I communicated with Mr. Williams, of the firm of D'Eickethal and Williams—I met him and Mr. Gregson, their solicitor, and then communicated with the prisoner—I told him that the money was due upon the bonds, and requested immediate payment—he said if I gave him about a week he would pay it—I went out of town immediately after that, and was staying at Harrow—I there received this telegram from the prisoner—it was delivered at Harrow while I was at the seaside—this is the telegram, "Your cousin can sell 14 Brazilians to-morrow"—I received this other telegram, "Will see you to-night or to-morrow, do nothing till I see you"—I received also this telegram, dated 30th July, "Will not sell security, I shall see your cousin, if he likes, before 12 at your office."
Cross-examined. In dealing with the prisoner it was partly as a friend, we were constant companions; sometimes they were in the way of business, sometimes not—it did not strike me as remarkable that he should be in possession of these bonds, or that he should desire to raise money on them—I didn't tell him I was going to get the loan from my bank—he told me that ho had no banking account—the transactions did not strike me as extraordinary—there were several borrowings, and at different times he repaid me—in August last he owed me about 200l.—I then went
to see the prosecutors—it was arranged that no step was to be taken against him for a week or longer in order that I might get my money, nothing was mentioned about security—a fixed date was given, I think the 11th August—I have seen him constantly for about two years, there was no idea of his leaving the country—he gave me some charge on a reversion, and paid me 20l. in cash on account—he was a gentleman, he had no business, he was living in Gloucester Terrace, Hyde Park—I understood his mother was wealthy—I should not have been surprised if he had asked for 4,000l. or 5,000l.
THOMAS JAMES BOURNE . I am secretary to the National Guardian Assurance Company, of 21, New Oxford Street—on the 4th June, 1885, I lent the prisoner 70l. on seven Bahia and Brazilian railway bonds, the loan was taken for two months—we charged 2l. 11s. 8d. interest, which is just over 20 per cent.—on 17th December I made another loan of 200l., the balance of the first loan was paid out of the second—I had 13 bonds altogether, numbered 3859, 3860, 3862, 3, 5, 6, 7, 1, 2, 3, 4, 5, 7—the last were to be at about 15 per cent, interest—I do not recollect at any time asking him whose the bonds were—I noticed that a great many of the coupons had been cut off, as in the regular way—I did not notice in December when I made this loan whether the January coupons were upon the bonds.
Cross-examined. The prisoner's conduct was not in the smallest degree suspicious; he was introduced to me by Mr. Chamberlain.
Cross-examined. They were with me for some time—I took a list of the numbers.
GERALD BOLTON WILLIAMS . I carry on business as a stockbroker in copartnership with Mr. D'Eickethal, as D'Eickethal and Williams, at Wharton Court, and late of 14, Throgmorton Street—on the morning 22nd April, 1885, about 10 a.m. I arrived at my offices and went into my room in the usual way to look for my letters and did not find one there—I have seen the prisoner about Throgmorton Street and knew him by sight quite well—I had a cousin of his in my employ, but I did not know it at the time, he has now left—as soon as I discovered the loss I telegraphed to the gentlemen who have been called here to-day and received replies from them, ascertaining what the enclosures were in the respective letters, and then I communicated with the police at Old Jewry—I also caused an advertisement to be inserted in four daily papers, and it was published on 9th May—these produced are the placards—I also gave notice of the loss of these bonds to Messrs. Morton, Ross, and Co., who are the agents for the Brazilian railway—I heard nothing more of the bonds till July of this year, and I then recovered two from Messrs. Attenborough's, for which I had to pay 20l., and one from a Mr. Hans, a money changer, I did not pay him anything—on 29th July last Mr. Chamberlain came to my office and I then communicated with my solicitor and in due course a warrant was applied for—I received the address of the prisoner from Mr. Chamberlain—I saw the prisoner on the 12th August after he was arrested, and he said first "I did not steal them, if you say these bonds are yours why not take them? what is the good of prosecuting? you will only cause a lot of trouble and bother and
waste of time," or words to that effect—I said the matter was entirely out of my hands, that it was in the hands of the police, and I felt it my duty to continue the prosecution—he was then in custody, but I formally gave him in charge for stealing and receiving these bonds—anybody could borrow on these bonds from a bank or a stockbroker at a moderate rate of interest, a little above the bank rate for the time being—they all pass by delivery.
Cross-examined. The first advertisement did not appear till 9th May, but the placards were printed immediately—I had lost bonds before this, but not since May, 1885—they were not lost from my office, the mail was robbed—I have never before lost bonds from the office—I have 14 clerks in my employment—clerks in the employment of stock-brokers if they speculate are liable to expulsion, and also any one who deals with them; I have not know it done in my office, but it has been done—I have heard Mr. Chamberlain's account of this matter, it occurs to me why he should have kept them so much, why he should not have sold them—I have got the whole of the property now, every bond is traced—I never forget a face I have seen—where I saw the prisoner I don't know, but I thought it was in Throgmorton Street—I did not know I had a cousin of the prisoner's in my employment until his brother came back from his holidays in December, 1885, when I discharged him—I charged him verbally with stealing these bonds, and I had also other reasons to complain of him, and it was with my knowledge he went abroad, where I believe he is now.
FREDERICK BROOKS . I am on the staff of the General Post-office—I produce the receipts for two registered letters addressed to Messrs. D'Eickethal and Williams, showing that they were delivered on the 22nd April, 1885.
THOMAS MOGGERIDGE . I am a postman—I delivered two registered letters addressed to Messrs. D'Eickethal and Williams, 14, Throgmorton Street, London, on 22nd April, 1885—these are the receipts that I received from the housekeeper.
FREDERICK LAWLEY (City Detective Sergeant). I was instructed in this matter—I had no warrant for the arrest of the prisoner—on 12th August, about 8 p.m., I saw him go into 23, Gloucester Terrace, Hyde Park, where he lived, and about a quarter of an hour afterwards he came out, and I followed him and stopped him, and addressed him "Mr. Forge;" he turned round and said "No, that is not my name"—I said "Yes, I am sure you are Mr. Forge; I am a police-officer, and I am going to arrest you on a charge of stealing a number of bonds from 14, Throgmorton Street, in April, 1885."—he said "You have made a great mistake, my name is not Forge"—I then handed him over to Detective Caustin, and went to 23, Gloucester Terrace—shortly after the prisoner was brought back, and I said to the housekeeper "Is this Mr. Forge?"—after some hesitation she said "Yes, I must tell the truth"—the prisoner was then taken into the house, and I said "There are a number of these bonds still missing, have you got any in your possession?"he said "Yes, I may have," and handed me these two keys—I then went to the prisoner's bedroom, and in a Gladstone bag which was locked and
strapped up, and which I opened, I found this cash-box, and in it these certificates and two bonds, and a large number of coupons which had been cut off—I also found three cheque-books, a number of cancelled cheques, a small card-box, and 22 pawnbrokers' duplicates for articles ranging from 1s. 6d. to 7l. 10s.—I also found this envelope—inside it was this piece of newspaper, which was gummed on to some paper, with the words written at the side of it, "May 9th"—when I found the bonds I said to the prisoner "Do you wish to give any account of how you came in possession of these bonds?"—he said "I did not steal them, but I decline to tell you where I got them from"—Mr. Williams shortly after arrived, and the prisoner was given into my custody—Detectives Caustin and Halse were helping me—the prisoner was then taken to the station and charged, and made no answer.
Cross-examined. The one statement the prisoner has made is that he did not steal them, and he refuses to say where he got them from—none of these pawntickets are in his own name—he gave me the key of the bag—there was also a suit of clothes and shirts, and other articles in the bag.
----HALSE (City Detective). The prisoner was left in Caustin's charge, and I heard him crying out "He has been trying to escape from me, help me"—the prisoner did not say anything to that.
HENRY CAUSTIN (City Detective). The prisoner was left in my charge whilst Lawley and Halse went into the house—he then asked me where they had gone to, I told him I did not know—he said "I suppose they have gone to get somebody to identify me"—I said "I don't know," and with that he swung round and ran about 30 yards down Westbourne Terrace before I caught him again.
GUILTY on Second Count. — Eighteen Months' Hard Labour.
MESSRS. POLAND and CHARLES MATIIEWS Prosecuted; MR. HUTTON Defended.
GUILTY .— Three Months' Hard Labour.
NEW COURT.—Friday, September 16th 1887.
Before Mr. Common Serjeant.
MR. METCALFE Prosecuted; MR. RICHMOND Defended.
WILLIAM WHITE . I am a bookmaker, of 4, Danvers Street, Chelsea—on 9th July, at 3.30 p.m., I was talking to Hendry and Ford on the Thames Embankment, when the prisoner, whom I had known for 12 months, with about eight others, came up to me and said, "I want 108l. for a bet"—he gave me no particular about it, he never had any bet with me—I said, "You never had no bet with me"—he said, "We want
some money"—I Walked away towards home—all the men followed me—I got indoors and my missus came to the door—they all rushed in and knocked me down in the hall on the banisters—they also knocked my wife down as she came out with a shovel in her hand—then they all carried me out, the prisoner holding the shovel over my face—he took part in driving me out—one of the men put his hand in my pocket and took out six sovereigns and two half-sovereigns—I had seen that money safe not five minutes before—I can't say that the prisoner put his hand in my pocket, he was carrying me out at the time—they said in the house, "We want some money"—as soon as they left me I missed the money—a friend of mine, Allanson, who was with me, gave them 5l., as I looked like being killed, and they only wanted money—he said, "Shall I give them 5l.?"—I hesitated a bit, and then said, "Yes"—he first mentioned the 5l.—they left me on the steps just going out at the door, and Allanson went with them to the Beaufort Arms—the prisoner took my shovel—a quarter of an hour afterwards I went to the police-station and lodged a complaint—I knew then his name was Ronan—I handed back the 5l. to Mr. Allanson next day.
Cross-examined. The prisoner did not say I owed him the 108l.—I never had a dispute about bets before—on 8th June there was a disturbance on the Embankment with Stewart, and I am in custody now on account of it, having been convicted at the Middlesex Sessions on 9th August of an alleged assault—that was nothing about a bet—the prosecutor on that occasion came and asked me for money, which he said I owed him—I was sentenced to four months—this was the day after that—I owed Stroudman money for a bet—I had a dispute with him about it—I paid him when he came to me—the prisoner asked for the money, and three or four spoke after him asking for money; they all wanted some money—several spoke at once—the prisoner was the only one who demanded money when they first came, and afterwards they all wanted money—by demanding I mean they asked for money—I went indoors and shut the door, then the missus went to the door, and they burst in and knocked me down—my wife was coming out of the door with the shovel in her hand—I did not take it into my hand and strike the prisoner—I was convicted of assaulting my wife 14 years ago—I never struck the prisoner—I did not see the prisoner take the money from me, he was coming out at the time—I heard no one say he had got money from me—I cannot say who took it—there are warrants out for the other men; they have all escaped—I assented to Allanson giving the men 5l., because it looked like money or my life, I did not want killing—I had bets on last summer—I went without paying them to Charing Cross Hospital to have my toes amputated, and I came out and paid every one—I have been fined for betting.
Re-examined. I was charged with assaulting Stewart, who tried to rob me—I called eight respectable tradesmen as witnesses—he wanted me to give him 5l., and I would not, although I had 1,000l. in my pocket at the time.
GEORGE ALLANSON . I am a commission agent, and a friend of White's—I live at 103, Beaufort Street—on 9th July, at 2.30, I was standing with White on the Embankment—the prisoner came up with several others and asked for some money—I did not hear the amount he asked
for—White went away in the direction of his house—they followed him—when I got inside the door there was a row going on, and several of them brought the prosecutor out—the prisoner had hold of him—I asked him if I should give them 5l. to get them away, and eventually I took them away, and gave one of them 5l. in the Globe public-house—they went away, and I remained in the public-house—I did not see anyone strike the prosecutor, they pulled him about more or less till I gave the 5l.—one of them threw his wife down—White did not go to the public-house with us, he came in some half-hour afterwards.
Cross-examined. I did not see the prisoner strike either Mr. or Mrs. White—I was just inside the door the whole time of the disturbance—there was a regular row between them, and a good deal of talking—I could not distinguish the voices, I could hear White speak—when they first came up they spoke as if he owed them money, possibly it would be for a bet—the prisoner and the others simply had hold of White, who was a good deal excited—I do not remember his having disputes last summer—I remember his going away and leaving people unpaid—I think I proposed that money should be given to the men.
WILLIAM HENDRY . I am a tobacconist and news agent at Cheyne Walk, Chelsea—on 9th July I was talking to White at my door, when the prisoner came up with several others and asked White for 108l.—he said "You have not got any to come"—the prisoner said "We have," and two or three more spoke and said they meant having some—White went towards his house; I followed—the men followed him in and were indoors five or six minutes; I did not go in, I saw Allanson go in—then the door opened and the prisoner and four or five others came out, dragging White out on his back, down the steps on to the pavement, he was not resisting—I did not hear anything said about money except when they stood at my door—they kept asking him for money; they said something about "Give us money or else we will pay you," something of that sort—afterwards they were all round him on the pavement, and I heard Allanson say "Shall I give him 5l.?"—he took them all off to the Beaufort—after this White's coat and waistcoat were unbuttoned, he had no hat on, he was dusty, and his shirt was either torn or unbuttoned, it was all open in front.
Cross-examined. I heard the men repeatedly ask for money, which they said White owed them for a bet—the row. did not last above five or ten minutes—I did not see the prisoner strike Mr. or Mrs. White—I saw him with the other men holding White and dragging him out—I did not see him take any money—I did not hear him say that he got any money—I heard Allanson say "I will give him 5l. to make peace.
EDITH WHITE . I am the prosecutor's wife—on the afternoon of the 9th July I opened the door and let my husband in—I had not shut the door when the prisoner forced his way in first, and several others after him—my husband had not time to get out of the passage—the prisoner and others held him down on the stairs—I tried to pull the prisoner away, he turned and said to me "We want some b—y money"—one of the men threw me and my head caught the foot of the banisters; I was coming out of the parlour at the time with a fire shovel—I don't know if I put it down or if one of them took it from me—one of them held it over my husband's head—they carried him out on his back—I did not see what took place outside; they carried me downstairs because I was hurt.
Cross-examined. They said nothing about wanting some money which Mr. White owed, but only said that they wanted some money—the prisoner did not knock me or my husband down, but he held the shovel over my husband's head—I will swear my husband did not get hold of the shovel—I did not see the prisoner take anything from my husband or hear him say he had got anything from him.
HOMAS MANLEY (Police Sergeant B). I first had information about this occurrence half an hour after—a warrant was afterwards issued against the prisoner and four others—I could not find him at first, but I took him on 14th July at Walham Green—I have not been able to execute the warrant against the other four—I told the prisoner I was a police officer and should take him in custody for robbing and assaulting William White on Saturday last on the Embankment, Chelsea, with others—he said "I did not beat him or rob him, we went down to get some money and Slasher gave us 5l. "—Slather is Allanson—I lodged him at the police-station, Fulham—as I was putting him into a cab to take him to Chelsea he said to a woman, who I believe is his wife, "Bring that shovel to the police-court to-morrow"—I have not seen the shovel since—I know Stewart, the man who White was convicted of assaulting, I have seen where the ramping business was carried on—since White's conviction Stewart has attempted to ramp a man named Brooks at Walham Green—ramping is not an infrequent complaint amongst that class of people.
Cross-examined. No charge has been made against Stewart; it is very rarely they take action—it is very dangerous to do so.
GUILTY .**†— Twelve Months' Hard Labour.
OLD COURT.—Saturday, September 17th, 1887.
Before Mr. Recorder.
JABEZ ALEXANDER FISHER . I five at 22, Charlcote Terrace, Regent's Park—in the Standard newspaper this year I saw this advertisement: "Required in a city office young gentlemen, duties principally out-door, salary 72l. a year, increasing; permanent appointment; cash security 30l., returnable on leaving; state age, &c, 313, Standard Office, Bride Street, E.C."—on seeing that on 3rd June I went to 55, Chancery Lane, and on the 4th I saw the defendant there—I had considerable conversation with him relative to the business—he asked what I had been—I asked him whether he thought I should be fitted for it, never having done anything in that line before—he said yes, it required nothing but ordinary ability—he said he was doing some good business—this agreement was put into writing (This stated that upon 30l. being paid by the witness, he should be engaged on the terms specified in the advertisement)—I paid the 30l., and the defendant gave me this receipt—he said he would let me know when to begin work; he kept writing and putting me off from day to day—I did not commence till the 27th June—I continued in the employ exactly one week, till 4th July—he then called me in, and said there
seemed to be some complaint that I was knocking my head along with some of the clerks in trying to find out things, and was I satisfied—I said I did not know about being very well satisfied—he pressed the question, and I said personally I did not care one way or the other, but rather than there should be any unpleasantness I would leave, and I gave him notice then and there—I asked him when he would return the 30l.—he did not seem inclined to, he said at the end of the month—I pressed him to let me have it earlier—I accepted a bill for 25l. at seven days, and he was to let me have it at the end of the week—I agreed to accept the 25l. in lieu of the 30l., and he gave me this acknowledgment for my acceptance—the bill was presented for payment, and not honoured—no part of the 30l. has been repaid—I placed the matter in my solicitor's hands—I parted with my 30l. on his saying there was a good business, and that he would teach me the business, and take me out with him—he did not take me out at all, or superintend my duties in any way—I saw no business done in Chancery Lane—three other clerks were employed there—I went there at 10 in the morning—the prisoner was often there by that time—I don't know what time he left; he sent me out two or three days to a sale, and I would take my time to go there and back.
Cross-examined. I was sent to the sales to look on, to see how sales were conducted—I learnt nothing but what I knew before—one sale was at Lancaster Gate, a private house—I received 3l. for salary for the week I was there—he did not complain to me of larking with the other clerks, and breaking the furniture—I heard him complaining; I did not break any furniture; I don't know what others did—I only saw one book kept, a register of businesses—we had to cut out advertisements from the papers of properties to be sold—I heard that the prisoner had another business at Clapham—I am 24 years of age; I had been a clerk in the Railway Clearing-house—I saw no correspondence—I did not write or post any letters; I saw no letter-book or copying-press.
WALTER GEORGE BOND . I am a clerk, but am out of a situation at present—I live at 33, Sheriff Road, West Hampstead—on 27th April I saw this advertisement in the Standard—I answered it by letter the same day—I received this reply the same day, asking me to call next day before 10 o'clock—I went to Chancery Lane, and saw the prisoner—I asked him the nature of his business—he said he had received several applications for the appointment; was I prepared to pay the deposit—I said I was—he said I had better think over the matter and come next day—I agreed to that—there was the usual office furniture—I believed what he said with regard to his business—next day I came and gave him a cheque for the money, and signed this agreement—I drew up this receipt for the money, and he signed it—I was to go on 2nd May—I afterwards received two letters to postpone my coming until the 12th, and then again to the 16th, when I entered on my duties; there was very little to do—the prisoner generally looked at the advertisements, and gave me addresses to go to to make inquiries and to endeavour to obtain the sale for him—I attended one public sale at a private house, and I went once or twice to the Auction Mart to attend sales, and that was all—I stayed exactly a fortnight—at first there were two other clerks there, and the last day or two another boy came—if the persons agreed to his selling the business,
we had to enter it in the register; that was the only book I saw; there was no ledger or cash-book or press letter-book—I was occupied up to about the middle of the day—the prisoner used to come about 10 o'clock, and leave soon after 11 o'clock, and as a rule I saw no more of him that day—on 28th May I told him I wished to give him a month's notice—he asked me why—I said the business was not as he represented; it did not come up to my expectations, and I was anxious not to lose my time, I wished to leave directly—I showed him an agreement I had drawn up, and asked him to agree to it—this is it (This agreed to forego the three weeks' salary, the 30l. to be returned within a fortnight)—the prisoner filled in the date—I called at the end of the fortnight, and asked for my 30l.—he said he was very sorry he could not pay it then; he would pay it on the following Friday—I said I could not give him till Friday; I would come on Wednesday—I did go on Wednesday, and he was not in—I left word that I would call—I then went to a solicitor—I have not received back any of my money;—there was no genuine business carried on at the office.
Cross-examined. One book was all I saw, I swear that. (Three books were handed to the witness.) This is my handwriting in these books—they are merely registers of sales—these were letters, some of which I answered—advertisements were inserted by the prisoner in different newspapers with reference to property he had for safe—these other books (produced) I never saw; the register of sales was all I saw—I was never at the Clapham office, that was not opened till after I left—I am 24 years of age—I had never been in business before—the prisoner said he had received a letter about a mortgage for 170,000l., and he knew solicitors who would lend it—I drew up one commission note that he should receive 5 per cent, commission if the transaction should be carried out; that was with reference to a small business for sale—by the prisoner's direction I went and made inquiry about that; it was a stationer's and fancy business—I also went about a toy business at Wimbledon, which was placed in his hands for sale—I also wrote about other businesses.
HENRY FOSTER HESLOP . I am a clerk, and live at 23, Camden Road—on 27th April last I saw this advertisement in the Standard, in consequence of which I called at 55, Chancery Lane on the 28th, and saw the prisoner—I told him I had come about the situation—he asked what I had been, and if I should like the business, as he wanted to make a permanency; I said "Yes"—he said he was an auctioneer and surveyor, that the salary was 80l., rising 10l., 30l. deposit, to be returnable on leaving—I called again on the 29th—he said he was very sorry the place had been taken, but he expected to open a branch office, and he would give me the first chance of that—on 4th May I received this letter, asking me to call with my father, which I did on the 5th—the prisoner then said, owing to the other clerk not being able to come till the end of June, he would take me; I agreed—I left then, and returned the same day and gave him a cheque for 15l.; the other 15l. was to be paid on the 9th when I commenced my duties—I did commence on the 9th, and then paid the second 15l. by cheque—I remained till 16th July—my duties were principally going to get businesses for sale and attending the auction mart—I saw no clients come or any business done; no substantial business was carried on—I know most of these books—there were no account books; there were two old letter-books of 1882, nothing more
recent—on 9th July my father called with me on the prisoner, and on that same day I gave notice to leave, and spoke about the return of the 30l.—he said if I could leave it to the end of the week he would be quite prepared with it and the arrears of salary; I agreed—I received about 7l. salary, there is 8l. odd due yet—I left on the 16th—he promised to pay at different times, but I have not had any part—I parted with the 30l. expecting to learn the business.
Cross-examined. I think the business was not straightforward, I think it was a fraud; I formed that opinion soon after I got there—the only reason I left was because I could not get my wages; if I had got them I should have stayed on till I got another situation—I made entries in some of these books in reference to different shops.
HENRY CUDAR ARMSTRONG . I am clerk to a manufacturer's agent, 21, Greville Road, N.W.—on 10th August, 1886, I saw this advertisement in the Standard. (This offered a permanent situation, salary 100l., rising 10l., a deposit of 100l. at 5 per cent, interest.) I answered that, and received this reply, asking me to call at 55 and 56, Chancery Lane, which I did on the 12th, and there saw the prisoner—I said if the business suited me and his references were good I thought we might come to terms; I said that Mr. Cooper, my friend, would call and see him—I saw the office, in which, to all appearance, an auctioneer's business was being conducted—Mr. Cooper went and saw the prisoner, and on the 17th I called with Mr. Cooper, and he witnessed the signing of the agreement—I took it for granted from what Mr. Cooper told me that the thing was quite genuine—I paid the prisoner a cheque for 40l., and on the 30th, when my duties commenced, I paid the other 60l. in three 20l. Bank of England notes, and he handed me this promissory note for 100l.—I remained till 15th November—I never saw any business done—he sent me out to the auction mart, and if possible to get the names of the buyers, so that he might send on some property that he had for sale, but it was not possible to get the names of any of the buyers—that and going about and delivering letters was the whole of my business—there were two other clerks, and a third came just before I left—there were four books kept while I was there—I saw no account books or letter-books except one old one—I was not satisfied, and on 8th October gave notice to leave—I said I expected my deposit to be returned; he said of course it would be on 12th November, but it was not—I received about 20l. in salary while there, but I did not get it till 27th October—not getting back my deposit I placed the matter in Mr. Cooper's hands; 12l. has been returned through him, the remaining 88l. is still owing—I paid the 100l. from the statements he made to Mr. Cooper, which Mr. Cooper told me of.
Cross-examined. I have received all my salary that was due—I have not taken any stops to sue the prisoner on the promissory note—he was always promising to pay it—I have not made any charge of fraud against him, I intended to do so eventually if I could not get my money—the 12l. paid to Mr. Cooper was as part of the 100l.—I never saw any business done; I saw a good many attempts at business, but I saw none really transacted—I believe the letters I delivered were business letters.
By the JURY. I saw no call-book—he had a banking account—he gave me a cheque for my salary; it was marked "Refer to drawer"—he gave me another, which was eventually cashed.
FREDERICK SAUNDERSON COOPER . I live at 4, Croxted Road, West Dulwich—I acted on behalf of my cousin in effecting this arrangement—. on 4th August, 1886, I called at Chancery Lane and saw the prisoner—I told him I had called with regard to Mr. Armstrong's taking a post with. him, and I should be glad to have some particulars—after some conversation I said "Why do you require the 100l. deposit?"—he said "If I advertise for a clerk at 100l. salary I should have hundreds of applications if no deposit was required, so I think it best to have a deposit; it also tends to make the clerks take more interest in the business"—I said "Do you want this money to pay a clerk that is leaving?"—he said "No" at first, but continuing the sentence, he said "Well, in one sense I do; a clerk is leaving, and I shall have to pay him, and if I arrange with Mr. Armstrong it will make no difference in my banking account"—I said that frauds had been perpetrated through similar advertisements—he said "Yes, they do that sometimes in the City, and that makes it hard lines for those who want to deal honestly"—I then asked him about his business, and said "Will your business stand 100l. a year salary for a clerk?"—he said "Oh yes, much more than that; I am doing a good business, and hope to improve it"—he said he had got some mortgages on hand and was shortly going to have some sales at the auction mart—I believed his statements, and communicated the substance of them to my cousin, and three or four days after I attended and witnessed the execution of the agreement—the money was paid on the belief of the statements that had been made to me—it was under my advice that my cousin afterwards gave notice of the withdrawal of the money—all I got back was 12l.
Cross-examined. The prisoner said he was trying to work up a business, and was pushing it very much—I did not agree to give him time to repay the balance—I am a solicitor—I said if he paid 50l. I would see what I could do as to time—he said he thought he would be able to pay in time.
Re-examined. I can't say that on any occasion I saw bailiffs in possession, I had a strong suspicion—the two rooms the prisoner had were in the corridor on the first floor—he had no partner that I am aware of.
ERNEST EDWARD WILSON . I am the son of the Rev. James Wilson, vicar of Holy Trinity, Rotherhithe—in the Standard of 25th March, 1886, I saw an advertisement, in consequence of which I called at 55, Chancery Lane, and saw the prisoner—he said there was a vacancy in the office, that he should require 100l. as deposit—I said "My father is willing to pay it for me"—he said he should like to see my father—he said the business was that of an auctioneer and surveyor, and he made me understand it was a very good business—he said he had a large mortgage in the north—he said he would instruct me himself in the business, that I should have to go and report on large houses and lands and things of that sort—I communicated with my father, and returned with him the same afternoon—the prisoner repeated substantially to him what he had said to me—he said there were several young fellows after the berth, and I must decide at once or the place would be filled up—it was decided that I should commence my duties on the Monday after, that would be the 9th April—on that day I received a letter from the defendant enclosing a memorandum of agreement—I read it through, and on the Saturday I went again to the office and saw the prisoner, and arranged to begin on
Monday, the 12th—I then went with the cheque for 100l. and the agreement; I handed this 100l. cheque to the prisoner and signed the agreement—I went and had the agreement stamped, and came back—he gave me this property book to read through, to give me an idea as to how to enter properties in the book—I think I answered some letters that day—I was in the employment 15 months altogether—I received about 65l. in the way of salary—towards the end of September there was some delay in paying me, and he sent this letter to my father expressing regret for the delay, and that he would pay more regularly in the future—after I had been in his employ for about six months I wrote and asked for a return of the deposit, according to the agreement—he wrote saying I should have it shortly—I have never had any part of it returned—during the 15 months I was there over 23 clerks were employed at the branch offices at Clapham and Holloway as well as Chancery Lane—upon an average they stopped from three to four months—there were no auction sales during the time I was there—I think six small businesses were sold, and a plot of six small houses in one lot; that would represent a little over 200l.—my time was not fully occupied, nor that of the other clerks—I think the last time I spoke to the prisoner about n return of the deposit was in Juno this year; he then said I should have it shortly, that he was expecting to receive 600l. or 700l., and he would pay them all off—I parted with the 100l. because I thought I was going to make a very good start to be an auctioneer and surveyor—I communicated with Inspector Tunbridge a few days before I left the employment.
Cross-examined. I did not consider during the time I was there that there was a genuine business going on, I bad my suspicions of it; I should not like to say I thought it fraudulent—I think I have said that as late as July last I did not consider he was defrauding me, I said that at Bow Street, he always promised to pay me—I did not see the business at Holloway and Clapham myself, I heard of it—I believe some furniture was knocked about and injured, I had no hand in it; I saw holes had been made in the chairs, he did not tell me to go in consequence of that, he told me to go because I had been to see Inspector Tunbridge; he discharged me on the 11th, he was very angry at the time.
REVEREND JAMES WILSON . On 7th April I went with my son to 55, Chancery Lane, and saw the defendant—he said his business was a good one, a gentlemanly business, and with ordinary application would be sure to succeed; he said there were several after the situation, and unless I concluded the agreement quickly some other person would be about it; that I must act promptly or my son would lose the chance—I afterwards handed my son the cheque for 100l.
Cross-examined. I have said that from my view of the office I should have judged that a good business was going on, and I thought anyone else would judge the same—I saw bills of sales upon the walls.
GEORGE CROSSTHWAITE COOKMAN . I am manager to Mr. Thomas Clark, the owner of 55 and 56, Chancery Lane—in June, 1885, the defendant agreed to take two rooms there at 50l. per annum, he said ho was an auctioneer and business agent—I produce the agreement that was entered into—he has continued to occupy those rooms up to this time; the rent has not been regularly paid, not for the last two or three quarters, there is a balance now due—we have distrained for the last quarter's rent.
Cross-examined. It was after the criminal proceedings had been instituted at Bow Street that we distrained, I don't think there was sufficient furniture to pay the rent—there were two distraints previously.
JOHN EDWARD COLLER . I am managing clerk to Norman and Co., 79, Queen Victoria Street; we supply furniture on the three years' hire system—in July, 1885, we supplied the prisoner with some office furniture at 56, Chancery Lane; it came to 36l. 16s.—he was to pay 1l. 2s. 6d. a month; he paid about 18l., 16l. is still owing—we had to take proceedings in the County Court for that, but have not obtained any.
Cross-examined. I believe persons who are not auctioneers appoint those who are and divide the commission.
The following Witnesses teen called for the Defence.
ARTHTTR BOTHSCHILD . I am 18 years old—about the beginning of April I saw an advertisement in the Daily Telegraph—I answered it and afterwards saw the prisoner at Chancery Lane—my father paid 30l. as a deposit and I was to receive 40l. a year—I was at the Chancery Lane office till it was shut up, and I shall go back again if it is reopened—during the time I was there business was going on—these are some of the books I saw there—I received, all my salary—I have not asked for my cash deposit of 30l. back—the business was slow, as I was told it would be before I went into the office, but it seemed real so far as I knew, it was the first place I had ever been to—I noticed nothing fraudulent about it—I am living with my father—when the office is opened I shall go back if I am enabled to.
Cross-examined. This was my first situation—I knew nothing about business till I went there.
HENRY JOHN JACKSON . I am not related to the prisoner—I saw an advertisement in the latter part of July, answered it, saw the prisoner, and deposited 25l., with the understanding that he should not pay me my first month's salary, as I had not the whole of the 30l.—I was to have 60l. per annum—I have received the whole of my wages regularly—in my estimation business was done there—I have negotiated business with people for the prisoner—this 25l. was my own money—I am 23 years of age—the Chancery Lane office is closed, I am at present at Clapham, where a decidedly genuine business in carried on—we have carried through a business there, and let apartments and received money—these, are the books we kept, there are entries in the ledger for cash received—the Holloway office was before I went to Mr. Jackson; I know nothing about it, but there was a business there—I was spoken to by the witness Fisher when I called to see the prisoner, and before I paid the money; in spite of what he said I paid the money—I am still in his employment.
Cross-examined. I have made no request to have my money returned because I am perfectly satisfied—I don't know when the Clapham business was opened, it was before I went into his employment at the end of July—these are some of the books used at Chancery Lane, there are some of my entries in them—no ledger or cash book was kept to my
knowledge—a letter book was kept for 1884 to the best of my knowledge, not for 1886 and 7 that I know of, at Clapham there was—these are all the books that I know of at Chancery Lane—the Chancery Lane office was shut at the end of August, and then I went to Clapham—three clerks besides myself were employed there.
Re-examined. The office was closed after the prisoner's second appearance at Bow Street.
----NEWMAN. I live with my father, who is a retired solicitor, at The Elms, Wareham Road, Croydon—I saw an advertisement in the Standard in June—my father answered it, and it was ultimately arranged that I was to have 90l. a year, and pay a premium of 100l.—my father paid it; I am under age—I am still in the prisoner's service—I went to Clapham when I entered his service on 28th June—I have received no salary at present—I know my father has made a loan to the prisoner of his own accord since the publicity of these proceedings at Bow Street—with my father's knowledge I am still working at Clapham, where an honest and genuine business is going on—I have been to Chancery Lane once or twice—nothing struck me there as otherwise than honest and straightforward.
Cross-examined. I only went to Chancery Lane to see Mr. Jackson; I was not there long—that was all the opportunity I had of seeing him—I am 19—these books refer to the Clapham business; there are no other books—I have not attended sales yet, nor did the other clerks; I pat properties and houses to let and sell on the books—cash-book and ledger and press copy letter-books were kept—it was all genuine.
Re-examined. It is a regular office there—the prisoner's name is not up; that of the late manager, Mr. Spearman, used to be up—there was a business there before.
WILLIAM HENRY HUMPHREY . I am an auctioneer's clerk—I am engaged by Mr. Jackson now at Clapham, and I went there in the first instance—in consequence of seeing an advertisement in the Evening Standard I saw the prisoner, and agreed to give him 30l. deposit, and take 80l. a year—the business at Clapham is most decidedly a good business—I have been to Chancery Lane on several occasions to see Mr. Jackson; there was a good business there from what I saw of it—I have been paid my salary up to date—my 30l. is still there; it is my own money—I leave it there because it is quite safe—I am single.
Cross-examined. The business at Clapham is not the same ad that at Chancery Lane—there is a house agency at Clapham, and all kinds of business; books are kept—Mr. Spearman's name, is not up now—Mr. Jackson's name is not up yet; there is no name outside—" house agency" is all that is up at present.
By the JURY. Mr. Jackson did not come to Clapham daily; he left the business there in the manager's, Mr. Welk's, hands, and he came down himself at times.
----WELKS. I am married—I am manager of the Clapham business—I possess some money of my own—I originally came in contact with Mr. Jackson by calling at Chancery Lane—I deposited 30l. with him, and agreed to take 80l. a year—I commenced my duties at Clapham on 6th June this year—decidedly there is an honest business at Clapham—Mr. Spearman's name was up there till last week, but we have had our name on a board hanging up outside the whole time, and it is there
now; it is not painted on the facial—in addition to the 30l. I have lent the prisoner money since these criminal proceedings—I earned and saved that money—all the dealings I have had with the prisoner have been thoroughly straightforward and honest—I knew nothing about him before I saw the advertisement in the Standard—I was one of his bail at Bow Street.
Cross-examined. I went as the first manager at Clapham—there was one clerk there at first; now there are three and myself since the Chancery Lane office has been closed—I have advanced money for the purpose of this defence—I do not remember having a conversation with young Mr. Wilson about this, in which I told him that I should certainly place this matter in the hands of the public prosecutor if I did not get my money—Mr. Wilson told me so.; I did not tell him that—I did not say when he told me that, "So shall I. unless I get my money"—I know Wilson is here—we had a conversation in which he told me he had placed the matter in the hands of the public prosecutor; he said he wanted his money—I think that was in August, in Chancery Lane—I was there only a few minutes—I had sole management of the Clapham business, except that Mr. Jackson came down now and then to see to it—he has been 13 or 14 times between 6th June and now, and he stayed half a day then.
Re-examined. Since he was at Bow Street I have had to look after the business, and I have done a good business—he is my master, and pays me—my money is there—I advanced money for his defence, because I believe he is an innocent man.
By the JURY. I did not live at the Clapham premises.
HENRY JOHN ALDRIDGE . I am married—I saw this advertisement in January, 1886, and entered the prisoner's service on February 1st—I paid down 50l. in two instalments, and was to receive 75l. a year—the 50l. was lent to me—I opened the Holloway branch; I was only there two months, and then I went home to Bristol on account of a death in the family—I did not come back again—I went to America last year for my health—I received back from Mr. Jackson my 50l., less 4l. odd—it was a legitimate business, except that it wanted working up; if I had been there it would have been a good business—I read of the case in the paper, and went to the prisoner of my own accord, and tendered myself voluntarily to give evidence.
Cross-examined. The 45l. 10s. 6d. was paid back to me in April, 1886—I don't know when the Holloway business was closed—there was another clerk under me there—there was plenty to do; houses to look after, books to keep up, and the office was undergoing repair at the time I was there—genuine books were kept of houses wanted; no cash-book or ledger was kept—I cannot say if a letter-book was—a copying press was coming, I believe—the name of Jackson and Co., 55 and 56, Chancery Lane, was up at Holloway—I employed myself going to look after houses; it was a transfer and house agency business—I was paid my salary—Hume was my fellow-clerk—I don't see him.
By the JURY. I don't know what rent was paid.
GUILTY.—Recommended to mercy by the Jury. — Twelve Months' Hard Labour.
MR. BODKIN Prosecuted.
GEORGE LOCK . I am night watchman at Horn and Crampton's, 29, Thames Street—on 10th August, about 10 p.m., I was on duty at the gate—the two prisoners and another man came up the road, and two went up the court, and one along the street—I stood there about 10 minutes, and then heard a terrible crash, which could be heard at St. Paul's Wharf—I stood a minute or two, and then heard a second crash—then I walked 15 or 20 paces towards Miles and Druce's, which brought me opposite the entrance to the court, and when I looked down the passage into the court I saw the two prisoners come over a railing by a crane, and walk quickly away—Wilkins was brought back in less than five minutes by one constable, and the other prisoner in about five minutes by another.
Cross-examined by Wilkins. I am sure you are one of the men—I never moved from the place—there were only the three men—there were a lot of people in front of you—you did not run away—I saw no young ladies at the top of the court—I was talking to one when you came back, because the crash brought up several from St. Paul's Wharf—I was standing at my gate alone when you went up.
Re-examined. There was a gas lamp between the prisoners and me, and near the railings there is a half-door with a gas light.
FREDERICK DAVIS (City Policeman 611). About 10 p.m. on 10th August I was on duty with Miles in Queen Victoria Street, and saw the prisoners running in a suspicious manner out of Lambeth Hill, a turning out of Thames Street—I sent Miles into Thames Street to see what they were running for, and I followed them—Miles came back, and said something to me, and in consequence I took Wilkins in custody—Richardson turned round, and when he saw I had got hold of Wilkins he ran away; Miles followed him and brought him back—we all went back to Upper Thames Street—about that time George Lock came and said, in the prisoner's presence, "I saw three men come along the street, two of them went up the court, the other went along the street; about 10 minutes afterwards I heard a crash, then a little while after that I heard another crash. I walked to the entrance to the court on the opposite side of the street and I saw two men come over the gate"—I said, "Do you recognise anyone here?"—he said. "Yes, the men you have hold of"—the prisoners were then taken to the station—I and Miles went to 221, Upper Thames Street, but it was too dark to see anything—next morning I went there again, and examined the first-floor window—I found it open about 6 inches, and on the outside of the barred window the ground floor, on the other side of the gate, were footmarks on the ledge, and the rust was wiped away—just inside the window were piles of crockery, and glass globes, and stove tiles, standing one on top of another, in front of the window, close to it—the window overlooks a staircase, and at the bottom of the staircase were a number of these tiles and globes broken, having fallen down the well-staircase—at the station the prisoners were searched, and on Wilkins was found some money and keys, but nothing relating to the charge, and on Richardson a cabman's badge, and a knife which would force back a window catch, and some silent matches—Richardson's hands were very dirty.
Cross-examined by Richardson. There are bars to the bottom window, all rusted over—you both had light trousers on at the station—your clothes were dirty, and your hands were very dirty.
By the COURT. There was a catch to the window—this knife would be strong enough to push it back, and thin enough to go between the sashes.
Cross-examined by Wilkins. There is a half-glass door, with a light inside, and as you got over you caught hold of the crane, which swung with you, and you dropped in front of the light—it was too dark to see anything, but anybody getting over the gate would be seen if they caught hold of the crane.
GEORGE MURRELL . I am assistant to Teuton and Rowbotham, ironmongers, of 221, Upper Thames Street—I examined the first floor stair-case window, and the premises right through, at 7.15 p.m. on the 10th; the window was fastened with an ordinary sash-fastener—just inside the window are glass globes, stacked up on the window ledge, and under the window on the staircase iron goods are stored; the glass globes had fallen on those, and such a noise would be caused by that as to be heard at 29, Thames Street—the window communicates with a staircase which communicates with all the rest of the premises—there is a large and very valuable stock on the premises—Richardson was in the employment of Teuton and Co. for from 12 to 18 months—he left some 12 months ago, I believe.
Cross-examined by Richardson. I swear the sash of the window was fastened before I left for the night on the 10th; it is my business to see.
Cross-examined by Wilkins. It is from 20 to 25 feet from the window to the ground inside, but the staircase runs in a line with the window, and you could get out on a shelf close by the window and then on to the landing; there would not be the slightest difficulty about it.
Wilkins in his defence asserted his innocence, and said that he had been with Richardson to meet his wife, and that coming away they were arrested; and Richardson said that Wilkins came with him to meet his wife, and that they turned up the court for a certain purpose, and that on coming down they were running and "larking" about, but that he stopped as soon as he heard the cry of"Stop thief."
NOT GUILTY .
CHARLES WOODFORD . I am a beershop-keeper, of 2, Haggerston Road—on the morning of 20th July I locked up my house at 12.30—the doors were secured, my property was safe at that time, and the fanlight was all right—I was aroused about 2.40, and came down and saw the prisoner in front of the bar lying on a. form, I could hardly say whether awake or asleep; a constable was close to him—I missed a clock, some cheese, cigars, and tobacco—I found, after I came back from the station, that the beer had been tampered with, I do not know if any had been drawn—I have only seen the cheese and tobacco since and some fragments of the cigars—the prisoner had been in my shop on Tuesday—when I shut it up there was no one in it.
Cross-examined. The prisoner had been in my bar two or three times the fore part of the day before—the constable found the cheese on the
floor and on the bar—the constable found five or six cigars in his pocket, I missed about 40—the five or six cigars found were mine, I could swear to them—they were sold at 1d.—they are sold at half the beerhouses in the neighbourhood, but those seemed a rather different sort to what I have bought—I missed four or five pounds of cheese; I cannot say how much was picked up off the floor—there is a fanlight for ventilation over the door; it is half a yard wide and a yard and a half high—the glass was whole; the bolts were bent and the hinges broken off—I do not think the prisoner got in by it, but that a smaller man entered and opened the doors for the prisoner to come in—the prisoner was the worse for drink—I think he had two half-pints of beer, and he wanted two half-pints on trust in the morning and afternoon, which I would not give him—he could walk pretty straight—he looked as if he had been up a great many hours, and no doubt he had.
JOHN OFFERT (Policeman J 325). On the morning of 20th July I was passing the prosecutor's beershop—I tried the door, and it opened—I hesitated a minute or two, and then heard the bolts at the door at the other side of the house going—it is a corner house, and I was in the Clarence Road—I did not try the door that the ventilator is over—I went in; I went through the private parlour into the bar, and then into the public place, and saw the prisoner standing up—when he saw me he attempted to get away, making a movement towards the door, but I was too close; he then laid down on a form and pretended to be asleep—I called Mr. Woodford up—he told me he missed a clock—after we had taken the prisoner to the station I examined the front door, and found the bolts and screws of the fanlight over it had been forced off, so that the fanlight was forced completely off—we took it to the station—the door under the fanlight was locked—when the prisoner was charged he said "It was a pity, old fellow, you did not have any more bread; the cheese was all right, and the bitter ale was very good"—he was evidently under the influence of drink after he came into the air, he did not appear so in the public-house—I searched him at the station, and found five cigars and half an ounce of tobacoo on him—cheese was scattered about, and this was tied up in the prisoner's handkerchief.
Cross-examined. It looked as if a chisel or something had been used to force the fanlight from the bolt—it is easy enough to get to the fanlight from outside; a small lamp projects from the house, so that one could easily climb up—I found no house-breaking implement—I believe there is nothing up to the present time against the prisoner—I am sure it was the noise of bolts I heard—the farther door was open—I do not remember if I said before that the prisoner tried to get away—I have no recollection of saying before the Magistrate that the prisoner was under the influence of drink in the public-house.
By the COURT. I do not think he could get through the ventilator, but a smaller person could, and could then unbolt the door—they had both doors open, so that whichever door was tried they had a chance of escape by the other.
JAMES MCINTYRE . I live at 14, Carruthers Street, Haggerston—on the morning of 20th July I was coming from the club towards Haggerston Bridge, and when I got opposite the beershop at 1 o'clock a.m. I saw the prisoner standing in the middle of the road at the foot of the bridge
opposite the beershop with another man—I said "Good night, Bob," and went away.
Cross-examined. I knew the prisoner before; I am sure it was he.
By the COURT. The other man was of about the same stature as the prisoner.
GUILTY .— Six Months' Hard Labour.
NEW COURT—Saturday, September 17th, 1887.
Before Mr. Common Serjeant.
921. SAMUEL ADAMS(32) and GEORGE WILSON (86) , Unlawfully obtaining a quantity of cigars from Arthur Edward Kettle, by false pretences. Other Counts for obtaining cigars from Leonard William Beddome. Other Counts for conspiracy.
MR. POLAND and MR. MEAD Prosecuted; MR. RICHMOND defended Wilson.
ARTHUR EDWARD KETTLE . I am a tobacconist, of 74, Queen Victoria Street—up to March this year Wilson had been a casual customer at my shop, and on 8th March I heard him propose to my assistant that he should be supplied on credit with tobacco—I said that I would attend to it—at that interview a man named Burdett came into the shop, and Wilson spoke to him—I commenced to supply tobacco, cigars, and other things, in March and April, upon written orders to the amount of 88l.; this is my account—Adams brought me this letter (produced)—it is written on the back of an envelope, so that the bearer could read it if he chose: "Kindly let my manager have half a pound of tobacco, very best; do not send any more to my private address. Yours truly, George Wilson"—there is no date to it—I supplied that tobacco, and I have an entry of the price, 3s.—I believed that Adams was Wilson's manager—Adams afterwards brought this latter written on a card so that he could read it (The front of the card described Wilson as a sanitary engineer, of 3, Albert Embankment, S. W., inventor of the crystal water filters &c., and on the back was written: "Kindly let my man have half a pound gold flake, best tobacco; I did not like the last half-pound you sent me")—I supplied that tobacco—I also received this letter, (produced) (This was on the same kind of card, dated March 23rd: "Dear Mr. Kettle, kindly let my foreman have two boxes of Larranaga cigars, also send account due up to March")—I supplied those two boxes—from time to time, up to April 7th, I was continually supplying goods, entries of all of which I have here—I think Burdett brought this next letter (This stated that he wanted to present his friend, Sir Edward Lee, who was going to form the business into a company, with a nice amber cigar tube and a box of cigars, and requested the witness to address them to Sir Edward Lee)—I supplied Wilson with a cigar tube, price three guineas, and 50 cigars at 1l. 12s. 6d., believing that they were to be sent to Sir Edward Lee for a present, and I did them up and addressed them to Sir Edward according to his directions—I had sent a sample cigar with the parcel, and on the same day I received this other letter: "Kindly let bearer have the six boxes as per sample sent, they are good enough for visitors; Sir Edward Lee is delighted with the cigar-holder and cigars; I will introduce him and his friends to you"—I supplied the six boxes, thinking he wanted them for his visitors—I did not think he was going to pawn them the same day; the price of them was 12l. 12s.—I naturally Sir Edward Lee had received the cigar-tube
and the 150 cigars, when the prisoner said that he was delighted with them—the next letter he sent was on Sir Edward Lee's note paper: "30, Cockspur Street, Charing Cross. Dear Mr. Kettle.—In case I have to go to Wales to-morrow, please send me two boxes of cigars of not more than 25 per box, and one box of Egyptian cigarettes with tube, &c.;" and he enclosed a cigar wrapper showing the brand required—I supplied him with those two boxes and the cigarettes—the note also said, "You can calculate on receiving my cheque before Saturday"—I did not receive any cheque—I think I had sent in my account at that time—I accepted as true the statement he made of his having arranged for a visit to Wales—I next received this letter from him: "Please let me have 50 cigars, and charge the same to my account. Yours truly, George Wilson"—somebody called on me who I did not know, and I supplied him with these cigars, price 1l. 2s. 6d.—I had been to this engineering works and potteries at 3, Albert Enbankment, and I believed they belonged to Wilson, and that he carried on business there—I received other letters after this bearing the same heading, and I supplied him with other goods—Adams, I think, fetched the larger portion of the goods—I did not know when I supplied these goods to Wilson that he was an undischarged bankrupt, he did not tell me that—when the debt got to over 88l. I pressed for payment, and wrote letters, and ultimately put it in the hands of my solicitors—I have never recovered anything—on 23rd March I have two boxes of cigars in my account—I have identified some cigars since, but I don't know whether they are those or not.
Cross-examined by MR. RICHMOND. Wilson came to my shop several times previous to 8th March; he used to come in two or three times a week—I do a good business—I sent the goods on the representation that I should be a paid monthly, I had no other representation—I am not in the habit of letting customers run up their bills to 88l.—I did not make inquiries about Wilson—I should have decidedly objected to supplying Adams with the goods if Wilson had not wrote on the cards that he was his foreman; I only supplied them to Adams because I thought they were going to Wilson—I should not have refused to have sent them if he had said "I want these goods to present to Sir Edward Lee"—I should have refused to have sent them if he had said "I went the cigars to present to Sir Richard Moon," but I thought Sir Edward Lee was forming these works into a company—if he had only said, "I want these cigars," I might have declined to supply them, because I should have been inclined to think he could not have smoked them all—nothing was said to me about pawning them—when the account had run up to 40l. I wrote and asked for payment, and Wilson wrote and also called on me; he said the works were being formed into a company, and that the Admiralty authorities were practising some patents of his, and he expected a deposit in a few days, and I should then have a cheque—I went to the works at 3, Albert Embankment, and saw the name of Janaway up; I thought there was some mistake about it, and I then saw a gentleman standing at the door; he said "Who do you want?" I said "I want to see Mr. Wilson, but I think there is some mistake, as I do not see his name"—he said "It is quite right"—I said "Is Mr. Wilson in or can I see him?"—he said Mr. Wilson was not in—I then asked him when he would be in, and he said it was rather uncertain, as he was away on business, and he might return shortly, or he might not come back till late—I
then said "I don't see the name of Wilson here at all, are these his works? it seems strange that 'Janaway' is over the works"—he said that Wilson was trading under the old name, that he had purchased the works, and that there were several uncompleted contracts in hand; and he gave me such a satisfactory statement that I thought the works were Wilson's—I did not see a big signboard up with the name of Wilson on it—I saw Janaway's name up—I had sent goods to the amount of 7l. when I made these inquiries, and after that I sent these others—I did not hear that Wilson had been successful in inventions some time ago, and that he had received large sums of money.
Re-examined. I believed that Wilson was carrying on a business at 3, Albert Embankment, and that he was employing persons there—I don't know who the person was at the works who told me this—I relied both on the statements on the cards and on the inquiries I made—he said that they were having meetings daily for the formation of this company, and that the cigars were going to these meetings—I should not have sent them if I had known they were going to be pawned the same day—I have lost my 80l., besides solicitor's costs and other expenses.
HENRY ALFRED STAGEY . I am Superintendent of Records in the Bankruptcy divison of the Supreme Court—I produce the file of proceedings in the bankruptcy of George Wilson, of 6, Adelaide Place, London Bridge, engineer—he was adjudicated a bankrupt on 10th January, 1884, and has never been discharged—his liabilities are 2,700l., and his assets nil—there were three subsequent petitions by different creditors to have him adjudicated a bankrupt, one on 7th July, one on 30th July, and one on 4th September, 1884—the first and second were adjourned sine die, and the third was dismissed.
THOMAS JANAWAY . I have potteries at 3, Albert Embankment, where I employ workmen, and manufacture things—m June, 1886, Wilson came to me and gave me an order for some filters, and spoke about taking an office there—ultimately he agreed to take two rooms at 4l. a month, payable in advance, and he paid 4l. and entered into possession in June, where he remained till February or March this year—he has paid me no rent since—I manufactured the filters for him, but have not been paid for them—they all remain on my premises with the exception of one—he had no other premises there but the two rooms I let him, and he worked his experiments in there—he made a proposition to me about turning my works into a limited liability company, and that his business of patent filter making should be connected with mine, and he showed me a prospectus which he had prepared with regard to it—it has never been sold to a limited liability company, and I have never received a farthing with regard to that—he has no name up either on the premises or offices—there was no agreement at all between us—there was a letter-box there which he had access to—I gave him no formal notice to quit, but I told him that all communications were to be stopped between us—he did no business there after March, or at any time.
Cross-examined. He had a right as a tenant to have letters addressed to my place up to July last—I did not say to Wilson "From this date you cease to be my tenant," but it was an understood thing—I made 50 or 60 filters, and they are still on the premises; some of them are not perfect—I was to have a stipulated sum for my business if it was sold—I made these filters from Wilson's model—he had one room for experimenting,
where he was trying to get these models right, and an automatic sanitary invention—he had things put up and saw whether they answered, and I believe it turned out successful—I was prepared to let him have further premises if those two rooms had not been enough—he also had water laid on in order to test these things—mine has been a good paying business, and if these negotiations with the company had been good, I could easily have extended and made a big business of it.
Re-examined. Mine is a well-established business, I have been there 40 years—I expected to be secured on my business before I parted with it—he mixed the ingredients for putting into the filters, and had water laid on to see if they acted—a particular construction in the filters required practice—not one of them was sold to my knowledge.
SIR EDWARD LEE . My business address is 81, Queen Victoria Street, and I am the representative now of a firm of champagne shippers at Rheims—I was formerly the managing director of the Alexandra Palace Co.—I have known Wilson seven or eight months—I made his acquaintance by his addressing me as Sir Edward Lee on board a steamboat near Lambeth—he told me he had been an exhibitor at the Alexandra Palace—there had been an exhibition of sanitary appliances there—when on land he pointed out to me 3, Albert Embankment, and said he was conducting experiments there in his office—he afterwards told me Janaway's business was a good one, and that Mr. Janaway wanted to retire, and he wanted to know if I could secure capital to form that company—I made an appointment to see him later on, and introduced him to some gentlemen to see if they could help him to turn Mr. Janaway's business into a company, but nothing came of it—I did not personally go into the matter, but he showed me a prospectus; I had nothing to do with drawing it up—I gave him what assistance I could—I never received a box of cigars or a cigar-tube from him, and I never said I was delighted with them; nothing of that ever happened—I smoke, and he has offered me cigars and he has had cigars from me—there was some conversation between us about going to Wales—I don't know how he came to use my note-paper, but it is lying about at my office, and Wilson was then on intimate terms with me.
Cross-examined. I went and saw his rooms—they were sufficient for his purpose—if he had left any of these cigars at my office I should certainly have seen them, but I cannot say what happened in my absence—I don't remember one of these tubes being offered to me—he spoke to me of some inventions in which he had been successful, for which ho said he had received large amounts—I regarded him as a man of exceptional abilities in inventions, and a capable business man—I don't remember the name of Adams being mentioned.
Re-examined. He used the room for making filtering medium—I went into the figures about this company—he said Janaway's business was to be incorporated with his if a satisfactory price was paid, and if the people responded to the appeal then it might be a success.
HENRY CHEEK .I am assistant to Messrs. Adams and Halstead, pawnbrokers, of Borough High Street—on March 23rd Wilson pawned two boxes of cigars with me for 2l., late in the day—they have not been redeemed. (MR. KETTLE identified these goods as sold by him to Wilson on 23rd March, between 4 and 5 p.m., for 4l. 10s.) On March 26th Wilson pawned two boxes of cigars for 2l., and on the 31st five boxes. (Identified by Mr. Kettle as sold by him for 4l. 10s. and 6l. 16s.) On April 7th six boxes
were pawned by Wilson, late in the day; those have been redeemed—on April 13th one box was pawned for 15s. in the name of E. Lund; and on April 28th, two boxes were pawned by Wilson and not redeemed.
GEORGE LOVELL . I am a builder and publican, carrying on business at the Duke of York, 47, Borough Road, Southwark—in March last I knew Wilson—he showed me a pawn-ticket relating to cigars, and asked me to lend him some money on it, as he was short of money to go home by train—I went with him to the pawnbroker's, saw the cigars, and was satisfied about them, and gave him 30s. for the ticket, and redeemed the cigars for 6l. at the same time; I produce a portion of them, and the two empty boxes which Mr. Kettle identifies—Wilson had introduced me to Adams in February—they came together one evening and asked me to cash this cheque. (Dated 24th January, drawn by Adam on the City Bank in favour of George Wilson for 6l. 10s., endorsed George Wilson.) I gave the money to Wilson, Adams being present—I paid the cheque away at the City Chambers, Guildhall, and received it back marked "Refer to drawer"—I received the 6l. 10s. from Wilson some days after.
Cross-examined. I have known Wilson some time—I have not cashed cheques for him before—both Wilson and Adams came to me shortly after the cheque was returned, and Wilson said he was not aware Adams' account at the bank had run short, and he was not aware that Adams had a reserve of 125l. in the bank, but that some bills had fallen due and the bankers had not given him notice—he did not do this with any wilful intent; he was, I believe, ignorant of the state of Adams' account—I always found Wilson an able man, and a good business man—I was satisfied with his ingenuity, and I have assisted him in carrying these things out—he had a model of an hydraulic propeller, which was being made at Victoria Street, and if it had been ready in time it would have been paid for; he had an appointment at the Admiralty, but in the experiments the day before something happened to it—he also promised me a filter to exhibit on my counter, but I did not get it, and the explanation was that the filters were not made to his order, and he was not able to furnish one to me—he had a double room, with filters and a quantity of materials in it, for putting in the inside of filters for the water to go through.
Re-examined. I did not see the model—I know nothing about ship-building or propellers—I had goods back from Wilson for this cheque; paint, which I hear now has not been paid for.
ALFRED COTTON . I am manager to John Addison Russell, pawnbroker, of 37, Fore Street—I produce some cigars pledged on 30th March for 1l. 10s. (MR. KETTLE here identified these as the cigars he parted with on the same day, price 4l. 10s.) On 5th April a box of cigars was pledged for 1l. (Sold by Mr. Kettle on the same day for 2l. 5s.) Those have been redeemed—on 9th April a box of cigars was pledged by Burdett for 1l. (Sold by Mr. Kettle the same day for 2l. 7s. 6d.) Those have been redeemed—on 14th April four half-boxes were pledged for 4l. 10s.
LEONARD WILLIAM BEDDOME . I am a cigar merchant in partnership with Mr. Shute at 77, Commercial Road—on 28th August Burdett brought me this letter. (From S. Adam, 415, Mansion House Chambers: "April 28th. Gentlemen,—Your name has been given to me by Mr. Thompson. Please send me three boxes, price not to exceed 5s. per 100. Bearer will deliver those at my private residence, 3, Raleigh Road, Hornsey.
I enclose reference.") There were two persons named Thompson on our books—this card was in the letter: "George Wilson, civil engineer, Victoria Street, London, E, C."—I told my clerk to go round to Mr. Wilson to make inquiries, and I told the bearer to sit down until the clerk, returned—Mr. Baker made certain statements to me, and I gave Burdett, the bearer, three boxes of cigars value 6l. 15s.—I believed then that what Baker told me was true, and that Adams was carrying on a business at Queen Victoria Street as a timber and hardware manufacturer—if the letter had not been headed in that way I should have taken a great deal more trouble to ascertain what the people were—Baker also supplied other goods in my absence—subsequently Baker reported something to me about Adams' position—at that time I had received no payment for the cigars; correspondence passed between us, but no money was sent—on 9th June I went with my solicitor, Mr. Abbott, to see Wilson at 64, Queen Victoria Street, in consequence of what I had heard—I there saw Wilson talking to Burdett, Adams' messenger—I told Wilson that Adams' account was extremely unsatisfactory, and I wished him to explain how things were—he said he was sorry to hear about it, he had no idea but what Adams was thoroughly straightforward and honest in every way—he also stated that Adams owed him, I think, 80l. or 90l. on a bill, and I think he said that he had summoned him for non-payment—my solicitor said to Wilson "Well, we may as well work that together; you are suing Adams, we intend to sue him ourselves; will you give me the name and address of your solicitor?" which Wilson declined to do, but said that his solicitor should call on my solicitor, Mr. Abbott, next day, which to the best of my belief he did not do.
Cross-examined. I only know that my solicitor told me no such thing had taken place—Baker took the letter with him when he went to see Wilson, and asked for a certain quantity of cigars; the amount was 6l. 15s.; he knew how much they would come to—I relied on what Baker said and on the heading of the letter—I caused inquiries to be made afterwards, not on that occasion—I considered Wilson's reference sufficient as told me by Baker—Wilson did not represent that Adams had offices at that address—I sent the goods because my clerk told me that he had made inquiries, which were satisfactory—I had not seen Wilson—I cannot swear to what Wilson said to my clerk—my clerk said "Oh, this is perfectly correct, I have known this man for years, he has paid me large sums of money, and he is quite safe"—when I want a reference I give the referee some idea of the amount of the credit—I never saw Adams; he did not come to my place and have samples, but Burdett came, I should say, from what my clerk told me, on his own behalf, and had samples, that he might be able to sell them—I was not in the office at the time.
Cross-examined by Adams. I received this letter (produced) from you by hand, saying that you had been disappointed in receiving some cash, and sanother by post.
Re-examined. I have not received the money—Burdett only had two or three cigars, to the best of my belief—if I had known that this was a fictitious cheque I should not have had any dealings with Burdett—the letter said "Please send me three sample boxes," I anticipated further dealings from that—I sent Baker with the letter to show to Wilson, and I considered when he came back, that Wilson had read it, and if Wilson
had said that he did not know Adams was living there I should have made inquiries at once.
WILFRED BAKER . I am clerk to Messrs. Beddome and Shute—on June 28th Mr. Beddome sent me to make inquiries, and I went to 164, Queen Victoria Street and saw Wilson, and showed him this letter and his card—I said "We have received this letter, do you know the writer?"—he said "I know him very well and have done a good deal of business with him; he has paid me pretty considerable sums of money, and he is all right"—I said "Is this Mr. Adams's handwriting?"—he said "Yes"—I described the bearer of the letter—he said "Oh yes, he is a very respectable man, he is employed by Mr. Adams and myself on messages, his name is Burdett"—I repeated that to Messrs. Beddome—on 31st May I was managing the business in Mr. Beddome's absence, and Burdett came and handed me this card: "S. Adams, 415, Mansion House Chambers, and 11, Queen Victoria Street," on which was written: "Gentlemen, kindly let bearer have three boxes Carolinas, same as sent on Saturday, and I will send cheque per return"—I then gave Burdett three boxes of cigars, value 7l. 4s., believing the statement on the card—next day Burdett brought this letter and order: "From Geo. Wilson, Sanitary Engineering Works, Lambeth. Dear Sirs,—The bearer has prevailed on me to try your Havannah cigars, therefore please execute the above order and supply me with cigars"—Burdett selected three boxes of cigars, which I said I would send to Wilson's office—before that I went to Queen Victoria Street, because Adams had promised us a cheque—I did not find Adams there, and went to Wilson's office, and said to him "I have been to Mansion House Chambers and find that Mr. Adams has been sold out of his office, he has not been there for four or five months; the secretary, who lives in the building, tells me that he is a very doubtful character"—he said "I always address him at his works at Hornsey"—I said that as he had given us a reference to Adams, I could not understand why he did not know all about it—he appeared surprised, and said "He gave me a cheque a day or two ago on the City Bank which was all right, but I will make inquiries; a bill for 90l. is coming due very shortly, and I will see into the matter"—as I was leaving he said "Oh, you need not execute that little order of mine which I sent"—I went to Raleigh Road; it is a small house, there are no works there; the hall seemed bare, I did not notice any stair carpets, and the blinds were drawn down—a woman opened the door to me, the house did not look furnished.
Cross-examined by MR. RICHMOND. I only know Adams by that name, but am told that Wilson has another name—I went to Wilson's first, and three days afterwards I went to 11, Queen Victoria Street—I went to Adams first to collect the cheque and found he was sold out of his office—at our first interview Wilson said that Adams had large timber and slate works, and I always addressed my letters to him at Raleigh Road, Hornsey.
ALFRED COTTON (Re-examined.) On May 28th a man named Burdett pawned three boxes of cigars for 2l. in the name of Lund and Co. (Mr. Beddome stated that he had seen these cigars and they were what he supplied to Burdett on May 5th.) On May 31st three similar boxes were pawned in the same name (Identified by Mr. Beddome.) I know neither of the oner.
GEORGE FOWLER . I am the secretary of Mansion House Chambers, 11, Queen Victoria Street—on 24th June I let room 415 to the prisoner Adams at 40l. a year, the tenancy to commence at the half-quarter—the first rent was paid in September, 5l. 19s. odd, by a cheque given by Adams, which was returned unpaid, and in October I had to levy a distress—then there was a quarter due, 9l. odd, which we got by seizing the goods—in November Adams consented to give up the premises as he was unable to continue, and he vacated as from December 25th; here is the letter he wrote (Dated November 29th, enclosing cheque for 5l. 19s. 7d. for rent to Michaelmas, and stating that through unforeseen circumstances he could not continue.) "S. Adams and Co." was written up, and I think he said he was agent for some firm.
Cross-examined by Adams. It may have been "S. Adams" only—I levied a distress in October for rent due in December, and your solicitor told me that that was illegal—you asked me if I would buy your goods, and I refused unless I could have them for the rent due, 5l. 19s. 7d.—I said I would put them in the store-room, and you could have them up to a certain time by paying the rent.
Cross-examined by MR. RICHMOND. I never saw Wilson there.
ELLIOTT SMITH . I am a house agent, of 28, Turnpike Lane, Hornsey—I let 106, Robert's Road, Hornsey, to Adams, at 26l. a year, and had to distrain for the rent, and got 2l. 10s.—he gave me notice to leave—we offered him the goods to repurchase them; he asked for time, and then ran away with some portion of the things—the things were appraised at 3l. 14s.—it is a small house, there are no works and no slate business.
Cross-examined by Adams. When you took the house you paid me 10s. deposit—you paid me 2l. during March, and after that I got 10s., making 60s.—I did not ask you to go away, but you did so on July 4th—you were to meet me on the Saturday evening to pay me the difference, but I called three times on the Saturday evening—the distress was put in on 6th June.
Cross-examined by MR. RICHMOND. I did not see Wilson near the premises, and I was very much about.
FREDERICK RICHARD PRATT . I keep the Booth's Head, Clapham—I cashed this cheque for a customer (Drawn by Samuel Adams in favour of George Wilso for 4l. 2s.) I paid it into my bank, and it came back marked "Refer to drawer," and I paid it in again, and it was returned again—I do not know Wilson.
ALFRED THOMAS COOPER . I am second officer in the City Bank, Queen Victoria Street—Adams opened an account there with 60l. in July, 1886, of which I produce a copy—he now owes us 50l., and with our solicitor's costs about 80l.—he had no balance on February 21st—this cheque for 5l., drawn by him on February 23rd, in favour of George Wilson, was returned marked "Refer to drawer"—there was no balance to meet this cheque of February 26th, produced by Pratt, and our cashier marked it "Refer to drawer"—it was paid in again, but there were no funds to meet it—this cheque for 6l. 10s., dated Feb. 21, 1887, is marked by us "Must see drawer"—our arrangement with Adams was that we should retain 175l. against some bills of his which we had—they were not all dishonoured, but bills were dishonoured to the amount of 175l., and 50l. more is due to us.
Cross-examined by Adams. We were satisfied with them, or else we
should not have taken them—we also tried to get the money from Masters, the acceptor—we kept the 175l. balance.
Cross-examined by MR. RICHMOND. I do not remember Wilson coming with Adams to inquire about the state of the account.
ALFRED MAINWARING . I am a clerk in the London and South-Western Bank, Bermondsey branch—I produce a copy of Wilson's account there, which was closed on August 3rd, 1887, when there was no balance due to him or to us—the account was opened on June 16th, 1887, with a 100l. note and a 20l. cheque—there was no balance on 20th August.
FRANK LAWLEY (City Detective Sergeant.) On 2nd August Adams was brought to the City office, and I read the warrant to him—he made no reply—I searched him and found a blank invoice of his own at 11, Queen Victoria Street, 7 1/2 d., this card, "S. Adams, 411, Mansion House Chambers, Queen Victoria Street," and a number of pawnbrokers' duplicates for wearing apparel, which were given to his wife—I afterwards found Wilson at 164, Queen Victoria Street, and read the warrant to him—he said "There is nothing in it, I have a complete answer to the charge, it was done through that scoundrel Adams, I suppose; I have a dishonoured cheque of his now in my possession"—that is the one which has been produced—he said "There are my books, you are at perfect liberty to search, you will see that I am doing a genuine business"—I said "Have you a cash book or ledger?"—he said "No, that is all I have got"—there was a letter-book with only three letters in it, and a rough diary, and a number of bills for things which he had had, which are not receipted—he said that he was just bringing out a large company, and it was an unfortunate thing that he was arrested, but it would be all right on Monday—I found 3 1/2 d. on him.
Cross-examined. Wilson offered me every facility—he said "Had you arrested me a day or two ago you would have found a large sum on me." Wilson in his statement before the Magistrate said that he had known Adams seven years, and met him in February this year, having missed him for four years; and that he asked him to cash a cheque for 5l., which he did, and it came back dishonoured; that he then went to Adams, who said that he could not account for it, and showed him his pass-book with a balance of over 175l., but owing to an arrangement with his bankers they had returned that cheque and another, and that the bank solicitor had entered into litigation, in which he was interested, pending which it was inconvenient to recoup the money; that he then engaged Adams as his foreman and manager for a few weeks, who told him that Mr. Burdett had obtained an agency for cigars for an old City house, and wished to refer to him (Wilson), to which he agreed, believing he was good for the amount asked for.
WILLIAM BURDETT . I am a commission agent, of 21, Manchester Street, Argyle Square—I have known Wilson nearly seven years—early in March this year I saw him with two other men; Adams is one of them—on the Tuesday following he said that Adams was in a large way of business in Mansion House Chambers, Queen Victoria Street, as a builder's merchant—after that I saw Adams and Wilson together almost every day, and I was sent to fetch boxes of cigars four times to Mr. Kettle with Wilson's
written orders, and twice to Messrs. Beddome and Shute's with Adams' written orders—I also got an amber tube and six boxes of cigars, and gave them to Wilson—I only pawned the cigars pledged at Russell's—Wilson told me to pawn those I got for him, and Adams those I got for him—I gave the money and tickets to them—when I pawned the cigars which I got at Beddome and Shute's I met Adams at Wilson's office, and gave the money and ticket to him—he kept half the money, and gave a quarter to Wilson and a quarter to me—I pawned several of them in the name of Lund, as I had pawned things there before in that name, and they had got the name and address—I was acting as Wilson's clerk for six weeks, and got 24s. or 25s. in odd shillings now and then.
Cross-examined. I got nine samples of cigars.
Adams produced a written defence, stating that he had paid 957l. for goods up to December; that he then became Wilson's foreman, and was paid as an ordinary servant, and never received anything else; that Wilson gave him an order, and afterwards served him with a writ, though he owed him nothing.
GUILTY . ADAMS then PLEADED GUILTY to a previous conviction of felony.— Twenty Months Hard Labour. WILSON**.— Twenty Months' Hard Labour.
OLD COURT.—Monday, September 19th, 1887.
Before Mr. Recorder.
MR. POLAND and MR. MEAD Prosecuted; MR. BESLEY Defended.
HENRY ERNEST FITZWILLIAM CUMMING . I am a solicitor and a clerk in the Solicitor's Department of the Treasury at Whitehall—in November, 1883, the prisoner communicated with me in reference to the estate of John Kerry, who died intestate in 1882—he was then acting for Miss Wicks, who afterwards became Mrs. Hall—I received letters from him, and ultimately at the end of March, 1837, I took out letters of administration on the ground that Kerry died intestate and left no relations—that gave me legal right to the estate—I wrote to the prisoner, to hand over the securities (the Post Office Savings Bank book and building society's book) belonging to the estate, to enable me to get the money—afterwards, about the end of April, the prisoner came to me to the Treasury bringing me the Post Office Savings Bank book and the building society's receipts—he asked me to pay him his bill of costs as he had a lien on the securities—I said I would pay any charge fairly incurred by him—he produced his bill and I went through it with him—the total amount was 25l. 7s. 10d.—I disallowed two items entered under 1883, but which related to work done in 1886, preparing an assignment of certain debts to Eliza Hall and travelling and hotel expenses—I paid him the balance 8l. 11s. 10d. by an order; his receipt is on the order—on 25th May he called again and asked for 5l. 12s. 6d. for Mrs. Hall—I said I should not hand him the money unless Mrs. Hall had authorised him to have it—he said "I wish you would let me have the money"—I refused, and then said he could have an order payable to Mrs. Hall, as her solicitor, and he said "Oh, very well, then, I will have that," and I had the order made out payable to Mrs. Hall while he waited, and he wept
away with it as her solicitor—where the signature now appears "E. Hall" was blank, and there was no stamp on it—for the 5l. 12s. 6d. he produced some vouchers, which he had received from Mrs. Hall, for payments she had made on behalf of the estate—after that we had an application from Mrs. Hall for the money; I made inquiries and found this. order had been presented, and on 1st June we put the matter into the hands of the police, and got a warrant on 8th June—I got this letter from the prisoner. (This is dated 7th June, from 2, Vigo Street, and enclosed a statement of a claim for board and lodging made by Mrs. Hall, and requesting payment of the same in order that prisoner might be paid the balance of his charges, he having only received part from Mr. Cumming, and stating that on receiving a satisfactory reply he would communicate with Mrs. Hall)—Mrs. Hall is now claiming the 5l. 12s. 6d.
Cross-examined. These are the 12 letters I referred to—these are all the letters I received from the prisoner, except the first one, which I cannot find—the first information we had of Kerry's death and estate was from that letter from the prisoner—I had never heard of Eliza Wicks till then—we only made inquiries through the prisoner, as he was acting as her solicitor—I never asked for the letters that passed between Kerry and Wicks, I have not got the originals—after the payment of the 8l. to the prisoner it was arranged that he should prepare a memorial to have the residue of the estate paid to Mrs. Hall—I believe the first letter from the prisoner amounted to this, that Kerry wanted all he died possessed of to be given to Wicks—Eliza Wicks had paid 5l. 12s. 6d. on account of Kerry after his death—there was a claim put forward on behalf of Miss Wicks for 75l. on account of Kerry having lodged and boarded with Miss Wicks's father and mother for seven years—the claim for 75l. has not been allowed—there would be nothing unusual in it if it were a good claim, but it is not, because Kerry never had that board and lodging—I have seen Mrs. Hall since and refused to pay that; it was not a satisfactorily proved claim—I have heard they were in service together, she was housemaid and he butler to Mrs. Humphreys, and that they were engaged to be married—I replied to one of the prisoner's letters "What you urge on behalf of Miss Wicks will have consideration"—I don't know the date of the advertisement—I received this from the prisoner (Regretting that he had not been able to write before owing to serious illness)—that was two years after the first letter—I asked him on 21st November to send me a copy of the first letter as I could not find it—we did not advertise before that letter of 21st November; I don't think we had information of where and when Kerry died, &c.—afterwards I believe I was supplied with particulars of his debts and so forth—I received this letter from the prisoner. (Unclosing list of debts, counsels opinion, and copy of letter to Miss Wicks and one from her to prisoner.) This is a letter from Kerry to Miss Wicks. (This contained the passages: "You are welcome to everything I have got;" "Of course you will have the management of it all, because all is yours.") I wrote this on 29th October, 1886. (Requesting to be furnished with Miss Wicks' address, and that of the building society, and information as to who paid the burial expenses and to what they amounted.) I should think the advertisement had been out with no result at that time—I saw him about the end of April—on 1st April I had the address of the building society, and of the Hearts of Oak Benefit Society—I understood the 5l. 12s. 6d. was a claim independent
of the 75l., and of the bounty she sought from the Treasury—when I disallowed his expenses of coming to London he did not say she had come with her husband to the Inns of Court Hotel and had a long conference with him—I never inquired whether he did come to London—the date of the assignment fixes the date of his journey to London, because it says in the item that he prepared it then—he would not have dated the assignment backwards or forwards—I think he left the assignment with me when I paid his bill in 1887—he has put it under 1883 in his bill—it looks as if the assignment was drawn in blank with a blank date to it—the 75l. was first mentioned as being the father's and mother's claim in 1884 or 1885, I think when he sent it in one of his letters—Miss Wicks got an assignment from her father and mother of the 75l.—when I said I would not pay for his journey to London I said that would be for him to recover from Mrs. Hall if she ought to pay it; the administrator could not pay it—I said "That is a matter between you and your client"—I did not tax the bill; I am not a taxing-master—after that he asked me to pay what money I paid to Mrs. Hall through him; I should do that in the ordinary way—he told me it was her desire that he should receive the 5l. 12s. 6d.—I showed the prisoner a form of memorial for getting the residue of the estate paid to Mrs. Hall—I don't think he said that he should get counsel to settle the memorial; if he had I should have said "We don't care about the form of it, so long as we have it"—the letter with the postmark 9th June would not reach me till after I had sworn the information—the enclosure in that letter was the 75l. claim; it referred to the hope of getting the residue paid over and the whole matter settled up—he said when he came to see me that he had not been well—he did not appear to be very well—I should say 30l. would be a great deal too much for what he did from 1883 to 1887 with the assistance he gave me and counsel's opinion; it ought to have been all finished up—it all depends on the items and on the number of letters and the number of visits to London, and the time occupied—I should say that 30l. was a great deal too much for what he did from 1883 to 1887; it was all delayed through him; he would not answer our letters.
Re-examined. I gave him the 5l. 12s. 6d. as Mrs. Hall's solicitor; I was dealing with him as her solicitor, not direct with the client.
ELIZA HALL . I am the wife of Charles Hall, a butcher, and live at Victoria Terrace, Dovercourt, Essex—in 1882 I was acquainted with John Kerry; we bad been fellow-servants and friends; he died that year—after his death I came into communication with the prisoner, who was a solicitor; that was through my mistress; I did not know him before—he was to make inquiries so as to get me a portion of Kerry's estate—from 25th March to 1st April I paid him various sums of money amounting to 15l. 16s. on account of the work he was doing—he gave me these receipts—on 29th March, 1886, he prepared an assignment to me of my father's and mother's claims on the estate—I afterwards received these several letters from him. (In one of these, dated 7th January, the prisoner stated that he had received the cheque for 5l. 12s. 6d. from the Treasury solicitor, which he had cashed, and received the same on account of his costs.) Until I received that letter I was not aware that he had received that for me—I don't think he was authorised to receive it—I did not authorise him to sign my name to any order, or to get the money upon it—the lady who employed
him told that he had been struck off the Rolls—I have received nothing on the estate—I had paid this 5l. 12s. 6d. out of my own pocket.
Cross-examined. He did not ask me to give a voucher for it—Kerry died at 15 Robert Street, Grosvenor Square; he had been staying there about a week—they made this claim, and I paid it—Mrs. Humphreys introduced the prisoner to me—he was butler to Lord Sefton at Penrhyn castle three years; I was housemaid there one year—we left when the earl died, eight or nine years ago—I know of no reason for the delay from 1882 to 1887—I wrote several letters to the prisoner, but received no answer—Kerry was very anxious to marry me, and we should have been married but for the fact of being in the same service—down to March, 1886, all the matters were arranged with the prisoner through Mrs. Humphreys; I did not see him till he called on 7th May, after I was married, and asked me for money—I have been married two years—Kerry boarded and lodged with my father and mother, and for that they claimed 75l.; 15l. a year—I don't think that was too much—I paid the prisoner 6l. on 30th March, 1886; my husband paid him the last sum, 5l., 16s—I have never had any quarrel or disagreement with the prisoner.
HENRY RUSSELL . I am superintendent of St. James's Restaurant, Piccadilly—I know the defendant, and cashed this order for him on 25th or 26th May—it was in payment of some refreshments, and I gave him the change—it was already endorsed—I paid it in to my bankers.
Cross-examined. He said it was for services he had rendered.
HENRY WHITE (Detective Sergeant.) This matter was put into my hands on 1st June—I made inquiries, among other places, at 2, Vigo Street, Regent Street, a stationer's, where they take in letters—on 8th June I obtained a warrant, and tried to find the prisoner—on 8th August I found him at the Albany public-house, Portland Road—I read the warrant to him—he said "I am not guilty of any forgery or any intentional fraud."
Cross-examined. He told me that he had been visiting at Captain Greatorex's, at Ealing; that is true, he had been there occasionally—he was in bad health, he was suffering from the effects of drink for one thing.
The prisoner, in his statement before the Magistrate, denied that he was guilty of any fraudulent intent, that he had done the best he could for his client, and, having been largely out of pocket, he considered he had a perfect right to retain the 5l. 12s. 6d. on account of his costs.
NOT GUILTY .
NEW COURT.—Monday, September 19th, 1887.
Before Mr. Common Serjeant.
MR. WARBURTON Prosecuted; MR. AVORY Defended.
August, about 3.10 p.m., the prisoner came in, and requested to be shown some gold watches—I showed him several gold hunting watches, and amongst them one price 21l.—he selected that one, and then required to be shown some gold Alberts—I showed him a tray full, and amongst them was one price 11 guineas, which was the heaviest chain there—he particularly requested a chain of that pattern, and a watch as near like his previous one, which he said he had lost, so that his friends should not know that he had lost his watch and chain—he then said "I have an invalid brother who requires a clock"—I asked him if he would like to select a clock for him—he said it was rather disagreeable to select for other people, and he should prefer my sending three clocks up to his house—I asked his address, and he put down this card, "J. A. Birch, 1, Queen's Gate Terrace"—after selecting three clocks he came back to the counter and said he should like to take the watch and chain with him—I got them ready for him, and he then said "I suppose you would like to be paid for this watch and chain?"—I said "Certainly"—at the same time he took out a cheque book and a banker's pass book, which he laid on the counter, with the name turned so that I could read it, it was "J. A. Birch, Esq."—he then wrote this cheque, which amounted, with the discount taken off', to 31l. ("Aug. 18th. Pay Messrs. Pain, or bearer, 31l. J. A. Birch.")—he took the watch and chain away with him, and next morning, as arranged, at 11.15, I took the three clocks to 1, Queen's Gate Terrace—I had some conversation with the servant, and found that Mr. Birch lived there, but that he had no invalid son or brother—I presented the cheque at the Sussex Place branch of the London and County Bank, and it was returned to me marked "Drawer's signature forged"—I had been to the police-station previous to that—I went again to the station on 24th August, and saw the prisoner standing with a number of other men—I went up and down twice, I had doubts about the prisoner's identity—he was dressed differently then to when he came into my shop, and he looked shorter, but after looking at him attentively I came to the conclusion he was the man—he was in my shop a quarter of an hour or 20 minutes, and was the only customer—in the evening I was again called to the station, and was then shown a cheque book and card case, and was asked whether I had seen them before, and they were the identical ones which he laid on my counter.
Cross-examined. When I first saw the prisoner at Vine Street he appeared shorter than the man who came into my shop, but when I saw him a second time he came out of the corridor erect, which he was not before, and I recognised him—I hesitated on account of his being shorter, and being dressed differently—the man who came to my shop had a slight moustache—I am as positive of that as I can be with casual observation—I did not notice the colour of his eyes—I do not recognise him by his voice; I have only heard him speak once since that afternoon, and a person's voice may change, I moan they may have a cold—he was a perfect stranger before—the other men were not like him—I won't be positive whether the man who came into my shop had whiskers or not.
ELLEN STUBBINGS . I live at 261, Vauxhall Bridge Road—the prisoner occupied two furnished rooms there for two weeks—I pointed them out to Inspector Langrish—he only paid me one week's rent, the other week was up the day he was taken in custody—I let other rooms in that house, I have two gentlemen there now; one is and one is not the same as lived
there when the prisoner was with me—the prisoner had friends in his rooms while he was there, and I remember a man sleeping with him twice—I don't think I should know that man again—I did not let him out in the morning, but I saw him at breakfast—he was a tall gentleman—the last night he was there was three or four nights before the prisoner was arrested—I have not got any of the prisoner's writing with me, the police did not ask me for any.
Re-examined. He paid me his rent in cash.
JOHN LANGUISH (Detective Inspector C.) About midday on 24th August I arrested the prisoner in Wilton Street, Pimlico—I had sent a letter to him at No. 261, which I found in his bed room afterwards—about a quarter of an hour after I had sent it he came out and looked round, and then bolted up the road; he then turned round again and went towards Victoria Station, I caught hold of his arm and said "You will be charged with obtaining a gold watch and chain from Messrs. Pain and Co., of New Bond Street, by means of a forged cheque"—he said nothing then—at the station, when I read the warrant to him, he said "I utterly deny the charge"—I went to his rooms, which Mrs. Stubbings pointed out, and found there these papers and pass-book, cheque-book, and card-case containing cards with "Mr. J.A. Birch, 1, Queen's Gate Terrace," on them—they are exactly similar to the one produced—the counterfoil to this cheque of 18th August is torn out of the cheque-book—Mr. Dunn was taken to identify the prisoner before I told him about the cheque-book being found.
Cross-examined. I did not ask the landlady for any of the prisoner's writing, but I have got some which I imagine to be his in this memorandum-book—this envelope and this memorandum, which I found in his bed-room, are in my writing, with the exception of the words "20 minutes" on the back, which I imagine to be the prisoner's writing—this is the note I wrote to him: "Dear Charles,—Must see you in first-class waiting-room of L.B. and S.C. Railway, send word by bearer how long you will be. Jack"—he did not send back the memorandum with the words "20 minutes" written on it, but he said he would not be long—I arrested him just outside Victoria Station—I withdraw the word "bolted," and say he walked sharply away towards Victoria Station, where I had appointed to meet him, and I followed him.
Re-examined. I found this pawn ticket (produced) in his bedroom, behind one of the pictures—the pass-book, cheque-book, and card-case were in this little leather bag—I saw no washing-book from which we could see the prisoner's writing—I found these two little books in the bag as well, and papers were all about the room.
ELLEN STUBBINGS (Re-examined.) I saw this bag in the prisoner's bed-room three or four days—I don't know if he was in the habit of carrying it out with him—it was a tall gentleman who came to see the prisoner.
JOHN ARDEN BIRCH . I live at 1, Queen's Gate Terrace—on the day of the Children's Fete in June, my wife went out with my cheque-book and pass-book, and when she came back they had been taken from the carriage—this is not one of my cards—this cheque-book and pass-book are mine—that is the last cheque Mrs. Birch used—this cheque, of 18th August, is not signed by me or by my authority—I know nothing about the prisoner; I am not an invalid brother of his.
Lower John Street, Golden Square—I produce a gold Albert, pawned on the 18th, for 5l., in the name of Edgar Morgan, of 16, Upper Gloucester Place, about 5 o'clock, to the best of my belief by the prisoner—I was not taken to identify him; I next saw him at the police-court.
Cross-examined. That was four or five days afterwards—the man was a perfect stranger to me—he was in my shop about five minutes—I did not look at his eyes; he had a gentlemanly appearance—he was not the only man of that appearance who came into the shop—I did not notice his height—he had a slight moustache.
GUILTY . He then PLEADED GUILTY** to a conviction at this Court in April, 1883, of obtaining cigars by false pretences.— Five Years' Penal Servitude.
There was another indictment against the prisoner.
OLD COURT.—Tuesday, September 20th, 1887.
Before Mr. Recorder.
MR. HUTTON Prosecuted; MR. PURCELL Defended.
SARAH HAYES . I am the wife of John Hayes, of 52, St. Andrew Street, Wands worth Road—on 1st August I was in Gracechurch Street with my husband and son—I was getting into an omnibus; there were several people trying to get in—a gentleman spoke to me, and I put my hand in my pocket and missed my purse—it contained about 13s. or 14s., a key, and some memoranda; it was quite safe not a minute before; I had my hand in my pocket while waiting for the bus, and only took it out to get into the bus—the prisoner was close to my left side where my pocket was; a man stood beside her—I said to her "You have picked my pocket; if you will give me my purse I will not lock you up"—the man beside her had his hand down, and she had hers down, and from the way they were standing I am positive that the purse was passed—the witness called a policeman, and I led the prisoner across the road by the arm and gave her in charge—she said "Be very careful what you say"—the man went away immediately I gave her in charge; I am very sorry I did not take hold of him as well, and then I should have had my purse.
Cross-examined. This was on Bank Holiday night, about 11 o'clock—I had been waiting for the omnibus two or three minutes—my husband and son were standing on my left—nobody was near me; not within two or three yards—I had a pair of gloves and a pocket-handkerchief in my pocket, besides my purse—my pocket was torn just at the entrance; it had not been torn before.
GEORGE HENRY WHITE . I am in the General Post Office, and live in Noel Street, Islington—last Bank Holiday I was in Gracechurch Street, a few minutes before 11 o'clock—T saw the prosecutrix getting into an
omnibus—I saw the prisoner there; I had seen her before that—I was passing the Monument in company with a young lady, and feeling some one pushing against us I looked round and saw the prisoner in company with a man—they passed on and crossing Eastcheap I felt another push; I looked up and saw the prisoner and the same man—I watched them; an omnibus came up; a lot of people were trying to get in, and I saw the prisoner go in amongst them feeling in the ladies' pockets—I then saw her put her hand in the prosecutrix's pocket—I called her attention to it, and the prisoner was arrested—the same man was standing by her at the time—he made off.
Cross-examined. The street was rather crowded—there were other people near the prosecutrix—the prisoner was on her right—I did not see the prosecutrix's husband and son till afterwards—I am quite positive that I saw the prisoner's hand in the prosecutrix's pocket.
Cross-examined. She had some keys in her hand—she gave her address as 5, Bury Street, St. Mary Axe—she was taking care of the house.
GUILTY . She also PLEADED GUILTY to a previous conviction at the Middlesex Sessions, 1881, in the name of Mary Ann Williams.— Ten Days' Imprisonment.
MR. KEELING Prosecuted.
THOMAS BRACEY . I keep a beer-house at 279, East India Dock Road—about 2 o'clock in the morning of 25th July I was roused by the police, and came down—I found a pane of glass broken in the bar window, and a hole made large enough to reach the catch, and the sash pushed up so as to admit a person—I did not miss anything till a few days after—I then missed a brooch from a shelf behind the bar, a pair of earrings, and some foreign coins—I had seen them safe at 11.20 on Sunday night—I have not seen any of them since—I had fastened the window myself.
HARRY HAVENER (Policeman K 218.) About 20 minutes to 2 on the morning of 25th July I was on duty in the East India Road, about 20 yards from the prosecutor's—I saw Brown standing opposite the side window—I walked across and saw Bennett kneeling on the window-sill; he jumped down, and they both ran away—I ran after them about 300 yards; I caught Bennett, and took him to the station—I never lost sight of him—I next saw Brown on Saturday night, the 30th, at the Vine House Tavern, Mile End Road—another constable arrested him—I am sure he is the man—I had been looking for him.
JAMES GOATSER (Policeman K 90.) About midnight on 24th July I was on duty in the East India Dock Road, and saw the two prisoners standing together at a coffee-stall for about 20 minutes, about 400 yards from the prosecutor's—I saw Bennett on Monday morning in the station yard, and recognised him.
JOHN HANCOCK (Police Inspector K.) I was at the station when Bennett was brought in—Goatser saw him on Monday and identified him—he said "I think you are mixing it up well for me"—Goatser gave a description of Brown, and he identified him when he was taken—he said
"I know nothing of it, I was in bed"—he refused to give any address, he said he lived at lodging-houses—Bennett gave an address at a place where he had not been for nearly 12 months; his mother formerly lived there—nothing relative to the charge was found on them.
GUILTY . BENNETT PLEADED GUILTY to a previous conviction at the Middlesex Sessions on 24th March, 1884.— Eighteen Months' Hard Labour.
BROWN— Twelve Months' Hard Labour.
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. SANDERS Prosecuted.
GUILTY on Second Count. — Nine Months' Hard Labour.
NEW COURT.—Tuesday, September 20th, 1887.
Before Mr. Common Serjeant.
MR. LYNE Prosecuted.
HENRY SCRIVEN . I am a music-seller, and reside at 7, Fieldgate Street, Whitechapel—on the morning of 2nd August, about 1.30 a.m., I was awoke by glass breaking—I went down, and found the shutter-bar of the shop had been bent, a shutter removed from its place, and the window broken—Policeman 448 then came and took me to the station, where I saw this photographic lens (produced)—it had been just inside my window, almost touching it—it is worth 15s.
HENRY BLAKE (Policeman H 448.) About 1.30 a.m. on 2nd August I was in Fieldgate Street, and saw the prisoner and another man loitering about Whitechapel Road—their movements induced me to watch them, and I stood in a dark place on the opposite side of the road—the constable came round the beat on the opposite side to where the men were, and the prisoner walked towards Whitechapel Church, and the other man walked into Fieldgate Street—after the constable had got some 300 or 400 yards down the road the prisoner came back, and they joined each other again—they stood at the corner for a second or two, and then one of them came into the centre of the road and looked up and down, and then joined the other again, and they both turned into Fieldgate Street, and almost immediately I heard a forcing of shutters and a smashing of glass, and I saw the prisoner and the other man run from the shop down Whitechapel Road—I followed them—they turned into Brick Lane, where I got very close upon them, and the other man seeing that, made off, and I secured the prisoner—he said "What is up? what is the matter?" using an obscene expression—I said "That is what I want to
know"—he said "What have you got me for? I have done nothing"—I said "What about this?"—he was then holding the lens in his left hand like this—he said "You saw that man who has run away?"—I said "Yes"—he said "Well, he gave it to me to carry"—I took him to the station—I asked him where he had got it from—he said he had been down to Wanstead Flats, and his mate asked him to carry it, but where he got it from he did not know.
Cross-examined. I did not see you break into the house, but there was nobody else there but you and the other man, and I saw you leave the shop.
RICHARD EASTERBROOK (Policeman H 67.) About 1.30 a.m. on 2nd August, as I was in Whitechapel Road, I saw the prisoner and another man standing at the corner of Fieldgate Street—as soon as they saw me coming towards them they parted, and the prisoner went towards Whitechapel Church, and the other man into Fieldgate Street—I next saw the prisoner at Leman Street Station, and identified him—I came back 20 minutes afterwards, and found the window smashed at the bottom, the shutter-bar bent, and one shutter removed—the hole was about 18 inches big.
The prisoner in his statement before the Magistrate and in his defence stated that his mate gave him the lens to carry but that he knew nothing about the robbery.
GUILTY .— Nine Months' Hard Labour.
MR. LYNE Prosecuted.
ANTONY JANSSEN (Interpreted.) I now reside in Elm Street—I did live at 35, Star Street—on 3rd September I left my house about 7.30 p.m. to go to Stratford—I had worked there for two years, and went to visit a party there—on my return I intended to leave Stratford by the 11 o'clock train, but in the dark I went in the wrong street, and came into a small street, and two men came behind me and threw me backwards onto the ground—the prisoner is one, he stood in front of me—I got up and turned the other three away, but they then threw me again, and the prisoner came and stood upon my body and kicked me on the face and body, and while I laid there they ransacked my pockets—after I got up the prisoner ran away in front of me and the other two from the back, I missed a book, a knife, two keys, and a purse containing 2l. 10s. in gold, five, six, or eight florins and a half-crown—these (produced) are my things, here is a knife, two keys. and 1l. 4s. 6d., and 4 1/2 d. in bronze—I saw the prisoner at the police-station very shortly afterwards and charged him—I had had three or four glasses of beer that night—my master's son took me to the hospital on the Saturday, and I remained there till the Wednesday following—I feel injuries to my chest now, and suffer terrible pain—I bled from my head.
Cross-examined by the Prisoner. I charged you at the police-station—I can't say whether the constable brought you to me, because I was almost insensible through the beating—I was not very drunk, nor did I nearly knock a desk over at the station.
HENRY FOX (Policeman H 37.) On the morning of 4th September I was on duty in Upper East Smithfield, near the docks, and saw a man run from Bear Court, followed by another man—I followed them, and saw a
man run out of Brown Bear Court followed by another man across the road—the prisoner came out of Butler's Buildings, which are about 30 yards beyond Brown Bear Court—he ran towards me—I stopped him and asked what he was running for—he said "I am getting home out of the wet"—I asked him what he had in his hand—he said "Nothing," and dropped this purse on the pavement—I picked it up—this hat was picked up and handed to me, and a little farther on we met the prosecutor without a hat, and his face covered with blood—he made me understand that he had been knocked down and robbed, and pointed to the prisoner—I took him to the station, an interpreter was fetched, and the prosecutor identified him—he said "The man has made a mistake, I have not seen him before"—I found on him a 6d. and 9 1/2 d. in bronze—I afterwards heard him throw something in the water-closet in the cell—I went in, and found these keys in the pan, and this knife in his hand, which the prosecutor owns.
The prisoner in his statement before the Magistrate said that he was drunk, and that the constable took the articles produced from the prosecutor's pockets.
GUILTY .*— Twelve Months' Hard Labour.
MR. CRANSTOUN Prosecuted.
ELEANOR DENLY FERRYMAN . I am single, and live at Colsterworth, near Grantham, Lincolnshire—I was present on November 13th, 1882, at St. Peter's Church, Grantham, when the prisoner married my sister, Fanny Ferryman—I saw her yesterday morning.
Cross-examined by the Prisoner. I have heard that you offered a reward of 3l. for her—it was the conversation of the village that you had circulated bills for her—I never saw them, but I wrote and told her that you had done so—you addressed several letters to her at my father's house—I forwarded them all to her, but she never wished to hear from you again—you were in Aylesbury gaol in 1884 awaiting your trial, and she went to see you before leaving—she was in the family-way when she returned to my father's house, and no one let you know whether she was safely confined, or whether your child was born—I do not know whether you heard of that fact till last Saturday week.
Re-examined. They lived together till February, 1884.
CHARLES RICHARDS (Detective Sergeant.) I obtained these two certificates at Somerset House—I compared them with the original; they are correct. (One certified a marriage between Henry James Sharpe and Mary Elizabeth Ferryman at Grantham on November 13th, 1882; and the other a marriage between Henry James Sharpe and Mary Sarah Richards at Islington, on April 7th, 1886.)
MARTHA BONIFACE . I am the wife of Benjamin Boniface, of 66, Europe Place, St. Luke's—I was present at the prisoner's marriage with Mary Sarah Petty at Islington on April 7th, 1886, and signed as one of the attesting witnesses.
MARIA SARAH PETTY . I am the wife of Charles Petty, and live at the Queen Anne beer-house, Guildhall—my maiden name was Richards—I went through the form of marriage with the prisoner on 7th April, 1886—when I first knew him he was managing clerk to Mr. Levoi, a solicitor who was carrying on divorce proceedings against my husband—I paid the prisoner 5l., but not then, and I got it back from Mr. Level—the prisoner said that the money did not matter then; he would serve my husband with a writ, and pay the money into Court at once—he afterwards informed me that the case was undefended, and that a divorce had been granted, and I was a free woman—he showed me these papers, and I understood him that I was entitled to 37s. 6d. a week in my own right—after that he began to make proposals to me—I did not care about marrying him at first, and it was postponed three times, but I was induced to do so, and married him before the Registrar on 7th April—I was in a beerhouse at the time—he asked me to lend him money, and he obtained my mother's will from the solicitors, and endeavoured to raise money on it—I had the will put up the chimney, and afterwards I pledged it for 1s. to get it out of the house—he assaulted me and blackened my eyes, and also assaulted my child by my husband—I signed the register in my maiden name, as I was under the impression that I was divorced—I heard that he was a married man, and went before a Magistrate, who said that my marriage was void—the prisoner has said several times that he would have me for bigamy.
Cross-examined. I first met you at Mr. Levoi's office, and not in High Street, Islington.
Re-examined. Two days after my marriage I saw a letter from the prisoner to his wife.
CHARLES RICHARDS (Re-examined.) On September 9th I saw the prisoner in Worship Street, and charged him with bigamy—he said "Very well; I had not seen my first wife for nearly four years, and I believed she was dead. I offered 3l. for her address."
The prisoner in his statement before the Magistrate and in his defence said that he offered a reward and did all he could to find his wife, and wrote numerous letters begging her to return to him, which she never answered.
GUILTY **.— Five Years' Penal Servitude.
THOMAS DENNINGION . I am an upholsterer, of No. 59, Penchurch Road, South Hackney—on 4th September I secured my house and went to bed at 11.50—about 12.30 I heard a noise and a policeman's whistle, and went down and found the prisoner in a policeman's hands outside the house—the hall window was broken, and this image taken out, which was found on the common, a dozen yards away.
FREDERICK BALDRY (Policeman J 255.) On 5th September, about 12.30 a.m., I was in Penchurch road, South Hackney, about 40 yards from the prosecutor's house, and saw the prisoner and two others on the common—one of them said "Look out! Police!" and a man leaped out from a window about 9 feet high—they all ran away—I pursued them and caught the prisoner—I brought him back to the house and found a window open—the prosecutor, who had come down, missed the image
from the hall table—I was present when it was found about 30 yards from where the prisoner was—he said "I crossed the common, and was going home."
Cross-examined by the Prisoner. You were 4 or 5 yards from the path, which is about 8 yards from the wall—it would require one man to lift another up to the window, which was open, and had been forced with some sharp instrument.
By the JURY. I never lost sight of the prisoner.
Prisoner's Defence. I was walking across the common, going home, when the officer caught hold of me. I told him I knew nothing about it.
GUILTY .— Ten Months' Hard Labour.
MR. HUTTON, for the prosecution, offered no evidence.
NOT GUILTY .
SIMMONS PLEADED GUILTY .
MR. FOSTER Prosecuted.
THOMAS JONES . I am a tobacconist, at Appleten Terrace, Seven Sisters Road, Tottenham—at 11 p.m. on 7th August I closed my premises securely, and early on Monday morning I was knocked up by a policeman and went downstairs, and in consequence of what he told me I examined my premises, and found the shop window broken, and I missed eight pipes from off a shelf—these (produced) are seven of them.
WILLIAM WATTS (Policeman N 442.) On 8th August, about 12.30 a.m., I was on duly in Seven Sisters Road, and passed the three prisoners on the opposite side of the road, coming from the direction of prosecutor's house—I went there, and Constable Spicer drew my attention to the window, which was broken—we went round in front of the premises and met them—Mitchell ran away before we spoke, and Spicer ran after him—I caught hold of Lowell and Simmons, but Lowell slipped away and left his coat in my hands—I kept hold of Simmons and blew my whistle, another constable then came up and went after Lowell.
EDWARD SPICER (Policeman N 239.) On 8th August I went with Watts to the prosecutor's premises, and afterwards, by a roundabout way, after the prisoners—I ran after Mitchell and caught him—before I ran after him he threw these two pipes at me, which I stopped and picked up—I took him to the station and then went back to where I met him, and picked these other two pipes up.
ROBERT FISK (Policeman N 142.) I was on duty in St. Ann's Road, Tottenham, on 8th August, about 1.15 a.m., and saw the constables stop the prisoners—Mitchell ran away, Spicer ran after him, and Lowell slipped his coat from Watts and ran up Townsend Road—I followed him, caught him, and told him something had happened, and he would have to come back with me—he said "All right, I have done nothing"—I took him to the station and he was charged—they were all three together before the constables met them.
Cross-examined by Lowell. I did not tell you I did not know what I
wanted you for, I told you something had happened, and you said "All right.
Mitchell in his statement before the Magistrate and in his defence stated that he was coming up Seven Sisters Road, and Lowell came across and asked him for apiece of tobacco, and that as he passed the police station he was talking loudly, and a constable came up, and he, thinking he was going to take him for making a noise, ran away, and that he was innocent,
Lowell produced a written defence stating that the constable Spicer about nine weeks ago met him and kicked him, and said the next time he got a chance he would take him in custody.
MITCHELL— GUILTY .— Ten Months' Hard Labour.
LOWELL— GUILTY .**— Twelve Months' Hard Labour. SIMMONS— Twelve Months' Hard Labour.
MR. HUTTON Prosecuted.
CHARLES BAYLIS . I am a greengrocer, of 3, Peacock Street, Blackfriars—on Wednesday, 31st August, I lent the prisoner a horse and van to go to Smithfield to buy butter and cheese—I drove him there, and he said "Back your horse and van in here"—I did so—he said "Have you any money with you?"—I said "A little"—he said "Have you got 4l. 10s.?"—I said "Yes"—he said "Lend it to me"—I held it out to him and he took it out of my hand—I went to put the nose-bags on and was away about five minutes—when I came back I missed two sacks and the prisoner was gone—I gave information to the police—he was not arrested till the Sunday morning.
Cross-examined by the Prisoner. I did not lend you the sacks and give them to you out of the van—we always carry sacks to keep the horses dry if it rains, and you would have had them with the van if I had not been with you; I loaned you the sacks as well as the van—it was not agreed between us that I was to have part of the profits of the 4l. 10s. I lent you, or that the van was to be paid for out of the proceeds—I do not owe you money.
Re-examined. The sacks were worth 3s. 6d. each.
LAURENCE GOODYEAR . On September 4th I went to the prisoner's house and found him in bed—he said "I know nothing about it"—he got up and came to the station, and when the charge was taken he said "He loaned me the money"—he said nothing about the sacks, that was a further charge at the police-court.
Prisoner's Defence. He lent me the two sacks and I have them at home now; you can buy them at 3d. apiece He agreed with me to go over the water and to receive a share of the profits, and he lent me the money and the sacks. He owes me money.
NOT GUILTY .
OLD COURT.—Wednesday, September 21st, 1887.
Before Mr. Recorder
935. WILLIAM GORDON (28) and DUNCAN GORDON (24) were indicted for that they, having been adjudged bankrupts, did unlawfully fail to disclose all their property to their trustee, with intent to defraud. Other Counts for other offences under the Bankruptcy Act.
MESSRS. GRAIN, SALTER, and KERSHAW Prosecuted; MR. TAYLOR defended,
HENRY ALFRED STACEY (Superintendent of Records in Bankruptcy.) The petition in this matter was presented on 5th May, 1887, by Messrs. McMorland against the prisoners, trading as W.D. Gordon and Co.—the receiving order was made on 8th June—there is a report of the Official Receiver of 8th June on the file that shows liabilities 3,030l. and estimated assets 383l., cash at bankers at Rangoon 30l., stock in trade at Rangoon 150l., office furniture in London 20l., book debts at Rangoon 200l., debts at Rangoon 200l.—there is a note by the Official Receiver appended—the first meeting of creditors was on 29th July, 1887—the prisoners were adjudicated bankrupts on 1st August—on the 8th Mr. Stafford Northcote was appointed trustee on behalf of the creditors—a public examination of the bankrupts was fixed for 5th August—there is on the file a transcript of the shorthand notes of Messrs. Gordon's examination on that day—they filed a statement of their affairs, sworn by William Gordon on behalf of the firm on 15th July this year.
GEORGE BLAGRAVE SNELL . I am one of the official shorthand writers to the Bankruptcy Court—on 5th August this year I took notes of the public examination of William Gordon, before Mr. Registrar Brougham—I produce the original notes—the transcript on the file is a correct transcript of those notes. (Extracts from the transcript were read by MR. GRAIN.)
FREDERICK WILLIAM JORDAN . I live in Sunningdale Place, Sutherland Gardens, Media Vale—I first made the acquaintance of William Gordon at the latter end of December, 1886—he told me they had a flourishing business at Rangoon—he showed me several large orders and correspondence from Duncan Gordon to him in reference to the orders and the business generally, and he asked me if I would like to go out to Rangoon—I said "Yes," and it was arranged that I should go as manager—I was to have about 150l. to 200l. a year; I saw him at his office, Billiter House, Billiter Square—I went to Rangoon—a consignment of goods went in the same ship, consisting of tweed cloth, silk, umbrellas, and some piece goods; I don't know the value, I had nothing to do with the purchase, I think there were two or three cases—I arrived at Rangoon On or about 7th April, 1887, having left England about 21st February—I found Duncan Gordon at Rangoon; the establishment there was a kind of retail and wholesale business, it was one warehouse divided into the two departments; there were, jams, preserved fruits, pickles, potted meat, lime juice, and some paints; boots, millinery, jewellery, and fancy things—I could not estimate the value of the retail goods, but after Duncan left I estimated about 300l. in all—about ten days after I arrived there, there was a sale by auction by Duncan's directions, on the premises—all the retail goods were sold and taken away; part of the money was paid to Duncan; I think the sale realised about 150l. roughly speaking; the wholesale stock was afterwards sold off by my direction after Duncan left; he left on 7th May—he said the goods sent out were not suitable to the market, and he was going to the manufacturers at Manchester and Liverpool to buy a better class of goods suitable for that market—he took about 70l. with him; before going he told me to sell off the wholesale stock as quickly as possible—he did not tell
me as to what prices, he told the clerk, but not in my hearing; they realised about 300l., including the consignment that went out with me—only one book was kept there when I arrived, a kind of cash book; there was no cheque book, price book, or ledger; there was a press letter book—I handed the books to Mr. Galloway, a solicitor at Rangoon, to be sent to a firm of solicitors in London—I ascertained the cost price of some of the goods sold after Duncan left, from some invoice copies sent from Billiter Street I suppose—they did not give the names of the persons they came from—there were two press letter copy books, one of them had a lock and key, Duncan handed me that book before he left; before doing so he tore out all the correspondence; he said "The correspondence in that book will be of no use to you"—between 7th April and 21st June I never saw any real business there—after Duncan left I started a new set of books, a letter book, cash book, and day book—my expenses were given to me by Mr. Galloway out of the 300l. which the wholesale stock realised, and also the clerk's—the remainder was remitted to Messrs. Sanderson and Holland, solicitors, in London, who now hold it—I think I know Duncan's handwriting—these two letters (produced) of 10th and 23rd May are his—when I sold off the stock there was nothing left; there were some debts—I arrived in England in July—I have had no salary, only my expenses—I saw no letters at Rangoon from the London house; I believe Duncan wrote to William every mail, once a week—I believe those letters were copied, but I can't say, I did not see them after they were copied, the book was always locked.
Cross-examined. Duncan had a banking account—he told me he wished to get rid of the retail trade, it was such a nuisance—he did not say it was in consequence of the wet season coming on—the transactions that took place under my supervision were all entered in the books—those books have not yet arrived in England—the Gordons have asked me for them once or twice—I did not render them any account of my transactions before I gave up the books to the solicitor, there was so very little done it was not worth while—I wrote every mail and told them what I had been doing—there was only one book of any importance at Rangoon—there was a pass-book—I never saw a sold ledger—there was a kind of stock book, badly kept—I saw an indent book—I saw no memorandum book—some goods arrived at Rangoon after Duncan left, a small amount of whiskies—before he left he instructed me to apply for a liquor licence; it was not granted—I understood the direction in the letter to sell by auction to refer to the liquor—I valued the whole stock at about 300l.; that was the stock after Duncan left—I did not value it on my arrival—I had very little to do with the business while he was there—I received about 120l. for my expenses out and home—after my return I received a letter from William Gordon, stating that I had disobeyed my instructions and had been guilty of embezzlement—I replied, referring them to my solicitor—I think the Rangoon letters were mixed, both business and private—the Gordons could see the accounts of the sale I held by their direction, if they wished, at the solicitor's—when Duncan left Rangoon he told me I was to get rid of the goods, as they were unsaleable; those were his words; that referred to all the goods—I held this sale on the advice of my solicitor because I found out they were bankrupt—I did not hold the sale at once, because I wished to sell them in a reasonable way—I
did not mention about auctioneering any goods in any letter to Gordon after Duncan left Rangoon.
Re-examined. I swear when Duncan left Rangoon he told me to get rid of the goods in the best way I could—I heard of the bankruptcy proceedings at the end of May—I consulted Mr. Galloway and took independent advice as to what course I ought to take, and then issued this catalogue of 2nd and 3rd June with his knowledge—I communicated to him what the sale had realised—with his advice and direction I deducted a certain amount for my expenses—we had a telegraphic code; this is our code book—this original telegram of 27th May is in William Gordon's handwriting to the best of my belief; it is from William to Duncan: "Send 100l. sterling if possible, or nearest; it is of vital importance"—this of 1st June from Gordon in London to Gordon in Rangoon is "Arrived all well, remit as early as possible for reply by wire"—I received that telegram in Rangoon—before Duncan left he instructed the clerk to remit every piece (every penny) home—this (produced) shows the full figures of the realisation of stock—when I came home I communicated with the Gordons, and said any information they required they could have—I was represented then as now by a solicitor—every information has been open to them—I have heard Gordon has been down to the solicitor's to try and get a little balance that was left; I do not know it of my own knowledge—I sent this reply on 2nd June: "Cannot remit until auction stop; doing so to-day; shall wire proceeds if it can be done without risk, and wind up; best plan under circumstances"—I had then heard of the bankruptcy proceedings, and was acting under my solicitor's advice.
By MR. TAYLOR. I first heard of the bankruptcy proceedings at the end of May by a letter from William Gordon—a letter takes about three weeks coming out—William wrote to Duncan to say the worst had come, and that he had been served with a bankruptcy summons, and that he did not know what he was going to do—I then consulted my solicitor.
GEORGE MCDONALD . I live at Maryland Road, Bays water, I had known the prisoners for about five years previous to last year—they were both assistants at Marshall and Snelgrove's previously—in 1886 I became surety for them to the Bank of Scotland for 800l.—that was not paid, and I am now being sued for it—they have never paid me any portion of it or relieved me—in November last I went with William Gordon to look for offices in the City, and he took a room in Billiter House—I made arrangements to act as clerk to him—no books were kept except a letter-book—there was a press copy letter-book with a lock on it—the Rangoon mail is once a week—William regularly corresponded with his brother by each mail—I never saw any of his letters copied; they were not copied that I know of—letters were received weekly by each mail from Rangoon addressed to London—William would open the letters and read and take charge of them—I kept this book for my own information—I was interested, being under this guarantee—I made a note of the amounts of some of the consignments sent—the first one on 10th December amounted to 83l. 18s. 8d.; the next on 24th December was 251l. 11s. 10d.; the third on 5th January, 72l. 15s. 5d.—he may have sent invoices to his brother, but I never saw any, or anything whatever done in the ordinary mercantile way—William Gordon told me these sums—I saw him make one small payment while I was there—I believe
there was a banking account in London, I do not know where—I left about the middle of January this year—just prior to that William Gordon asked me to become one of his guarantees to the Commercial Bank of Scotland; that was with reference, I believe, to an Elgin liability; I did so—he told me nothing particular about the Rangoon business then—sometimes he handed me, when the mail came in from Rangoon, indents as to goods that were wanted to be shipped—sometimes I went round to the warehouse to make inquiries about goods—I was once or twice with him when he purchased, at Crosse and Blackwell's once—as far as I can say, during the time I was there no real business was carried on at Billiter House at all—I left the letter-book there; I saw nothing torn out of it, nothing was touched when I was there—I brought this book away with me, it is my own property—no distraint was put in for rent while I was there—I was there only a short time—the prisoners had a house in Sutherland Gardens, and then in Gloucester Road.
Cross-examined. I was one of three or four cautioners to the Bank of Scotland for this 800l.—I don't know that half that sum was repaid by Gordon in December last—I became responsible for another 400l. in December last—I could not say if that was a liability on behalf of the defendant to the bank for certain bills—I never met Mr. Peter Grant—I am told he had given security for the amount, I do not know; I never corresponded with him—at the time I assumed this liability I did not write to the Bank of Scotland stating what I was worth—I wrote a letter to William Gordon, but not to enable him to show the bank what I was worth—probably I said at the Mansion House "I am now responsible for 800l. or 900l. "—I was not in a position to pay that sum—William Gordon knew that—I did not know that he intended to make use of my letter, in which I described my property, at the bank for the purpose of putting my name forward as a guarantor—I became guarantor because two names were wanted instead of one—these are family matters—I left the office in Billiter Street about the middle of January, in consequence of a family dispute about money—I had borrowed 20l. from Gordon at that time—I have not paid it in money, but in salary—there was a dispute between my wife and other members of the Gordon family—I understood Mrs. Macdonald asked William Gordon about this time for a loan of 100l.—the Gordons were living with me at this time—I did not know it was William Gordon's intention to set his sister up in a costume business in London in connection with the Rangoon house—I did net leave the office because Gordon refused to lend my wife 100l.—I brought this book with me when I left—that was in the morning, before Gordon arrived; he never came till 11 or 12 o'clock, I was there about 10—I was not there earlier than usual that morning—I produced this book at the Mansion House—I did not call on a member of the firm of Griffiths and Co. after I left Gordon—I know nobody of that name—I have called on Fry and Co. once or twice since, partly with reference to the Gordon's—I did not tell them William Gordon owed me a large sum of money, or speak unfavourably of the Gordons—I have visited Messrs. Barber and Co., the prosecuting solicitors, once since the circular of 14th March—I made their acquaintance since 5th August—I have not been in the habit of going about spreading unfavourable reports of the Gordons to their creditors after they left my house—all my property is settled on my wife—I have no house, and at present I am living apart from my wife—I
believe there was an execution in her house yesterday—I received a letter from Cameron and Allen, asking me for the payment of 20l., which I had borrowed from Gordon—I answered that they owed me more than that, that Duncan Gordon was on his return from India with a sum of money, and if they wrote to him they would get money from him to relieve the account, and therefore to relieve me—I do not recollect a letter in which I asked William Gordon to raise 800l. on the title-deeds of Melbourne property—I never sued Gordon for wages—I did not do so before the bankruptcy proceedings because there was another debt against them at the time—my wife afterwards brought an action against William Gordon in the County Court—the solicitor in that case was not instructed to say that William Gordon had failed in Elgin—I did not tell William Gordon whenever he wanted it not to fail to ask me for my acceptance—for two days, earlier than this last year, I stopped at Elgin with the Gordons on friendly terms—I was not troubled by the bank with any proceedings before I left Billiter Street.
Re-examined. I am absolutely a ruined man—I am being sued for the whole amount by the Bank of Scotland and the Commercial Bank—the Gordons lived with me and paid me nothing till they were summonsed for it.
THOMAS PUGIN MANNOCK . I am managing clerk to Saunderson and Holland—Mr. Jordan deposited 66l. with our firm—the two prisoners called on me about the 4th August, and William Gordon asked me to hand him that money—I told him that I had heard that proceedings had been taken by his creditors, and asked him if that was true; he declined to give me any information—I told him I would make inquiries, and that if he was entitled to the money he should have it—I still hold it—Duncan was present, but did not speak.
Cross-examined. William asked me if I had the Rangoon books—I have not received them—Jordan said he had handed the books to Mr. Galloway, who had told him he would forward them to us—in the letter by which I received the 67l. no account was given as to how the remainder of the money was disposed of, and no account of the auction sale or the disposal of the proceeds.
ROBERT MACKAY . I am a member of the firm of McMorland and Co., St. Paul's Churchyard, warehousemen—we are creditors of the defendant's firm to the extent of 170l. or 180l.—we received a circular similar to this of 14th March—prior to that, on 30th November, William Gordon had been to us about renewing some bills—he said he had sold his Elgin business very satisfactorily, and that he was sorry he was unable to meet his bills, as he had not received the purchase-money, and outlying debts had to be called in; that his brother had gone out to Rangoon and started business there; that he had an office in London; and that they had now become Rangoon merchants; and that if we would renew his bills it would enable him to go on with the Rangoon business—he told me it was a general store there; that he was sending out biscuits, drapery goods, ironmongery, and that they had met with nothing but success there; and that he was receiving large orders from gentlemen out there—he showed me a bundle of papers representing those orders—I told him it was very risky to accept orders in foreign countries like that, as when the goods got out there it was doubtful whether he would get his money, and he immediately answered that he was getting a deposit of 25 per cent. on all goods that he had received
orders for; the remainder to be paid on delivery—on those representations believing them to be honest men, we renewed the bills—they have never been paid—my counting-house partner attended the meeting of creditors—in this letter from William Gordon of 27th August, 1886, from Elgin, he says they are in a flourishing condition; that business has increased, and that they have a large amount of money on their books, but that at present their customers are away, and they cannot get accounts in, and therefore they ask that we should renew the bills—I presented our firm's petition against them.
Cross-examined. The writ was served on William Gordon when he called to ask me to fall in with the other creditors—I simply shook hands with him and passed him on to my partner—our firm was the only creditor that stood out against this arrangement in the first instance—I think one Scotch house, Stuart McDonald, did write asking us to fall in with their arrangement—I cannot tell you whether all the Scotch creditors were willing to give the prisoners time to pay—I had been dealing with Gordon about two and a half years, I should think—I cannot say whether all our bills had been met up to November last year—I don't know—Gordon did not tell me that he had sold his Elgin business on condition that the money was paid at once, or that the purchaser had been introduced by Cameron and Allen—I cannot say whether before I met him in November, after the brother had gone to Rangoon, we supplied goods for shipment to Rangoon through Elgin.
WALTER JAMES TATTON . I am a member of the firm of Tatton and Sons, solicitors, of Phillimore Place—on or about 28th February last Mr. Grice, a client, instructed us with reference to a house of his, 11, Gloucester Road, Kensington—we prepared a lease and submitted it to William Gordon—the rent was to be 160l. for the first year, and 170l. for the remainder of the term, 20 years—we sent him the draft lease and I saw him afterwards—some fixtures were to be taken; they were assessed at 48l. 9s.—we had nothing to do with that—the lease was executed on 18th April—the fixtures were to be paid for at once, but William Gordon said he could not pay, and he wanted possession—I consulted Mr. Grice, and he instructed me to let them have possession, and I took from William Gordon a promissory note at a month for 56l. 15s., including our costs and the surveyor's—that was not met, and has never been paid—we distrained for the rent, but only obtained a portion of the money—I saw William Gordon sign this promissory note.
Cross-examined. The fixtures were 44l. 9s., surveyor's fees 12l. 6s., and 11l. 5s. solicitor's—the ground floor was a shop in which we afterwards ascertained the defendant's sister set up a millinery business—we heard afterwards that there were two lodgers whom the defendants were to take over—I don't know what rent they or the sister paid.
JAMES HARDMAN . I am traveller for Messrs. Doble and Co., flannel manufacturers, of Alderman bury—on or about 8th or 10th February I called on William Gordon at Billiter House—he gave me a sample order for two pieces of flannel—I asked him whether his business was a good one—he said he had every reason to believe it was—we supplied goods to the amount of 10l. or 11l.—we have never been paid.
STAFFORD CHARLES NORTHCOTE . I am a member of the firm of Northcote and Co., of St. Paul's Churchyard—we are creditors of the defendants, about 258l.—I was appointed trustee under their bankruptcy on 8th
August—I had had dealings with them for about a year and a half; the account had been fairly satisfactory; they were then drapers, at Elgin—towards the end of 1886 I became dissatisfied with the state of the account—I communicated with William Gordon, and he called upon me about the first week or fortnight in January this year—he required some further goods then—at that time there was a bill due and unpaid; I said that upon the condition that he would pay half the bill that was overdue, we would let him have more goods to the extent of 40l.—the amount of the bill was 43l. 13s. 4d.; 22l. should have been paid—he agreed to that condition—he said their business was going on almost more satisfactorily than they had hoped for, but that having had expenses in establishing it he had not had any remittances—we saw him several times—he rather surprised me one morning by saying he had given up the Elgin business, that the business in Rangoon was so very satisfactory that he could not work it from Elgin, and therefore he was going to take an office in the City—he then paid me 11l.—the bill was not renewed, but I let him have goods to the extent of 31l. 19s. 2d., fancy drapery goods—they were delivered—about 14th March I received this circular—I attended a meeting of creditors on several days in March and April, at several of which William Gordon was present—their Scotch creditors proposed that the payment of the debts should be extended to 6, 12, and 18 months, and although I tried my best for the Gordons, believing them to haw spoken honestly in their circular, the London creditors would not give more than 8 and 12 months, and a communication was made to that effect to the Scotch creditors—at one of the meetings it was said it was very curious if the business had been going on so satisfactorily that they had had no remittances—his answer was that they had only had one small remittance of, I think, 10l.—he was asked whether he had received letters from his brother, and he said, I think, he had received one every week—I asked that we might see the letters—he demurred to that, and I suggested it would be more satisfactory perhaps if he were to show them to our solicitors, and he promised to do so—I have never seen them—there are no assets at present in my hands, nor do I see any probability of getting any—I have received no books, documents, or letters or anything giving information about their affairs—up to the date of the bankruptcy I hate not been able to find anything—in consequence of some information from Mr. Fry I called another meeting, and placed the information I received before the creditors, and they resolved to put the matter in bankruptcy at once.
Cross-examined. William Gordon, when he called on me in November last, did not say he had parted with the Elgin business at a loss—he referred people to us in the usual course of business, and he referred to us—there was a meeting on 16th April which was adjourned to the 12th to enable Messrs. Barber, the solicitors, to inspect the letters received by William from Duncan—William was present at that meeting—he answered various questions put to him, amongst others, if he would show his letters—he demurred to that, because some of them contained matters of a private nature—at the meeting of 25th April I reported the information I had received from Fay's traveller—I don't think William Gordon had any opportunity of contradicting that—it was in consequence of that information that I acquiesced in the bankruptcy proceedings—I first determined on criminal proceedings after the public examination—I
know Mr. Hume, one of the creditors—he has not remonstrated with me for taking these proceedings—all he said was that he thought for such a small affair no trouble should have been taken, if it bad been ten times the amount he thought there would be greater justice in it—the only book that I have received was a cheque book that I got from the Official Receiver; I have not examined it—the criminal proceedings were instituted with the consent of the committee of inspection—I don't think the Scotch creditors, have refused to have anything to do with these proceedings.
CHARLES WILLIAM GRAY . I am managing clerk to Messrs. G. H. Barber and Son, solicitors, who are conducting this prosecution with the authority and sanction of the Treasury under an order made by the Bankruptcy Court—I attended a meeting of creditors convened for the 6th of April—William Gordon was present, and was examined by various creditors as to the assets of the firm—it then transpired that letters were received by him from his brother about once a week—he was asked to produce them—he declined to do so on the ground that there were private matters in them—after pressure he consented to show certain of them to my principals—he did not produce them, and I have seen none.
Cross-examined. At the meeting of 6th April William Gordon said that he had made up his estimates from materials he had in his possession—I don't recollect his saying that he made up the circular without his brother's knowledge and on his own responsibility—in the first instance we endeavoured to get the English creditors to assent to the proposal of the Scotch creditors until we received certain information which we thought it our duty to lay before our clients—I think on one occasion William Gordon said would it be satisfactory to the creditors if he made arrangements for some person over here to receive the assets as they came from Rangoon, and to pay the money to the English creditors—I replied "We want to be satisfied that there are assets at Rangoon"—he did not propose to give us any proof of that—this prosecution was instituted from what we ascertained from Messrs. Fry at the public examination.
HENRY WARD ARCHER . I am in the employ of Jones and Co., of Leadenhall House—about 11th July last the defendants came about some offices, and ultimately took 440 and 441, at a rental of 40l. a-year—they gave two references—I wrote to them—one of them was subsequently withdrawn—they entered into possession.
OLIVER LAMBERT RUSSELL . I am in the department of the Official Receiver in Bankruptcy, Mr. Brougham—it is usual when a petition is tiled to ask for books and papers—this cheque book is the only book that has ever been received or handed to me—that was sent on 8th September with an official letter to the trustee.
FREDERICK AUGUSTUS PITT . I am clerk to Messrs. Barber and Sons, who are agents for the Treasury in this matter—on 9th September I went with the police to the defendants' offices at Leadenhall House—I searched the office—I found all these papers I hold in my hand and others—the name of "Gordon Brothers" was up, and also "William Gordon and Co."—I found an India-rubber stamp, also some note-paper headed "Billiter House," also "Gordon, Rangoon." (A number of the papers were from different parties offering to supply goods.)
defendants' apprehension—on 17th August I went to Gloucester Road, Kensington, and saw them—I said I was a detective officer, and held warrants for their arrest; I gave them to them to read—after they had read them, I said "Have you anything to say?"—William Gordon said "No, we have nothing to say"—Duncan said "Nor have I"—I accompanied them to their office, and saw these papers found—they were handed to the trustee.
GUILTY .— Four Months each without Hard Labour.
NEW COURT.—Wednesday, September 21st, 1887.
Before Mr. Common Serjeant.
MR. A. GILL Prosecuted; MR. GEOGHEGAN Defended.
GUILTY. Recommended to mercy by the Jury, being a foreigner. — Three Months' Hard Labour.
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. RAVEN Prosecuted.
GUILTY .— Six Months' Hard Labour.
MR. GRAY Prosecuted.
WALTER CROUCH (Policeman F 327.) I was on duty in Westbourne Park, between 5 and 6 a.m. on 27th August, when I saw the prisoner come out of the front door of No. 10, with his boots unlaced—he came towards me, and then, seeing me, he turned sharp round and went in the opposite direction—I followed him, and passing the door of No. 10 saw it was partly open—I caught the prisoner after chasing him about 300 yards—I took him back to the house and detained him till assistance arrived, and then took him to the station—I searched him, and found on him a box of matches, some of them burnt, a pipe, and a comb—he made no reply to the charge at the station.
Cross-examined by the Prisoner. I could not catch you as you came out at the door, you ran the other way—I was standing facing you when you came out of the house—I did not say when I came up to you that I was mistaken, that I thought you were the man—I asked you to go back to the house, and you went back quietly with me—I did not take hold of you till I got you back to the house—there were about 40 men round the house—one of them said you were the man that came out of the house—Mr. Cooke did not hear him at the police-court because my evidence was sufficient to commit you for trial.
ANNE DICKEY . I am care-taker to Mrs. Forbes, of 10, Westbourne Park—on the night of 26th August I left the house safely locked up—I did not require to go into the library until the furniture was moved back,
as the painters were doing the roof; but I can say the window was latched, because it had never been undone after I fastened it about a month before—no one else had been in that I am aware of—on that night I locked the door, the chain was up before I went to bed—I went to bed there after 11 o'clock—I was aroused at 20 minutes or a quarter to 6 by rinsing and knocking—I went downstairs and saw the constable in the hall—the library window and hall-door were open—I missed nothing.
GEORGE WOOD (Police Sergeant F 10.) A little before 6 a.m. on 27th August, from information received, I went to 10, Westbourne Park and examined the premises—I found part of the wire netting on the party wall broken down—at the rear of the house I saw a plank with one end on the ground, and the other end on the window-sill—the plank was a little damp, as it had been raining, and there were marks on the plank as though someone had been up—there were marks on the window-sill—the window was open, and inside the library, on a chair, was some gravel—there is a shutter inside that works with the window; as you pull the shutter down the window comes down—I got up the plank, and entered the window and searched the lower rooms—there was a slight mark on the window, where no doubt a knife had been put in between the window in order to shove the catch back—I fastened the window and then opened it with my pocket-knife, it worked very easily—nothing was taken from the house—the prisoner said nothing in reply to the charge—nothing seemed disturbed in the room—everything was piled together in the room on account of the cleaning going on.
Cross-examined. I found nothing on you but what the constable has stated.
Witness for the Defence.
MARGARET MURPHY . I am single, and am a laundry woman, living at 4, Edinburgh Road, Westbourne Grove Road—the prisoner lodged at the same house—I am his sister, and was in another bed in the same room with him on this night—he got up and went away at a quarter past 5.
Evidence in Reply.
By the Prisoner. You did not pass me.
WILLIAM ALFRED MORRIS . I am a printer—on this morning, between a quarter and 10 minutes to 6, I was coming through Westbourne Park, and the prisoner and then the policeman went past me—the policeman was running after him at a good pace—I did not see him catch him, but I saw the policeman bring him back, and he was taken off.
Cross-examined. I live at Ladbroke Grove Road—I did not see the constable push the door open—I did not see anybody come out of the house—I know your sister by seeing her about—I went to the police-court on the second hearing, but the Magistrate told me to reserve my evidence till the trial—I think you were going to work.
By the COURT. The prisoner lives a quarter of an hour or 20 minutes' walk from this house—he was going at a kind of a run.
GUILTY . He then PLEADED GUILTY** to a conviction of felony in February, 1882, in the name of John Murphy.— Eighteen Months' Hard Labour, in addition to the Eighteen Months remaining of his former sentence.
MR. PARKES Prosecuted.
CHARLES NEWTON . I am a labourer, living at 26, Pine Street, Clerken well—on 13th August I saw the two prisoners in Great Ormond Street at half-past 11 p.m.—Smith asked for alms; I gave him some bread-and-butter out of my pocket, and took them into a public-house, and bought food and beer for them—after eating and drinking they followed me out of the public-house—when I was a little way down the road Smith put his hand over my mouth, and "Williams put his hand in my pocket and took the money out—I had 14s. or 15s. in my pocket—Smith knocked me down and got his knees on my chest—I called out "Police"—a policeman came, and they ran off, dropping some of the money in the road—the policeman ran after them, and brought them back to where I was getting up—I was not particularly hurt; my mouth and nose were bleeding from their holding me.
Cross-examined by Smith. As soon as you saw the police you ran off—at the police-station I had 3s. 6d. that I had picked off the ground in my pocket—I had 29s. 3d. when I started out; I had got some boots and trousers out of pawn—I was as sober as I am now—you were not drunk—I did not say at the police-court that Williams held his hand over my mouth while you robbed me—there was a third man with you when you accosted me, he stayed at the public-house.
Cross-examined by William. Smith had his knees on my chest after you rifled my pockets.
JOHN DAMPIER (Policeman E 274.) On 13th August I was in Lamb's Conduit Street, and heard shouts of "Police"—I ran into Great Ormond Street, where I saw Newton on his back in the road, and the two prisoners leaning over him—on seeing me and Maloney, who was a little way in front of me, they ran away—I heard one of them drop some money—we chased them down Lomand Street, where they were stopped by Hale—I took them into custody—I had not lost sight of them from the moment they started from Newton—I brought them back to Newton, who said "That is the two that robbed me"—I took them to the station—I searched Smith, and found on him a latch key and 3d. bronze—the money was dropped a few yards from Newton; I did not see it picked up.
Cross-examined by Smith. I had to run about 10 yards before I got into Great Ormond Street—from the corner of the street to where you were was about 40 yards—I could swear to you because you were near a lamp, and by the time you got up I was just near you—I gained on you when you ran, and never lost sight of either of you—I can swear to you.
Cross-examined by Williams. You went round a corner; I was 20 yards behind then, but I did not lose sight of you, it is a wide street—I did not see what you did when you were leaning over Newton.
SAMUEL MALONE (Policeman E 345.) On this night I was standing at the corner of Great Ormond Street—I heard cries of "Police" and "Murder"—I blew my whistle—I saw the prisoners hustle Newton, and I saw them with their arms round him, and they all fell together in the road—I ran in that direction—I saw Smith kneeling on Newton's chest, and Williams take his right hand from Newton's right-hand trousers pocket—they looked round, saw me near them, and ran away side by side, close together, up Great Ormond Street—when I got some way up
the street I blew my whistle—I saw Dampier coming behind me—I did not lose sight of the prisoners—I saw Hale at the bottom of the street, and shouted "Stop them"—we three constables closed round them and took them into custody—I searched Williams, but found nothing on him.
Cross-examined by Smith. You all three fell together in the road.
By the COURT. They threw Newton on the ground, and fell on top of him.
Cross-examined by William. You took your right hand from his right-hand trousers pocket.
GEORGE HALE (Policeman E 435.) On 13th August I was on duty, and heard the constable's whistle, and went in the direction of the sound—I saw the two prisoners running down the middle of the street, and Maloney shouting out "Stop them"—they ran round a lamp-post—I caught one prisoner in each hand, and held them against the area railings till the other constables came up, when we took them back—the prisoners were running very sharp.
Smith in his defence said that they were running home from the Middlesex Music-hall when the constable caught them.
William in his defence said that what Smith had stated was correct, that they were running from the music-hall to reach a public-house before it closed.
GUILTY . SMITH**— Fifteen Months' Hard Labour and Twenty Strokes with the Cat. WILLIAMS— Fifteen Months' Hard Labour.
MR. RAVEN Prosecuted.
JOHN WILLIAM DUDLEY . I live at 7, Brunswick Terrace, Camberwell—on Saturday, August 13th, I was on Tower Hill, about 5.30—I dropped a cigar and stooped to pick it up, and some one laid hold of me behind and another one snatched my watch—I caught him by the coat as I fell, and he kicked me on my hip, and I had a place on my hip as large as a piece of liver—the prisoner is the one who kicked me—I value my watch and appendages at 40l. or 50l.—on the 25th I picked out the prisoner from a dozen others at the station—I recognised him in a moment.
Cross-examined by the Prisoner. My stick was also stolen—I received a telegram and went to the station, and the moment I saw you I said "That is the man"—I am a retired engineer.
Re-examined. I feel the effects of the kick now—I was pinioned behind, and I think there were three men, but the prisoner is the man who took my watch and who kicked me.
STEPHEN WHITE (Police Sergeant.) On 25th August, about 7.30, I saw the prisoner in the Commercial Road and told him the two charges—he said "When?"—I said "One the early part of the week and the other on Saturday"—he turned to some one in the crowd, who I believe was one of his relations, and said "They have b—y well got me for stealing two watches, one in Raven Road and one on Tower Hill, go to the old man and ask him what time I pawned the handkerchief, and he will know the rest"—I took him to the station; he was placed with others, and Dudley picked him out without the slightest hesitation.
Cross-examined. I received information that you were the person who
committed the robbery—I should not bring that person here as a witness—I knew you very well, but I did not apprehend you earlier because I did not know so much.
The prisoner's statement before the Magistrate was that he went indoors early on August 13th, and never went out again till 7.30 p.m. on the day in question, and that his mother and sister could prove it.
The Prisoner called
ABRAHAM LESSER . I am a tailor, of 1, Newcastle Place, Whitechapel—on Saturday, August 13th, I went to the prisoner's house, as I had promised to bring back a jacket, but I was too busy to make it—I saw him in his room; it was then past 5, nearly 6 o'clock—I said that he should have it on Monday—he said "I have got no jacket; what am I to do?"—I had taken it away to mend on the Friday at 10 a.m.
Cross-examined. I know the time because I looked at my watch; it was near 7 o'clock when I left him—I stayed with him from 5 o'clock till 7 o'clock, although I was so busy—I am a German Jew—I am not busy on Saturdays.
SERGEANT WHITE (Re-examined.) The prisoner's house is a little more than a quarter of a mile from where the robbery was committed; it is the length of the Minories.
GEORGE FLEWITT . I am a farrier, and am the prisoner's father, and live in Houndsditch—on August 13th he never went outside my house till evening, near 7.30—he was at home all day with me—I was not at work—I am asthmatical, and sometimes I cannot get out for three or four days—I went out about 7.15 p.m., and he asked me to lend him a coat, which I did, and he went out to a benefit which he had, and came back about 12.30 or 12.45 with his mother and two sisters.
Cross-examined. He had breakfast and dinner at home, and was indoors all that Saturday—I was indoors all day—he may have said before the Magistrate "I went early indoors on 13th August"—I do not know what time he was home on the Friday, but on the Saturday he never went outside the door till 7 p.m.—I went out at 7.15, and left him with the last witness, who mended his coat—we only have two rooms, and we have our meals in my bedroom—I won't say that he did not go to the w.c., but he never went out of doors, because he had no coat.
WILLIAM SKERRY . I am a baker, of 42, Blunt Street, Limehouse—on this Saturday I went to the prisoner's house about 7 o'clock and found the tailor there—I stopped there till about 7.30, and then wont with him and the tailor to the Glass House, Commercial Road, and was in his company till 12 o'clock.
Prisoner's Defence. On 13th August I was indoors. I went in early because on the Friday my father said that if I got up early I should get a job at Billingsgate. I said "Give me a call," which he did about 4.30 or 5 o'clock. I went to Billingsgate; the fish was not up, and I went back home and laid down. I never saw the prosecutor in my life, and if it was not for the friendly meeting that night I should not have been able to account for myself.
GUILTY . He then PLEADED GUILTS to a conviction of felony at Clerkenwell in September, 1886, a large number of other convictions were proved against him dating from August, 1873, to the present time, and there was another indictment against him for a similar robbery.— Five Years' Penal Servitude, and Twenty-five Strokes with the Cat.
OLD COURT.—Thursday, September 22nd, 1887.
Before Mr. Recorder.
MR. GRAIN Prosecuted; MR. GEOGHEGAN Defended.
The first libel in question was contained in a letter addressed to the prosecutrix; the fact of it being a libel was admitted, but MR. GEOGHEGAN submitted that the first Count was bad, as it did not allege an intent to provoke a breach of the peace. MR. GRAIN contended that such allegation was immaterial, and that the concluding words of the Count" against the peace, &.," were sufficient. Cases cited on this point, Reg. v. Wegner—Reg. v. Brook, 7 Cox's Criminal Cases, 251; Reg. v. Price, and Reg. v. Rintoul, C.C.C. Sess. Papers, Vol. CV., p. 83. MR. GEOGHEGAN further submitted that as the letter was only published to the prosecutrix, the allegation that it was intended to bring her into public ridicule and contempt, could not be sustained. The RECORDER, after hearing MR. GRAIN, supported the objection, and held that the prosecution must be confined to the second letter. The question turned entirely upon the handwriting; the prosecutrix, and two experts, Mr. Birch, of the British Museum, and Mr. G.S. Inglis, upon comparing the letter with specimens of the acknowledged handwriting of the defendant, expressed a confident opinion that the letter was written by him. Mr. Netherclift, for the defence, upon the same materials, was of a positive opinion that it was not. All the documents were handed to the JURY, with the experts reports on the same, and they found the defendant
NOT GUILTY .
MR. HUTTON Prosecuted.
THOMAS BARKER . I am a porter at the Parcels Express, 80, Fore Street—on September 6th I saw the prisoner and another man standing outside Mr. Russell's, a pawnbroker's shop in Fore Street, about a quarter to 5—they were loitering about, and I saw them turn round once or twice a bag hanging outside the shop as if they wanted to buy it—they walked a little way away and came back—the other man got hits knife out of his pocket and cut it down while the prisoner held it, and as soon as it was cut down the prisoner walked away with it—I followed and caught him in London Wall—I said to him that he had taken the bag from Russell's in Fore Street—he said "I did not take it, but the other man gave it to me"—he had the bag—I held him till a policeman came, and gave him into custody.
Cross-examined. You gave a correct name and address, and correctly stated your occupation.
The prisoner in his defence stated that a man called his attention to the bag, and then cut it down and gave it to him, and that he was so astonished that he walked away with it.
GUILTY . He then PLEADED GUILTY** to a conviction of felony in November, 1885, in the name of John Hart.— Four Months' Hard Labour.
MR. LAWLESS Prosecuted.
GEORGE HONOR (Policeman E R 17). About half-past 6 a.m. on 23rd August, I was in Russell Street, Covent Garden, and saw a horse and van standing in the centre of the roadway loaded with vegetables—tile prisoner took hold of the off side of the horse's head, and led it and the van through Russell Street and Wellington Street as far as the Gaiety stage-door—I followed and stopped him there—I asked him where he was going to take it—he said "Wait here and mind it"—I was in uniform—I said "Do you know who it belongs to?"—he said "No"—I said "Who told you to bring it here and wait?"—he said "A man"—I said "Do you know the name of the other man?"—he said "No, I think it was the owner; you will find the name, I daresay, on the other side of the van"—I saw the name William Kempson on the other side of the van—I left with the horse and prisoner a plain clothes officer who had been engaged on account of horses and vans being lost, and went to see if I could find Kempson—I failed to do so—I went back and took the prisoner into custody for stealing it—he said "Very well"—subsequently I found the owner, who charged the prisoner—when I first saw him there were about 30 horses and vans waiting there, and I saw him walk straight up and take this.
WILLIAM KEMPSON . I am a greengrocer, of 45, Denmark Road, Kilburn—I had given no authority to the prisoner on this morning to remove my van; I never saw him till he was custody—I had not left it outside Covent Garden over four minutes before it was gone—I had discharged all but a few cucumbers—I went to the police-station and told them that I had lost it—I afterwards met the policeman in Bow Street with the prisoner—I was shown the horse and van, they were mine—he was not going towards my premises.
The prisoner in his defence said a man had pointed out the van, and asked him to take it to Wellington Street and wait there for him and that he would give him a few coppers, and that he had only done at he was told, and was waiting when the constable came up.
GUILTY .— Six Months' Hard Labour.
NEW COURT.—Thursday, September 22nd, 1887.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted; MR. FULTON Defended.
GUILTY .— Four Months' Hard Labour.
MR. HUTTON Prosecuted.
Before Mr. Justice Grantham.
Before Mr. Common Serjeant.
948. GEORGE JOHNSON (19) PLEADED GUILTY to burglary in the dwelling-house of John James Mulley, and stealing a purse and other articles. He was also indicted for that he was convicted of felony in April, 1886, in the name of Henry Goodall, to which he pleaded Not Guilty.
MR. WARBURTON Prosecuted.
ELI CAUNTER (Police Sergeant H). I was present at Middlesex Sessions when the prisoner was convicted on 5th April, 1886—the prisoner is the same man—I arrested him and had him under my personal observation.
GUILTY *†.— Two Years' Hard Labour.
MR. METCALFE Prosecuted; MR. KEITH FRITH appeared for Payne, and MR. PURCELL for Parker.
HARRY WEST . I am a gardener, of 1, Vine Villas, Woodford—on 8th August I left my house at 9 a.m. safely locked up; I returned at 7.30 or 8 p.m. having received information, and found the front door open and my sister there—I went upstairs and found two chests of drawers broken open and the contents strewed on the floor, and two small boxes broken open—I missed a silver coin, some gold studs, some threepenny pieces, and a silver watch—I had seen them safe a month or six weeks before—I found the two prisoners in custody at Wanstead station, where I saw my studs and threepenny pieces, which were on a small ring—the prisoners were charged in my presence; they made no reply—I do not know them, and had not given them leave to go into my house.
Cross-examined by MR. PURCELL. The Wilfred Lawson Temperance Hotel is half a mile from Woodford station; they take in working men lodgers there.
EMMA JOINER . I live with my husband almost opposite the prosecutor's house—on 8th August, about 5.30 p.m., I was in my bedroom in front, and saw the prisoner Payne on the opposite side; he lifted the latch of Mr. West's gate but did not go in, he passed on to the front gate and then turned and went in—there is a little garden in front—I then saw him standing at the front door; I do not know whether he knocked—I went to get my dress, which was hanging up behind the door, and when I looked again I saw Parker come out at the gate; he crossed the road and walked up and down in front of our house—I could not see Payne
then; Parker stood in a corner by the house next to mine, and I watched him—I then went out to speak to my husband, who was about five minutes' walk away, and as I went out Payne came out at the gate and Parker turned back and went the same way he had gone when I first saw him, and then Payne crossed the road and I saw them meet—as I went to my husband I looked round and saw them coming down the road behind me one on each side—my husband went to Mr. Knight's gate, his employer's, and as he stood there the prisoners passed and I lost sight of them—I was taken to Wanstead station that evening and picked them out from a number of other persons.
Cross-examined by MR. FRITH. As the man stood at the door the clematis intercepted my view and I could only see his arm—I did not give any description of him—some of the persons he was placed with were like him in height and age—the door was hardly the length of this Court from my window, and I looked down on them.
Cross-examined by MR. PURCELL. My bedroom is on the first floor—the window was not open sufficiently for me to see through the opening, I could see over the muslin blind—I had two children with me—the inspector fetched me to the station; he did not say that one of the men had light clothes on.
GEORGE JOINER . I am the husband of the last witness and am a gardener; she came to me at Mr. Knight's on 8th August, a little before 6 o'clock, and pointed out the two prisoners, who were coming down Cowslip Road from my house towards Mr. Knight's—I saw their faces—I did not follow them—I could not find a policeman, and I returned and saw them again in Primrose Road, nearer the railway station—past Mr. Knight's from my house was not the nearest way to the station, I saw them standing together and something passed between them—Parker had something in his hand which he shook and looked at—it appeared to be a watch, he put it in his waistcoat pocket—I followed them into the booking-office, they remained there a second or so and then returned over the bridge and Mr. Tijon spoke to them—I followed, Parker ran away, and Mr. Tijon took hold of Payne, who threw away something like a small roll of paper on the grass in Pulteney Road—Mr. Tijon took him to West's cottage, and I went with them.
Cross-examined by MR. FRITH. I have not seen the prisoners from August 8th till to-day—I was not asked to go to the police-court—my wife never mentioned their appearance, but she pointed them out to me.
Cross-examined by MR. PURCELL. My wife went to the police-court and gave evidence and I stopped at home—the inspector did not tell me that without my evidence he was afraid the Jury would not believe the other witnesses were right.
CHARLES JAMES RICHARD TIJON . I am clerk at Bow County Court—on 8th August, about 6.30 p.m., I saw the two prisoners in Maybank Road, which is a junction with Primrose Road—they crossed the line and came back—Payne was a few yards ahead of Parker all along—I told Parker I wanted to speak to him and his friend—he called to Payne by some nickname, but he took no notice—I spoke to Parker again, and he called out the same name—Payne took no notice and Parker ran off towards London—I seized Payne, he asked what I was doing—I said "I will take you to a house where you have been"—he said that he would
come quietly if I would leave hold of him, but I held him till a constable came.
Cross-examined by MR. PURCELL. There are two Woodford stations, and the Temperance Hotel is midway between them.
JOHN KNIGHT . I live in Cowslip Road, Woodford, and was employing Joiner as a gardener—on 8th August his wife pointed out the two prisoners to me—I kept them in sight, and saw Mr. Tijon seize Payne—Parker ran down Pulteney Road.
Cross-examined by MR. FRITH. I saw them pass my house, which is several hundred yards from Mr. West's.
Cross-examined by MR. PURCELL. I did not go to the police-station—I saw Parker in the dock at the police-court.
CHARLES ROBINSON . I am a cab proprietor of Woodford—on 8th Aug. I saw a number of people on some waste ground near Pulteney Road, and Payne walking off with Mr. Tijon—I found a newspaper parcel where Payne had stood, containing a silver chain, three gold studs, and four threepenny-pieces on a split ring (produced)—I took them to the station and handed them to the inspector.
MR. FRITH here stated that his client would admit that he was guilty.
WILLIAM SEABROOK . I am a milk carrier, of Birkbeck Road, Leytonstone—on 9th August, at 7 a.m., I was in Pulteney Road, and found this silver watch (produced) on the grass, inside a garden gate—I took it to the station.
ROBERT WILLIAM CHINNERY . I live at Wanstead—on 8th August, between 6 and 7 p.m., I was sweeping my father's shop, some one called "Stop thief," and I saw Parker getting over a fence, and then over a hedge, and then he ran across a wheat field and fell down—he got up and ran away—I followed him to Barking Road, hallooing "Stop thief!" and a constable took him—he came from the direction of Pulteney Road.
JAMES WARE (Police Inspector J). I was on duty at Wanstead station on 8th August, when the prisoners were brought in and charged—Parker said "I shall be able to explain everything by-and-by"—I took the jemmy found on Payne to Mr. West's house a day or two afterwards, and it corresponded with the marks on the drawers—the prisoners said that they bad no fixed abode.
Cross-examined by MR. PURCELL. I first spoke to Mr. Joiner on Wednesday about coming here.
JOHN NUNN (Policeman J 138). I am stationed at Barking Side—on 8th August I was on duty, mounted, in Redbridge Road—Parker passed me about three miles from Woodford, and shortly after I received information, and galloped after Parker, and overtook him—I told him I should take him and convey him to Wanstead for being concerned with another man in breaking into a house—he made no answer—on the road to the station he said "I was standing at Woodford railway-station, and a gentleman asked me what time the next train to Liverpool Street was; I said 6.45; I then saw a number of men running and took up the chase"—I asked who he was running after—he said "A short man, dressed in dark clothes," and he lost sight of him behind a hedge—I said "You must have taken great interest in the run, you are so exhausted"—he
said nothing, he could not speak—only a common latch-key was found on him, and a sixpence and threepence.
Cross-examined. It is three miles from George Lane station to Woodford.
GUILTY .— Twelve Month' Hard Labour each.
HENRY JOHN HOLMES PLEADED GUILTY .**— Twenty Years' Penal Servitude. No evidence was offered against HARRIET HOLMES— NOT GUILTY .
MR. METCALFE Prosecuted.
THOMAS HENRY MCKELLO . I am eight years old, and live at 9, Char lotte Street, Canning Town—I knew the two prisoners before this—on 2nd August, between 6 and 7 a.m., I was sitting on a fence at the back of Mr. Rippe's shed in Charlotte Street, and saw Dance take a screw and undo the bolt of the gate—Wilson then took a costermonger's barrow away from near some stacks of wood—they both wheeled it up against the corner, and Dance got in, and Wilson wheeled him up Junction Street—I only saw a sack on the barrow; I was near enough to see that there was nothing else—I saw the gate wide open after the prisoners had undone it, and I had seen it closed between 9 and 10 the previous night—I did not speak to the prisoners.
HENRY FRANK RIPPE . I am a wood-chopper, of 28, Baker Street, Canning Town—I shut up my yard on 1st August, and left in there a barrow and five sacks, three wood-choppers, two saws, a large axe, and two or three files—there was another barrow, but they did not touch that—on the morning of 2nd August, a little past 7 o'clock, I was going to my yard, and when I got in to Charlotte Street I found my gate open—I had shut it the night before a little before 10 o'clock, fastening it with a padlock outside—I first missed the five sacks and three choppers, and then the other articles mentioned, which were safe the night before—I am a German—I know the two prisoners; Wilson worked for me the last three days in August, and Dance worked for me 18 months ago, but I sacked him—I did not see them on this morning, or give either of them leave to take these things away.
MARY BRACKETT . I am the wife of James Brackett, of 37, Shipwright Street, Canning Town—on 2nd August, about 4.30 a.m., I was in Char lotte Street going to work, and saw Wilson about two doors from Mr. Rippe's wood yard—I did not see that he had anything because I was in a hurry—I know Wilson very well—I did not notice whether he had a barrow with him—I did not see Dance with him.
HENRY LAWRENCE (Policeman K 558). I am stationed at Plaistow—at 5.30 p.m. on 2nd August I took Wilson in Quadrant Street, and told him I should take him in custody on suspicion of stealing a barrow, three
choppers, two saws, an axe, and several other things, from Mr. Rippe's wood yard in Charlotte Street—he said "You have made a mistake, I am innocent; I was carrying coffee for Coffee Jack from 12 o'clock at night up to 7 or 8 o'clock in the morning, about half-past 7"—I then took him to the station, and he was charged.
DAVID GEEBVBS (Policeman K 308). On 2nd August, about 11.20 a.m., I took Dance at his mother's house—I told him I should take him in custody on suspicion of stealing a number of tools from Mr. Rippe's, Charlotte Street, Canning Town—he said "I was not there; I went with a man from Reedham to Covent Garden Market last night; I am innocent of what I am accused of"—he was then taken to the station and charged, and made no reply.
The prisoners in their statements before the Magistrate and in their defence slated that they were not near the shed at the time; Dance stated that he was at Covent Garden, and Wilson that he was employed carrying coffee to a coffee-stall, and then went home.
NOT GUILTY .
Before Mr. Recorder.
MR. GREENFIELD Prosecuted; MR. GEOGHEGAN Defended.
THOMAS EANES (Policeman KR 65). On 2nd August I was on duty at Bow Bridge, and saw the prisoner—she said "Here you are, governor, I give myself up for being married twice"—I said "What is your name?"—she said "Bish"—I said "What is the other name?"—she said "Lowe"—I said "Where were you married?"—she said "At the Roman Catholic chapel up there," pointing towards Bow—I said "Where did the second marriage take place?"—she said "At Stratford Church"—going to the station she said that she had been told her first husband had gone out to America and died there from some affection of the brain, and that she had seen him the previous Saturday, and he threatened to give her to Bish—I produce the two marriage certificates. (The first of these certified the marriage of Elizabeth Vigors and Cornelius Lowe on 18th August, 1883, at Poplar Roman Catholic Church, and the second the marriage of Henry Bish and Elizabeth Lowe, widow, at St. John's Church, Stratford, on 20th July, 1887.)
Cross-examined. I have been stationed at Stratford six years—I do not know Cornelius Lowe—the prisoner has told me that he had seven days for stabbing her because she would not go on the streets, and his sisters tell me that he is a very bad character—the prisoner told me that the whole of his family went in mourning for him.
Re-examined. I made inquiries, found the first husband, and produced him at the police-court on the remand—I did not tell him what has been stated about his stabbing his wife.
PHILIP SAVILLE . I am registrar of marriages for the Poplar district—I was present on 18th July, 1883, at the Roman Catholic Church, Bow—I identified the prisoner and Lowe at the police-court as the persons referred to in this certificate.
HENRY BISH . On 20th July, 1887, I was married to the prisoner at St. John's Church, Stratford—I had been acquainted with her four or five years—her first husband's brother told me that he was dead, and I went home and told her—I knew the first husband; I saw him at the
police-court five weeks ago, but I had not seen him for 15 months before I was married.
Cross-examined. His brothers and sisters lived in Stratford—one of them actually told me that he was dead, and the family went in mourning for him—I know him as a man of bad character—he stabbed me when I went to protect his wife, and he stabbed his wife because she would not go on the streets—I took her off the streets—it is true that she left Lowe in consequence of his ill usage—I said to her "If it is the case that your husband is dead we had better get married," and she said "I think it would be the best thing"—as far as I know she honestly believed that he was dead, and she was told by her own people as well.
Re-examined. It is six or seven years ago that I was told that he illtreated her—he had been away from home for five or six years.
NOT GUILTY .
MR. GRIFFITHS Prosecuted; MR. BLACK Defended.
ARCHIBALD KITE . I live at Chapel End, Walthamstow—I was with Barthop (whose father rents a place to the prisoner) in his father's field adjoining the prisoner's premises, for the purpose of picking fruit, when it came on to rain and we went and stood under a wall by a barn—the prisoner passed, and said what a wet evening it was—I did not know him—he then went indoors—I and Barthop went into a shed for shelter—we leant against the doorway looking at the prisoner's doorway where he stood—he did not come out again—Barthop said "Hark, how that man is swearing about us"—I listened, and he was saying he did not care whether we were the landlord's sons or not; he would have us out of it—we stood back, and one of us said "There is somebody after old Perry's plum"—we heard a woman saying "Oh, pray don't," and then he fired at us against the door—I heard something rattle past me—I stood back, and he fired a second shot—we left the shed then—we saw the prisoner coming towards us when we went out—I went round the corner, and was getting over the fence into the yard when I heard a third report—I thought the man was coming behind me, and when I got to the corner of the shed I saw something flash just in front of me, and he fired then—I hallooed out "Halloa governor"—he said "Halloa, you b—y thieves, what are you doing here?"—Barthop's son came up thinking I was shot, and said "All right, Perry, you need not make such a row; we have a right to be on our own premises"—the prisoner made no reply—Jack said "Mother sent us down to pick a few pears"—the prisoner said "Your mother never sent you down to pick a few pears"—Jack "What did mother give us this basket for?"—this was a quarter—as we were going out the prisoner pointed the revolver in my face a said "If you don't go out of here I will put a b—y lead bullet into you"—he did not fire after me—he was 30 yards I believe from us when he fired.
Cross-examined. That was the first time I had been to the prisoners farm since he had it—Barthop's son came to my house and asked me to go there—there were four of us in the shed—there were no other people there besides our party; the other two were Mr. Barthop's sons; they were down there before us picking pears—we all went in the shed
together, and were there when the firing took place—it was a very wet night; it was not so very dark—it was dark in the shed, but not quite dark outside—the shed door was open—we were all in a group; pretty close together in the shed—two laid in the manger—I sat on the manger, and Jack on a half bushel basket turned up—the manger was at the other end of the shed from the door—I could see Mr. Perry at his door—it is askew from us—I sat on the manger about 20 minutes; it was raining all the time—an iron railing separated the prisoner from us when he came up to us and said it was a wet evening—he was three or four yards off then—the pear tree was a little way off—no names were mentioned—I stood against the door when the first shot was fired—one of Barthop's sons said for a lark after the first shot "It is some one after Mr. Perry's plums"—I should say there were three or four minutes between the first and second shots—I did not go back to the manger after he fired the first time; I stood by the door standing back a little—the others were laughing about it—the prisoner did not ask us to come out of the shed, nor who we were—he never said a word to us—I don't think we were smoking in the shed—we might have struck a light; there was nothing to set fire to, I don't think I did—I can't say if any of us were smoking—he fired the first shot from the step of the door, and the second one from against the window—that was when I looked just afterwards; he had not time to get far—I did not see the second shot fired exactly—I could not say if it was fired at me—four shots were fired altogether—the others went with me over the fence—We all went together—the prisoner knew who we were; I have seen him pass by, and he knows me as well as I do him, and he knew Barthop's two sons—we were all four together when he passed us the time of night—he stayed there two or three minutes—he did not ask us who we were—none of us said it was a wet night first—when he put the revolver in my face the hammer was up—I walked away then—he did not ask what right we had to go in the shed—he called me a thief, and said we stole his chickens—I did not say at the police-court we were in the shed when he fired all the shots.
JOHN BARTHOP . The prisoner rents under my father—I was sent with my brother, and asked Kite to help us pick the plums—it was coming on to rain, and we went and stood under a wall—the prisoner came up, and my younger brother said "Wet night, Mr. Perry"—he said "I don't know about wet; it will be wet"—he was 3 yards off then—I think he must have known the voice—it was not 8 o'clock—it was light enough for me to see my dog, who had run round the field, coming—he said nothing else—we went into the shed which belongs to my father; the prisoner does not rent that—I stood looking out of the door because the prisoner began swearing about us; he didn't care whether we were the landlord's sons or not; he would not have people prowling about his place at night—I spoke to Kite and he put his head out at the door, and I heard the report of a revolver—I was then in the shed; the prisoner could not see me, and I should think it was almost too dark for him to see Kite all that distance—I only recollect three shots altogether; the second was three or four minutes after the first—we all ran out of the shed together, and when we got over the gate the prisoner, who was standing at the corner, fired a third shot—Kite said "Halloa!"—the prisoner said "I will halloa you; what are you doing round my place at this time of night?"—he called Kite a thief—he said to me "Jack, I thought you
were a man; I know you are nothing but a b—y rogue and a thief now"—he held the pistol up to Kite and said" If you ain't off out of the yard I will put a b—y bullet through you."
Cross-examined. There is a stable at the other end of the shed—a barn separates the shed and stables—the prisoner rents them from my father—it is not a very lonely place; there are not many people about at nighttime—I believe the prisoner has requested my father to look after the premises there—I believe it is the prisoner's place to look after the shed—I do not know that he was authorised to look after it until after the affair—the prisoner had stables 14 or 15 yards away from the shed, and a fowl-house this side of the stable, and an orchard and garden—it was dark, and the rain made it darker—I think I lit my pipe when I went in—I heard the prisoner say "I don't care whether they are landlord's sons or not; I won't let them stop prowling round ray place"—my brother had been to the prisoner's wife before we went to the place—the prisoner never came and asked who we were—I did not think the shot was fired at me—I was not going out in the rain to tell him who I was; if he came up and asked me I would have told him; he did not do it to me—I know my brother's evidence differs from mine because it has been made up—he was there, and he is a witness for the prisoner.
Re-examined. If he says anything different from me it must be made up—I have heard nothing of any communication between him and Perty.
By the JURY. Perry has only got, the stables; the shed and the fields we were in have nothing to do with him.
PHILIP PEICKBTT (Policeman NR 36). I received a summons against the prisoner, and on Thursday, the 8th I went to his premises which I examined, and on the door of the shed that has been spoken of I found shot marks; I could not say if they were fresh ones—on Friday night I visited him and the prisoner gave me this six-chambered revolver, loaded in three barrels with ball cartridges—two barrels had been fired, and one was empty—I measured the distance from where the prisoner was standing to the shed; it is 20 yards—coming on the remand from the police-court I said to the prisoner that he had better produce the revolver before the Judge at the Court, and he said "You can have it if you come up for it to-night"—he said when he gave it to me "That is just how I left it," and that he fired off two, and one was empty—policemen patrol about there.
Cross-examined. He said he had loaded five barrels, and that one was not loaded—there were shot-marks all over the door; I could not say they were recent—they were inside the door when it was closed—it is a pin-fire revolver; you can keep the hammer raised—I see the shed and the house on this plan (produced).
The Jury here stopped the case and returned a verdict of NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
Before Robert Malcolm Kerr, Esq.
CHARLES HARTUMP . I am execution officer of the Greenwich County Court, appointed by the High Bailiff, and employ possession men—I have employed the prisoner for some time—on the 9th August I instructed Mr. Marks, and handed him a warrant of execution against Mr. Golding, of Eltham—on the 11th I went to the house to see how things were going on, and found that the prisoner, who had been put in possession, had gone, and was afterwards shown this receipt for 15l. 7s. 8d. in the prisoner's handwriting—I did not see the warrant again—it is a public document, filed in the County Court, and kept for a long time—the money ought to have been handed either to Marks or myself at the Court or wherever he might find us—I never received the money.
THOMAS JOSEPH MARKS . I am assistant execution officer of the Greenwich County Court—I put the prisoner in possession at Mr. Golding's on the 9th August, with a warrant of execution for 15l. 7s. 8d.—I gave Mr. Golding this notice on which the receipt for the money is now written—I saw nothing more of the prisoner until he was in custody, nor did he ever hand me the money—I saw his mother the second day after—I did not know his address.
Cross-examined by the Prisoner. You asked me to leave you a shilling on the 9th and I refused—my orders were not to give money.
JOSEPH GOLDING . I live at High Street, Eltham—the prisoner was put in possession at my house on the 9th August for 15l. 7s. 8d.—I paid him the money the same afternoon, for which he gave me this receipt—I don't know what became of the warrant—he did not leave it with me, nor have I seen it since.
THOMAS FRANCIS (Police Sergeant R). A warrant for the prisoner's arrest was placed in my hands, and I met him in Baildon Street, New Cross—I told him I held a warrant for his arrest for stealing 15l. 7s. 8d. belonging to the Greenwich County Court, and a warrant—he said "I got a drop of drink, and got in company with a lot of men, I spent some of the money and was ashamed to go and see Mr. Hartump; I went to Liverpool and there spent some of the money and lost some"—I said "And the warrant?"—he said "I don't know what became of that."
Cross-examined. I have known you about 12 years—you were a letter carrier when I first knew you—I believe you went to work at Woolwich Arsenal for some time, and then went to Mr. Hartump.
GUILTY.—Recommended to mercy. — Eight Months' Hard Labour.
MR. C.C.M. BAKER Prosecuted; MESSRS. BESLEY and BEARD Defended.
NOT GUILTY .
Before Mr. Recorder.
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. ROGERS Prosecuted.
REBECCA BRIDLE . I am a domestic servant, of 4, Coleraine Road—on 12th August, about a quarter to 12 in the day, I saw both the prisoners in Coleraine Road—I shut the side door, the gates, and the windows, and stopped in the kitchen a little while, and then went upstairs—in about five minutes I heard a knock at the door—I came down and found the side door open, and Mr. Perkins, the butcher, there; he said something to me, and I went and looked in the kitchen and missed my watch and chain from the kitchen-table—I had seen it safe not five minutes before—it was worth 4l. 8s.—I told Mr. Perkins I had lost it, and he went out directly and brought back Hall, and I gave him in charge—when I saw the prisoners in the road they had tracts or bills in their hands like these (produced)—I am sure the prisoners are the men I saw.
Cross-examined by Emmett. I first picked out another man at the station three weeks afterwards, but not for long, as soon as I saw you I condemned you.
EDWIN PERKINS . I am a butcher, of 29, Trafalgar Road, Greenwich—on 12th August, about a quarter to 12, I was in Coleraine Road, and saw the two prisoners together with tracts in their hands—I afterwards went to the side door of No. 4 to take a basket of clothes, and I saw Emmett come out of the side door of the kitchen, which was wide open—I knocked at the door and Mrs. Bridle came down—I said something to her, and she went into the kitchen, came back, and said her watch and chain were gone—I ran out, jumped into my cart, and galloped on, and saw Hall just round the corner, and Emmett running as hard as he could—I caught Hall and took him back to the house, and he was given into custody—I next saw Emmett one Saturday, three weeks afterwards, standing at the corner of Mill Lane, Deptford; I was on a tram—I pointed him out to Inspector Phillips—I had a good view of both the prisoners, and am positive they are the men.
ERNEST GONSALVEZ . I am assistant to Mr. Perkins, I was with him and saw the two prisoners in Coleraine Road—Mr. Perkins afterwards went to No. 4, leaving me outside—I saw Emmett come out of the side door, Hall was standing opposite behind a tree—Emmett began running, Hall followed him—I saw my master go after him and catch him—I afterwards picked out Emmett at the station.
HENRY BIRD (Policeman R 150). I found Hall detained by Perkins—I told him he must come to the station—he said "All right"—he was searched at the station, I found these tracts on him; he refused his address.
HENRY PHILLIPS (Police Inspector R). On 28th August Perkins pointed out Emmett to me—I said to him "I am going to take you into custody on a charge of stealing a watch and chain last Friday at Westcombe Park"—he said "All right, I will go with you," and turning to Perkins, he said "Do you say I am the man?"—Perkins said "Yes, I do"—he said "Oh, I am glad of that"—on the way to the station he said" If I had been guilty I should have run away, I have been working in the Millwall Docks"—I searched him but found nothing on him except these trade circulars.
Hall's Defence. I know nothing about the watch and chain, unfortunately I was in the street at the time.
Emmett's Defence. I know nothing of the robbery; I have lived in Deptford 16 years, this is the first time I was ever in trouble.
GUILTY .— Four Months' Hard Labour.
MR. BOYNS Prosecuted.
NANCY HOPLEY . I am the wife of Richard Hopley, a wardrobe dealer, of 2, Tustin Street, Old Kent Road—on the evening of 31st August when I returned home I found a crowd outside my shop—I went in and saw some clothes on the ground that had been dragged out from the shelf—I told a girl to go indoors and, fasten the door, and I went down the street to see if I could see the man that had taken the clothes, as I had received information about the loss of them—a policeman followed me—when we got to the bottom of the street somebody told the policeman the clothes were at 29, Stockwell Street—we went in, the clothes were there—they were part of my stock—I brought them away—I only saw two ladies there.
Cross-examined by the Prisoner. You were also in the house when I found the clothes—the policeman was walking in the middle of the road and your mother called him in.
ALICE SPRINGETT . I live at 76, Ormside Street, Hatcham, and work for Mrs. Hopley—I was in charge of the shop on 31st August—at 6.30 or 6.45 I was at the back—I heard the bell on the door of the shop ring, and running to the shop I saw a lot of suits of clothes lying on the floor—I went to the front door and saw a young man running down the street, but I could not swear who it was.
Cross-examined. He had a hard round hat on and a dark suit.
RICHARD HALLO RAN . I live at 22, Stockwell Street, Old Kent Road—on the last Wednesday in August I was standing at my door when I saw Charles Lewis running down the street with a bundle of clothes under his arm—he took them into his house, and a few minutes afterwards he came and stood outside his door—he was not many doors from where I was; I am sure it was the prisoner.
FRANCIS SHAVE (Detective R). I arrested the prisoner on Saturday morning, 3rd September, at his house, 29, Stockwell Street—I told him I was a police officer and should arrest him for stealing seven suits of clothes from Mrs. Hopley, of Tustin Street, on the Wednesday previous—he said "I will tell you the truth; a man named Ben came home with mother in the afternoon; alter tea we went out together, and went up Tustin Street; when opposite Mrs. Hopley's shop he said' I am going in here to get a few things;' I went to. the top of the street: he then came out with some clothes under his arm, and asked me to take them home for him, which I did"—I took him to the station, he was charged, and there made a similar statement.
The prisoner in his defence repeated in substance the above statement, and added that he did not know the man's full name; and that the other things were thrown into the passage of their house after he was at home.
the prosecutrix on 31st August when she complained of the loss of these things, and went in search of someone—we were going down the street and Mrs. Lewis called out to me and said "Some man came running down the street, he threw these clothes in the passage and ran out again"—I asked her whether she knew the man, she said she did not—the prisoner was there—Mrs. Hopley took her things and I came away—an alarm was raised in Tustin Street before I was called—I found seven suits of men's and boys' clothes in the house; they were all mixed up together, picked up from the floor and put on the mangle together.
Witnesses for the Defence.
ANNIE LEWIS . On 31st August I got home about half-past 5; my son, the prisoner, made me some tea, and I was talking to my son in the wash-house when I heard a thud in the passage; I turned and saw a man with a hard hat and frock coat go from the door—I was putting on my coat to fetch a policeman when my little girl said something to me; I went down the passage, saw the policeman passing, and called him in—when I saw the clothes they were lying between the doorway and the mangle on the floor—my son was in the house at that time; I don't know if he had been out before I came in—he said nothing when he saw the clothes on the floor; he did not say he had brought in two of the jackets.
Cross-examined. Two old ladies who live opposite came home with me Ben Ramsay is a cripple who lives close to us; he was not with me—I did not see two jackets—before I went out the child said "There is a bother in the street"—there are so many things on the mangle that I did not notice if the clothes were there when I came in.
SUSAN VINCENT . I am landlady of this house—the prisoner had been in my washhouse the whole day—in the afternoon I asked him to sell some horsehair for me, as there was no food in the house—he went out with the horsehair, but could not sell it, as the man at the shop was out; he brought it back a little before half-past five—I saw nothing else in his hands when I took the horsehair from him—he did not leave the house afterwards—his mother came in and drank the tea he made her—they came into the washhouse, and while talking a thud came into the passage; we turned immediately—I followed and saw these things down between the mangle and the street door—I heard the prisoner say he had brought home two jackets, but I did not see anything of the kind when he came in.
ANNIE PENNY . I live at 44, Stockwell Street, on the other side of the way to the prisoner's mother—about half-past six I was going up Stockwell Street, and I saw a man run round the corner of the street with as much clothes as he could carry—he ran by me and dropped the clothes, and asked me to pick them up; I did not, but passed by him and walked on—I could not swear to the man; I only saw his back as he ran down the street—he had a frock coat and black hard hat on.
Cross-examined. He did not drop all the clothes in the street; I don't know if he picked them up or not, I went on—I did not see his face; it was covered up by the clothes as he ran; I only saw his back as he ran down the street.
ANNIE OWENS . I live at 13, Stockwell Street—on this day I was at my window picking dry leaves off a geranium; I saw a man coming down the street with as much clothes as he could carry—he had a hard hat on, and I think a pepper and salt coat and low ankle jack-shoes—I watched
him go down the street as far as I could see him; he was going towards Mrs. Lewis's house; he was not the prisoner.
Cross-examined. I should not know the man if I saw him again; he had his hat over his eyes and the clothes before him; I might recognise his back; he had a jacket on—I did not see the prisoner at all in the street—I only know the prisoner by seeing him in the street.
----WILLIAMS. I am a grocer—on 31st August I heard a cry of "Stop thief!" at the end of Stockwell Street where it comes into Tustin Street—I saw a man walking fast; he turned round and went back when he saw me—he had nothing with him—that was between half-past five and six—I went in my shop to serve a customer—I looked out and saw him going down Tustin Street towards the canal; he had nothing then; I saw no more of him—I saw Lewis come out of Stockwell Street into Tustin Street just after him and go up towards the Kent Road, smoking a cigarette; he had nothing with him—he and the man had Just left his mother's house, where the clothes had been deposited—I know that because I saw them come along the street from the corner—I did not see them in the house.
NOT GUILTY .
961. CLAUDE CAYTON (39) , Stealing a metal tankard, the property of George Bigge. The prisoner did not speak when called upon to plead, and the COURT ordered a plea of NOT GUILTY to be entered for him.
MR. CARTER Prosecuted.
GEORGE BIGGE . In July I was a cadet at the Royal Military Academy, Woolwich—on 19th July I had sprained my ankle, and was lying on my bed about four p.m., when the prisoner came in and went to the mantelpiece, took this metal tankard, put it in his bag, and went out—I followed him and knocked him down—he left his bag and hat and went across the common—he had on India-rubber tennis shoes—he could not see me as my bed was behind the door—I did not know him before; he had nothing to do with the barracks.
JOHN FRANCIS FISHER . On 19th July I was a cadet at Woolwich—I saw the prisoner come down the steps of Mr. Bigge's house—Mr. Bigge pursued him and knocked him down, but was unable to pursue him on account of his ankle—I caught him—he said "Don't give me up to the police," but I did so.
FRANCIS MULVEY (Policeman R 209). On 19th July, about five p.m., I was on duty on Woolwich Common and saw the prisoner run across and some cadets going after him—I took up the chase, and after running about a mile I met him and some of the cadets coming back—I took him in custody—he said "I know I have made a mistake; I am a gentleman; don't press the charge on account of my family, not on account of myself"—he had cricketing shoes—he was quite sane then, but now he is putting it on—I found on him a silver watch, a brass chain, a pipe and case, two match boxes, and this eyeglass.
DR. HERBERT HILLIER . I was called to see the prisoner at the police-station—he showed no signs of insanity then—I saw him again a week afterwards and he was behaving the same as he is now—he is merely shamming.
(The prisoner when called upon for his defence did not speak.) GUILTY .—He was further charged with a conviction of felony at Aylesbury in January,
1874, when he was sentenced to Ten Years' Penal Servitude, to which he made no answer , and the charge was not proceededwith.— Six Months' Hard Labour.
(There was another indictment against the prisoner for attempting to commit suicide.)
MR. WILMOT Prosecuted.
JOHNSTON PALMER (Policeman R 204). On the evening of 19th August I was at Mottingham, Kent, and saw a man coming towards me on a pony—he passed me, and I called to him to stop, but he urged the pony on—I ran after him—the pony turned sharp off at Smith's forge, and the man jumped off and ran away—I pursued him with Nash, but missed him at a turn of the road—I ran on three-quarters of a mile farther, and then turned back and found the prisoner held by another witness—I am sure he is the same man, and he looked as if he had been running—I charged him with stealing the pony—he said he had made a mistake—it was about 9.50 when he passed; there was a good light from the windows of the houses and from a public house—I was within two yards of him—he was going at the rate of eight or nine miles an hour—I did not know him before.
CHARLES NASH . I am a farrier, of Mottingham—on the evening of 19th August a man passed me on a pony—a constable in uniform called on him to stop, but he went on faster—I went after him, but my boots were undone—he jumped off and tried to escape—he ran straight down the Lee Road—the constable was in advance of me—I heard a rustle in a hedge, and the prisoner came out and doubled back, and said, "I am not the man that had the pony"—perspiration was running off him fast.
JOSEPH STOCKBRIDGE . I am bailiff to Richard Higgs, of Eltham—on 19th August, at 7 p.m., I had a mare pony in a field, Mr. Higgs's property—a constable came, and we went into the field and missed the pony, which I found at the station, and the prisoner was in custody—there was a chain to the gate, but it was only tied, not locked.
The prisoner in his defence denied having been upon the pony. GUILTY . He then PLEADED GUILTY to a conviction of a like offence in the name of William Cooper at Chelmsford in July, 1884.— Twelve Months Hard Labour.
963. CHARLES JOHN HARRIS (40) , Stealing a ring and a silver watch, the goods of Harriet Price; also a gold chain of Elizabeth Irvine; also two forks of Ann Berry; also a gold chain of George West (See page 384).
MR. POLAND, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. BAKER Prosecuted; MR. GEOGHEGAN Defended.
GUILTY .— Three Months' Hard Labour.
CHARLES WILLIAM BARCLAY . I am a waiter at the Royal Naval School—the prisoner was formerly employed there, and knew the premises—on the morning of 24th August, a little after 6, I got into the field where the boys play, and was going towards the iron gate leading into the school, and saw the prisoner—I said, "My God! is it Mark?"—I noticed clothes lying all round him on the ground—he ran away and went over the wall and got away—I went and picked up the things—they were the property of Mr. Gaskin, one of the masters.
Cross-examined by the Prisoner. I had to get over the wall, as we all have to, because we are on leave just now, and the butler does not get up so early.
JAMES GEORGE DALE . I am an officer in the Customs—I occupy a cottage just opposite to the Royal Naval School—I saw the prisoner pass my front window, cross the road, and get over the wall into the play-ground—I went upstairs to see bettor, as I had a reason for watching—I saw the prisoner for a minute or two in conversation with the man, and then the prisoner got over the wall with a parcel in his hand, done up with white straps—I saw Barclay pick up some things off the ground, and go towards the school.
Cross-examined. I picked you out among six or seven others at the police-station on 2nd September.
ERNEST GASKIN . I am one of the masters at the Royal Naval School—these things are my property, except one or two articles—I left these things safe in my room—I also missed a dress suit and another coat and waistcoat, and some jewellery which had been left in my room—I have not seen those since—I do not remember the prisoner being at the school.
DENNIS SWEENEY (Police Sergeant 35). In August last I had some property belonging to the prisoner at the police-station—on 25th August he came to Brockley station and asked for his property—I was waiting to arrest him, and I took him on this charge—he made no answer when I read the charge to him—when I arrested him he said he knew nothing about it.
The prisoner in his defence asserted that Dale and Barclay were related, and had a spite against him.
GUILTY .—He then PLEADED GUILTY** to a conviction of felony in August, 1886.— Five Year' Penal Servitude.
Before Mr. Justice Grantham.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
NOT GUILTY .
969. EDWIN ARCHER WOOD (55) PLEADED GUILTY to feloniously sending a letter threatening to destroy a certain building belonging to William I White Palmer.— To enter into his recognisance to appear for judgment if called upon.
MESSRS. POLAND and MEAD Prosecuted; MR. GRAIN Defended.
PATRICK CLARK . I am labourer—I lived at Morley's, a common lodging-house—on Monday night, 1st August, Bank Holiday, about half-past 10, I was outside Brown's beer-house in Lant Street, Borough, with Thomas Balch—he was not exactly sober, and I was a little the worse for drink—a pony and barrow were standing outside with a rug on it—the prisoner came out of the beer-house with Philip Sharp—the prisoner said to me "Get away from here; there is nothing here that wants moving"—he shoved me, and Sharp hit me, and the prisoner hit Balch at the same time, and knocked him down—I went down on my hands and face—when I got up Balch was on the ground on his back—I called to a woman for water and bathed his face, and I tried to got some brandy down his throat—he was insensible—he never spoke—I did not see him kicked—he was taken to the hospital—neither I nor Balch had touched the barrow.
Cross-examined. I had known Balch about 12 months—I don't know what he was—I have heard that he had been in prison several times—if he had been kicked I think I must have seen it.
HELEN STEVENSON . I am the wife of Thomas Stevenson, a boot finisher—I live nearly opposite Brown's beerhouse—between 10 and 11 o'clock on the night of 1st August I was looking out of my window, the second floor front—I saw two young men standing outside the beershop—I saw the deceased stroke the pony's neck—the prisoner came out of the beershop, and told them if they did not go away he would shove them away, and with that he shoved Clark and threw him on his hands and face, and he ran after Balch in the middle of the road, threw him on his right side, and kicked him—I saw clearly what happened—the prisoner went back to the beershop for two or three minutes, and then got up into the pony-cart and drove away—the deceased did not strike the prisoner, or attempt to do so—they were all strangers to me.
Cross-examined. My husband saw all that took place—the kick was in the head; I could not say exactly where—it was a violent kick; I heard it; it sounded like a stone thrown into the water—Clark had not got off his face and hands when the kick was given—I knew the deceased by sight for about two months, but not to speak to.
came out of the beershop and ordered them away—he pushed Clark down and then ran into the road and hit Balch a severe blow on the back of his head, and kicked him—I heard the kick quite plain—Balch never attempted to strike the prisoner.
Cross-examined. Clark did not touch the pony—the kick sounded as if he had thrown something into the water—I should think it would have left a mark on his head—I did not hear Balch use bad language.
JOSEPH HENDERSON . I did live at 15, Lant Street, on the same side as Brown's beershop—I was looking out of my window on the second floor and heard a noise and high words—I saw Smith and Sharp ordering Balch and Clark away, and they disappeared round the side turning—soon afterwards I saw Balch run out into the middle of the road, and the prisoner after him—he knocked him down, and drew back his foot as if to kick him, I could not say where—the prisoner then went back to the beershop and had drink; he came out in about four minutes and then drove away—Balch lay there still till the police came and took him away.
Cross-examined. I would not like to say that he was kicked at all.
Cross-examined. It was a violent kick—I did not hear any sound.
Cross-examined. It was a very violent kick—I should think it must have left a mark.
JOSEPH ASHLEY (Policeman). I came up and found Balch lying on his back—he died very shortly after—I noticed some finger-marks on his neck; those were the only marks I saw—there were a great many drunken people about.
Cross-examined. I saw none of the witnesses there.
PHILIP SHARP . I live at 27, Pepper Street, Borough, and am a matchmaker—the prisoner is a friend of mine, he is a general dealer and goes about with a little pony and cart—I was with him on this night at Brown's beershop—we left the pony and cart outside, with a rug on the seat—we came outside; Balch and Clark were there—Clark was at the pony's head, stroking him, and Balch was behind the barrow—the prisoner told them to go away—Balch began swearing, and he struck the prisoner—Clark put his hand across towards the prisoner, and I hit him, and he fell—Balch went into the road after hitting the prisoner and the prisoner after him—I did not see any blow struck, but when I turned round Balch was on the ground—I saw no one kick him; if the prisoner had kicked him I must have seen it—I was only six or seven yards off—the prisoner and I were both sober—the prisoner asked some man to get some water—we then went into the beershop for five or ten minutes, and, then drove away—I had no idea the man was seriously injured; they said he was in a fit—I heard next morning that he was dead, and the prisoner went at once and gave himself up—I have known him 11 years as a hard-working, respectable man.
NOT GUILTY .
MR. ERNEST BEARD Prosecuted; MR. WARBURTON Defended.
NOT GUILTY .
Before Mr. Recorder.
MR. HEDDON Prosecuted.
JOHN JOHNS . I am a carpenter, and live at 35, East Street, Walworth—on the night of 13th August I was in Newington Causeway—I went into the Alfred's Head; as I was coming out I met the prisoner—he came up to me and said "Halloa, old man, how are you getting on? come and have a glass with me"—I said "No, I am off now to meet my wife at Liverpool Street station"—I crossed the road to a 'bus, he caught me on the road and said "Come on, old man, and have a glass with me," and I went in with him—he called for a drink, and a regular rank Irishman came in and took a pocket-book out of his pocket—the prisoner said "Come to the door, I want to speak to you," and he gave me some notes, put a sovereign on the top, doubled them up, and gave them to me and said "We can do him, he has plenty of money, he has just come for his holiday from Ireland"—I could see in a minute that they were on the trick, and I called out "Police!" and got out at the door—they followed me into the street, the prisoner and the Irishman, and another; there were three of them—the prisoner said "You have got my notes and a sovereign"—I said "Yes, you gave them to me, and what anybody gives me I will stick to"—then they handled me and tried to knock me down; they tore my pocket all to pieces very nearly, and took a two-shilling piece and some coppers; the coppers fell in the street, the two-shilling piece he had in his hand—a policeman came and took the prisoner, the others ran away—I had 4l. 10s. in gold before I was assaulted, that was not taken.
Cross-examined by the Prisoner. I had very little to drink, I knew what I was doing—you treated me at two houses—we were not in the Bookingham at all—I gave you in charge, and you gave me in charge for stealing the sovereign and three notes, but you gave them to me—I suppose you saw that I had money in my hand at the Alfred's Head—I had the 4l. 10s. in my waistcoat pocket—I don't know whether it was wrapped in paper—I gave the notes and sovereign to the police at the station—at the time the police came up I did not know that I had lost any money—I knew I was 2s. short.
GEORGE WESTON . I live at 9, Minto Street, Bermondsey—about a quarter to 7 on Saturday evening, 13th August, I was going up Newington Causeway and saw the prosecutor come out of the King's Head shouting "Police!"—the prisoner came out directly after and said to another man "Where is the old b—?"—he said "There he goes"—the prisoner ran after him, seized him by the collar, and threw him down on the pavement, put his hand in his left-hand trousers pocket, and pulled out a two-shilling piece—I caught hold of the prisoners arm and said "What are you doing here?"—he said "You know nothing about it"—another man struck me a blow in the chest at the same time—a crowd got there—I saw two constables and I ran and
told them to hurry up, and they came and took the prisoner and prosecutor to the station and me also for a witness.
Cross-examined. You nearly pulled the man's pocket inside out, and I saw a two-shilling piece in your hand—I did not see any money fall.
JOHN LEWIS (Policeman M 168). I saw a small crowd in Newington Causeway; I went up, and saw the prosecutor on the ground and the prisoner standing at his feet—I asked what was the matter—the prisoner said be wished to give the prosecutor into custody for stealing a sovereign; he said "We were both larking in the public-house," pointing to the King's Head, "and my sovereign was on the counter, and this man picked it up and walked away with it"—the last witness and Hillman said "That is the man you should look after," meaning the prisoner—I said "Why?"—they said "We saw him put his hand in his trousers pocket and take a two-shilling piece out"—I said "Can you swear to that?"—they said yes, they were positive—they all came to the station, and there the prosecutor pulled out three flash notes and a sovereign, and handed them to the inspector and said "This is what I received from him outside the public-house"—after some considerable time the inspectors consulted with each other, and eventually the prisoner was charged by the prosecutor with stealing a two-shilling piece—in reply to the charge the prisoner said "All right."
Cross-examined. The prosecutor had some money in a paper, I do not know what it was, I believe he had two sovereigns and some loose silver—you had 30s.
THOMAS HILLMAN . I am a pastrycook, and live at 31, Church Street, Camberwell—I saw the prisoner come out of the King's Head with two other men and run after the prosecutor—the prisoner said "Where is the old b—?"—the other one with him said "There he is"—they both ran up to him, and the prisoner knocked him down, thrust his hand into his trousers pocket, and pulled out a piece of money; I did not see what it was, I could see it was either a two-shilling piece or a half-crown—Weston went up to assist the prosecutor, and the other man hit him in the chest and thrust him in the road—the police came up, and the other man ran away.
The Prisoner's Statement before the Magistrate. "I never stole anything from him. I knew he had 4l. or 5l. in his pocket, and I could more easily have taken that than my own sovereign."
The prisoner in his defence stated that the prosecutor took his sovereign, and that was the reason he followed him to try and recover it.
GUILTY . Re then PLEADED GUILTY to a previous conviction at Leicester in January, 1884.—Six Months' Imprisonment without Hard Labour.
MR. HUTTON Prosecuted; MR. PUEOELL defended Brooks.
FRANK COUSINS . I am one of the firm of Frank Cousins and others, wharfingers, of St. Saviour's Wharf, Dockhead, Bermondsey—I gave information to the police, in consequence of which they watched Brooks in his journeys—he is a carman in our employ—this bag is ours to the best of my belief—it is not sweepings, but best flour—even if it were sweepings Brooks had no right to take it or give it away.
Cross-examined by MR. PURCELL. Information was given to the police a week or 10 days before; I presume they came on watch immediately—Brooks's duty was simply to take away whatever flour was loaded on his van; it was no part of his duty to take flour from the warehousemen to put on his van—there is one particular team of seven men to load flour from the wharf—all deliveries would be made by the delivery team under the supervision of the delivery foreman, Field—he was on duty on 12th August—it would be his duty to see that only that flour was laid on the prisoner's van which he was entitled to take away, but when we are busy we have to put on a second team with another foreman, who might be Pow—Sales is general foreman of the wharf, and superintends the wharf—we can load three or four vans at the same time—I was not there on the 12th—Brooks would sometimes have to take away more, and some times less than two or three loads—it would be his duty to go to St. Katherine's Dock and bring consignments of flour from there to our wharf, or from different bakers—sacks are usually sewn at the top—the sacks and bags sent from our place have the name of the brand on them—thousands of sacks of that brand may be delivered at our place, and at many other wharfingers' also—I should not like to swear that these bags have ever been at our premises—Brooks would not be allowed to go into the warehouse and select anything from the bulk to be delivered to the cart—the bags are sometimes torn in transit—it would be very easy to replace any spilt flour although the mouth is sewn up—if the bag is broken in the journey, and the hole is big enough for flour to run out, it is invariably sewn up at the wharf—I have never known of sacks bursting when being delivered—if they burst when put into the van sufficiently for flour to come out it is discovered at once—Brooks has been two or three years with us—he was with Cornell before, I do not know how long—before that he was with Allen, who recommended him to us, but I do not know how long, nor do I know that he was with Horsenail and Catchpool for 10 years before that—there was then no gatekeeper at our wharf to examine vans as they left—the carman comes in, and a clerk would take his signature, and then he would go—Mr. Sale is here—he has left our service, we discharged him—the men at the wharf who used to load the vans are not here to my knowledge."
Cross-examined by Rudd. I only know you by sight; you have not been in our employment—I know nothing about you.
Re-examined. After we discovered these robberies we discharged a number of men—if these sacks had broken open in the cart Brooks would not be entitled to take the flour into his own house, or give it to Rudd—it would be his duty to report it to me—the flour in one of the bags is worth 3s., and in the tub 6s.—the total value of the robbery would be 9s.
By the JURY. It was the duty of the foreman who delivered the flour to check it into the van.
ALBERT PEARCE (Detective Officer M). On 12th August I and Bradford went to the prosecutor's wharf about 11 o'clock, and about 11.5 Brooks drew up at the wharf with a one-horse van, into which he had two sacks of flour put; he then turned the horse and van round, and drew up a few yards away on the opposite side of the street—he left the horse and van there, and went to the wharf on two occasions, and on the second occasion he brought two small bags from the direction of the wharf, which he put
into the van—this is one of them (produced)—he got up and drove away to Parker's Row, where a woman got into the van with him—he drove to Prospect Place, where the woman got down and went into No. 25—the prisoner followed with one of the small bags—the woman shortly afterwards came out with an empty bag, which she threw into the van—I cannot say if it was the same bag she had taken out—Brooks lives at 25, Prospect Place—he then drove to Rotherhithe Street, and went into 178, a baker's shop occupied by Kohnlein—he came out shortly afterwards, and handed a small bag similar to the one which he had taken into Prospect Place into the shop—shortly afterwards the bag was thrown out to him empty—he then joined the baker, and went with him to a public house adjoining, where they had something to drink, and I saw the baker hand something to Brooks, who turned the van round to the prosecutor's wharf in Rotherhithe Street, and after waiting some time 28 sacks of flour were put into his van—he then drove away, and I and Handford followed him to Bishopsgate Street, where Rudd joined him—they stopped at the Lucky Bob public-house, went in, came out after a few minutes, and then Brooks handed the third small bag from the van to Rudd, who walked away with it—Sergeant Bradford stopped him, and I went and stopped Brooks with the van—I said "What have you given that man?"—he said "I have given him nothing"—Rudd was brought back to Brooks, who then said "He was out of work, and I thought it wan no harm to give him these flour sweepings"—the van was unloaded at the Great Eastern Railway, Bishopsgate Street, and then we took him to the police-station—we afterwards went to 25, Prospect Place, where Brooks's wife showed us the flour in this tub (produced)—when the charge was read Brooks said "The flour was given to me by Mr. Summers, a baker, in Brushfield Street, to sell for him"—this is the sack given to Rudd—something passed between the baker and the prisoner in the public-house—I could not see what it was.
Cross-examined. I was 40 yards I think from where the van was being loaded at the wharf—the van was half way between me and the wharf—there was not more than one van there at the time Brooks was loading—I could not say how many men were loading it—Brooks was in the van, which is partially covered—I do not know who was superintending the loading of it—I do not know Sales—after two sacks were put in the van and it moved a few yards, I could see the wharf and van, but I could not be seen—the van could be seen from the wharf after it had drawn out—Brooks brought three bags in his two journeys from the wharf to the van—he was carrying one or two bags the first time; I cannot say which, and the second time he was carrying a bag—I could not see the wharf, and cannot say where he got it from—Kohnlein is not here to my knowledge—when I asked Brooks if he had given anything to the man, Rudd was not in sight—I had only been on observation at the wharf one day before this.
WILLIAM BRADFORD (Police Sergeant if). I went to this wharf on 12th August, having watched there one day before—I saw Brooks with his van there—Pearce's account is quite true—I saw Rudd come up in Bishopsgate Street and get into the van—they both got down and entered the Lucky Bob—after a few minutes they came out; Brooks got on the fore part of the van and took down this flour and handed it to Rudd, who took it away—I followed and stopped him, and asked him what he had
got—he said "Only a little bit of flour; I have known him about three years, and knowing I was out of work he gave it me for the children and knowing him I did not think there was any harm of it"—this is the bag—I took him back to Pearce and Brooks—we allowed Brooks to unload the van, and then took him to the station—I afterwards went with Pearce to Brooks's house—his wife made a statement to me—I went upstairs and found this tub containing a quantity of flour—when the charge was read to Brooks at the station, he said "The flour was given to me by a baker named Summers, in Brushfield Street, Spitalfields"—I asked him when he gave it to him, and how much he gave him, and he said he did not know—I said "How much have you got to give him for it?"—he said "As much as I can get."
JAMES SUMMERS . I am a baker of 18, Brushfield Street, Spitalfields—I am the only baker of that name in that street; there are several other bakers there—I know nothing of Brooks—I have never sold or given him any flour.
Cross-examined. I have never had any flour from Messrs. Cousins delivered at my place.
The Prisoners' Statements before the Magistrate. Brooks says: "I did not take the three bags out of the wharf, nor put them in my van, where I had them from. I will tell you the truth, it was only two small cochels that I took out of the sacks with holes in, the Wednesday or Thursday before which I loaded from St. Katherine's Dock. I took them out for my own use. It is to my friend here I am very sorry; I gave him what I had left in the van for his wife and children, as he was out of work. This foreman, Mr. Sale, loaded two sacks in my van at St. Saviour's Wharf; he said 'Pull out,' and I drew out and made room for another van, and stood just opposite the office window and looked at the wheel of the van and went in and signed. I came out of the office and Mr. Sales stood at the door after I had signed. I went to the van and unloosed it and got up and drove to my own house first, to deliver the cochel there, and went from there to Fisher's Wharf, Rotherhithe, and there fetched the other twenty-eight bags. I stopped opposite Kohnlein's, and he looked at my horse's food and called me into his yard and showed me his; I had my horse's food bag in my hand at the time, and he said he gave his horses eight quarters of corn a day, and I said that was better food than what mine got, and out I came and put the sack up in the van. He asked me to have a drink, which I did, and then I loaded the twenty-eight bags and came straight away. No money was passed between us. What I say is the truth. I did not have it from the wharf, but on Wednesday or Thursday from St. Katherine's Wharf." Rudd says: "When I met my friend he gave me this flour. Where it came from I do not know on my oath."
Brooks received a good character. Rudd in his defence stated that Brooks had given him the flour for the benefit of his wife and children.
RUDD— NOT GUILTY .
BROOKS— GUILTY.Recommended to mercy by the Jury on account of his long service. — Six Months' Hard Labour.
975. JOHN BARTLETT (42) to burglary in the dwelling house of George Maull, and stealing fix toilet covers and other articles, his property, after a conviction at this Court in May, 1877.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour.
MR. MEAD Prosecuted.
NOT GUILTY .
MR. BAYLIS Prosecuted.
CATHERINE GREEN . I live at 45, Dalbenny Road—on September 8th, 1858, I was present at Christ Church, Southwark, when the prisoner was married to my sister Elizabeth—I signed the register as a witness—my sister died last Friday morning—I had not seen the prisoner for several years before he was taken in custody.
Cross-examined by the Prisoner. You have never seen or communicated with me for 17 or 18 years.
By the COURT. The prisoner and my sister lived together about 16 years; they separated in, I think, 1872, on account of his ill treatment—there is no family—I did not give him in custody, neither did my sister.
EDWARD STAGE . I am a mangier, of 51, Cole Street, Borough—on 17th February, 1885, I was present at the church of 8t. Mary, Newington, when the prisoner married my daughter Margaret—this is my signature to the register.
MARGARET STAGE . I live at 206, Peabody Buildings—on 17th February, 1885, I was married to the prisoner; I had known him about six months—he told me his wife was dead—he is a sorter in the Post Office—about two years afterwards I was told that his wife was living—I knew he had had one wife—his wife was dead when he married in 1858—his wife summoned him for maintenance, and then the police brought this charge—I have no children.
ROBERT WILLIAM PARR . I live at 72, Landell's Road, Dulwich, and am a sorter in the Savings Bank department—the prisoner is my father by his first wife—in 1872 he was living with my stepmother, who is just dead—they then separated, and she lived till last Friday—I had a conversation with my father in the hospital in March, 1884—he asked what had become of my stepmother—I told him that she was still at Peckham, and that I and my brother had helped to maintain her for 15 years—he said more fools we, as she had no claim on us—I had a similar conversation with him in 1882.
WILLIAM WILLIAMSON (Detective L). On 16th August I arrested the prisoner at the General Post Office—I told him it was for feloniously intermarrying with Elizabeth Stace, his wife being alive—he said "Yes, it is true; when I married the second wife, Margaret Stace, I did not blow that the old woman was alive; I had not had not seen or heard of her for 17 years"—I asked him if he had made inquiries—he said, "Yes"—Margaret Stace and the first wife went to the Magistrate for a warrant—the second wife died on Friday.
GUILTY .— Four Months' Imprisonment, with such Hard Labour as he is capable of performing.
Julia McCarthy, Julia Regan, and John Bassett repeated their former evidence (See pages 392 and 393).
Witness for the Defence.
ELIZABETH GOLDING . I am single and am the prisoner Golding's sister—on 19th July, between 12.30 and 1 a.m., the prisoner Harrington and I were walking in Snowsfields on the left-hand side towards the Borough, and Julia McCarthy stood up against the wall, and Julia Began and Carrie Still were sitting with a gallon of beer; it is a narrow path—there was not room for two, and Harrington knocked up against McCarthy, who shoved her—Harrington said "I beg your pardon"—McCarthy said "You ought to beg any one's pardon"—they called one another names, and McCarthy struck Harrington twice and Harrington struck her twice, and McCarthy got her by the hair and dragged her to the other side—they then dragged Harrington along to the other side; I screamed—when my brother heard me he ran down, and him and McHugh parted them and took Julia Began away, and she had Harrington's finger in her mouth for five minutes, biting her, and McCarthy tore the earrings out of her ears—she was very drunk; she could not stand—Began was very drunk; they had been drinking all night since they left off work—when my brother came up, the prosecutor made a blow at his face and pulled his cap off, and she fell on the kerb and clung to his feet, and if he did kick her it was in getting his foot out of her arms, and Julia Began caught hold of her.
Cross-examined. Julia Began took the prosecutor to the hospital—my brother walked away with me; he did not assist Began—he was glad to get away; they are always fighting and rowing him—the prosecutrix fell down because my brother pushed her—I do not know whether she became insensible—I saw blood on her face when she fell on the kerb.
JOHN BASSETT (Re-examined). I have heard what the last witness has said—when I took the prisoners they did not say, that they had been assaulted by the prosecutrix—Harrington had a little scratch on her finger; she did not say that it had been five minutes in McCarthy's mouth—I am quite sure, she was sober.
NOT GUILTY .
MR. HADDON Prosecuted.
ARTHUR BALDWIN . I live at 54, Broad wall—about 11 p.m. on 20th August I was walking down the Belvidere Road and saw five or six men standing at the corner of the street which I was going to turn down—I heard a remark made and turned round, when Caufield struck me on the side of my head and knocked me to the ground—when I was down I was kicked in various places several times by more than one person—I cannot say who kicked me first, but Caufield kicked me last on my knee, and I fell on my head on the pavement and became unconscious—I swear the two prisoners are two of the persons—Irwin Struck me—I was disabled for a week and am suffering now from Caufield's kick on my knee when I came to my senses I was in the hands of a policeman, and the prisoners
were gone—I missed my watch and chain, valued at 30s.—I got in a cab to go to the station, and, there being a fair on, I could not get through, and had to get out and walk to the station—the police were not with me—on the way Irwin overtook and attacked me and said "If you go there I will kill you," and he struck me several times—three or four women were with him then—Irwin attacked me by himself—I went to the station, where I identified Caufield—I am quite sure my watch and chain were safe before I was attacked by the prisoners—about an hour after I identified Caufield the policeman brought Irwin in and I identified him.
WILLIAM HUFFER . I am a mason, of 50, Belvidere Road—about 11.30 p.m. on 20th August I was in Belvidere Road, and had got to the door of my house when my attention was attracted by pitiful cries of "Help! Police!"—I turned and saw a crowd coming down the Belvidere Road towards me; the prosecutor was preceding the crowd—I heard someone using very violent language—I waited till they came up level with me and then I followed them—I saw the prisoners and another man confront Baldwin as he was about to turn up Edward Street, and Caufield struck him several times; they closed, and eventually the prosecutor got out of the scrimmage and got away; he fell—Caufield followed him about 15 yards and then kicked at him with all his force, but missed him, Baldwin went to the left and Caufield fell on his back—that somewhat annoyed him; he got up, went after Baldwin, and assaulted him again several times—the people cried "Shame"—they closed together again, and the women begged Caufield to let Baldwin go, which he did—Irwin then followed Baldwin about 30 yards and assaulted him several times, and they closed—Baldwin tried to defend himself, and Caufield, seeing his companion was in trouble, ran up to where they were having a scuffle, and licked Baldwin from the middle of the road on to the pavement, he fell on the flagstones on his head, with a fearful thud, at the corner of Edward and York Roads—Belvidere and York Roads are parallel—a crowd assembled and cried "Shame"—a woman exclaimed "If I were a man I would kill you"—I looked for a policeman, but could not find one—the two women got the prisoners and the third man away down Edward Street; I followed them—I saw a constable on duty at the Government Indian Stores—I told him what I had seen, and asked him to render the poor fellow some assistance—he said he was stationary there and could not leave his post—I pointed the prisoners out; he let them go by—I went back to the spot where I had left the prosecutor insensible, and saw a constable talking to him—I took the constable in the direction the prisoners had gone, and saw Caufield leaning against a lamp-post—I told the policeman he was the man I had seen commit this cowardly assault—he waited till Baldwin came—previously the three men and two women were talking together—I went to the station and gave particulars—Irwin came in some time afterwards with his mother—I had given a description of him and the women in the meantime, and through my identification he was brought in—he was taken in custody in Kennington Road.
CHARLES ROGERS (Policeman L 32). I was in the Belvidere Road, and heard cries of "Police!"—I went to the spot, where Baldwin made a complaint to me—about a minute or two afterwards Huffer came up and spoke to me—I went with Huffer to Belvidere Road, where I saw Caufield leaning against the lamp-post—Huffer said "That is one of them"—Baldwin came up and pointed him out as well—I took him to the station,
searched him, but found nothing relating to the charge—Huffer gave me a description of Irwin, and about half an hour afterwards I went into Kennington Road and took him in charge—he said he knew nothing about it—Caufield said he knew nothing about it—nothing was found on Irwin.
The Prisoners' Statements before the Magistrate. Caufield says: "I never kicked the man, neither was I there when the watch was stolen; he insulted me, and accused me of stealing the watch, and chain, and I pushed him away in self-defence." Irwin saps: "No, Sir, only I know nothing about the man's watch and chain; I struck him in self defence." Caufield in his defence said that he met the prosecutor in a urinal, and that he accused him of stealing his watch, and that the prosecutor, who was drunk, followed and struck at him, that he struck at him back, and the prosecutor fell over. Irwin said that the prosecutor ran against him and knocked him down and struck him in his face, and that he struck him back in self-defence.
GUILTY .— Fifteen Months' Hard Labour each.
The COURT and JURY highly commended Huffer's conduct, and the COURT awarded him 1l.
Before Robert Malcolm Kerr, Esq.
981. GEORGE BARTLETT (35) to breaking and entering Emmanuel Church, and stealing therein a stick and other articles, the property of the Churchwardens.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
MR. CRANSTOUN Prosecuted.
EMANUEL HAMILTON . I am a contractor, of 451, Southwark Bridge Road—I know the prisoner by sight—he said that his brother was captain of the ship Ocean, coming from Rangoon laden with rice, and that Mr. Boss had bought the cargo—on 28th July I met him in Fenchurch Street, and he went with me to Ross and Co.'s office, No. 3, East India Avenue—he went up to the office, and came down, and said that the ship had been spoken with at Plymouth, and it would be a week before she arrived—he then said that he wanted 3l. or 4l. to go to Gravesend to meet his brother, the captain of the ship—I told him I had got a ship in the Victoria Docks, and I should want the money for my men, but he might go to my wife and ask her—I cannot write, or read writing—he showed me a cheque like this (produced), and said "I have three or four cheques, but I cannot touch the money till my brother comes," and he showed me the watermark—he said that his brother would endorse them, and that he would get the money and pay my wife, and that I should have the job to put 600 tons of ballast on board the ship when she came—I contract for that sort of thing with discharged vessels. (Three cheques were here produced for 20l., 105l., and 142l. 6s. on the same bank.)
Cross-examined by the Prisoner, My wife did not give you the money by my order—if I had known you had had 10 years you would not have got a shilling out of her—I told her you said it was a good cheque, and she
brought you the money on the faith of it, and they were all bad cheques—you stayed with me in my house on Saturday afternoon and had tea.
Re-examined. I believed I should get the contract for the ballast, and asked him to my house—I had only known him a fortnight or three weeks.
ANN HAMILTON . I am the wife of the last witness—the prisoner came to our house on 31st July, and let me see a cheque for 20l.—he said that he had a brother coming from Rangoon with a ship, the Ocean, rice-laden, and that my husband was to ballast her with 600 lb. of ballast; that his brother was a married man, and went to Liverpool leaving everything in his charge, and Mr. Hamilton was to unload her and load her and victual her, and that he was living at a very grand place at Bow; instead of which he was living at a very small place at Shad well—he said that he was short of money as he could not get the money for the cheques till his brother came, as they must be endorsed—I gave him two sovereigns, believing the cheque was a good one, and the statements he made about his brother; and he also showed me two other cheques—on the Sunday he was reading about a man getting five years, and he seemed to turn, so on the Monday I took the 20l. cheque to the bank—I never saw the prisoner after the Sunday, and never got the 2l. back—I never saw the brother—the prisoner said that ho had an uncle who had a forest in Norway, and he wanted 3l. more on the cheque, but I did not give it to him.
Cross-examined. I gave you the 2l. outside the Weymouth Arms on Sunday night—I saw you during the whole week, and you had supper there on the Sunday before the Monday that I went to the bank—you showed me a sealed letter which you said your uncle had sent from Norway, and it was all false; it came from Eastcheap—you asked for the money in your own name.
PERCY JOHN WIFFEN . I am assistant cheque ledger keeper at the Union Bank, 2, Prince's Street—in this cheque marked A the "0" in "80" has been altered to "6"—the cheque was cancelled on 17th June, 1880, and there is an entry in the book to that effect—it is drawn on the account of William Starch Jocelyn, whose account was closed in 1882—the cashier who paid it has gone abroad—the other cheques belong to the same account, and have also been altered from "80" to "86."
Cross-examined. I do not know you—these were good cheques, but they have been paid, and are now utterly worthless.
HENRY SHOCKLEY . I am book-keeper to William Ross and Co., shipowners, 3, East India Avenue—they have no ship called the Ocean, nor did they at the end of July or the beginning of August expect a ship called the Ocean with a cargo from Rangoon—they have no captain in their employ named Hanson—I do not know any one of that name.
Cross-examined. I do not know that you ever asked a question at the office about the Ocean—I never saw you till you were at the police-court.
WILLIAM BRADFORD (Police Sergeant M). On 21st August I took the prisoner on a warrant at 7, Angel Gardens, Shadwell—I read it to him, and he said "No, not me"—I said "I am perfectly satisfied you are the man named in this warrant"—he said "Yes"—I said "You also showed Mr. Hamilton two other cheques, one for over 100l., and the
other for nearly that sum; what has become of them?"—he said "I have given them to a Scotchman whose name I don't know"—I took him to the station, searched him, and found these three cheque on the Union Bank (produced) in his pocket; one is for 4l. 12s.; also other papers and this letter—I said "Here is a letter unopened"—he said "That is a letter I have written to a barrister in the Temple"—I opened it in his presence: it was a begging letter—I found this postcard on him in the same writing; it is addressed to himself, and signed by Mr. Anderson, the Secretary of the Swiss and Belgian Consulate: "General Consulate. Dear Sir,—Be prepared to be at Gravesend to-morrow, Saturday. Consul reports from Falmouth the Ocean is passing at 12 a.m. deeply laden. Best compliments. N.B.—According to your advice.—A. Hazeman. August 5th."
Cross-examined. I gave you the whole of your papers back, but detained the letter and post-card—I have not said that I would do all in my power to do for you—you said that you would write to me and make a full confession if I would give you a penny for a stamp, and I gave you threepence and you wrote three letters, but I had to pay for them—I submitted your first letter to the Commissioners, and they said that I was not to visit you.
The Prisoner's Statement before the Magistrate. "I can prove I am innocent of uttering these cheques in any way."
GUILTY . He then PLEADED GUILTY** to a conviction of felony at Clerkenwell in May, 1881.— Five Years' Penal Servitude.
MR. SIMMONS Prosecuted.
GUILTY .— Fifteen Months' Hard Labour.
MR. METCALFE Prosecuted; MR. MEACHES Defended.
THOMAS JOHN LA ROCHE . I am one of the firm of James Alexander and Co., perfumers and toilet soap makers, of 18, Paradise Street, Lambeth—the prisoner was our traveller for about seven months; he had a salary but no commission—it was one of his duties to collect accounts from our customers, and amongst them from Mr. Ling, who on 25th June owed us 1l. 18s. 11d., and another account of 4l. 12s.; we have never received those sums—the prisoner's duty after collecting those amounts from Mr. Ling would be to hand them over to us the next time he came to the works, and he came pretty well every day—neither I nor my partner gave him any authority to endorse cheques which were payable to me.
Cross-examined. I am in partnership with Mr. Delaspie—when the prisoner came into our employ no arrangement was made as to commission—there was no arrangement that the prisoner was to receive 25 percent on all goods sold—I paid him his salary regularly, by cheque, 3l. a week, which was given him every Saturday—I will not swear it was never sent him by post—I stopped his salary on June 20th; I went to his house to inquire for him, but I cannot give you the date—I saw his wife, who said he was out—I do not remember his saying "Are you not going to
give me some money, and make up my account and see how we stand"—I remember his asking me to pay his rates—I did not give him 4l. 3s. 4d. or 5l. 16s. 4d.—I gave him a cheque for 1l. 13s. 4d. to pay his rates and taxes, out of charity, as he said the bums were in his house, and he gave me a yellow summons—no wages were due to him because we stopped his wages and put him on commission—I remember offering him 9s. 8d., and his saying that was no use, and my giving him 2l. 2s. 8d.; I deducted the commission due to him, and said "We ought to deduct the 1l. 13s. 4d. but I let it stand over"—he was to have one-third of the commission on passing the order, and two-thirds on paying it—the 2l. 2s. 8d. was one-third of the commission—we did not deduct that, and we have never been recouped—I remember going into a public-house at the beginning of July and taking him back, and he complained that he had no money to keep his wife and children—he said "I have endorsed these cheques and have used the money"—I did not say "D—your wife and children; if you do not pay this in three days I shall lock you up"—he owned he could not pay it—I will not swear he did not send me a telegram to say he could not raise the money; I believe there was a letter—I gave instructions, I think on 5th July, to have him arrested.
Re-examined. I stopped his salary on account of his irregular and bogus orders, and then it was arranged for him to have commission—he has no account against us for salary or commission—the 2l. odd was paid to him in full satisfaction of his commission up to that date, taking no account of the 1l. 13s. 11d.—there is no pretence for saying that he took these amounts in satisfaction of an account; these two papers are endorsed in his writing, and this receipt is his writing.
THOMAS PRATT LING . I am a tea dealer, of 22, Bear Lane—I have had dealings with Alexander and Co., and I knew the prisoner as one of their servants—on 18th June 4l. 12s. was owing to Alexander and Go.—I don't know whether I gave it to the prisoner or my clerk, but I found this receipt for that amount in our possession—it had evidently been made out like this to be sent by post, but the prisoner must have come and brought it—on 25th June there was an account of 1l. 18s. 11d. due which was paid by a cheque drawn by my nephew, I evidently was not in at the time—they have both been paid through my bank. (Both cheques were drawn on the London Joint Stock Bank, Limited, and were for 4l. 12s. and 1l. 18s. 11d. respectively, and were each enclosed "Alexander and Co., W.E. Rose, 16, Frederick Street, Vassal Road, Brixton.")
HENRY DE LESPI . I am a partner with Mr. De La Roche—the prisoner was in our employ; he has never accounted to us for the amounts of these cheques; he bad no authority to sign or endorse the name of the firm on the back of them.
Cross-examined. No application whatever was made by him for a settlement of his accounts, there was no reason for it—I did not refer aim on matters of that description to Mr. De La Roche—I was not present at any part of the interview when the prisoner asked for payment of his taxes—I don't remember seeing any letters from him to the firm saying that he could not pay, but after we had complained to him of bogus orders he did not turn up so regularly in the morning—I remember the interview on 4th July, when the prisoner was brought back by Mr. La Roche, he then admitted that he had endorsed the cheque and obtained the money and appropriated it to his own use—he did not say he had no
money nor did we give him time to pay it in, we treated it as a crime from the first—I wrote this letter of 9th July, that does not relate to time being given him to pay this money in—he had a travelling sample case value 3l. or 4l., and papers and receipts and statements of accounts belonging to us, in his possession. (Letter read: "Mr. W. Rose, 16, Frederick Street. Sir,—If we hear nothing from you by Monday morning, you will have only yourself to blame for the serious consequences that may follow.
W. S. Alexander and Co.")—that letter does not give him any time; we did not know to what extent we were at a loss, it might have been 50l.—I have no letter which the prisoner wrote on the Sunday, saying he could not pay the money—his wife called on me one morning and I said that Mr. La Roche had taken the matter in hand, but I did not say that it had caused words between me and him, and that the prisoner was a fool to have got into La Roche's clutches, as he knew very well La Roche did not like him, and he was very fond of dabbling with the law—I felt sorry for the woman because I knew we should be hurting her and the children through the prisoner.
WILLIAM WILLIAMSON (Detective Officer). I took the prisoner on 12th July—I read the warrant to him—he said "I must say that I have had the money and have appropriated it to my own use; I am very sorry, but I cannot see that they can lock me up for it, as I am paid on commission; I intend to pay the money back"—I then showed him Mr. Ling's two cheques, and he said "Yes, that is my handwriting, I endorsed them"—he did not say a word to me about having an account against the firm, or when he was at the station.
Cross-examined. He did not say "The amount was part of my commission"—I was from 9 a.m. till 11 p.m. finding him, and I arrested him as he was going into his house.
NOT GUILTY .
NOT GUILTY .
REGINALD RICHARD WELLS . I live at 2, College Gardens, Dulwich, with my mother and sister—on 25th July, after 4 a.m., I was aroused by my sister, and ran downstairs in my night-shirt with a revolver, and found the glass panel of the door leading from the passage down into the kitchen was broken; the door was locked and bolted—I fired one shot down the kitchen stairs, and then ran down them into the basement, and saw the gate leading into the back area was open—I ran out at that door, and then saw a man disappearing over the garden wall—I got on to the dust-bin and looked over the wall, and saw a man picking up some plated articles that were strewn on the ground—I threatened to shoot him if he did not drop them, and he ran off with a coat, which he folded up in his arms—I saw a man walking in the road, and spoke to him, and then went back to the house—at the place where I saw the man stooping down I found a salad bowl, a teapot, and two egg-cups, all silver-plated (produced); they belong to my mother, and are worth
8l.—they were in the cupboard in the front kitchen when we went to bed the night before—I got back shortly after 5 o'clock, and called in the police—I then noticed that the woodwork of the back kitchen door bad been cut away at the bottom just by the bolt, and a hole made large enough to put a hand through and open the door—that door led into a passage, into which the front kitchen and all the other rooms in the basement opened—the window in the back kitchen opens on to an area; it lifts up, and is fastened by an ordinary sash fastening, and there are bars outside it—it would be possible, if the window was open, for a man to squeeze himself through the bars—it is a sash fastening that could have been pushed back—that window was closed in the morning when I went to it—on Saturday, the 30th, I saw the prisoner in custody, and charged him with having committed this burglary—I do not identify him as the man I saw upon that morning, but it was a man very similar to his build—the man wore a black felt hat similar to a hat I was shown at the station—I only saw the man's side face, and I cannot say one way or the other about the prisoner.
Cross-examined. I mean a hat of the same shape—the wall I looked over was 9 feet high, and the man was 5 yards off that.
GEORGE BATES (Policeman P 313). On 25th July, about 5.25 a.m., I was on duty in uniform, on Dulwich Common, it was broad daylight, and met the prisoner in the road about a quarter of a mile from Mr. Wells's house, coming from that direction, and carrying what appeared to be a coat under his arm—I passed on to the cross roads, and some one then shouted, "Stop him"—I turned round and gave chase after the prisoner—he looked round to see whether I was coming after him, and when he saw me coming he ran off—after he had got a short distance he saw I was gaining on him, and he then threw down the jacket in the road and took off his boots and ran off again towards Forest Hill—I went on as hard as I could run, but lost sight of him—I pursued him a little more than a mile—I saw his face quite plain when he passed me—this is the cloak (produced) that he threw away, it is a female's jacket—on the following Saturday night I saw the prisoner at West Dulwich station, amongst seven other men, and went straight up to him and touched him, and said, "This is the man I ran after"—I had never seen him to my knowledge before—I have no doubt whatever about him—he was wearing a black felt hat—after hearing of the burglary I described him, that the police might circulate it to try and find him.
Cross-examined. I was walking towards him when I first saw him—he had passed me about 40 or 50 yards when my attention was first called to him, and he was a considerable distance from me when I started to chase him—he had a black cloth frock coat on, and I had on a short jacket—there was nothing for me to stop him for—he was not running, only hurrying on, as it was raining fast—I should not stop him at that time in the morning unless some one cried out "Stop him."
ESTHER CLEMENTS . I am cook to Mrs. Wells, of 2, College Road, Dulwich—this cloak (produced) is mine, it is worth 20s.—on Sunday evening, 24th July, it was hanging on the w.c. door in the basement—I closed the back kitchen window, but I am not sure whether it was fastened—the back kitchen door was bolted at the bottom.
look out for the man who had been described, and on Saturday, 30th July, about 8.30 p.m., I went to 36, St. Andrew Street, Wandsworth Road, and saw the prisoner through the shop, in the back room—it is a small provision shop at the corner of a small street—I went in, and said to him, "I am a police officer, and shall arrest you on suspicion of committing a burglary at 2, College Gardens, West Dulwich, on Monday morning, the 25th instant, as you answer the description of the man seen"—he made no reply—I told him to put his hat on, as he would have to go with me—it was an ordinary black felt hat—when we had got outside a few paces, he said, "You are going to get that case against me, are you?"—I made no reply—I took him to the railway station to take him to Dulwich—we had to change at Brixton, when he asked for some refreshment, and, putting his hand in his pocket, said, "I have plenty of money, and should have a b—sight more if it was not for the likes of you"—just before the train came in he put his hand into his left trousers pocket, and was about to throw this skeleton key and pocket knife away, when I caught hold of his hand and took possession of them—he then said, "If I knew you were going to have me for this job, I would sooner have put my head in front of that train than go back where I have been"—I took him to West Dulwich station, where he was placed with seven others and identified by Bates—the charge was read over to him; he made no reply—I searched him, and found these two keys, two pocket handkerchiefs, and a tobacco pouch—I went back to 36, St. Andrew Street and searched the top front room there, which was pointed out to me, and in a cupboard I found a pair of trousers and braces, a shirt, several odd things, and this key—I went to 2, College Gardens, and found that this key will open the cupboard where the plate was stolen from—the prisoner stated that the trousers and shirt were his, and they were given back to him—the key was also found in the same place.
Cross-examined. I have had some experience of locks—you could not get an ordinary key into the hole where this key would go—we got to West Dulwich about a quarter to 10—we were talking all the way; that is not all the conversation that occurred—I afterwards tried the key, which he tried to throw away, at the prisoner's house, and it will open that door, and also the door of 3, Queen's Gate—I tried another key in the door last Tuesday, but it does not fit—there is no lock to the cupboard in the prisoner's room.
Re-examined. The key that he tried to throw away opens the door at 36, St. Andrew Street, and also at 4, Queen Place, Wandsworth Road—that is about 100 yards from 36, St. Andrew Street—I have never seen the prisoner at 4, Queen's Place.
CORNELIUS MOYNHAM ( Policeman 275). I was with Garner when the prisoner was arrested—I knew him by sight before—I have seen him go in and out of 4, Queen's Place several times from 17th April to 21st July, sometimes at 8 a.m., sometimes in the afternoon, and sometimes in the evening—it is a private house.
Cross-examined. I do not know whether he slept there or not—I did not join in the drink at the station, the prisoner had a glass—we never said a word from Brixton railway-station to the police-station.
GEORGE GENRY . I am a general dealer, of 49, Clifton Street, Wandsworth Road—from August last year the prisoner has been living with my wife, first at 28, Waterford Road, Fulham, and afterwards at 4, Queen
Place, Wandsworth Road—I have been watching that house for the last six months, and have seen him let himself in there with a latch-key; sometimes it would be 9, and sometimes 10 and 11 at night, and about 10 and 11 a.m.—I saw him there last about a month before he was taken in custody.
Cross-examined. I was always outside the house—I was watching for my child, who I have more right to than my wife has—I am a general dealer—I have not been into the house to see whether the prisoner sleeps there, but he and my wife have been together 12 months—I charged him 12 months ago and took my wife away—he said he would go abroad, but he did not, and took my wife away again and my child, which the Magistrate had given to me, and 15l. worth of my goods, and I have been watching there to get my child.
The Prisoner's Statement before the Magistrate. "I wish to prove that on the night of the occurrence I was fast asleep in bed, and did not get up till eight next morning."
Witnesses for the Defence.
CHARLES BANNISTER . I live at 36, St. Andrew Street, Wandsworth Road—I am a porter and meat carrier in the Meat Market, and I keep a general shop—I have only had this shop 12 months, but I have been in business 13 or 14 years—the prisoner lodged with us up to the time he was taken, about 10 months—he does odd jobs for me and also odd jobs outside—he was at home on Sunday night; 24th July—I was examined at the police-court—on Sunday he went out with us for an excursion to Hampton, and got home about 9.15—he then helped my son to put the hone away—we had some cold meat left, which we had for supper, and then he and my son went up to bed—they both sleep in the same bed—I saw him again next morning in bed when I called my son at 20 minutes to five to go to market—I then left the house, leaving him in bed—my attention was first called to this burglary on the Saturday night after—the prisoner was then charged at the police-court, and I went there to prove this, as I remembered having been at Hampton Court the previous Sunday—I gave the detectives every assistance I could—I saw this key when the detectives took it out of the cupboard—the prisoner carries keys, and he has a latch key of my door; this is it, I think.
Cross-examined. He is a machine ruler; he was doing work then—I cannot say what time he goes to his work; he gets odd jobs to do, and I am away before he gets up—I sometimes get up as early as four, but no earlier—my wife and my son William are also here—I would not swear that this is the key of my door which I gave to the prisoner—I did not have it filed to fit my door; mine was an ordinary latch-key—I know he used to go in and out of 4, Queen's Place, but he never used to sleep out of my house—I have no doubt that this morning was a fine morning—I cannot swear what sort of a morning it was or whether it was a pouring wet morning—I rode with my son in an open trap—I am quite certain I did not get up that morning at four o'clock instead of five—I sometimes go to Hampton twice in the summer—I don't go out on Sundays as a rule—I have never lent the prisoner a horse and cart—I have not my
latch-key with me—I saw the detective try a key in my door, which opened it.
Re-examined. I go to market every morning, wet or fine.
By MR. POLAND. The prisoner goes by the name of "Tommy"—his letters are addressed "Tom Morrell"—I never knew him by the name of Bowles—he pays me his half-a-crown a week rent regularly, and if he has any meals he pays for them.
WILLIAM BANNISTER . I am the son of the last witness and lived with him at 36, St. Andrew Street—I do not live with him now—on 24th July I was working for him and used to go to market with him—I first heard of this burglary on the Saturday when the prisoner was taken in custody—on the previous Sunday I remember he went to Hampton Court with us—we got home about 9.30, and he and I slept together—I got up next morning at 20 minutes to five, when my father called me, and I went with him to market, leaving the prisoner in bed—a week afterwards he was arrested, and I went to the police-court and gave evidence—I left the house at 5.30.
Cross-examined. I don't know what time the prisoner gets up—I have not got up as early as four o'clock since I have lived with my father—I had been living with him three weeks when the prisoner was arrested—I always knew the prisoner by the name of Thomas Morrell, never as Bourne—I know he had some one at 4, Queen's Place—he went there sometimes, and he had a key which opened the door there—I have no recollection whether that was a fine or wet morning—we drove to market in an open cart.
Re-examined. I had been employed by Mr. Cornell before this just over six years—I had just left him.
MARY BANNISTER . I am the wife of Charles Bannister—on Sunday, 24th July, I went with him, and our family, and the prisoner, to Hampton Court, and got back home about 9.30—the prisoner and my son went up to bed about 10.30—I cannot say whether he was in the house at five o'clock next morning, but he came down and took down the shutters at eight o'clock—I was examined at the police-court.
Cross-examined. My son, at this time, had only been home a fortnight working for his father—before he came home the prisoner always slept with another of my sons, Arthur—sometimes the prisoner was out of the house before I got up of a morning, but that was not very often—we always give our lodgers latch-keys—we have other lodgers besides the prisoner, but we had not at that time—I was present when the prisoner was taken in custody in our parlour—I heard the officers say he wai charged with a burglary on the previous Sunday, and I contradicted it at once, as I knew better—sometimes my husband gets up at 4 o'clock, hut it is generally 4.30.
NOT GUILTY .
NOT GUILTY .
MR. POLAND Prosecuted; MR. FULTON Defended.
HARRIET ELIZA GRAVE . I am assistant to Thomas Skeats, tobacconist, of 162, Waterloo Road—on 27th August, about a quarter to 11 p.m., the prisoner came in for an ounce of three castles tobacco—we had none; he then said he would have birdseye—I served him with it, the price was 4d.—he gave, me a half-crown, which I laid on the shelf at the back of the counter apart from other money—I gave him two shillings change—he was going out, I called him back and asked him if he did not want the other 2d. change—he said "Oh yes"—I gave him the 2d. and he went out—he looked back at me through the window—I thought something was wrong, and tried the half-crown with my teeth and found it was bad—I showed it to Mrs. Skeats, who took charge of it—I went with another assistant and spoke to a constable about 10 yards from the shop—I went with the constable to the Pear Tree in the New Cut, a few minutes' walk off—the prisoner was standing at the bar there with two young women and a young man—I was sure he was the same person—the constable brought him back to the shop—Mrs. Skeats gave me the half-crown, and I gave it to the constable—the prisoner said he had not been in the shop, and had not seen me, and he had not got any birdseye—he was told that if he liked to give the money back and the tobacco we would let him go—I put on my things to charge him, and then he said to the constable, "I had it shoved into me, and I thought I would bring it here"—then he said he had it given to him, he was no judge of money—he was taken away and charged.
ELIZA SKEATS . I am the wife of Thomas Skeats, of 162, Waterloo Road—Mrs. Grave showed me a half-crown; I found it was bad, and afterwards, when the prisoner was given into custody, it was given to Grave, who gave it to the constable—this is it.
WILLIAM CUMMERFORD (Policeman L 82). On this night, 27th August, I was on duty and saw the prisoner pass me going to the Pear Tree—then Miss Grave and Mr. Lamb, an assistant at the shop, spoke to me, and in consequence I went to the Pear Tree, which is about 100 yards from the tobacconist's; I there saw the prisoner—Miss Grave pointed him out—I told him I should take him for uttering a bad half-crown at 162, Waterloo Road—he said "I have not been in the shop"—I took him back there; he still made the same statement—Miss Grave said he was the man—he said "I had it shoved into me; knowing it was bad, I thought I would bring it here"—I made at the time this note of what he said in the shop—I am quite certain he said "knowing it was bad"—I have not got that down here. (The words in the depositions were: "It was shoved into me by some one I did not know, and I brought it across here") I found on him a florin, two single shillings, a threepenny-piece, and 3d. in bronze—I took him to the station, where he gave the name of Marchant, 80, Oakley Street, Westminster Bridge Road; that is correct.
Cross-examined. I have been in the force a little over three years—I made this note in black lead pencil the same night and I copied it off the day after, and the day after that gave my evidence—I referred to it before I gave evidence—from what I know the prisoner is a man of good character—he said at the shop that knowing it was bad he took it into the shop—I may have left that out from this piece of paper—I know that to pass a half-crown without knowing it is bad is no offence, and that
if the man said he passed it knowing it was bad, that was an offence—he made the statement at the shop that he uttered it knowing it was bad.
The Prisoner's Statement before the Magistrate. "I can simply say I had no idea the half-crown was wrong when I passed it."
NOT GUILTY .
MR. POLAND Prosecuted.
JOHN CHEESE . I am deputy at the lodging-house, 64, Borough Road, which the prisoner frequented—I have known him about five months—he lodged there every night when at work in London, but when at work in the country he came on Saturday and went back on Monday—on Saturday, 10th July, I asked him to pay 6d. for his lodging—he walked from one kitchen to the other, and was jingling money in his pockets—I said "Harry, are you going to pay for your bed?"—he made no answer, but returned and laid a half-crown on the table—I gave him a shilling and two sixpences change and put the half-crown in my pocket, where I had no other half-crowns—next day I found it was bad—I had mixed it with no other money—I wrapped it in paper and kept it separate from other money—on the following Saturday I met the prisoner in the Borough Road—I took him to my office and told him he had given me a bad half-crown on the previous Sunday—he said "I was not aware it was bad, but I will give you a good one in return"—he gave me a good one and wanted the bad one back, but I said "I shall want that"—I have since marked it and given it to Sergeant Martin—the prisoner has only slept at the house once since, and that was the Saturday I received the good half-crown from him—I heard about the middle of August about the other case, and I was sent for to the police-court to give evidence.
Cross-examined by the Prisoner. Between 10th July and 14th August you only slept once at the house to my knowledge—I have not got my book in which I enter the persons who sleep there—if you slept there it was only on the Sunday and Saturday nights—I told Phillips when he saw you to let me know—no man told you I wished to see you—I saw you about the White Hart in the Borough Road; that is nearly next door to my house—you were coming to me, not I to you—I did not shake hands when I met you.
SAMUEL HARRY POLLY . I am barman at the Waggon and Horses, Newington Causeway—between 10 and 11 p.m. on Sunday, 14th August, the prisoner asked me for a glass of ale, price 1d.—I served him—he put down a florin, which I took off the counter and found greasy and bad—without speaking to the prisoner I handed it to Mr. Ackerman, the manager—I fetched Sergeant Martin and told him what had occurred, and the prisoner was taken in custody.
Cross-examined. You did not attempt to escape—I said nothing to Mr. Ackerman.
made this note at the station—I said "I am a police sergeant and am going to take you in custody; I am going to search you to see if you have any more counterfeit coin"—I did not tell him for what I was going to take him—he said "I am a respectable man, and never did a day in prison in my life"—I found in his left trousers pocket a good half-crown, a penny, and a piece of tobacco; and in his left trousers pocket twopence, a piece of tobacco, and a pawn ticket for a suit of clothes, dated 13th August, for 6s., and a return ticket to Dartford—when the charge of this bad florin was read, he said "All I have to say is;" then he paused, "I don't mean to be vulgar, but it is a positive lie; I have been working at Darenth Heath" (that is Dartford) "for Mr. Shearman, a builder, of Clapham"—I have heard he had worked there for about a month, and came up to London from Saturday to Monday—I obtained this florin from Mr. Ackerman, and the following day I got this half-crown from Mr. Cheese.
Cross-examined. I went to Darenth Heath from what you told me, and found what you said was correct—I went to your lodging at Stone, in Kent; you had been there about five weeks—they gave you a food character as far as they knew of you—there was a letter waiting there for you—I handed it to you and said if it related to coin I would see it—you gave it to me; there was nothing about coin in it—you gave me the addresses of two or three people in London—one was Peters, of 108, Jamaica Street, Stepney, who said he had known you about 12 years as a respectable workman; he employed you on and off—I called on Mr. Girdlestone, of 44, Aldermanbury, who said he had known you about 18 years, and that you were respectable as far as your work was concerned, bat he knew nothing about your private life; he believed you to be honest—you are a painter and a good tradesman they all say—I called on Taylor, of London Wall—he said you were a very good workman—you told me you had drawn 1l. 12s. 4 1/2 d. the week before—I went to Dartford and found that was true.
The Prisoner's Statement before the Magistrate. "It is an unfortunate circumstance. The coincidence in this matter may seem very strange, but I am entirely innocent of the intention of uttering base coin."
The prisoner in his defence contended that no guilty knowledge had been proved, as he did not avoid the lodging-house but went there the following week, and five weeks had elapsed between 10th July and 14th August.
NOT GUILTY .
MESSRS. POLAND and BODKIN Prosecuted.
ELIZABETH GOFFE . I am the wife of George Goffe, manager of the King's Head public-house, Upper Kennington Lane—on 18th August the prisoner came in about 10 a.m. for half a pint of mild-and-bitter, price 1 1/2 d., and gave me a florin—he owed me 3d.—I gave him 1s. 7 1/2 d. change, and he went away—I put the florin in the till; it was the only one there—after the prisoner had gone I opened the till and discovered it was bad—two days after, on 20th August, about 10 a.m., the prisoner came in for some mild-and-bitter, and gave me a shilling, which I took to Mr. Fry, my employer—he came out, and I said to him, in the
prisoner's hearing, "This is the gentleman that has been passing bad money all the week"—Mr. Fry went round outside the bar to the prisoner, and asked him to turn out his pockets or else he should send for a constable and have him locked up—the prisoner turned his pockets out; he had good money there, no bad money—the bad coin I felt was very smooth with my thumb and finger—I gave it to Mr. Fry, who tried it with his teeth and very slightly bent it—he laid it on the counter, and the prisoner took it away—on 26th August I went to the police-station and picked out the prisoner from a number of other men—before 18th August he used to be in every morning, and I have often taken bad money, but did not know where it came from.
Cross-examined by the Prisoner. When you came in on the following Monday I asked how you had settled your little matter—you said you did not know how you got it, and you were rather surprised at Mr. Fry thinking you should be guilty of such a thing—I told you on the Wednesday evening I had had a bad half-crown, and that I thought you were the guilty party; you made no remark—you always had mild-and-bitter—the coin was not broken in our house.
ARTHUR FRY . On 20th August, at half-past 10 a.m., the last witness came and showed me a shilling, which I put in my mouth and found to be bad—I came in the bar and said to the prisoner "You scoundrel, I am a good mind to lock you up; they tell me this is not the first time you have been here"—the prisoner said "I hope you won't do that," or words to that effect; "I went to the races yesterday and I must have taken it there; I have not any more bad money on me"—I said "Let us have a look"—he pulled out a shilling and two sixpences and some halfpence—eventually I let him go—I had thrown the shilling down on the counter—it was light; I did not notice teeth marks on it—he said "I have no more bad money, you can search me if you like"—I don't know about the coin being gritty, it was very soft and bent very easily.
Cross-examined. I said "Have you any more bad money?" and you said "I will turn out my pockets"—you did not pay me afterwards 7d. out of a florin—I did not say "That is better" when you put it down; you may have paid Miss Goffe, not me—I did not notice you come in my door at half-past 12 the night before.
EDWIN BEAR . I am barman at the Neville Arms public-house, Neville Street, Vauxhall—I know the prisoner as a customer there—on 20th August, about 11 a.m., the prisoner came in for twopenny worth of gin and milk and gave me a shilling—I tried it between my teeth and found it was bad—I said to the prisoner "This is a bad one"—he said" I got it from Kempton"—I bent it a little at the edge and found it was gritty to the teeth and very light—I put it on the counter and he took it up—he paid me with a good coin—there is a urinal attached to the public-house which was whitewashed two months ago—it is next to the private bar in a line with the house and adjoins the street.
Cross-examined. I have known you as a customer for some time—I only remember seeing you with a friend once—there is an entrance to the urinal from Neville Street.
WILLIAM WILLIAMSON (Detective Policeman). On 25th August I received certain information, and instructions to make inquiries about a man answering to the prisoner's description, and in consequence I went to the Neville Arms and made inquiries—on the same evening I went into the
urinal attached to the public-house, and found seven half-crowns and three florins in the spout—the spout was like a waterspout, and to reach it I had to put my hand up as far as I could, as it was in the comer at the side of the wall—the coins were wrapped separately, with paper between each, and some were wrapped in this paper and some loose—one of the half-crowns is dated 1874, and two 1884—the florins are dated 1880, 1873, and 1874 respectively—after finding those I went to 150, Vauxhall Street, and after placing a constable at the back I was shown by the landlord into the prisoner's room—I knocked at the door; the prisoner said "Who is there?"—speaking in a low voice I said "The landlady"—the prisoner opened the door—I went in and told him I should take him into custody for uttering counterfeit coin to Hiss Goffe, and in the Neville Arms—he replied "I don't know what you mean"—he was in his night-shirt—it was 1.30 at night—when partly dressed he said to wife "My dear, I want a collar stud"—he went to the cigar-box on the table; I noticed he had a collar stud in his shirt, and told Sands, the officer with me, to seize the box—I found in a jar on the mantelpiece two half-crowns dated 1874 and 1884—these two found in the cigar-box are also dated 1874 and 1884—I asked him how he accounted for the coins—he said "I was out gambling last night; I had 4l. when I started; I arrived home drunk; these coins must have fallen out of my pocket"—so far as dates are concerned the coins found at 150, Vauxhall Street, are similar to those found in the urinal—on the following Monday, the 29th I think, I went again to Vauxhall Street, and searched the w.c.—I found on a small beam, between the beam and the tiles of the w.c, two florins dated 1881 and 1871, and a half-crown dated 1884—they were wrapped separately in a dirty piece of newspaper—when I reached up for the coins in the urinal my left-hand sleeve was smothered in whitening from the white wash on the wall.
Cross-examined. You asked for a collar stud, not for a pin—I stood on the seat of the closet to reach the coins in the w.c.—the urinal is public—the drain is in the corner.
RICHARD SANDS (Policeman L 321). At 1.30 a.m. on August 26 I went with Williamson to 150, Vauxhall Street—when the prisoner was dressing he said to his wife that he wanted a collar stud and went to the table, on which a cigar box stood—I was requested by Williamson to seize it—I did so, and found two half-crowns with a lot more things—I handed the half-crowns to the detective at once.
Cross-examined. The box contained pieces of work, ribbons, and so on; there were no cigars nor tobacco in it, it was used as a work box apparently—there was no other money there that I am aware of.
EDWARD BURKE . I am potman at the Neville Arms—I know the prisoner as a customer and as a man coming to the urinal—on 25th August I saw him in the morning in Miller's Lane, and at 9.30 p.m. I saw him go into my urinal—he was in there one and a half or two minutes, and then I noticed him come out—I noticed white on his arm then.
Cross-examined. In the morning when you came in I washing potatoes and so on—the door was open—you were in the habit of speaking to me and showing me racing telegrams and so on—the urinal was a small one, part of it was a w.c.—the urinal was intended for one or four at a time—there is a light there at night.
Cross-examined. You came home much the worse for liquor on the Wednesday night—I was sewing in the morning close to the w.c. door.
By the COURT. I had no other lodgers.
WILLIAM JOHN WEBSTER . These coins are all counterfeit—the four half-crowns found in the room are from two moulds, and some of those are from the same mould as some of those found in the w.c. and two of those found in the urinal—one of the florins found in the w.c. is from the same mould as one of those found in the urinal, and the one uttered.
The prisoner in his defence stated that he had been gambling on the Wednesday, and became very drunk, and that the coins must have fallen from his pocket, and he denied all knowledge of the coins found in the various places.
GUILTY .— Five Years' Penal Servitude.
The COURT commended the conduct of Williamson and Sands.
ADJOURNED TO MONDAY, OCTOBER 24TH, 1887