CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 27TH, 1888.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
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ROLLS CHAMBERS, No. 89, CHANCERY LANE.
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OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Including cases committed to this Court under Order in Council pursuant to the Winter Assize Act of 1879,
Held on Monday, February 27th, 1888, and following days.
BEFORE the RIGHT HON. POLYDORE DE KEYSER, LORD MAYOR of the City of London; the Hon. Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir THOMAS GABRIEL , Bart., Alderman of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the said City; EDWARD JAMES GRAY , Esq., STUART KNILL , Esq., GEORGE ROBERT TYLER , Esq., JAMES EBENEZER SAUNDERS , Esq., Joseph RENALS, Esq., and WALTER HENRY WILKIN , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLET , Knt., Q. C., D. C. L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq.,LL. D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM ALPHEUS HIGGS, Esq., Sheriffs
CENTRAL CRIMINAL COURT.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than ones 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.
NEW COURT.—Monday, February 27th, 1888.
Before Mr. Recorder.
MESSRS. GEOGHEGAN and TAYLOR Prosecuted.
GUILTY . — Fifteen Months' Hard Labour.
320. PHILIP PANNETT (19) to five indictments for forging and uttering an order for 100l.; also to stealing a watch and other articles; also to a previous conviction in 1887. Other convictions were proved against the prisoner.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
321. CHARLES BLAKELEY (18) to a burglary in the dwelling-house of Joseph Harman with intent to steal, and to a previous conviction of felony in August, 1884.— Eighteen Months' Hard Labour. And [Pleaded guilty: See original trial image.]
322. ALFRED EDWARD TURNER (25) to stealing a post-letter containing a banknote for 10l., the property of the Postmaster-General, he being employed in the post-office. The prisoner received a good character.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. BROWN for the prosecution offered no evidence. NOT GUILTY .
MR. WILKINSON Prosecuted.
butchers, of 338, Essex Road, Islington—on 27th January, between 10 and 12 a. m., the prisoner came in for some meat, which came to three-pence, and gave me a shilling; I gave her the change, and she went away—I was then serving another customer, and put the shilling on the desk by itself—I afterwards tried it in my teeth, bent it, and found it was bad—the prisoner came again on the Tuesday following, bought some more pieces of meat, price threepence, and gave me a shilling—I gave her 9d. change, and she went away—I looked at that shilling about a minute afterwards, and found it was bad, and put it on the shelf—she came again on the 4th of February, and bought some more pieces, and paid me with a shilling—I put it in my teeth, and found it was bad—I said "This is a bad one, and I am going to give you in charge for passing two other bad ones"—she said "Is it a bad one?" and offered to pay me with a good coin—I refused it, sent for a constable, and gave her in charge—I told him she had passed two others—she made no reply—these are the three coins (produced).
Cross-examined. I did not say I had a suspicion about another woman—I recognised the second coin as being bad at the time, but I thought it was not worth while following you then, as I thought you would come again, and you did.
Re-examined. I am sure she is the same person who passed all the three bad coins.
GEORGE PRICE (Policeman J 235). I was called to Messrs. Adams's shop on 4th February, and the prisoner was given into my charge with these three coins by the last witness—the prisoner said nothing—I then told her she would have to come to the station—she said she had been there one of the days, but she could not say which—I then asked her if she acknowledged passing the bad coins—she said that she did on the 4th, but she did not believe she passed the other one on the Tuesday.
Prisoner's Statement before the Magistrate.—"I admit passing a bad shilling-on the Saturday, but I did not know it was a bad one; as to the other I know nothing about it."
GUILTY . — Nine Months' Hard Labour.
MR. WILKINSON Prosecuted.
HENRY NOREY . On the evening of 18th February, I was in Bath Street, St. Luke's, selling baked potatoes; the prisoner came and bought two potatoes, price 1d., and gave me 1s., I gave him 11d. change and he went away—I then put the coin in my purse, there being nothing else there but two sixpences—in about ten minutes he came back and bought three more potatoes, price 1 1/2 d., and gave me another shilling, and I gave him 10 1/2 d. change—I put the second shilling along with the first, and the two sixpences—in about seven minutes he came back again and bought one potato and gave me a shilling—I tried it in my teeth and found it was bad—I did not give him any change for that; I gave him in custody and told him it was a bad shilling—I had found the first shilling was bad before I got the second one; it was soft—I tried the
second as soon as he gave it me, and found it was bad, but I had no opportunity to give him in custody as there were no constables about—on the third occasion I got a constable and gave him in custody, with the coins—these are the three (produced).
WILLIAM SMITH (Policeman G 45). I was called by the last witness on this 18th February and found the prisoner standing by the baked potato can—the last witness handed me these three counterfeit shillings, and said "I have got a bad shilling, and I have taken two more of the man"—I looked at the shillings and found they were all bad—the prisoner pretended to be drunk—I searched him and found 3d. in bronze upon him.
GUILTY . — Twelve Months' Hard Labour.
ALFRED WALLACE . I live at Stoke Newington, and am a plasterer—on Christmas morning, at 1 a. m., I was proceeding home from the East-end, and when in the Bethnal Green Road, near the end, I was set upon by four men, who struck me behind the ear, and knocked me down, and dragged me into Little York Street while I was insensible—there they said to me "Deliver up all you possess, or we will stab you to death"—they took 2l. 15s. 8d. from my trousers pocket and a pipe—up to that time I had been too terrified to call for help—they told me to pull off my clothes and boots, and then I called "Murder!" and "Police!"—as soon as I did so I was struck on the head with a piece of iron—I don't know who by; they all had a large piece of iron in their hands—that is what they threatened me with—my skull was fractured in two places—I was in the hospital five days—then three ran down to one end of the street, and the other one up to the other end of Bethnal Green Road—I followed that one, and saw him captured by the constable—I charged him, and he was tried here, and sentenced to 18 months' hard labour and 20 strokes with the cat—I next saw the prisoner on 29th January in the Kingsland Road, against the Metropolitan Hospital at 2a.m.—he ran up to me and said "Holloa, you b—copper, we gave you a good hiding on Christmas Eve, and we will give you another when we get you up that way again"—I followed him, and told him he had better get away from me or I should give him in charge—he walked away, I followed and gave him in charge—I recognised him when he spoke to me as one of the four who had attacked me on Christmas morning—I have known him for some time—I have seen him on several buildings where I have worked.
Cross-examined by the Prisoner. On the 29th I did not say good-night to you, and afterwards call after you—you did not stop till the policeman caught hold of you—the inspector at the station said you were well known patrolling the streets.
WILLIAM ALEXANDER (Policeman G 198). I took the prisoner on the 29th January at 2 a. m., when the prosecutor gave him into custody, identifying him as one of those who had committed the highway robbery on him on Christmas morning at 1 a.m.—the prisoner said his mother could prove he was at home at the time—no time had been mentioned to him.
Cross-examined. You were standing still when I took you—the prosecutor was close to you when he gave you in charge.
The Prisoner's Statement before the Magistrate. "I do not know Little York Street. I am not guilty. The reason he is putting this on to me is because I used to go out with a woman he lived with, and who left him."
Witnesses for the Defence.
MARY ANN NEWBURY (By the COURT). I am married, my husband is a gardener; we live at 9, Abney Gardens, High Street, Stoke Newington—the prisoner is my son—he does not live with me—I don't know where he lives—he was with me in my house from half-past 11 on 24th December, till about 12 on the Sunday night, Christmas night, when he left—the whole of the night before Christmas Day, he was sitting up in the downstairs room with his brother and another lad keeping the fire in—they sat up to boil the pudding—I did not go to bed till half-past 3—I asked them then who was going to have the next turn at the pudding—they remained there all next day—nobody was present but the prisoner and his brother after half past 3 a.m.—but up till then Louisa Harwood and my husband (who is in the infirmary now) and my two little girls of ten and six years old, were there—the prisoner and his brother and the other lad did not go to bed at all that night—I left them and went to bed at half past 3—the prisoner's proper name is Charles Gilbert—I have married a second time.
Cross-examined. The prisoner came to my house very often until this time; he leaves the things he hawks outside—he very often stops all night—I am positive at 1 o'clock I looked at the watch and said "It is 1 o'clock, who is going to have the next turn at the pudding—I put it in the pot at half past 1, and it was done at half past 3—Louisa Harwood was in and her daughter, and Frank White and my son were there—they are not here.
By the COURT. My son earns his living by hawking flowers about—he calls at some places where I go to work, at Mrs. Rogers and Mrs. Moon—I have worked for them ten and twelve years—I can't say if he sells flowers in the Bethnal Green Road.
LOUISA HARWOOD (By the COURT). My husband is a labourer—I am not related to Mrs. Newbury, nor to the prisoner; I know him—last Christmas Eve I went into Mrs. Newbury's between half past 12 and twenty-five minutes to 1 to see if my daughter was there—I stayed there till half past 3 a.m.—Mrs. Newbury, Mr. Newbury, Harry and Charles Gilbert, and Sarah Harwood, my daughter; and Alfred White, were there all the time—I left the prisoner and his brother Harry, and Fred White sitting by the side of the fireplace—the four hours I was there I was talking and seeing Mrs. Newbury make her Christmas pudding, and at 1 o'clock she said "Who will have the next stir at the pudding?" and my daughter got up and stirred it—I did not hear of this robbery till Mrs. Newbury told me of it after the prisoner was taken into custody—I did not hear what it was for—I did not know it was for highway robbery until I got to Worship Street on the first hearing—I did not know what had happened or when it had happened till 1 went to the police-court—I went there because I knew he was at home at that time, and I went to prove he was at home.
Cross-examined. I went on my own account; she did not ask me—I
went with her—we both knew what we were going for—I knew he was at home at the time.
Prisoner's Defence. I am not guilty.
ALFRED WALLACE (Re-examined). The prisoner asked me a question at the police-court about my having lived with a woman, and whether he had been out with her—I denied that I lived with any woman—I never lived with any woman in my life.
NOT GUILTY .
THIRD COURT.—Monday, February 27th, 1888.
Before Mr. Common Serjeant.
MR. H. AVORY Prosecuted and the evidence was interpreted to the prisoner.
LEONARD JAMES HANDLER . I am manager to Mrs. Hadley, who keeps the Druids' Arms, Camden Passage, Islington—on 8th February, about 10 p. m., the prisoner came in with another female, and the prisoner asked in English for two glasses of ale—one of them paid with a good half-crown—I put it in the till, gave her the change, and they left together—they came back in 20 minutes, asked for drink again, and the prisoner paid with a half-crown—I said in English "This is a bad one, and chopped it with a cheese-knife—she said she was very glad She brought it to me as, if she had taken it anywhere else she might have got into trouble—her friend paid for the drink with good money, and I gave this bad coin back to the prisoner—I had not cleared the till since the afternoon, and when I cleared it that night I found only one half-crown, and that was bad—on 11th February, about 10. 30, the prisoner came in alone for a glass of stout, and gave me a bad shilling—I told her it was bad—she said in good English that a gentleman gave it to her, and she was a foreigner, and did not understand good money—I told her she had given me a bad half-crown on the previous Wednesday, and gave her in charge, with the half-crown and shilling.
Cross-examined by the Prisoner. It was after 10 o'clock when you came the second time—I did not say that unless you gave me 3s. 6d. I would give you in custody.
SAMUEL SORICK (Policeman N 319). On Saturday night, February 11th, I took the prisoner at the Druids' Arms—the barman charged her with passing a bad half-crown and shilling—on the way to the station she said "I don't know what bad money is; I am a foreigner"—at the station she said "I have no address; I am a prostitute"—the female searcher handed me two shillings, a sixpence, and fourpence, all good.
The Prisoner's Statement before the Magistrate. "On Wednesday a gentleman gave me a half-crown, and that I passed at the prosecutor's house. I did not know it was bad. That was the only one I passed. On Saturday a gentleman gave me four shillings, and one of them I passed at the prosecutor's. I did not know it was a bad one."
The prisoner repeated the same statement through the interpreter, and said that Mr. Handler gave her in custody because she would not pay him 3s. 6d.
L. J. HANDLER (Re-examined). I did not say that unless the prisoner paid me 3s. 6d. I would have her locked up—on the day I found the half-crown in the till my takings were 30s., but there was only one half-crown.
NOT GUILTY .
OLD COURT.—Tuesday, February 28th, 1888.
Before Mr. Justice Hawkins,
MR. POLAND Prosecuted.
MARY BALFOUR . I keep a confectioner's shop at 77, Marchmont Street, Tavistock Square—on 24th December Brenham, who is not quite a stranger to me, came to my shop and handed me this letter (produced) containing this cheque for 5l.—I read this note and noticed that it was headed "University Hall"—I asked him some questions about the hall, and he seemed to know something about the place. (Letter read:"University Hall, 24th December, 1887. Mrs. Balfour,—Please supply the undermentioned, for which I enclose a 5l. cheque. Will you kindly settle up the balance and send by bearer, and oblige,GEORGE PONSFORD, care of E. Askew. "Then followed a list of goods, and then it stated: "Pease excuse cheque, as I have not got ready cash. Please send balance and oblige. "The cheque was for 5l., and purported to be signed by George Ponsford, and was payable to Mrs. Balfour, and was drawn on the High Wycombe Branch of the London and County Bank.) The price of the goods was 8s. 4d.—I believed that it was a genuine order and cheque, and supplied him with the goods, and handed him the balance of 4l. 11s. 8d—my boy Pearce then left the shop with Brenham for the purpose of carrying the goods—I paid the cheque into my bank, and it was returned marked "Forged," as it is now—at the end of January I saw Brenham at the station with six or seven other people, and picked him out—I am quite sure he is the person who brought the letter and cheque—I do not know Bonlett.
GEORGE EDWARD PEARCE . On 24th December I was outside Mrs. Balfour's shop, and carried the basket of things towards University Hall—I first saw Brenham a little way from the shop, and he said "I think I can carry these things now"—another man then came up who I believe is Bonlett, and Brenham said "Here's my brother; he will help me carry the things"—I then handed him the goods out of the basket, and he said "I would not hurry back if I were you; I would take my time"—
I returned to the shop—at the end of January I saw Brenham at the station with some others—I am quite sure about him.
MARY PARSONS . I am the wife of Harry James Parsons, who keeps a confectioner's shop at 6, Torrington Place, Gordon Square—on 24th December Brenham called at my shop with this letter, addressed to Mr. Parsons—it was handed to me by Miss Poole, my assistant—I opened it, and found it contained this letter, signed "G. Ponsford," and a cheque for 10l. (Read: "Sir,—Will you kindly deliver the following goods at No. 6 room, Univerity Hall, by 4.30 p.m., for which I enclose 10l. cheque. Please seal up the balance of cheque, and enclose bill. (Signed) G. PONSFORD. ") The price of the goods was 12s. 9d.—he said he was to wait for the change from the 10l.—we had not got the change, and we said we would send the goods on with the bill—I gave him the cheque back and he left—I afterwards sent the goods, and they were brought back—to the best of my remembrance Brenham is the person.
Cross-examined by Bonlett. I did not see Mrs. Parsons open the letter.
Re-examined. I saw the letter after it was opened and saw the cheque—I made the things up from the letter.
PERCY RAVENSCROFT PONSFORD . I am now living at Mornington Place—I was living at University Hall, about 15 months ago—Brenham was then a servant there, and I should think that he would know my name—I do not know a George Ponsford, and know nothing of this transaction—I left University Hall on 1st October last year—this is not my signature to this cheque—I do not know it at all.
ERNEST GREGORY ATKINS . I am steward at University Hall—I was employed there in December last—there is no student there of the name of George Ponsford, nor was there any one there of that name in any other capacity—I know no person of that name.
ALFRED JAMES RUTHERFORD . I live at Bishop's Road, Bayswater, and manage a baker's shop for Mr. Thomas Field—on 28th December Brenham brought this letter to my shop—I opened it and found it contained this cheque for 5l. (Read: "Please forward me not later than 8 p.m. the undermentioned, for which I enclose cheque for 5l., and oblige yours,STRADWICK. " The cheque was also on the High Wycombe Branch of the London and County Bank, and was for 5l., and was signed "G. Strudwick. ") I asked Brenham where he came from—he said "From Mr. Strudwick, of Bayswater Terrace"—I would not give him the things or the change, but said I would send them on—he then left the shop, and I went to Mr. Strudwick, who is a florist, at Bayswater Terrace—after seeing him I went to the police and obtained a warrant—I afterwards saw Brenham, and picked him out from other persons.
ALFRED LEVISON . I am a tailor, at 206, Pentonville Road—in January Brenham came to our establishment and bought a suit of clothes and on overcoat—I don't know the exact date—he gave his name as William clements, and said he lived at 145, Barnsbury Road, and was a jeweller—he had a cheque-book with him, and I saw him write this cheque for 2l. 10s., with which he paid me—the articles altogether came to 2l. 18s. 6d.
—he paid me 8s. 6d. in cash. (This was dated 3rd January, and was on the High Wycombe Branch of the London and County Bank.) I afterwards made inquiries at Barnsbury Road, and then gave information to the police—I did not try to cash the cheque.
ALFRED CHAPMAN . I am assistant to my father, James Chapman, a tailor, of 233, Pentonville Road, that is about twenty doors from Mr. Levison's—on 3rd January, Bonlett ordered a suit of clothes, price six guineas, and wrote me this cheque. (This was dated 3rd January, and was signed Wm. Clements, and was for two guineas.) He was to have called again on the following Saturday to take the things away, but he never came.
Cross-examined by Bonlett. I am quite positive you are the man who ordered the clothes—we don't always take cheques from customers, but when we do, we leave the order unexecuted until the cheque is passed through the bank.
ANDREW LANSDOWNE (Detective Inspector, Scotland Yard). On 7th January, I saw Bonlett at Drummond's Bank, Charing Cross, and went with him to 145, Barnsbury Road, the address he had given me—I then took him in custody; he had a loaded revolver with him—I searched him and found this cheque book on him. (This was a cheque book of the High Wycombe Branch of the London and County Banking Co.)
JOSEPH LENNOX LOGAN . I am a colonel in the Naval Reserve-on 23rd December, in the evening, I was going from Bury Street to Euston Station and on arriving there missed a portmanteau which contained this cheque book—nine cheques have since been torn from it—these cheques (produced) were not torn out when I lost the book.
Cross-examined by Bonlett. I did not see you near my cab at the time my portmanteau was stolen—the horse fell down just as I arrived at the station but my servant was on the box, and he says it was not there that the portmanteau was stolen.
WILLIAM HOLDEN HOATHER . I am manager of the High Wycombe Branch of the London and County Bank—I have seen Colonel Logan's cheque book—in December and January we had no customers of the names of Ponsford, Strudwick, or Clements—those cheques were presented and returned as forged.
JOHN ROBINSON (Detective G). On 25th January I arrested Brenham on some other matter, and at the station he said "You are trying to work something up against me, but you cannot charge me with forgery, it is a good job you did not take me when I was passing a cheque at a baker's shop in Marchmont Street, Jack stood outside with a loaded revolver, swore he would shoot the first policeman who attempted to take me"-! said "Who is Jack?"—he replied "You know, the one who shot at Mr. Lansdowne"—he then said Jack always wrote the cheques—"I searched him, and found on him this letter, signed Jack. (Bead) "Will you come round to me at once, as I want you very particularly? it is all right you need not be afraid; so come, Jack."
WILLIAM CLEMENTS . I live at 145, Barnsbury Road, Bonlett is my half brother—I know nothing of these two cheques signed "William Clements"—I never authorised Bonlett to sign them—I have seen the cheques and the letters; to the best of my belief they are all in Bonlett's
Cross-examined by Bonlett. I will not swear it is your writing—I say
that because 1 have not seen you write them—the last letter I received from you was a few months ago—I last saw you a few months ago—before that I had not seen you for five or or six or seven years.
Brenham's Statement before the Magistrate. "I gave evidence to Mr. Robinson, the detective, about the cheques, and I told him I did not forge the cheques myself, Jack Clements wanted me to take some more cheques for him, and I told him I would not, and he then threatened to shoot me, and I kept out of his way."
Bonlett in his defence denied that the cheques were written by him, or that there was any truth in the statement made by Brenham.
BONLETT, GUILTY both of forging and uttering — Twelve Years' Penal Servitude. BRENHAM, GUILTY of uttering; he also PLEADED GUILTY to having been previously convicted at Bow Street, on 4th October, 1886.
MR. JUSTICE HAWKINS ordered a sum of 10l. to be paid to Inspector Lansdowne, as a reward in recognition of his resolute conduct on his arrest of Bonlett (see page 559).
MESSRS. POLAND and MEAD Prosecuted; MR. FULTON Defended.
NOT GUILTY .
MR. GRIFFITHS Prosecuted.
GUILTY of an indecent assault. — Eight Months' Hard Labour.
NEW COURT.—Tuesday, February 28th, 1888.
Before Mr. Recorder.
334. ARTHUR EDWARD POWELL (27) PLEADED GUILTY to forging and uttering an order for 21l. 3s.; also an authority for the payment of 1l.; also an order for the payment of 2l. 10s. 7d.; also to embezzling the sums of 1l., 17l. 2s. 7d., and 2l. 9s. 7d., of Thomas Dawson, and another, his master; also the sums of 2l. 17s. 4l., 9s. 8d., and 15s.; also 4l. 13s., 1l. 13s., and 12l. 13s. 1d., of his said master's. He received a good character.—Recommended to mercy by the prosecutors.— Six Days' Imprisonment.
335. JOHN ROBERT OLIVER ROSS (44) , Stealing on 28th July, 1887, a 100l. Queensland Four per Cent. Bond, the property of John Percy Gordon, and another, his masters, and JOHN BRUCE (52) , Feloniously receiving the same, to which Ross.
PLEADED GUILTY .
MESSRS. GILL and SHEARMAN Prosecuted; MR. FULTON defended Bruce.
JOHN PERCY GORDON . I am one of the firm of Gordon and Dalbeck, solicitors, of Bedford Row—Ross has been our clerk about three years at 2l. a-week salary—I have known him since 1872—he was employed at Messrs. Parkers, solicitors, but he was out of employ when he came to us, and came and asked for employment—we rent a strong room elsewhere, at 17, Bedford Row, and Ross was strong-room clerk; no one but
he and I went there, unless I sent the cashier, Mr. Harvey—some bonds payable to bearer were entrusted to us by a client, some of which were kept at our bankers, and some in a special box in our strong room on which there was a patent lock, to which I thought there was only one key—I was away at Brighton for three weeks in July, and was away for a fortnight in October, and in December I was in Bath for a week, and came back on Monday, December 19th, on which day Ross did not appear, and his wife came to make inquiries after him—I became suspicious, searched the strong room and strong box, and missed three 100l. Queensland Bonds, Nos. 99, 277, and 573, and some Canadian and New South Wales Bonds—I communicated with the police—I caused an advertisement to be issued describing the bonds—I received a communication from Messrs. Carr and Smith, stockbrokers, of London, and Bruce was arrested on the Wednesday—he sent for me the same night, December 22nd, and said that he was innocent, and that he had given all the money to Ross—I asked him where Boss was—he said he had not the slightest idea—Inspector Conquest afterwards produced a key, which I tried to my bond-box, and it fitted—I compared it with the other key; they were exactly alike.
Cross-examined. Ross came to us shortly after Messrs. Parker failed—he had been with them 16 years, not quite in the same position as with us—he was more of a general clerk.
JAMES CARR . I am one of the firm of Carr, Brothers and Smith, 10, Angel Court, stockbrokers—I know Bruce—he was a member of the Stock Exchange about 20 years ago—he came to me about 19th October, and said "I have got a little business for you"—I said "If it is bond fide business bring your bonds, or bring your money; I shall be pleased to do it"—he produced from his pocket a 100l. Queensland Bond, No. 277, and said "Will you sell it for me, and give me cash for it?"—I went into the market and sold it, while he waited in the office, and gave him a cheque for it on Glynn's, crossing out" and Co.," and putting in "Pay cash" at his request—when he had the bond in his hand, I said "Well that is good enough; it is a pity to part with such such good bonds as that—he said "This is not mine; it is my brother-in-law's, "but did not say who his brother-in-law was—on 15th December he came again with a 100l. Queensland Bond, No.577, and a Canada Four per Cent. Bond, No. 15214, which were passed into the outer room to be examined—he wanted cash for them—I said that it was a very busy day, and he being an old Stock Exchange man ought not to come and bother me on an account day—he said "Any time will do"—he left them with me, and I sold them—he came back next day, and I gave him a cheque on Glynn's for 208l. 15s., payable to himself—he had asked for an open cheque—on, I think, December 19th, he came, and said "I have got some more to sell," and produced a 500l. and a 200l. New South Wales Bond—I sold them for 720l. 5s., and gave him the contract—as he was going out of the office I called him back, and said "By-the-bye, Bruce, you have not told me the name of your brother-in-law"—he said "I thought I had, John Ross"—I said "Where does he live?"—he said "Bath"—he asked for cash—I said "Oh, it is such a bother running about for cash; I don't know that I shall get the money to-night myself, and I gave him a crossed cheque to order, on Glynn's.
Cross-examined. He said at the first interview that he wished they
were his, but they belonged to his brother-in-law—he said John Ross—he did not say "At present he is at Bath"—he said "My brother-in-law is John Ross; he lives at Bath," and I wrote it down—this is it "John Ross, Bath"—I did that to have it copied in our contract-book.
ROBERT HALL . I am clerk to Messrs. Glynn, bankers—I produce my book, which shows on 19th October a cheque for 102l. by Carr Brothers, which I cashed with 10 5l. notes, Nos. 74456 to 74465, and 52l. in gold—on 15th December I cashed a cheque for 208l. 15s., with 10 5l. notes, 53777 to 53786, 20 5l. notes, 53757 to 53776, inclusive, and gold.
FRANK GEORGE MANNING . I am a cashier at the London and South Western Bank, Fenchurch Street Branch—on 20th December a cheque for 720l. 5s. on Messrs. Glynn was paid in with this paying-in slip by J. Bruce to the credit of Mrs. Catherine Bruce—that was advised the same evening to the Camberwell Branch—we had no account of Mrs. Catherine Bruce.
GERALD MAURICE . I am a clerk in the London and South Western Bank, Camberwell Branch—on 19th December Bruce came there with a man named Vallance, who said that he wished to introduce Bruce to open an account in the name of his wife, and Bruce produced a letter from Mrs. Bruce, requesting us to open an account in her name—this, "Witness to signature, H.L.VALLANCE," was written at the time—Bruce paid in 11 5l. notes 53757, and 53761, and 53765, and 53780 to 53784—I gave him a cheque-book—he asked me to change three 5l. notes, 53777 to 53779, credit the account 720l. 5s. and on the same day, a little before noon, Bruce came and presented a cheque for 700l., and I paid him 24 10l. notes, 38997 to 39000, 85576 to 85595; three 20l. notes, 62433 to 62435; four 50l. notes, 52697 to 52700; an two 100l. notes, 00754 to 00755—that was the only cheque paid on the account—another was drawn, but it was stopped.
HENRY FLETCHER VALLANCE . I am a solicitor, of 55, Chancery Lane—I am not doing much now—I have been in practice at Camberwell some time—I live at 155, The Grove, Camberwell—I have known Bruce many years—I took him to the London and South Western Bank, Camberwell Branch, and introduced him to open an account—my wife has her account there—I did not see this letter written, but I know the signature—Bruce asked me to go to the bank on the same day that I went—he told me that Mrs. Bruce's cheque had arrived—I was aware that Mr. Alexander Bruce was in the habit of paying her dividends on some funds, and he said "Will you introduce me to your bank?"—I said "The account should appear in her name, as the money, being hers, it is for the family"—Bruce introduced me to Ross on, I think, December 21st—I don't think he mentioned his name—he said "My brother-in-law"—that was at Bruce's house in Champion Grove—I don't think I ought to disclose what I was introduced for—I was consulted as a solicitor by both Bruce and Ross on that Monday—I had never seen Mr. Ross before—I have got a certificate, but I have not got it her—they consulted me as a solicitor on that 21st December, and I left England with Ross that night—I think that was the same day that I was introduced to him—we went
to Bruges, and he travelled as Murray, my clerk—I left him at Bruges and returned to England, and got back on Christmas Eve—I have a man named Simmonds in my employ; I do not know him as Flemming—I sent him as Simmonds to Messrs. Gordon and Dalbeck—I had not seen the 50l. reward out—I have never seen it yet; I swear that most distinctly—when I got back I was told that Bruce was in custody—the day I left England was not the only time I was consulted as a solicitor—I consider I was always acting as Ross's solicitor—he cannot speak French—he travelled as my clerk Murray, because he told me that there were some family troubles, and they might be settled.
MICHAEL CASY . I am a porter, and run on messages and jobs about Bedford Row—I have seen the prisoners together at Guest's public-house at the corner of Warwick Court, Bedford Row—I have heard Ross ask for Bruce there many times, and I once heard Bruce ask for Ross, saying "Have you seen my brother-in-law?"
JOHN CONQUEST (Police Inspector C). On the evening of December 18th I received this matter into my hands, and made inquiries at once—on December 21st I went to 21, Champion Grove, Denmark Hill, and saw Bruce—I said "I am a police officer; I believe you changed a cheque this afternoon at the Camberwell Branch of the London and South-Western Bank for 700l.?"—he said "Yes, I did"—I said "That money is the proceeds of some bonds which were stolen from Messrs. Gordon and Dalbeck, 2, Bedford Row, value 1,100l."—he said "My transactions with Ross were purely a business matter; he is my brother-in-law, and I only received my commission for selling the bonds"—I said "What have you done with the 700l.?"—he said "I gave it to Ross outside the bank"—I said "Where can I find Ross?"—he said don't know, but I will do all in my power to assist you to find him"—I said "You will be charged with being concerned with Ross in stealing these bonds"—he said "Well, I can't help it; what I did I did honestly"—I took him to the station; he made no answer to the charge there—I searched him, and found a key, which opens a drawer in Mr. Gordon's office—I made inquiries at Bruce's house, and went to his daughter's house in Smith Street, Chelsea, who handed me 700l. in notes—I had the numbers of the notes from the bank before that, and they were the same, the proceeds of the 700l. cheque—on January 24th I received Boss in custody at Dover from a Belgian officer, where he had been extradited—I also received among his property four 5l. Bank of England notes, 53772, 53773, 53774, and 53779, 90l. in gold, and some foreign money, altogether 110l.—I found a bunch of keys on him, one of which I tried to the bond box, and it opened it.
BRUCE— GUILTY . — Five Years' Penal Servitude each. The COURT and the Grand Jury commended the skill of Inspector Conquest.
MR. GREENFIELD Prosecuted; MR. GRANT Defended.
EDMUND REID . I am cashier to Marshall and Snelgrove, of Oxford Street, drapers—on 18th January, about 3. 30, one of the shopmen brought the prisoner to me—she asked if I could change this cheque for 250l., handing it to me—I went to my desk, and told her I had not sufficient—she said she required some money—I gave her 20 5l. notes,
and told her I would give her the remainder next day—Mrs. Helen Metcalfe is a customer of ours—the cheque was endorsed "Georgina Metcalfe"—it was sent to our bankers, the Union Bank, and returned marked "Refer to drawer"—when I next saw the prisoner she was in custody—I had not known her personally before, but she was known to the firm.
Cross-examined. She had an account with the firm—I do not know that she was in partnership with her sister at that time—I got my information after the cheque was brought, and then I found that she was a customer, I believe both when she was in partnership with her sister and while in business for herself.
Re-examined. That was years ago on her own account, not at that date—I had had no transactions with her for years, either as a partner of her sister or on her own account.
HENRY FLETCHER (Policeman DR 48). On 6th February the prisoner drove up in a cab to 23, Park Street, Camden Town—she went into a shop—I followed her in, and asked her if her name was Georgina Metcalfe—she said "Yes, why?"—I said "I am a police officer, and I shall take you in charge for forgery"—she said "All right; I have a cab outside"—I went in the cab with her to Marylebone Lane Station, and on the way she said "Will you let me post a letter to my lawyer? I will make it worth your while"—I said "I can't allow you to do anything of the kind"—she was taken to the station and charged with forgery—she made no remark.
Cross-examined. I am not certain whether I told the Magistrate that she said she would make it worth my while—I did not inquire into the other cheques.
WILLIAM PUGSLEY (Police Sergeant D). On 6th February I saw the prisoner at the station—I said "Give me your bag and all the property you have"—she handed me this bag and a purse containing a 5l. Bank of England note, 3l. in gold, 6s. in silver, and 14 1/2 d. in bronze—the bag contained a registered letter, addressed "Miss Smith, "which had come through the post; it contained eight 5l. notes, two 100 dollar notes, two 20 dollar notes, two 1 dollar notes, 43 blank cheques, nine of which were signed "Helen Metcalfe," and two were filled up, one for 20l. and one for 25l., both signed "Helen Metcalfe," a banker's receipt for 500l., a quantity of tracing paper and three tracings, one "Helen Metcalfe," one "H. Metcalfe," and one "Metcalfe"; also a quantity of memoranda and letters—as I was searching the bag the prisoner pointed to the tracings of the signature, and said "That is how I did it; don't say I have not given you every assistance."
Cross-examined. The nine cheques were part of the 43, but the two filled up were extra—none of the nine, signed Helen Metcalfe, are dated—the two filled up are dated 18th and 21st January, 1888—this banker's deposit note is evidence in another charge against the prisoner: "January 23rd. Place to the credit of Miss G. Metcalfe 500l. This receipt is not transferable"—deposit accounts are subject to seven days' notice of withdrawal.
ALFRED LE CRANE . I am cashier of the St. James's Square Branch of the London and Westminster Bank—this cheque for 250l. was presented for payment, and I marked it "Refer to drawer"—two hours before that a person had come to me with this order (produced) for a cheque book; I
cannot say who he was—a cheque-book was given out upon that order, and this cheque for 250l. came out of it, and these other cheques also.
Cross-examined. Deposit accounts can he had at the bank, either at call or seven days.
ELLEN MAITLAND . I am the wife of Mr. Eagley Maitland, and trade as Miss Ellen Metcalfe, at 111, New Bond Street, as a Court dressmaker—the prisoner is my sister—this order (for a cheque book) is not signed by me or by my authority, nor is this cheque—I cannot identify any of the writing on the cheque—these other cheques, signed "Ellen Metcalfe were not signed by me or by my authority—I have an account at the London and Westminster Bank, and all my cheques are honoured on the signature of "Ellen Metcalfe."
Cross-examined. The prisoner is also charged on another indictment with forging my name to a cheque for 500l.—I was a witness at the police-court when she was charged with it—I have heard it said that with that 500l. she opened an account at the Tottenham Court Road Branch—across all the cheques were written "Georgina Metcalfe," with an address at a servant's home, where she was living and teaching dressmaking—the prisoner and I were in partnership at one time as Court dressmakers—the funds for that partnership were not raised by a joint mortgage on reversions which we were entitled to—the funds were borrowed in my name, and the lease was in my name—after the business grew, money was obtained on the joint security of mine and the prisoner's reversions—I did not marry while I was in partnership, nor did I dissolve partnership with a prospect of marrying Mr. Maitland—I knew Mr. Maitland at that time, but not intimately—the prisoner was released from her liability on the reversion shortly after the dissolution of partnership; it was not three years afterwards—immediately she wished to have her reversion released I borrowed money from my solicitor—I cannot say if it was done under her bankruptcy; I think it was before her bankruptcy—I could not say it was three years after; it is now eight or nine years ago—after the dissolution of partnership the prisoner went into business by herself—I do not know that her bankruptcy amounted to 408l. 2s. 2d., nor that she sold a reversion for 600l.—Mr. Lawther did not go to the purchaser of the reversion and tell him that it was worthless; I have not heard of it till this moment—I have heard that a subsequent reversion belonging to the prisoner was sold for 405l.—the bankruptcy proceedings were kept hanging over her head for four or five years—I don't know that the trustees in bankruptcy realised 485l.—I have heard that one reversion was sold for 400l. and one for 600l., and that when the bankruptcy came to be wound up in May, 1887, 477l. 13s. 5d. was paid to the creditors, 390l. 3s. 7d. was paid for law costs, and that 17l. 3s. 2d. was handed to the prisoner—I knew that she was entitled to an interest under her father's will—I am one of the trustees of the will, which contains a clause that if any of the children become bankrupt their share shall pass from them—I became entitled to the share within the past four years, I should say about six months after his death, and he died in February, four years ago—the prisoner would have been entitled to have taken her share in February, 1885, had she been free from bankruptcy—the value of the shares under the will is from 28l. to 30l. a year, arising from leasehold property—I don't know that the bankruptcy proceedings, being held over, she lost her title to her fathers will—I have not by those means deprived my sister of her share of the
will—I have acted all through on the advice of the family solicitor and on Counsel's opinion—I do not, acting on that advice, come into the box and say I am willing to help the prisoner; I will do my best to do what I can for her—I have not gone to the Court of Chancery to get their opinion about this—my solicitors did not say they would not go to the Court of Chancery on the validity of her claim—I don't know that she was penniless; she was in a very decent situation—I have done my best to carry out the wishes of the will—I was not on such terms with my sister as to present her with anything—I am not anxious to help her, only to do what is legally just: nothing more.
Re-examined. The partnership with my sister was eight or nine years ago, and it was dissolved about eight years ago—at the time of the dissolution a reversion of hers was mortgaged the same as mine, but it was released about two years afterwards—I acted under my solicitor's advice and on Counsel's opinion, in the forfeiture of the will—the solicitor is here—I am not in any way indebted to my sister—I have not done anything for her for eight years, since she left me—it did not rest with me to say whether there was a forfeiture of the will—I determined to have the best advice I could about it—I did not make my sister a present of the sum in the will; they would not allow me.
NOT GUILTY .
No evidence was offered. NOT GUILTY .
MR. GILL Prosecuted; MR. ABRAHAMS Defended.
JOHN WOFFENDEN . I am a journeyman tailor, of 17, Bury Street, Manchester Square—I have known the prisoner some years; he is a journeyman tailor—on 31st January I went to his place in West Street—he was sitting on his board, working—I had some conversation with him—I had had three or four glasses of drink—I used bad language, and he ordered me out of his place—he had not got his shears in his hand when he was sitting on his board; he would stand up to use them—he got off his board and opened the door—I did not see him take up the shears, but he rushed at me and I felt a "severe blow on my ribs and I fell against the wall—the female witness called out "Oh, don't"—another witness picked me up and took me downstairs—I was bleeding severely—I went to the police-station and was examined by a doctor—I suffered severely for some time—I had on two flannels, and they were soaked through—I was in the hospital a fortnight and one day—the prisoner did not suggest that it was an accident.
Cross-examined. I had called at four houses, and had twopennyworth of hot whisky at each—I went to the prisoner to ask him about Miss Dixon, who he had sewing for him in the summer—he was sewing—I believe I called him a drunken s—; those epithets had nothing to do with the work—I was not too drunk; the four glasses had very little effect on me—I asked him to fight because he ordered me out, but I did not hit him—he had not got his shears in his hand—a tailor does use his scissors sitting, but he did not want them to open the door with—I was
only in the room three or four minutes altogether—I might have gone towards him.
Re-examined. He deliberately struck me with the shears.
ROBERT BARRY (Police Inspector C). On 31st January, about 4.25, the prosecutor came to Marlborough Mews and made a statement to me—I examined him and found a wound, and he was taken to the hospital on a stretcher—I was present at the station when the prosecutor and prisoner were together—the prosecutor said "You know you stabbed me, you cowardly scamp"—the prisoner said "Speak the truth; you know it was not my fault; I am very sorry."
WALTER GIFFARD NASH . I am house surgeon at Middlesex Hospital—I examined the prosecutor—he was suffering from a punctured wound on the left side of the chest between the seventh and eighth ribs, two and a half inches deep—it had struck the eighth rib, which probably saved his life—it was such a wound as could be caused by these shears (produced)—he was a fortnight in the hospital.
Cross-examined. He appeared excited, as if he had been drinking—I do not anticipate any bad effects now.
EDWARD KITCHEN (Detective Officer C). I took the prisoner—he handed me these shears and said "Jack came to my room drunk, and used filthy language, and called be a b—s—, and said he would fight me—I requested him to leave the room, and got up and opened the door, when he rushed at me with both fists. I had the shears in my hand at the time—I did not stab him; it must have been done when he rushed at me. I did not know till afterwards that he was stabbed. I am very sorry, but it was not my fault."
Cross-examined. I have known the prisoner five years, and always as a quiet, respectable man—I have known the prosecutor during the last 12 months—he is almost continually drunk.
Witness for the Defence.
MARY HAYWOOD . I am married—on 31st January I was in the prisoner's room when the prosecutor came in—I heard very bad language—the prisoner ordered him out of the room, and he wanted to fight him—he got up to go, but turned back and used more bad language, and said "If. you don't go I will put you out"—he got up from his board to open the door and make the prosecutor leave the room—they both turned back again, and the prosecutor rushed at the prisoner and fell against the wall—I saw nothing more—I did not notice anything in the prisoner's hand.
Cross-examined. I saw the prisoner get of 'the board, but did not notice the shears in his hand—I called out "Don't fight!"—that was not because I saw the shears, I did not see them—I did not know that the prosecutor was stabbed till he had been out of the room some time and came back and said that he was stabbed; after some time the prisoner went back to his work and told me to go and tell Cook to get him into the bedroom to see whether anything had happened to him—I said before the Magistrate "He said he was stabbed, and went on working."
NOT GUILTY .
MR. GILL offered no evidence. NOT GUILTY .
THIRD COURT.—Tuesday, February 28th, 1888,
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
HUGH COCHRANE . I am a tobacconist, of 21, Craven Terrace, Paddington—on Sunday, 18th September, the prisoner came in between half-past 5 and half-past 6 for a cigarette—he placed a shilling on the counter; I gave him sixpence and fivepence in bronze, and he left—I directly saw it was bad, took it up, and followed him; I spoke to a constable and took him to the prisoner, who was walking along the street—the constable asked him for his name and address—he said "What has that got to do with you? I don't see why I should give it to you"—the constable said "This gentleman would like to know your name and address, because you passed a counterfeit shilling"—he said "If I did, I did it inadvertently; if you come this way, I have got half-a-crown in my pocket, I will make it all right"—I said "No, you have refused your name and address, I shall certainly have you taken to the station"—I gave him into custody and he was taken to the station—the constable asked him a second time for his address and he refused it—I marked the shilling with my initials, and afterwards gave it to the constable.
Cross-examined by the Prisoner. I discovered the shilling to be bad as soon as you gave it to me; I let you go out because I have lost over 5l. in two years through bad money, and I determined to make an example—I don't know if you have ever been in my shop before—you said you? would make my loss good.
JOHN KILLENE (Policeman F 51). I was on duty in Praed Street, when the last witness pointed out the prisoner to me—we followed and overtook him; I said "What is your name and address?"—he said "Why should I give you my name and address?"—I was in uniform—I said "This gentleman, "pointing to Mr. Cochrane," says you passed a counterfeit coin in his shop"—he said "If I did it, I did it inadvertently, and I have got a half-crown in my pocket and I shall make it good; you come to the mews"—the prosecutor then gave him into custody—at the station I found on him a half-crown and sixpence in silver, and fivepence in bronze, all good—he was asked his name and address there, he gave it Edward Medridge, Crown Coffee Tavern, John Street, Marylebone; I went there and made inquiries—the prisoner was brought up at the police-court next day, remanded, and then, that being the only uttering case against him at that time, he was discharged—this is the coin I received from Mr. Cochrane.
ABRAHAM SAUNDERS . I am a draper, of 42, James Street, Oxford 'Street—on 4th February, between 4 and 5 p. m., the prisoner came in, and said "I want a collar; it is 6 1/2 d. isn't it?" and put half-a-crown and a halfpenny on the counter—I "served him with the collar; I saw the half-crown was bad before I took it up—I said "This is a bad half crown; you passed one here about three weeks ago; "he said "I have never been in your shop before; give it me back, and I will give you a good one for it—I did not give it to him—I said "I believe it was you, and I shall give you in charge—I called in Elizabeth Bodley, who I supposed had served him before—I said to her "Was this the man that passed the bud half-crown here before?"—she said "I think it is"—at
first she said "I do not recognise you"—I said "I believe you are the man, and I shall give you in charge"—when he was served by Miss Bodley I was in the shop, close by—he was served with a 6 1/2 d. handkerchief; I believe it was the prisoner, I would not swear—he paid with a half-crown and a halfpenny, and Miss Bodley gave him 2s. change, and put the half-crown in the till—I went to the till about half an hour to 20 minutes afterwards and found only one half-crown there, it was counterfeit—nobody had been to the till between the time when Miss Bodley served the prisoner, and my going to it; nobody but she and I have access to it—I had cleared it three or four hours before—when I found it was bad I took it out of the till and put it on the top of the desk—in the evening I marked and put it in a paper-bag with my cash and took it over to the bar on the other side of the road, and showed it to people there—I gave these two coins to the constable—I should not like to swear the prisoner was the man on the first occasion; to the best of my belief he was; I am quite clear the man put down half-a-crown and a half-penny.
Cross-examined. The first coin was uttered about three weeks before the 4th—I took particular notice of the person who bought the 6 1/2 d. handkerchief, that is why I thought it was you when you came in again, and I told you at once you were the person that came in before; I had a slight recollection of your face—I said no more to the constable than that I should give you in charge—I did not speak to a constable three weeks before, about some one having passed me a counterfeit coin—there were plenty of other half-crowns in the paper bag I put the first one into; I marked this one first—I took it to show to tradesmen, to caution them—I had made up my mind to keep it till you came in again—I banked good money in the morning, and put this half-crown back—I did not state at the police-court that I did not discover it to be bad until I had attempted to trade with it—I did not try to pass it.
JAMES FREEMAN (Policeman D) 199). I was called to 42, James Street, and took the prisoner into custody—the prosecutor said "I wish you to take this man into custody, as I believe him to be the same man as uttered a counterfeit half-crown three weeks ago"—the prisoner said "I have never been in your shop before"—I took him to the station, he was charged and searched—on him was found a half sovereign, two half-crowns, and a farthing in a purse, good money, and some newly-purchased skeins of silk thread, in two separate parcels, and the last edition of Cassell's Magazine—he was asked his name and address at the station—he said "Henry Philips, but I have got no address"—the day after, he wanted some refreshment, and he gave me the address of his mother, 25, John Street, N., Mrs. Gasson—I found Mrs. Gasson living at that address.
GUILTY**. — Twenty Months Hard Labour.
MR. HORACE AVORY Prosecuted.
ale, and put down a coin which I picked up and found to be a bad half-crown—I recognised him and said "This is a bad half-crown, and you have been in here before, last Saturday, and passed another bad half-crown"—the prisoner said nothing—I then called the proprietor, Mr. Darmstadter and showed him the bad coin—I did not hear the prisoner say anything; he was given into custody—I had served the prisoner on the previous Saturday, 4th February, he had given me a half-crown in payment and I gave him the change—I put the half-crown in the money drawer; another assistant called my attention to it about 10 or 15 minutes after the prisoner had gone, and 1 found it was bad—there was no other half-crown in the drawer—I took it out and kept it, and put a good half-crown from my pocket in the drawer for my mistake—when the prisoner was given into custody, I handed both half-crowns to the constable—I marked them at Bow Street Police-station—these are they.
Cross-examined by the Prisoner. It might be 20 minutes after you had gone before I discovered the coin was bad.
JAMES DARMSTADTER . The last witness called me on the night of 7th February, and showed me a bad half-crown—I said to the prisoner "You gave a bad half-crown on the previous Saturday, the 4th, about the same time as this evening, half-past 9; they are bad ones"—he said "They are not, in fact, I have never been near the house before"—I sent for a constable, and gave him in charge.
Cross-examined. My barmaid told me you had been in on the previous Saturday—it was half-past 9 to the best of my belief when I spoke to you.
MADELAINE FOWLER (Re-examined). It was 20 minutes or half-past 9, on the previous Saturday, when the prisoner came—on 7th February he was not there many minutes before the proprietor came—he had some lager beer, price 3d.
By the Prisoner. I have never said it was half-past 5.
WILLIAM WILLIAMS (Policeman E 138). I was called to the Vienna Bar about a quarter past 9 on 7th February, and Mr. Darmstadter gave the prisoner into custody for uttering a counterfeit half-crown—the prisoner said he knew nothing about it—I searched and found on him a good two-shilling piece and 1 1/2 d.—Mr. Darmstadter then handed me this second half-crown, which he said was tendered on Saturday night, 4th instant, about the same time—the prisoner said he had never been in the house previously—I took him to the station—I asked his name and address, he gave the name of James Deacon—he said "I refuse to give my address"—it was a quarter past 9 by the clock in the bar—the prisoner said he did not know the coin tendered on the 7th was bad, and that he knew nothing about the one on the 4th.
The prisoner in his statement before the Magistrate and in a written defence, said he had had one half-crown given him in change by a young woman with whom he had spent the night, and that he did not know it was bad, and he denied having been in the house on any previous occasion.
GUILTY . He then
MR. BROMBY Prosecuted.
WILLIAM PEARCE (Policeman E 48). About 1 o'clock on Sunday morning, 5th January, I was in Gray's Inn Road, where I saw an old gentleman, the prosecutor, who was very drunk, and the two prisoners and some other people were surrounding him—afterwards he walked away—it was a great trouble for him to get along—he was stopped by Darcy three times between the corner of Derby Street and King's Cross—Darcy seemed to want to enter into conversation with him—I saw the old man try to get away from him; they followed him—he crossed the Euston Road, and went along St. Pancras Road—I, the two prisoners, and another person not in custody, followed him—I spoke to a sergeant and constable, and then I doubled back again opposite Edmund Street, where the old man had just got up to—I stood on the other side—Walton and the other men came up—Walton got hold of the prosecutor at the back of the neck and pulled him to the ground—Darcy was at his right-hand trousers pocket, and the man not in custody was at his left-hand trousers pocket—the old man began to shout "Police!"—I ran across—Walton and the man not in custody ran down Edmund Street—I gave chase, and after some distance lost him, but a constable who went up the other street, met Walton and took up the chase, and caught him in the Midland Road, and brought him back to where he knew the sergeant had got the other prisoner in custody, and then we took him into custody, and took him to the station, and charged him with attempting to steal from a drunken person—Walton was the man who put his arm round the prosecutor—the sergeant arrested Darcy.
Cross-examined by Walton. I was the width of the road from you when I saw you put your arm round his neck—you ran away, and ran about 500 yards up the Midland Road before you were caught—I could not catch your—I could have caught Darcy if I had liked; he is a cripple, and I knew I could catch him—I don't know if you were walking when the constable came on you.
DANIEL O'SULLIVAN (Policeman Y 15). At 1 o'clock on the morning of 5th January I was in St. Pancras Road—in consequence of something said to me by the last witness, I noticed an old gentleman—three or four men were near or with him hustling one another and the old man about—I was. about thirty yards off when my attention was first called—they ran away immediately they saw me running towards them, behind the last witness—I overtook one of the men, Darcy; he had a wooden leg, and could not run very fast—I took him into custody—I did not see them knock the old gentleman down; all I saw was that Darcy was one of the men, and after he left him I took him into custody—I found on him at the station 2s. 4 1/2 d., but nothing belonging to the old gentleman.
Cross-examined by Darcy. You were running away—when I came up you said you were making water—I asked you where, and you said There," pointing to a place that was perfectly dry—you were in the middle of the road—you pointed up against a wall.
Cross-examined by Walton. The prosecutor, William Pearson, was hopelessly drunk, and was charged with being drunk and incapable—
you asked him in the Court whether he had lost anything—he said "No."
JOHN DAVID (Policeman Y 174). I was in St. Pancras Road on this morning, and my attention was drawn to the old gentleman—I saw three men, two of whom are in the dock, surrounding and hustling him about—I saw the three men run away—I went down Chenies Street, where I saw Walton walking along quickly; that was about 150 yards from where I had seen him with the old gentleman, going in the direction from there—I tried to catch him; he ran away—I caught him after a run of 600 or 700 yards—he told me I had made a mistake—the third man ran away, and has not been taken.
WILLIAM PEARSON . I live at 6, Popham Road, Islington—early on Sunday morning, 6th January, I was coming home through a street off the Euston Road, I believe Edmund Street—I might have had half a dozen glasses of bitter ale, but I was quite competent to go home if I was allowed—two or three men came up to me, got me by the back of my neck, pulled me down, ripped my trousers open by the pockets, and took my portemonnaie (there was nothing in it), latch-key, and a breast-pin—I had money in a steel purse in my waistcoat pocket; that was not taken; the constable came up too quickly for them to get that—they hurt my arm—a few minutes before I had asked Walton to have a cup of coffee—I do not identify Darcy clearly; his features are familiar to me—they dragged me down suddenly—I could not put my coat on for 12 days without assistance, and cannot now turn my arm out; it is painful—my shoulder is swollen; it is not broken—my shoulder came down on a stone or something, and I cannot use my arm yet properly.
Cross-examined by Walton. I don't remember asking you for a light; I might have; I smoke—I might have asked you to have a cup of coffee—I might have taken hold of your arm; I could walk without you—I think we had coffee opposite to Marchmont Street, in the wooden house—I holloaed out "Police!" three times, or else I should have been left without my coat and everything—I told the inspector what I had lost—I lost no money—I suppose I was charged with being drunk—I was kept in the station, but it was in kindness I considered, for fear I should be attacked by the others in the road, that they kept me in safety that night—my arm was in a sling all that week.
Walton's Statement before the Magistrate. "I was set at liberty on 1st February, 1887, and went to work on 5th for Mr. Elliot; there I stayed till a month or so since; then I went to work at Collard and Collard's, and remained there till the week before last."
Walton in his defence said he had been at work since he came home from gaol; that on this night the prosecutor asked him to have some coffee; that after having some,. he left the prosecutor, and went to have some oysters, and that on his way home he saw the prosecutor leaning against a hoarding, and was speaking to him when he saw a constable coming, and thinking that he might lock him up for, being out late he ran away, and was taken into custody; and he asserted that the whole thing was a trap to catch him.
GUILTY of assault with intent to rob.
WALTON* then PLEADED GUILTY to a conviction of felony at Northampton, in November, 1877, and DARCY** to one at this Court in February, 1885.— Two Years' Hard Labour each ,
343. JOHN KIRK (26) PLEADED GUILTY to stealing a mare and barrow, the goods of Robert Petch; also to stealing a gelding, harness, and cart, the goods of Edwin Spooner; also to stealing a gelding, cart, and harness, the goods of Samuel Brown.— Eighteen Months' Hard Labour.
FOURTH COURT.—Tuesday, February 28th, 1888.
Before Robert Malcolm Kerr, Esq.
MR. WARBURTON Prosecuted.
CHARLES BAUN MITCHELL . I am a salesman, of 24, Arbour Square, Stepney—between 2 and 2. 30 a.m., on 7th February, I was called up by the police—I discovered that the front window on the ground floor was broken, close to the catch, and there was a hole big enough to get two hands in—the bars were broken between the shutter and the window—I saw it all safe about 11 or half-past the evening before—nothing was taken.
FRANCIS COGLAN (Policeman H 290). About 2 a.m. on 7th February I heard a crash of glass—I heard a second crash—I saw the prisoner coming out of the garden gate of No. 24—I said "Have you heard any glass breaking here?"—he said "No"—I said "You must be deaf, but if you are deaf I am not blind; you have some all over you"—I took him to the station—I went back to No. 24, and found the window broken—I called Mr. Mitchell up—I saw no one else but the prisoner in the Square—at each end of the square there was a light.
The prisoner handed in a written statement, his defence, to the effect that had been walking about out of work when he was stopped and questioned by a policeman, but he was quite innocent of any robbery.
NOT GUILTY .
MR. WARBURTON Prosecuted.
JOHN LEWIS . I live at 15, Arbour Square—I went to bed about 10 p.m. on 6th February—my front parlour window was safe and fastened—the curtain and rings were safe—I heard a noise in the night—a policeman called me—I went down and found the top of the sash and, the front parlour window thrown down, the centre pane broken, and the curtain and two wooden rings broken off—a person could have got in—there were goods in the room which might have been stolen.
FRANCIS COGLAN (Policeman H 290). I arrested the prisoner, on 7th February, at 24, Arbour Square—I found on him a box of silent matches like these (produced)—No. 15 is about 40 yards from No. 24—on entering No. 15 I saw mud on the window sill outside the window, and inside the approach to the cellar there was more dirt, apparently from a foot—the shutters were opened, and the window sash thrown down—I called up Mr. Lewis—I charged the prisoner with burglariously breaking and entering the house—he said "I don't know anything about it"—he gave me first the name of Leary, and then of Mahoney—the glass was on him at the station, and when he came out of No. 24.
The prisoner repeated his former defence, and added that he had no lodgings, had never been in custody before, and never thought of doing such a thing.
NOT GUILTY .
For Cases tried in Old Court, Wednesday, see Surrey Cases.
NEW COURT.—Wednesday, February 29th, 1888.
Before Mr. Recorder.
MR. BROXHOLME Prosecuted.
THOMAS BENNELL . I am a parcels carrier at the General Post Office—on the night of 6th February I was in the King's Head public-house, Upper Thames Street, and saw the prisoner there and some other men—they annoyed the prisoner very greatly, and took his winkles and fish away from him—the prisoner pulled an open knife out of his breast pocket and rushed at one of the men, who threw the contents of a pot which he had in his hand into the* prisoner's face—that stopped him, and he then turned round towards Taylor, who was behind him, and made a cut at him in the same manner—that was the first time I had noticed Taylor; he had not joined in this chaffing—he hit Taylor, and then he turned round on me, but I knocked his arm down.
JOHN STEWART (City Policeman 681) Taylor called me, and I took the prisoner outside the public-house—I said the man charged him with running a knife into him; he made no answer—at the station I found this knife (produced) upon him—he was not drunk, and the prosecutor was sober.
GEORGE TAYLOR . I am a porter, and live at 4, Albion Street, Deptford—about 6-30 p.m. I went into the King's Head public-house to get some refreshment, and saw the prisoner there and some other men—they seemed to be larking with the prisoner, and I thought he seemed to be larking back—I did not join in it or speak to any of them—I shifted away from them four or five yards, and was leaning on the bar when suddenly I felt a blow, but did not know I was stabbed—some one then,. said that he had a knife in his hand, and I undid my clothes, and found I was stabbed in the groin—the knife had gone through my great coat and all my clothes and through a large belt—I went to St. Bartholemew's Hospital and remained there two days.
EDWARD MANSELL SIMPSON . I am house surgeon at St. Bartholomew's Hospital—on 6th February the prosecutor came there, suffering from a small incised wound on the right lower part of the abdomen, about half an inch long—it was in a dangerous position—this knife would be likely to cause such a wound—he stopped two days and then was discharged—he is out of danger now
Prisoner's Defence. I had a knife in my hand; it was a mere accident not with any intention.
GUILTY of unlawfully wounding under great provocation. — Three Days' Imprisonment.
MR. BEARD Prosecuted; MR. BESLEY Defended,
WILLIAM CURTIS (Police Inspector). The prisoner is a police-constable, 418 B, and has been 17 years in the service—on 29th December he was on duty from 6 to 10 a.m.—about 12.30 he returned to the station in a very excited state, and appearing very strange said "I am going mad; I have killed my boy"—I said "What with?" and he said "With a chopper"—I ordered him to be detained, and went to his residence at 102, Lumley Buildings, where he lived, and there saw Ernest Hewlett, aged nine years, sitting on a chair, with a wound on the top of his head and one on his forehead—I found this chopper in the kitchen, splashed with blood—this book, splashed with blood, was beside the child—there was a large quantity of blood on the floor—I sent for Dr. Neville, and he examined the boy, and he was taken to the hospital—I went back to the station with Dr. Neville, and he saw the prisoner, who was then charged—he made no reply.
Cross-examined. I have personally known him about three years—he was devotedly attached to his wife, who died about June, 1885, and since that time he has been depressed, but I cannot say I have seen him illhe was depressed down to the end of February, when he was remanded—he failed to understand the commonest things that were said to him—I talked to him about his children, and he seemed lost—on more than one occasion he failed to recollect anything about the attack on his son—he was very vacant—three children were left; one has been with relatives in the country, and his comrades have made a subscription for its support.
THOMAS NEVILLE . I am a surgeon, of 85, Victoria Road—on 29th December I was called to Lumley Buildings to see the boy, and found him suffering from a wound on the crown of his head and another on his temple—they were both incised wounds—he had lost a great deal of blood, and was very faint and in a dangerous condition—the wound might have been caused by this chopper—I had him sent to the hospital—I then went to the station and saw the prisoner; he seemed dazed, and did not recognise me—I had attended him several times before—I asked him several times who I was, and finally he gave a start and said "The doctor"—I had been attending him. for epileptic fits; he has had them several times—epilepsy is a brain disease—people often become insane through those fits—the boy seems all right now.
Cross-examined. I attended the prisoner's wife—he was a most devoted husband, and was much grieved at her loss—mental affliction would no doubt aggravate epilepsy—I first saw him in fits after his wife's death—I have seen him three or four times in actual fits—there are cases of epilepsy where, although not in a fit, they are absolutely unconscious or their acts, and for some time afterwards—I should say that at the time he committed this act, having regard to what I have observed of him, that he did not know the nature of the act he was committing—that is founded
really upon the epileptic disease; not permanently insane, but insane at times so as not to know what he was doing.
Evidence for the Defence.
PHILLIP FRANCIS GILBERT . I am medical officer at Holloway Prison—the prisoner was there from about 30th December to the present time, under my care all the time—he has had no epilepsy there, but I have treated him with medicine—from my observation of him I should say he is epileptic; his appearance certainly carries that out—there is nothing inconsistent with his being perfectly unable at times to appreciate the ace he is doing—epileptic vertigo is a well-known disease to the medical profession—although they recover consciousness, at the time they may be perfectly oblivious of the act, before and after.
GUILTY, but not being responsible for the act at the time. — To be detained during Her Majesty's pleasure.
WILLIAM PHAROAH (Policeman E 366). On 15th February, about 12. 20, I was in Sardinia Street, and heard cries of "Police!"—I ran to the top of the street and saw Mr. Greenslade lying on the ground with four or five men round him—Sullivan was one of them—he was kneeling on him, and said "God blind me, I have not got anything"—I rushed up and took him in custody on the spot—others were with him.
ALFRED MORRIS (Policeman E 55). On 15th February, about 12. 30, I was in Middle Court, Great Queen Street, and heard some one shout "Police!"—I went towards Sardinia Place and saw some men on the ground about 60 yards away—I ran towards them and saw some of them get up and run away—I saw Filkins either leaning or kneeling on the prosecutor, who was on the ground—he got up and ran towards me, and when he saw me he walked away—I stopped him and took him to the prosecutor, who said that he had been robbed—he said "It was not me; I don't know anything about it—I searched him at the station, and found on him 5s. 6d. in silver, a pocket-knife, and some coppers, not in a purse but in the outer pocket of his jacket.
JOHN WILLIAM GREENSLADE . I am a solicitor's clerk, and live at 36, Bowles Street, Old Kent Road—on 14th February I was in a public house at the corner of Sardinia Place—I left at 12. 30, just as they were closing—I had to go from the private bar through the public bar, and when I got outside I was set upon by four or five rough fellows and thrown to the ground—my head came against the stones, and my head was very much swollen from the fall; I was unable to attend to business afterwards—two or three of them held me down, one knelt on me, one held my arms, and one put his hand across my mouth, but I thrust it away and called "Police!"—my pockets were rifled, and I lost a purse obtaining a half-sovereign, and 6s. or 7s. from another pocket, and this knife (produced)—I do not recognise the prisoners.
Sullivan in his defence said that he saw the prosecutor on the ground and several men round him and that when lie interfered they knocked him down and gave him a black eye, and that he told the policeman he had taken the wrong man.
Filkins in his defence stated that he saw a fight, and said 'Why don't
you give the man a chance and let him get up;" and that he saw a knife on the ground and picked it up and put it in his pocket and as he saw a constable coming he ran away.
GUILTY . — Nine Months' Hard Labour each
MESSRS. GILL and HALL Prosecuted; MR. BURNIE appeared for Hicks
MR. KEELING for Harrison, and MR. HEDDON for Mack.
JACOB WILLIAM EDWARDS . I am porter to Moore and Moore, pianoforte manufacturers, 150, Bishopsgate Street—on 8th December Hicks came there and said he wanted to select a piano, about 50l., having seen our advertisement—he asked me which I would recommend—I selected one, price 36l., but he requested me to reserve one at 50l.—I did so—he gave his name as "G. W., "Ibelieved that was his name—he did not write it down for me—he gave his address 57, Book-ham Street, New North Road, which I wrote down on a card, to be entered in the order-book—I am quite sure of the address—he left, and I did not see him again till I saw him at Worship Street Police-court—to the best of my belief Hicks is the man—on 13th December I delivered the piano at 51, Bookham Street; it was received by a man there, not either of the prisoners—it was sent to Mr. Gee—it was placed in a room on the ground-floor—nothing had been said to me about references—I have not seen the other prisoners before, only before the Magistrate.
Cross-examined by MR. BURNIE. TO the best of my belief the man who called upon me wore whiskers—the next time I saw Hicks was with the other prisoners in the dock; I was then asked if it was him, and I said to the best of my belief it was—this interview took about ten minutes—when he gave me his name, "G.W., "Iasked him if those were his initials, and he said "No, G.W. is sufficient; that is my name."
Cross-examined by MR. HEDDON. 51, Bookham Street is a double fronted house—I did not notice bills in the window "Lodgings to let;" there is no workshop attached to the house, that I am aware of.
Re-examined. I do not know what sort of house this is—I have no doubt in my own mind that Hicks is the man who called and gave me his name as G. W.
WILLIAM THEED . I am a clerk to Messrs. Moore and Moore, pianoforte manufacturers, of Bishopsgate Street—I remember a piano being sent to Bookham Street—I was instructed to go an I see Mr. James Gee, at 51, Bookham Street, and I called there on 12th December and saw a man who gave his name James Gee—I went into the front parlour, and something was said to me by Gee, and I went to 32, Alma Street, and there saw Hicks, and inquired of him as to Gee's character—Gee had given me a reference to Hicks—Hicks told me he knew nothing against Gee, and in consequence I made a favourable report to my employers it is the custom before letting out pianos to require some reference, and the result of my inquiries was quite satisfactory—I took the name Mr. Brewster, 109, Canonbury Road, from our books, and I went there, but could find no such number—I went there in consequence of something told to me by Mr. Moore—I called again at Bookham Street on the
13th, and some days afterwards I called again and found the house empty.
Cross-examined by MR. BURNIE. I said to Hicks that I had come about Mr. Gee, of 51, Bookham Street, and he said he knew nothing against him—I don't remember his saying he had lodged with him, but he spoke very favourably—he said he was a married man.
Cross-examined by MR. KEELING. I cannot describe Gee—I saw him in the twilight—he might have been 40 years of age; I wont say that he was not 50—he said he wanted the piano for his daughter.
ERNEST JAMES MOORE . I am a son of Mr. Henry Moore, pianoforte dealer, of Bishopsgate Street—I know the prisoner Harrison under the name of Gee—I first saw him on 12th December at our shop—he brought this hiring agreement (produced), and signed it "James Gee" in my presence with his right hand—I asked him upon what terms he held the house, 51, Bookham Street, which was on the agreement—he said upon a lease, and that Mr. Brewster, of 109, Canonbury Road, was the landlord—I instructed Mr. Theed to make inquiries there—I asked him what he was—he said he was a bootmaker to the trade, and made men's boots only; that he had several children, and wanted the piano for his eldest daughter—I asked him who Hicks was, (the name he had given to Theed as his referee)—he said he was also a bootmaker, and that he made only children's boots, or vice versa, I cannot say which, and when orders were obtained by either they shared them—I found out that there was no such number as 109, Canonbury Road—I asked Harrison if Hicks only knew of him in business, or whether he was acquainted with his private affairs, and he said only in business.
Cross-examined by MR. BURNIE. Theed had reported to me that Hicks said that Gee was married, and had several children—Harrison represented himself as a widower.
Cross-examined by MR. KEELING. It was about 7.30 p.m. when Harrison called and saw me—he signed this agreement which had been previously filled up by Mr. Theed—I went to 51, Bookham Street on the Saturday morning—I made the appointment by letter for 9 a.m., having received a letter from him saying that he wished to give up the transection—when I got there I was informed he had gone out early, and in proof my own letter was shown me unopened—when he brought the agreement he said he wished to sign it, and take the piano.
Re-examined. The agreement was prepared by me, and taken by Theed to be given to Gee, and the next I saw of it was when Harrison produced it.
JAMES HOWE . I am a clerk to Moore and Moore, of Bishopsgate Street—on 12th December Harrison called there, and produced this agreement in Mr. Moore's presence, and signed it "James Gee," and paid 28s. deposit—I have no doubt he is the man—I next saw him on 14th January going into 138, Queen's Road, Dalston—he remained in there about two hours, and then came out, and when he saw me following he ran away, and was subsequently taken in charge—he said "You have made a mistake, gentlemen, I am not Mack" (not one word had been said about Mack) "If Mack has obtained pianos under false pretences that has nothing to do with me"—I said "You are Gee"—I was doing the cashier's duty that week in his absence—the piano was an upright
grand, No. 17030—I have since seen it at the Duke of Clarence public-house, Clarence Road, Hackney, kept by James Hedlam.
Cross-examined by MR. KEELING. I and the detective were not 30 yards away when Harrison went into this house, and I informed them that he was the man—he walked sharp round the corner, and then ran, and we went down a turning to get in front of him—Sergeant Green went up to him—we were out of breath when we caught him.
Re-examined. I had heard Mack's name mentioned before, and knew who he meant—I had not seen Harrison before the 12th.
BENJAMIN WESTON . I live at 5, Parkham Road, Dalston, and am the leaseholder of 51, Bookham Street—about three months ago I let that house to the prisoner Mack—he gave the name of Michael Groom—an agreement was drawn up, but never executed—he was in my house about five weeks, and left on 15th December—he paid no rent—he referred to a person in the next street, whose name I forget.
Cross-examined by MR. HEDDON. The house was not dilapidated—repairs were done before he went in—there might have been a window broken—there was a man there repairing, on the day he left.
Re-examined. I never let that house to a man named Gee—Hicks was never my tenant.
THOMAS ARTHUR SMITH . I am an auctioneer, at Lee, in Kent—I know Mr. Hedlam, the landlord of the Duke of Clarence—I went with him and his daughter to 51, Bookham Street, to see a piano by Moore and Moore—it was a very good one, but was very dirty, and had one leg broken—we saw Mack there, but I did not know his name—Miss Hedlam played the piano, and I asked Mack to let me see the inside, and he pulled it to pieces and showed me—I said that will do, and Mr. Hedlam offered 12l. for it—I afterwards saw it at Mr. Hedlam's.
JAMES HEDLAM . I am landlord of the Duke of Clarence—I know Mack by the name of Gee—I called at 51, Bookham Street to see a piano, and saw him there with the piano—I had heard of it over my bar—neither of the prisoners told me about it—I subsequently gave him 13l. 10s. and an old piano for it—this is the receipt; my wife paid for it.
Cross-examined by MR. HEDDON. I knew Mack as Gee, when he signed the paper.
ALICE EMILY HEDLAM . I am the daughter of the last witness—I went with him to 51, Bookham Street—I saw my father pay for a piano, and receive this receipt—the prisoner Mack signed it, using his left hand. ("21. 12. 87. Received of Mr. J. Hedlam, 13l. 10s. and a walnut piano, for piano by Moore and Moore, paid James Gee")
JAMES LOVEGROVE . I am a surveyor, of 18, Urswick Road, and am landlord of 118, Queen's Road, Dalston—on 10th December I let that house to Mack, who gave the name of Martin Groom, of 51, Bookham Street—he gave as a reference, "Thomas Hicks, 10, Alma Street, St. John's Row," which he wrote on this memorandum (produced)—I wrote to Hicks, and received this answer. (This stated that he had always found Groom honest and straightforward, and that he was a very good tenant.)
Howe, and saw Harrison in Queen's Road—after going through several streets, he suddenly turned round—I stopped him, and before anything was said, he said "I am not Mack; you have made a mistake; if Mack has obtained pianos under false pretences, that has nothing to do with me"—I searched his house, and found a book with the name of Martin Mack on it—on reading the warrant to him he said "My name is not Mack; it is Martin Groom."
Cross-examined by MR. KEELING. Howe was only 10 or 12 yards away when Harrison made that remark.
ALFRED GOULD (Police Sergeant G). I know Robert Page, a police constable; he is ill—I was present when he took Hicks in charge, and heard him read the warrant, and heard Hicks say "I was only his reference"—I don't know who he referred to.
GUILTY . — Nine Months' Hard Labour each.
THIRD COURT.—Wednesday, February 29th, 1888.
Before Mr. Common Serjeant.
MR. BROUN Prosecuted.
HENRY PAGE . I live at 1, Cavendish Street, Bedford—on 10th October, 1871, I was present at Bedford when the prisoner was married to my sister, then a widow—I last saw her on Monday morning—she lived with her husband a little time after the marriage.
—VAGG (Detective Officer). I produce these two marriage certificates—I have compared both of them; one at Yarmouth and one at Bedford—I find them true copies. (The first certified a marriage between Henry Parfitt and Anne Maria Footer, at Bedford, on October 10th, 1871; and the second, one between Charles Henry Parfitt and Maria Green at Yarmouth on 23rd October, 1876.)
GUILTY . — Six Months' Hard Labour.
MR. WALKER Prosecuted.
GEORGE HAMMERSLEY . I am a caretaker, and live at 85, High Street, Aldgate—on 10th January I was in High Street, Whitechapel, at 7. 30—when I got to the corner opposite Webb's public-house I was surrounded by three or four men, who shoved me and made a noise "Hi! hi!"—I did the same to try to go between them, but could not, and all at once I said "What the devil are you up to?" and then they threw my arms up, and my overcoat, undercoat, and waistcoat were pulled open, and my watch was pulled from me from behind—I turned round, and they were gone—it was a very thick fog, and I could not see three, yards from me—I cannot identify any one—the value of my watch and
chain was 5l.—all the men dispersed in a moment—Frost made a communication to me, and went to fetch a constable.
WILLIAM FROST . I live at 36, Rodney Buildings, Pitfield Street, and am a lamplighter—on 10th January I was in High Street, Whitechapel at 7. 30 p.m., and saw the three prisoners walking to the prosecutor—they seemed to follow a woman round; they did not get anything—after I had been watching them about five minutes I saw a large number of men, including the three prisoners, round Mr. Hammersley—they helped Kaylor, a man now undergoing 12 months, and pinned the prosecutor against the wall—then I saw his watch snatched by another man not in custody, and it was passed to McCarthy, and all the prisoners made off—I next saw Donovan and White in Fashion Street, in a public-house, last Friday evening—I pointed them out to Sergeants Flack, New, and White.
Cross-examined by Donovan. There were 13 of you on that night—I was about a yard from you and could identify you—I identified you at Leman Street Police-station on Saturday afternoon at four o'clock—I pointed you out on Friday in the public-house.
Cross-examined by White. I had a good look at you outside a very light public-house—I had seen Donovan once or twice before.
WILLIAM NEW (Detective Sergeant). On 10th January I was in High Street, Whitechapel, just before seven o'clock, and saw Donovan, White, Kaylor, McCarthy, Gibbs, and two other men, standing together outside Webb's public-house—I did not see them again till, in company with Sergeants Thick and White, I arrested Donovan and White in a public house in Fashion Street on Friday week—we took them to the station—afterwards we went to another public-house and arrested Hennessy—Donovan said, in answer to the charge, "I don't belong to that gang; I did not steal the watch; I know nothing about it"—White said, I think, "I don't go with that gang"—Hennessy said "I know nothing about it"—Donovan said nothing to me about having a bad leg—neither White nor Hennessy said anything to me about being in bed at the time—they were put with nine other men on Saturday and identified by Frost—the constable who arrested Hennessy is ill and cannot be here.
Cross-examined by Donovan. I saw your leg afterwards, because I was told you had kicked out, and I found bruises and a bandage on it.
Cross-examined by Hennessy. You were placed with six others to be identified—there were nine altogether.
The Prisoners' Statements before the Magistrate., Donovan says:" I was in bed with a bad leg and neck at the time." White says: " I was in bed at the time." Hennessy says: "I was at home that foggy night."
Witnesses for White.
MARY ANN WHITE . I live at 15, Great Pearl Street, Spitalfields, and am a cigar box paperer—I am White's sister-in-law—you saw me in the London Hospital in the Whitechapel Road at very near 6. 30 by the hospital clock—you left the hospital at 6.20 p.m. on Friday, 10th January, and you went home to your mother, who lives at 75, Bacon Street, Bethnal Green.
Cross-examined. He would go along Cambridge Heath Road to go to his mother's from the hospital—Whitechapel is not the same as High Street, Whitechapel; it is Aldgate way—it would take a quarter of an hour to walk from the hospital to High Street—I don't think it is more than
half a mile—I do not know Webb's public-house—his mother is at work to-day—she knows her son is being tried, and that he was at home on this night—I don't live at the same place as his mother.
Cross-examined. He was at home all day; he helps me with my work—he did not go out.
Donovan in his defence stated that he had a bad leg, and that he could not have committed this robbery.
White stated he had just come out after three months in gaol, and that he was in bed when this occurred.
Hennessys stated that he was at home and knew nothing about it.
DONOVAN and WHITE— GUILTY .
HENNESSY— NOT GUILTY .
Donovan then PLEADED GUILTY** to a conviction of felony in December, 1883, and White to one in October, 1887.— Twelve Months Hard Labour each.
The Court commended Frost's conduct, and awarded him 3l.
356. JAMES GARVEY** (27) to a burglary in the dwelling-house of Edward Champion, and stealing a jacket and other goods, after a conviction of felony in April, 1883.— Twenty Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Thursday, March 1st, and Friday, March 2nd, 1888.
Before Mr. Justice Hawkins.
MESSRS. POLAND and MEAD Prosecuted; MESSRS. CHARLES MATHEWS and RINTOUL appeared for Haskerl, and MESSRS. GRAIN and ERNEST BEARD for Gadd.
SARAH GIBBS . Previous to 6th January last I was in Mrs. Gadd's service for three weeks as general servant at 191, Hammersmith Road—it was a hairdresser's shop—I did not sleep in the house—Mrs. Gadd did and her two children, and I think the old lady, Mrs. Gadd's mother, but I am not sure—the elder child is about five years old—the assistants did not sleep on the premises—I don't know who managed the business—I was hardly ever down in the shop—I was never in the rooms on the first floor—all the rooms I have been in were my kitchen and a little room where the young men used to have their food—sometimes I have seen the old lady go into the first-floor rooms, and once I saw Mr. Haskerl go in—
one day I saw the old lady unlock the bedroom next to my kitchen, the front one, not the one on the first floor—she and Haskerl were the only persons I have seen go into the rooms on the first floor—I don't know at what time the shop was usually shut of an evening—on the night of the fire, Friday, 6th January, I went out with Mrs. Gadd about 20 minutes to 9—the shop was shut up then, but we left the two assistants putting their clothes on, and the little boy; we. took the baby with us—the elder child was at Mr. Haskerl's; I know that, because we went there after the fire was out, and saw the child there; I don't know when he left the house—missis told me about a week before the fire that he was going to some school—as we were leaving the house on the night of the fire Mrs. Gadd said "It is raining, Sarah," and she asked me if I had an umbrella—I said "No, it is upstairs," and I offered to go and get it if she would take the baby—I had it in my arms in the shop—she said "I will run up and get it," and she went up and got it—she was about two or three minutes upstairs—we were both dressed ready to go out, she dressed before me, I had to get the baby ready—she dressed in the bedroom upstairs, next to my kitchen—she said she was going to get some shopping, and I could come with her—I used to leave at all times, sometimes before 9, sometimes after 9—when we left we went out to several shops down Hammersmith; we went as far as the Windsor Castle, to a linen draper's, a good step down the town, about ten minutes or a quarter of an hour's walk from the shop—we then returned—we went into several shops as we were coming back—when we got against the Hammersmith Hospital we heard about a fire—we had then been absent about half or three-quarters of an hour—I don't know from whom we heard about the fire, it was a stranger; I saw signs of a fire, and I said "There is a fire somewhere"—missis said "I hope to goodness it is not near us"—we went nearly against the shop, and saw that it was our shop that was on fire—we did not go in, we took a Hansom and went to Mr. Haskerl's, 35, Heathfield Street, Chiswick—I do not know why we did not go into the shop—a policeman was at the door, we did not speak to him; I don't know whether the door was open, we never went to the door; we went as far as the greengrocer's, three doors off—some young girl said to Mrs. Gadd "Your house is on fire," and she said "Oh dear, oh dear," and then she took the Hansom and drive to Haskerl's—he lived there with his wife—it was a good long way, I never walked it; it took us about a quarter of an hour or 20 minutes in the cab—when we got there the old lady came and answered the door, and we saw Mr. and Mrs. Haskerl, the servant, and the little boy—Mrs. Gadd said to Haskerl "My house is on fire"—he said "What, what?"—she said "My house is on fire," and then he put on his boots and came with us—we went back in the same cab, I sat on missis's lap—there was some conversation in the cab; they spoke in their own language, a foreign language, which I could not understand—I had seen the old lady at the house about 2 o'clock on the day of the fire, not after that—I saw Haskerl there about 2.
Cross-examined by MR. MATHEWS. I do not know whether the prisoners are brother and sister, I think the old lady is Mrs. Gadd's mother, I am not sure, I did not know much about them, I was only there three weeks—there were three assistants, two young men, Germans, and a little boy English—when we went out on this night we left them behind—we went to a great many shops—we returned I saw that the house was on
fire, and I saw a fireman going up the fire-escape; there was a lot of people there—Mrs. Gadd started crying, and said she must go to her brother's—when we got to Haskerl's he had his slippers on, he put on his boots and came with us—I did not see whether the keys were in the doors of the rooms on the first floor, the four doors were always kept locked—I saw the old woman have the key in her hand and unlock the doors—I have never seen them open, only when they were going in or out—when I came down on this evening everything seemed as usual, the things were all right.
Re-examined. I used to go to the house at 8 in the morning—I have seen the old lady there as early as that—once I said to her "You do get up early," and she said "Yes, I get up about 6"—I have sometimes left her in the house when I left at night—I did not actually see her sleeping in the room—I know that Mrs. Gadd and the children lived and slept there—at Christmas Mr. Haskerl had the little boy staying with him several days.
By the JURY. On the night of the fire the assistants were getting ready to go out—the one that was last would close the shop door—it was not usual for Mrs. Gadd to take me out with her when she went shopping-sometimes she would leave the baby with me or the old lady—she sometimes took it with her, not always—I don't know how old it is—I said to Mrs. Gadd "Have you got your key?" and she said "Yes"—the assistants helped to close the shop—I think Mrs. Gadd had the key of the shop.
By the COURT. I don't know where the old lady was when we left—when we went to Haskerl's she was there—I used to leave at all times—sometimes I used to clear up the supper things first; I and the three assistants, the old lady, and Mrs. Gadd used to sup there—generally when I went away I left the old lady in the house—Mrs. Gadd generally let me in in the morning—I did not make the beds.
AUGUSTE KLEIN . I am now living in Church Lane, Hammersmith—I was assistant in the hairdressing shop, 191, Hammersmith Road—Haskerl engaged me about six months before the fire—at first I slept on the premises, on the third floor, at the top—Mrs. Gadd, her mother, the servant, and another assistant named May, also slept there; May slept in the same room with me—he left about eight weeks before the fire, and Herman came in his place, about six weeks before the fire—he did not sleep in the house—the boy Arnold came about eight weeks before the fire, he did not sleep on the premises—the old lady and the first servant slept on the third floor—Mrs. Gadd paid me my wages—she assisted in the business, in the shop—Haskerl generally came about 10, his name was on the shop, not on the private door—he did not always stay all day, he came every day to look after the business, he was manager; he used to assist us in cutting hair and shaving—I was paid 15s. a week at first—about six weeks before the fire Mrs. Gadd said she was going to let the top rooms, and I slept away, and then I was paid 18s. a week—8 o'clock was my time for coming to business in the morning, and my usual time for leaving was half-past 9—that was the time the shop was usually closed—on the Friday, the day of the fire, I saw Haskerl there once in the morning and once in the night, he came about 10 and left about 12; he came again about 1. 30 and went out again; then about 7 he came into the shop and went out again, that was the last time I
saw him at the house that day—before that he had been nearly every day attending to the business—I could not say exactly what part of the premises he went into on the Friday, I only saw him in the shop, I remained there attending to customers—I had my meals at the house; we had dinner at 1, and tea at 5; the assistants and the servant generally had it together, not Mrs. Gadd—I once went into the front room on the first floor; that was about five weeks before the fire, we had our dinner in there; it was only that once, there was a table and a few chairs in the room—I never went into the back room or saw into it—Haskerl had no particular hours for leaving, about 4 or 5, he did not stop after that—I saw Mrs. Gadd about 10 minutes before 9 on the Friday when she left, she was dressed up and said she was going out for shopping—that was not the usual time for closing—the shutters were up, she told Arnold to put them up before she was dressed, because she was going out for shopping—that was about a quarter to 9; she was then in the shop, behind the desk—Arnold put up the shutters—as a rule we used to shut up at half-past 9, and the shutters were not put up before—then she left the shop, went up, and came down dressed ready to go out—I could not say how long she had been away, because I was not in the front shop when she went away—it was about 10 minutes between the time of her telling the boy to put up the shutters and my seeing her dressed ready to go out—I then saw Gibbs, she had the baby—I asked Mrs. Gadd whether I should turn out the gas in the passage, she said no, because she wanted to see, when she came in—I don't know whether anything was done to the gas at the meter, I turned the gas-bracket lower, that was the first one in the passage by the side door—the gas in the shop was put out altogether—I did not see what became of Mrs. Gadd and the servant, they went away, that is all I know—we all left together, Herman, Mrs. Gadd, the servant, and the boy—Herman closed the door—we were all there together—I and Herman went home and then went down to the City, we did not go back to the house—I first heard of the fire next morning at 8, from Arnold—when I left there was nothing wrong with the ceiling of the shop, it was all perfectly right—we did not use benzoline in the business.
Cross-examined by MR. GRAIN. I had been employed by Haskerl 10 months before I was employed by Mrs. Gadd—I left the service; he came to ask me to come back—Mr. Gadd was away; I was told he was in a lunatic asylum—Mrs. Gadd conducted the business in the shop—she gave us orders and paid us our wages—I have never had any disagreement with her—she has never complained of me, only when we came a little late in the morning; she only once complained of that—I cannot remember that she complained of other matters—I have never annoyed her by not obeying her orders or by neglect, only by unpunctuality—there was a bunch of keys in the shop that we locked the door with—on this occasion Herman did not lock the door, only shut it; we had no keys—the shop was open in the morning as a rule when we went—it was not our business to put the gas out when we left—she has complained that we ought to have turned it out—she never complained of our putting towels and other things too near the gaslight so that they got scorched—she once said that we should not hang the towels over the shaving-pot—we light the gas for the shaving-pot, to keep it heated—we never shut up before 9, except on one occasion; that was the day after
Boxing Day—I have never remained with the other assistant after closing-time; I am quite sure of that, except when I had a bath; that would be once or twice, never more—I have seen Mrs. Gadd go out shopping at other times, only on Saturday—she took nearly all the money from customers—we opened at 8—she would be there from 8 till closing-time—she was not there the whole time—she generally took the money—she was the cashier, and as a rule she was there during the whole day—Mrs. Gadd, with the servant and baby, was right in the front when Herman pulled the door to; she was at the door—I saw her standing out in the street, in the road, just in front of the door, and then we went away, and I did not take any notice—she said she was going shopping—she did not say that was the reason she wanted the place closed earlier than usual—I did not say so at the police-court.
Cross-examined by MR. MATHEWS. Haskerl came nearly every day—he had no fixed hour for coming or leaving—on 6th January I only saw him in the front shop—about 7 he just came into the shop and went out again—I am confident that was as late as 7.
ALLMAN HERMAN . I now live at Church Lane, Hammersmith—I am a hairdresser, and was employed at 191, Hammersmith Road—Mr. Haskerl engaged me about seven weeks before the fire—I never slept on the premises—Mrs. Gadd paid me—on the day of the fire I saw Haskerl at the shop—the last time was near 7 in the evening—he had been attending to the business in the day—I saw him there about 10 in the morning and again about 7 in. the shop—I saw him leave the shop—I did not see where he went to—the usual time for closing was half-past 9—on the day of the fire we closed about 10 minutes to 9; the boy closed the shop—I had not heard anything said to him before—the shutters were put up ready for closing—Mrs. Gadd was in the front shop at the counter—she went upstairs to dress; she was upstairs I expect about five minutes—I afterwards saw her downstairs, dressed, ready to go out, and the servant was there with the baby—we went out a few minutes before 9; I was the last—I closed the door—Mrs. Gadd, the servant, and baby were about three or four steps outside—when I left, the shop was in its usual state, and the ceiling all right, as far as I saw—I did not return to the house; I had no key—I used to take my meals in the house—I never went into the rooms on the first floor; I never saw into them—I saw the front room open once, and I saw it was dark in there—that was about the first time I was there, about six weeks before the fire—the room in which we took our meals was a small room on the half—landing—we do not use benzoline for our trade.
Cross-examined by MR. GRAIN. Mrs. Gadd has not very often left the shop at 9, she has sometimes on Saturday; I don't know about the hour exactly—I did not think there was anything peculiar or extraordinary in her leaving at the time she did on this night.
Cross-examined by MR. MATHEWS. I am not quite sure about the hour at which Haskerl left the shop.
Re-examined. It was about half-past 10 that Mrs. Gadd went out shopping on Saturday nights—I am not sure whether she went out on any other than Saturday night—I know she went out sometimes to buy thingsshe did not take the baby with her then—she went out with the servant, but not with the baby, it was usually left in the house—I suppose Mrs. Gadd's mother took care of it then—she was left in the house.
ALBERT ARNOLD . I was an assistant, in the employ of Mrs. Gadd, at 191, Hammersmith Road, between two and three months—I never slept there—as a rule Mrs. Gadd paid me my wages—I saw Mr. Haskerl at the shop on the day of the fire up to about 4—he went away with the carpenter then—there had been a carpenter at work on that day, the witness Heath—I did not see Haskerl again after four—we usually shut up at half-past 9 on a week-night and at 11 on Saturdays—I used to sweep out the shop before I shut up, I did not do so on the night of the fire, I had no reason why; but I was not told to do it—on this night I shut up at two or three minutes to 9—Mrs. Gadd told me to do so; she did not give me any reason—the keys used to hang up on a peg just inside the door, where Mrs. Gadd's counter is—she gave me the keys that night—I used to lock up all the doors on the ground floor, the street door too—they were all on one bunch—when I had locked up I put them back on the counter—we used not to lock one of the front doors; it had a latch, and I pulled it to—sometimes I used to give the keys to Mrs. Gadd at the counter—on the night of the fire Mrs. Gadd started to lock up, and when she had locked some of the doors she gave the keys to me to lock up the rest—I noticed that two keys were missing, one belonging to the front door—three keys fitted two doors—one key unlocked three of the doors; it would open the street door—I locked that door—one key fitted the door which I generally locked—that key would also fit the door leading into the gentlemen's saloon and the one leading into Mrs. Gadd's counter—I don't know what the other key unlocked—those three doors were locked that night, as far as I know, but I never locked them—I did not return the keys to Mrs. Gadd; she had them—I don't know what she did with them—after I gave her the keys I went and turned the gas down—before doing so I heard her tell the servant that it was raining, and ask her if she had an umbrella—I don't know whether it was raining—then we left—I do not know who left last.
Cross-examined by MR. GRAIN. When the business was over I generally locked up the house, not after the assistants had gone—I used to sweep up first—if Mrs. Gadd was at home I took the keys to her—if she was out I would leave the keys and slam the door after me—she had a bunch of keys of her own, upon which was the key of the counter and desk—one of those keys opened the two doors into the street, but after the shutters are pulled down no one can get in at the door.
By the JURY. When I told her the keys were missing she said "Oh, it's all right."
ALFRED NELSON BAKER . I live at 431, Ball Road, Hammersmith, and am an auctioneer's clerk—on Friday night, 6th January, about five minutes to 9, I was in the Hammersmith Road—a 'bus driver called my attention to 191—I saw smoke coming from the first-floor window—a woman came from underneath the arch at the side of the next shop—I went to the back of the house and broke open the door, and got into the shop—I saw a hole in the ceiling, burnt through about 18 inches across, and there was smoke, and some kind of liquid running through on to the matchboard beneath, from what I could judge there might have been between a pint and a pint and a quarter—I did not see what liquid it was—the ceiling was burnt right through—I did not go upstairs—the firemen were not there then—they came about a quarter of an hour afterwards—the room above the hole was at the back of the shop.
FRANCIS WILLIAM BOONE . I am an engineer in the fire brigade, stationed at Brook Green, Hammersmith—on Friday night, 6th January, at 9.25, I received a call to go to 191, Hammersmith Road—I got there at 9.31—the back room, first floor, was on fire—I extinguished it—the room was burnt out; the flames were all round the room—the fire had commenced almost in the centre of the floor—there was an iron bedstead in the room, nothing else—in the front room, first floor, there was a fire under the sofa near the middle of the room, towards the fireplace—there were a number of packing-cases or broken orange-boxes under the sofa—the fire was right along the top of the sofa and along the front of the window—five or six of the flooring-boards had been taken up in the centre of the room—they were not under the sofa—there was no connection whatever between the fire in the front room and the fire in the back—I should say they had been burning for about a quarter of an hour before I got there—there were three bladders in that room—I picked up two; one was empty and one was partly full of oil—these are they (produced)—the police and fire men came, and I left the things in the room.
THOMAS BATEMAN . I am an engineer in the Metropolitan Fire Brigade stationed at Fulham—I got to 191 at 9.45—I saw that the back room was burnt out—there was also fire in the front room—in my judgment the two fires were distinct and separate from each other—the gaspipe on the first floor landing was melted, and the gas was burning in the front room—I saw the orange-boxes and wood about the couch and floor-boards across the room—I saw a bladder with a lamp-wick in it; I set it alight—there was some liquid in it, and it blazed up and burnt away—I could not say what liquid it was—after the fire was put out I saw some liquid on the ceiling between the rafters—I held my light, and it ignited in my face—I picked up another bladder pretty well full of liquid.
DAVID HOBBS . I am an engineer in the Metropolitan Fire Brigade—I got to 191 at 9. 49—I went to the back room where the fire was, also to the front room—they were two separate and distinct fires—the couch was actually burning—I put it out—Bateman showed me a bladder—it was lighted and it blazed up—I tried to put it out by stamping on it, but I was not able—the liquid ran about the floor and gradually burnt out—there were four bladders altogether—some paper was handed to me, and I put it in this box; it had stains on it—it appeared to be some of the same stuff—I took charge of the bladders and paper, and gave them to Sergeant Dyer.
PATRICK CRONIN (Police Inspector). On 23rd December, about a quarter to 7 a.m., I was passing the prisoner's shop, and saw the female prisoner superintending the removal of furniture from 191—there was a horse and van there—I had no conversation with her—I went to the house on the morning following the fire, the 7th January, about 10 a. m., and saw the prisoners there—I said to Mrs. Gadd "Are you insured?"—she said "I am insured in the office up the road"—I then said to Haskerl "Are you the landlord?"—he said "I am Mrs. Gadd's brother; I have insured the furniture, fixtures, and stock, I believe, in the Royal; the receipt is at my house, 35, Heathfield Gardens"—they then went to the police-station with me—they were not taken into custody then—I took Haskerl's name and address there—they were both
detained there pending inquiries—I then went with Chief Inspector Morgan to 35, Heathfield Gardens—I saw his wife there—she gave me these two documents, a letter, an envelope, and a receipt. (The letter was from Mr. Owen, manager of the Law Courts branch of the Royal Insurance Office, 33, Chancery Lane, to F. Haskerl, 191, Hammersmith Road, acknowledging a cheque for 1l. 10s., on account of premium on policy, No. 2,753,349, for 980l., and stating, "We shall make inspection of the premises in due course. "The receipt stated that the property should be held secured, in virtue of the sum deposited, for 30 days or till notice was given.) I then returned to the station, and told the prisoners that they would be charged with feloniously setting fire to the premises known as 191, Hammersmith Road, with intent to cheat and defraud—Gadd made no reply—Haskerl said "Tell my wife she is not to be afraid; I am totally innocent of the affair, and know nothing at all about it"—some small keys were found on Haskerl; I did not find them—Gadd put them on the desk in my presence—the prisoners were taken before the Magistrate on Monday, the 9th, and admitted to bail—I visited the premises on the Saturday—the till was intact at that time—it did not appear to have been tampered with at all—there was 8 1/2 d. in it—on 17th February, whilst the prisoners were out on bail, Mrs. Gadd came to the station and saw me—between the time she was taken into custody and that time I had frequently seen her, and she had opportunities of speaking to me—on the 17th she said she had left some money in the till at 191—I told her I was unable to go with her then, but I would go with her the following morning—I did go, and in the presence of the two prisoners I unlocked the drawer, and there was only the 8 1/2 d. in it—Mrs. Gadd then said there was 28l. in a little canvas bag in the drawer—Haskerl asked me to make some inquiry into it and let him know the result on the following Wednesday—he promised to come to the station to hear the result, but he did not keep the appointment, and I have not heard anything about the money since—I made inquiries, but have been unable to ascertain anything respecting the money—before the 18th February neither of the prisoners had spoken to me with regard to the 28l. or any money being in the till—on 6'th January I received this box and its contents from Dyer and the fluid which is now in this bottle, and I gave them to Dr. Dupre.
Cross-examined by MR. GRAIN. Mrs. Gadd had been inquiring for the keys before she spoke about the money, but had said nothing about money then—she did not say for what purpose, she wanted the keys—I did not hear her say that somebody must have another key—one bunch was found upon her by the female searcher, and one bunch was taken from the house—I did not try whether the latchkey fitted one of the street doors—I am quite sure that the words Gadd used were "Iam insured," not "I used to be insured"—I understood her to say "I am insured."
AUGUSTE DUPRE . I am professor of chemistry to the Westminster Hospital—I have had a large experience in explosive substances—on 17th January Inspector Cronin brought me a box containing three bladders, two empty and one partly full, containing 8 oz. of what is known as benzoline or petroleum spirit, and about half an ounce of water—it was tied up with a piece of narrow wick—if set light to, it would not burn down to the bladder—it was only tied outside—I smelt the empty ones, but. being
tied together with the full bladder, I did not attach any importance to that—they did smell of benzoline—the paper was stained; I can't say what with—benzoline is a very inflammable substance; it gives out inflammable vapour at ordinary temperature—it is more like a spirit than oil; it is thinner than oil—it is the volatile part of petroleum oil—if used intentionally to set fire to anything it would blaze, even without a light being actually applied to it; it gives out vapour which takes fire—it is a stuff the traffic of which is under special regulations-this in the bottle is the remnant, which I did not use in the examination—the bladders are about the same size.
EDWARD JOHN LYNES . I live at 103, Hammersmith Road, and am agent to the Phoenix Insurance Office—on 29th January, 1886, I had a proposal of insurance from Mr. Gadd, of 191, Hammersmith Road—that is about six or seven minutes' walk from my place—a policy was issued about three weeks afterwards—this (produced) is a copy of it—I took down the particulars of proposal from Mr. Gadd and produce them—the policy was sent through me—this is the policy I sent. (Inspector Cronin proved service of the notice to produce the policy.) The insurance was for 200l. on stock and utensils in trade, and 200l. on household goods—it is in existence up to Lady Day this year—Mrs. Gadd sent the last premium.
Cross-examined by MR. GRAIN. It was paid on 4th April, and the receipt was sent to him—he himself insured with me—I heard that he was in some pecuniary difficulty last year, and that his goods were seized and sold by the Sheriff—we acknowledge nobody but Mr. Gadd—in case of any question arising I should refer to the head office.
JOHN H. OWENS . I am manager of the Law Courts branch of the Royal Insurance Company, Chancery Lane—I had a proposal from Haskerl, to insure the effects at 191, Hammersmith Road, for 980l.—the two papers produced are a letter sent to me of 31st October, and a receipt for 30s.—this (produced) is a policy issued to Haskerl for his previous premises that he occupied in Ball Road—he wished for a new policy for 980l. for 191—I received this letter from him as to the mode in which the amount was to be divided, 200l. on household furniture, and 350l. on trade fixtures—it was in consequence of that I sent the receipt—I did not receive the instructions personally from Haskerl, I received them through this letter, apparently coming from him—Mr. Gunlett, surveyor, had in due course to go and report—the policy was never made out—I was never applied to for it, or for the return of the money—I made no communication to Haskerl that the insurance was declined.
Cross-examined by MR. MATHEWS. I made no communication what ever to him—the receipt of 31st October is for a deposit on a premium for a temporary insurance up to survey, or until notice that the proposal' is declined.
FRANK JAMES GIMLETT . I am surveyor to the Royal Insurance Office—on 10th November I went to 191, Hammersmith Road, to see the contents of the premises—I knew the amount of the proposed insurance—I looked at the trade stock and valued at from 35l. to 40l.—I did not see the upstairs rooms, they were locked, I was not allowed to see them—I only saw the ground floor and basement—the value of what I saw there was about 180l. to 200l. in my opinion to an incoming tenant—I reported to my principals, and the policy was never issued.
Cross-examined by MR. MATHEWS. I did not go minutely into the
things; it is not our custom—there was the necessary amount of furniture to conduct the business.
ALGERNON RITCHIE . I am clerk to Messrs. Furber, Price, and Furber, auctioneers—on Friday, 30th September, 1887, they conducted a sale at 191, Hammersmith Road, on behalf of the Sheriff—it was the stock, fixtures, and fittings of a hairdresser's saloon, and a few lots of household furniture, it realised about 60l.—I understood that the fixtures were bought by a man named Marchmont, I know that some of them remained on the premises.
Cross-examined by MR. MATHEWS. There was a claim made by Mrs. Haskerl for a few things in a room on the top floor, not of any value, certainly not above 10l.—the claim was acceded to by the Sheriff, and they were not sold with the rest of the things, they were left on the premises.
LOUIS W. B. NUTTING . I am a solicitor, and am with a firm in Lincoln's Inn—We were solicitors to the mortgagees who were the landlords of 191, Hammersmith Road—that was formerly let to Mr. Gadd; Haskerl afterwards became the tenant on 12th October, 1887, at 100l. a year—I have the counterpart agreement—it was for a year, but to go out on a month's notice—I believe this is Haskerl's signature to the counterpart, it is a surrender, I attested it.
Cross-examined by MR. MATHEWS. I heard of the misfortune that happened to Mr. Gadd—I saw him two or three times—I believe he was unfortunate in his money matters, and his mind gave way, and he went into confinement, I believe; I do not know it myself—I was told at the time that Haskerl was keeping this business on for his sister, Mrs. Gadd.
HENRY ELTON . I am a greengrocer at Chiswick—I remove furniture—on 22nd December last I received instructions from Haskerl to remove some furniture from 191, Hammersmith Road—I was to go there at a quarter to 6—I removed the goods in a one-horse van—Haskerl superintended and Mrs. Gadd also—I took them to 41, Albert Terrace, Swanslead Road.
Cross-examined by MR. MATHEWS. I understood from Haskerl that the furniture belonged to his mother—she was living at 41, Swanslead Road, and the furniture was to be taken there for her use—it was about 7 when we started from Hammersmith.
JAMES JOSEPH RAYNER GREEN . I am a house agent—on 3rd December Haskerl came to me, and wanted to take a house, 41, Swanslead Road, Chiswick—he agreed verbally, and paid a week's rent, 9s., in advance—I have received seven weeks' rent from him—the house was empty on 26th December—I noticed that the blinds were up—I had been to the house before that, but could not gain admission.
Cross-examined by MR. MATHEWS. He told me he wanted the house for his mother—Swanslead Road is about half a mile from Heathfield Gardens.
EDWARD ERNEST HARDING . I am a member of the firm of Toplis and Harding, 16, St. Paul's Churchyard—I am a valuer—on 7th January, the day after the fire, I went to 191, Hammersmith Road, and to k an inventory of the value of each item—the furniture I valued at 19l. 12s.—the trade fittings and fixtures I valued as for an incoming tenan—altogether I valued at 179l., both in the basement and shop.
Road, Hammersmith—on 15th January I went to 191 to value the stock in trade there—in my judgment it was worth 32l.
AUGUSTE KLEIN (Re-examined). Shortly before 6th January I heard something said by Mrs. Gadd about the possible return of her husband.
Several witnesses deposed to the good character of the prisoners.
GUILTY . — Six Years' Penal Servitude each.
NEW COURT.—Thursday, March 1st, 1888.
Before Mr. Recorder.
MR. FRITH Prosecuted; MR. GEOGHEGAN Defended. R EV. JOSEPH S. HILLIARD. I am vicar of Christ Church, Ealing, and chairman of the Burial Board—the prisoner was elected clerk to the Board, and signed this agreement (produced) in my presence on January 4th, 1884—among other duties he had to keep a register of graves and to receive all applications for graves, receive money, give receipts, keep the accounts, and pay all money weekly into the London and County Bank, for which purpose a receipt-book was supplied to him by the Board, and when he wanted a new one he had to report to the Board—the counterfoil would correspond with the body of the receipt, and from the counterfoil he would enter into the cash-book the amount he received—this banking account is in his writing, and also this cash-book, and so are the counterfoils in this receipt-book—he was discharged last November on other charges—these were not known then—when the books were made up, the auditors saw the counterfoils and the entries in the cash book, and they corresponded entirely—it was not known that receipts had been given for larger amounts.
Cross-examined. I have been a member of the Burial Board since 1869—the prisoners predecessor was Mr. Sondy—anybody occupying the prisoner's position had to get a guarantee from the Guarantee Society—our auditors are not paid; they are appointed by the Vestry—his predecessor was dismissed for inaccuracy in keeping accounts—he was not 70l. short—I can't tell whether it was 50l., as the auditors only investigated two years—we did not prosecute him because his books had been kept by three or four different people—we could not make head or tail of it—we were out of pocket by it—he had not a guarantee—the Vestry gave him a pension before it was known, and I took no steps to cancel it—we have applied to the Guarantee Society in the prisoners case—he paid them the premium—all the accusations against the prisoner are for taking more 'money than he has accounted for—some of them are for freehold graves, not all of them—one is a charge for a stone, but these charges are all for freeholds—we were never asked for a conveyance for a freehold till three months ago—we first ascertained that the prisoner was a defaulter three weeks or a month back—I don't know the names of the auditors—the clerk to the Board has a list of the officers—the prisoner was dismissed for doing certain work and putting the money in his own pocket—I cannot tell whether he worked out of time—we always had the vouchers—the counterfoils of the receipts were in the prisoner's writing—I never took the trouble to see whether the counterfoil and the receipt agreed—the
prisoner also kept a register of the names and where a body is; I believe it is here.
Re-examined. When we found a counterfoil in our clerk's writing, it was not usual to write to persons all over London—he was guaranteed for 100l.—that will not cover his defalcations; we have applied to the society, but we can only recover a year and a half—Mr. Sandy was quite broken down; he did not keep the books himself, three or four people kept them—the prisoner kept his books—Mr. Dean and Mr. M'Marne were the auditors—this is a parish cemetery of eight acres, it was opened in 1861—I should know the price paid for a grave in perpetuity—2l. 2s. would be the price for a parishioner, and when I saw 2l. 2s. down in the counter foil it would be assumed that it was a parishioner's grave, but being a non-parishioner's it was 6l. 6s.—being entered at 2l. 2s. made me believe it was a parishioner's grave.
CHARLES WILSIIIRE . I am clerk to the Ealing Burial Board—I produce the counterfoil receipt-book and cash-book, and the prisoner's private memorandum-book of payments into the bank, and the weekly banking book—I have been carefully through them all, and have compared the entries one with the other, and they all three agree—the entry on the counterfoil receipt of April 11th, 1887, is Mrs. Slaymaker, 2l. 2s., and the cash-book is 2l. 2s.—he has entered that he received it on the 11th—I do not know his writing—on April 7th he has put down 2l. 11s. 6d. as received from Mrs. Gale, and the cash-book is the same—7l. 3s. would be the charge to a non-parishioner;—1l. 10s. is entered in the receipt-book from Benjamin Myring, and it is the same in the cash-book—on October 15th, 11s. is put down as received from George William Reeves, 11s. would be the charge for an ordinary grave, not for a parishioner, and the cash-book has 11s.—he had to keep a register of graves, a cash-book, and a receipt book.
Cross-examined. In addition to that he had to make up the weekly account and send it in to the bank on these slips—until I filled in the 2l. 2s. there was nothing to show that J. Slaymaker was a parishioner, because the price of the grave was left blank—I kept that book—my accounts have not been audited—I don't know whether it was the auditor's duty to ask for this book—the prisoner did not call on me and say that he had heard something was up, and offer to go through the books with me, nor did he ask me to let him look at the books—he has never had an opportunity of going through them with me.
By the COURT. I asked him to make entries in the case of Annie Elizabeth Gale, on 7th April, and I filled in the amount which he had received—I did not fill in anything in the case of Benjamin Myring on May 7th in the book, nor did I make any alteration in the case of George William Reeves; the entry is 11s., there is no 2l. 8s. there—it was his business to make the entries so as to make the Board know whether the persons were parishioners or not—they could not find out by the book that the person had paid a perpetuity fee, and not only 2l. 2s.
ANNIE ELIZABETH GALE . I live at Kew—on 6th or 7th April I went to the cemetery and selected a grave—I saw the prisoner there, and a day or two afterwards I paid his wife the fees, and she gave me the receipt.
BENJAMIN MYRING . I am a builder and undertaker, of Broadway, Ealing—on 7th May I carried out the interment of Mr. Sanderson, a non-parishioner—I paid the prisoner the fees, and he gave me this receipt.
GEORGE WILLIAM REEVES I am an undertaker, of 300, High Street; Brentford—in October I carried out the funeral of Mrs. Cox, a parishioner, in a perpetuity grave—I paid 2l. 2s. for the grave, and 6s. for the clergyman—the prisoner handed me this receipt.
Cross-examined. He is the licensed holder of the house—it is a beerhouse—before the Justices grant a licence, they are satisfied of the man's good character.
GUILTY — Twelve Months' Hard Labour.
MR. FULTON Prosecuted; MR. BROWN Defended.
WILLIAM KINSALL . I am an upholsterer, of Landport, Portsmouth—in September last I owed Messrs. Ladbury an Co 11l. 19s. 6d., which I paid to the prisoner, their traveler, by this cheque (produced), on September 5th, to the order of Ledbury and Co.—it purports to be endorsed by them—he gave me this receipt—there was a deduction for a piece of velvet which was sent back.
Cross-examined. I have had a good many transactions with the prisoner—he has sold me a variety of things at different times, and I believe they have always been paid for by cheque. THOMAS TOWNSEND DEAN. I am an upholsterer and warehouseman at 71, Hackney Road, in the name of Ledbury and Cp.—the prisoner was my traveler at a weekly salary of 3l. and 1l. a day traveling expenses—his duty when traveling was to remit the notes and cheques daily, and send a cash report, retaining only the gold and silver—he commenced a journey of September 5th, and sent up this report, "Cash in hand, 3l. which I gave him to start with—on the 6th he sent this report means 3l. which I gave him to start with—on the 6th he sent this report—on the 7th there was no report—there ware reports on the 8th and 9th—he says here "Notes and bills"—he sent me up the cheques of customers—he had no authority to endorse my name to any cheque—by the report of September 9th he had 9l. 4s. 3d. in cach to account for, and he did so—the endorsement to this cheque, "Ledbury and Co," (produced), was not made by me or by my authority—it is the prisoner's writing—it was never paid to my credit—I ascertained in November of December that he had received it, and sent out a statement to see if there were any more—the summons was originally issued for embezzlement—this is his weekly statement of business done for the week ending September 10th, and his discount should have been entered in the second column as received—Mr.Limpanny, a customer, owed me 4l. 14s. 6d. in July, and I found this outstanding when the prisoner left—the endorsement on this cheque (produced) is his—it has never been credited to me—it is for 4l. 10s., as there was 2 1/2 per cent. discount—my bankers are the London and County, Shoreditch branch.
Cross-examined. I had no character with him—he remained in my service
two and a half years—he lives near me—he is now in Mr. Greenwood's employ—we all three carry on business in Shoreditch—I examined each sheet carefully at the end of each week—the last column is "Amount unpaid and reason why"—did not I inquire of him why he did not fill up that column—it was only used occasionally, and he was not accustomed to make use of it—I gave him 3l. when he started, for three days' expenses, and he was away six days, but he did not apply for more—Kinsall generally paid by cheque; I have endorsed his cheques—I paid the prisoner 10 per cent, commission on the net profits at the end of the year, after deducting all the costs of carrying on my business—he had his full salary, but I have not paid him any commission; none is due—there is no commission on his share—he did not introduce business with the Queensland Government, but he brought me into contact with their officer here, Mr. Almond—the prisoner brought me an advertisement asking for estimates of the New Zealand Government, and I sent him to their office, but the contract was not entered into through him in the first instance—I have not got the whole contract into my hands now through his going down there; there is no contract—I did supply the goods—there is not a greater sum due from me to the prisoner—the business he did for us in the country last year was about 400l., and the net profit on that, as shown by the stocktaking, would be about 12 or 13 per cent.; that is not after deducting expenses—that is the first profit, and it was the same the year before—I did not carry on that large business for two or three years at a loss—the town business was more successful—Badger had a little to do with it; he filled up his spare time—here is the profit and loss account for the years 1885 and 1886—there is a loss of 18l. 19s. 6d.—I have not deducted against the country accounts all the expenses of the town establishment, but a proportion only, pro rata—in the next year there was a loss of 13l. 14s. 4d.—these accounts were made up immediately after Badger left, but they were gone through before he left, by Mr. Lock, an old servant, who died last March—they were not gone through year by year—I cannot trace by my pass-book any cheque of Kinsall's which has passed through my account—there was one cheque paid in, and if there were a dozen they would be all lumped as country cheques—the only sum received from Mr. Kinsall in June was 2l. 4s. 9d., and I cannot say whether that was by cheque or cash.
Re-examined. The prisoner started with 3l. and was away six days—he was entitled to 6l.—he received 9l. 4s. 3d., and accounted to me for the difference.
By the COURT. I found out early in June that the cheque for 4l. 10s. had been endorsed by the prisoner—that was after he left my service—I never noticed it and allowed it.
The prisoner received a good character.
GUILTY. Strongly recommended to mercy by the prosecutor and Jury. — Nine Months' Hard Labour.
THIRD COURT—Thursday, March 1st, 1888.
Before Mr. Common Serjeant.
MESSRS. F. FULTON and MUIR Prosecuted; MR. H. AVORY Defended.
CHARLES THORLEY . I live at 7, Mountford Road, Clapton, and am town collector to the Jeyes Sanitary Company, Limited, Cannon Street—I have been about five years with them—the prisoner was their secretary—it was my duty to collect moneys owing to the Company, and to pay them over to the prisoner weekly—I entered the items collected upon a sheet of paper, and when I paid the money to the prisoner he should have initialled that sheet, but he always initialled my book—I also had a book in which the total amount was placed without the items—he used also to initial that—that is called the collector's receipt-book—for the week ending 16th July I had 4l. 3s. in hand collected on behalf of the Company—this (produced) is the sheet for that week—I handed over the sum there represented to the prisoner and these are his initials to this sheet—this is the collector's receipt-book, these are also his initials to that—that receipt clears me—it was my duty when I handed the prisoner the money to also hand him the sheet, what he did with it afterwards I don't know—on 6th August I had in hand 4l. 8s. 6d., which I handed over to the prisoner with this cash-sheet (produced), and he initialled it as it now appears "L. H."—I also handed him my collector's receipt-book, and he initialled that—I don't know whether I paid it in cash or notes.
Cross-examined. He was sitting at the desk in the office when I paid him—I think the cash-box was kept in the safe—I don't think there was a cash-drawer there—I have seen him put money in the cash-box, but I cannot say he did so on this particular day—I was in the old Company before it went into liquidation; the prisoner engaged me and paid me my wages and commission—he settled that up as often as I asked for it, sometimes weekly, sometimes fortnightly—he paid me latterly by cheques on the Cheque Bank—until then he had paid me in cash—I cannot say that it was his business as secretary to pay all the salaries; I had mine always from him—you can fill cheques in on the Cheque Bank to any amount, and you can fill them in for anything less—I never cashed these Cheque Bank cheques in the office, always at the Cheque Bank.
Re-examined. Cheque Bank cheques are for fixed amounts, but they can be entered for a less amount—I don't know that the bank, though they debit you with the full amount, credit you with the less amount afterwards.
EDWARD RESSENE FRICKER . I am clerk and cashier to the prosecuting Company, and act under the directions and orders of Hakeman, the secretary—the practice of the Company was for the collectors and travellers to pay their amounts in the first instance to the prisoner—it would be no part of my duty to receive the sums mentioned on the two sheets, they would be paid to the prisoner—it was my duty at the end of the day, to pay into the bank the moneys received in the course of that day—I keep the cash-book partly, and partly the prisoner—this (produced) is the Company's cash-book—the entries there under the date of 16th July are in Mr. Hakeman's writing—I know his writing—the sums on sheet "A" are all entered in here in detail; they are 14s. 1d., 7s., 11s. 9d. 8s., 17s. 3d. and 1l. 5s.—the entries in here on 6th August are in my writing, they were made from the sheet which is now before me, under Mr. Hake-man's direction—I have entered there the amounts, item for item, as
having been duly received, at 4l. 8s. 6d.—very likely these amounts would not be received before 2 o'clock on Saturday, and if they were they would not always go in until the first thing on Monday morning—within a day or two of these entries I drew the prisoner's attention to these amounts being outstanding, and said "There is Thorley's amount not paid in," mentioning the amount; he said "Very well, I will pay it in"—it was my duty, amongst other things, to draw up the weekly reports which are submitted to the directors, showing the financial condition of the Company—I mostly paid the money into the bank—it was the practice to enter on the banker's paying in slip the amounts referring to each matter for the purpose of making up the books—I have gone through the whole of the counterfoils of the banker's paying in slips from 16th July, and am able to say that no such sums as were spoken to by the witness Thorley were ever paid into the bank, if they had they would have been recorded on these paying in slips—the weekly report would show the amount of money balance at the bank, and also the number of cheques outstanding which had not come back to the bank to be paid—the practice from December 3rd was for me to make the draft report, and for the prisoner to make a fair copy of it, which he submitted to the directors—before that date I made both of them; I first made a rough copy, and then a fair copy, and submitted it to the directors—this (produced) is my rough draft report of the financial condition of the Company on December 3rd—it shows a balance at the bank of 781l. 18s. 9d., less cheques outstanding 380l. 4s. 5d., leaving a balance of 401l. 14s. 4d.—the fair copy is entered in the "Report-book"—the fair copy of that date is in the prisoner's writing—the balance at the bank is correctly entered there at 781l. 18s. 9d.—the bank pass-book would have to be produced at the directors' meeting—the cheques outstanding on the rough report amount to 380l. 14s. 5d., but they are entered here at 309l. 14s. 9d.—there is no alteration in the book—when I conducted this matter, the report book was a copy of the rough report—the effect of it is to make it appear as if the balance is 472l. instead of 401l. 14s. 4d., as it really is—I have been with the Company three years, and I had been doing the report-book from the commencement of the new Company in November, 1885—he gave me no-reason why he was to make the report which was to go before the directors, and not me—he simply took me away from doing it and gave me something else to do—I had not begun the report then—I had extra duties to discharge on 3rd December, I cannot say what they were—December 3rd was a Saturday, and on the Thursday morning following this report would be made out, but I had something else to do then, and I could not make it out as I usually did—the prisoner had given me this something else to do—I continued from 3rd December till the prisoner was discharged from the Company's service, to make up the rough report of which that book ought to be a copy—I have gone through all the reports week for week, and find that they are different in the amounts—for instance, in my report the amount outstanding in cheques is 380l. 4s. 5d. but in his report it is 309l. 14s. 9d.—the difference is made up by lessening the amount alleged to be outstanding—on 10th December the balance at the bank on my report is 568l. 17s. 6d., less cheques outstanding 538l. 0s. 4d., making a difference of 30l. 17s. 2d., and in the report in the prisoner's writing the balance at the bank is the same, but the cheques appear as 505l. 16s. 8d., showing a balance of
63l. 0s. 10d.—on December 17th, in my report the balance at the bank is 210l. 13s. 10d., less cheques 78l. 16s. 2d., balance 131l. 17s. 8d.; and in the prisoner's report the balance at the bank is the same, but making a balance altogether of 185l. 18s. 2d.—on 24th December, in my report, the balance at the bank is 554l. 17s. 9d., less cheques 367l. 19s. 10d., balance 186l. 17s. 11d.; and in the prisoner's report the balance at the bank is the same, but the less cheques amount is 297l. 4s. 2d., with a balance of 257l. 3s. 7d—on December 31st, in my report the balance at the bank is 346l. 8s., less cheques 171l. 14s. 10d., balance 174l. 13s. 2d.; in the prisoner's report, the balance at the bank is the same, but the less cheques are 106l. 1s. 10d., making a balance of 240l. 6s. 2d.—on January 7th, in my report the balance at the bank is 349l. 11s. 8d., less cheques 129l. 9s. 3d., showing a balance of 220l. 2s. 5d., and in the prisoner's report the balance at the bank is the same, but the less cheques are shown at 7?l. 2s. 8d., making a balance of 270l. 9s.—on January 14th, my report shows a balance at the bank of 377l. 7s. 4d., less cheques 98l. 11s. 9d., making a balance of 278l. 15s. 7d., and in the prisoner's report book the balance at the bank is the same, but the less cheques appear as 30l. 8s. 9d„ showing a balance of 346l. 8s. 5d.—the prisoner was discharged on 21st January—I have been through the books of the Company, and through these reports up to 14th January, and find that the cash deficiency is 70l. 5s. 8d.—these rough reports are accurate representations of the state of the accounts—the prisoner never said anything to me about these rough reports not being accurate representations of the state of the books—I had not the slightest idea that the reports which were being sent up by him were different from those which I had drawn up from the books—the first time my attention was drawn to it was when the first report was made up after the secretary had left, after 21st January.
Cross-examined. I cannot say that I have never made a mistake, every one is liable to mistakes—the object of the draft report was not to make any corrections, if necessary, it was to keep a record in detail of exactly how the books stood—the report itself does not keep a record in such detail—every week there appears in the report an item called "Add cheques not yet credited"—the report ought in the result to agree with the cash book—the defendant practically had the management of the business and paid all the clerks their salaries and commissions—I was paid by Cheque Bank cheques; that has been the practice ever since the Cheque Bank was opened—I don't remember when that was, it might be a year or eighteen months ago—I always received my cheque on Saturday about 1. 30—I did not always go to the bank and get it cashed, I sometimes cashed it in the office; I used to simply put the cheque in my cashbook and take money to that amount—many other employes would occasionally get their cheques cashed in the same way—it was part of my duty to make petty cash disbursements, and the prisoner's also—we did not make the disbursements together, we had separate books—I and he were the only ones who made petty cash disbursements—my disbursements would amount to perhaps 6l. or 12l. a week, roughly speaking, about 5l. on the average, his would be a great deal more—the petty cash disbursements would not amount together to 200l. a month, it might be 150l.—I got the petty cash from him—up to July, 1887, he gave it to me as 1 wanted it—I would go to him and he would give it to me in Cheque
Bank cheques—after July, 1887, he stopped giving me cash and I used it from one of my cash boxes, the one containing receipts—I cannot say how long I did that—I never received any money from the prisoner for petty cash for two months after July—then after September he began again to give me money for disbursements—I cannot tell how much I expended in petty cash disbursements from July to September, but it would be a little over the average—some special work was going on at the time—I should say I expended 50l. at least during that time, perhaps more; July and August are two of our busiest months—it was my duty to pay moneys into the bank; I did not always do it, Mr. Hakemann did, nobody else—sometimes Mr. Hakemann made out the paying slips, and sometimes I did, but the majority of them I think I did—all these amounts which he is charged with embezzling are entered in their proper places in the cash book; he made no concealment from me that he had received them—he told me to enter one amount and he entered the other—when I called his attention to the fact that the amounts had not been paid in, he said "Very well, I will pay it in," or words to that effect—whether he said "I shall have to pay it in," or "I will pay it in, "Idon't remember—he was away in January for two days; I did not know where he had gone to—I never heard until several weeks after he had left—I cannot form any idea as to the actual amount of cash that passed through mine and the defendant's hands in a year; I should not say so much as 100,000l.—you can get it from the cash book—I only in one case left a blank in the draft report to be filled in afterwards, and that was goods receivable—I did not keep the bills receivable book, but that would have no effect on the report itself—I made out the report of the 21st January, 1888, but I did not copy it at all, I was too busy—the report was made out in the ordinary form, and all the amounts left blank—that was after the defendant had left, and when all the books were in confusion—I think our sales amount to more than 12,000l. a year.
Re-examined. On 21st January the differences between my report and the report-book had not been discovered—the account at the Cheque Bank was opened by the Company with the express purpose of dealing with petty cash—between July and September I did not receive from him a single cheque upon the Cheque Bank, or, if so, it was a cheque of no great amount—he never gave me any reason why he did not give me a cheque—he kept saying "I must give you a cheque," but I never got it—this book is in the prisoner's writing and is kept by him—it purports to show the cheques drawn and the money paid into the Cheque Bank—it appears from this that cheques have been regularly drawn week by week between July and September, as if they had been drawn in the ordinary course of business and used as petty cash—I mean to say that these entries representing these cheques were given to me—nobody but myself pays this particular petty cash—I pay for postage and smaller amounts—I don't believe I got a cheque from him on the Cheque Bank from July to September—the second cash-box I have is for accounts I have received—these petty cash payments would not be credited in the reports; they would be given on a slip of paper to Mr. Hakemann, and they would come into this other petty cash book, and would be balanced by a cheque on the Cheque Bank, which would come into the "less cheques not presented" or either in the cash balance—Thorley's duty was to hand that report to Mr.
Hakemann, and he handed it out to the outer office, and it was filed away with other documents.
HUGH WALKER TULLOCK . I am a merchant, of 185, Gracechurch Street, and am managing director of Jeyes Sanitary Compound Company—the prisoner was secretary at 4l. a week—there had been an old Company, which had gone into liquidation, and this is the new Company—the prisoner had been secretary to the old Company and we took him on—until these matters were brought under my notice I had every confidence in him, and he was a trusted servant of the Company—it was his duty to receive moneys from the various collectors and hand them over to Fricker, for the purpose of paying them in to the account—I find that the two amounts spoken to by Thorley have never been paid in—in the second week in January the prisoner absented himself from the Company's place of business for two days—he had not asked permission to leave—the business is carried on in Cannon Street—it is part of my duty to be there almost every day—another managing director, Thomas Brown, of Monk, Brown, and Co., of Wood Street, attends almost every day to look after matters; be is not bound to be there—I have my own business to attend to as well—in our absence the prisoner would represent the Company—he returned after two days' absence—I was laid up at the time he was away—he had to leave in consequence of his absence without leave—at that time we believed the accounts to be perfectly in order—the people the prisoner bad engaged with, Messrs. Morris, Little, and Son, of Doncaster, manufacturers of sheep dip, applied to us for his character, and I wrote and said we had nothing whatever to say against his honesty and integrity—I cannot say if he got the situation—he was dismissed by us summarily on Thursday, the 19th, and on Saturday, the 21st, we got the first suspicion with regard to the books and the reports, and so on—on Friday, the 20th, we wrote to Messrs. Morris, Little, and Co., giving him a character for honesty and integrity—petty cash was kept by the prisoner in the office, and petty cash was kept by Fricker for minor disbursements—Fricker would get his petty cash from the prisoner, who would get that and his own petty cash from cheques drawn by the directors in favour of the Cheque Bank—those cheques would be paid into the account at the Cheque Bank, and then in all cases disbursements would be made by the prisoner by a Cheque Bank cheque, whether the amounts were large or small—the Cheque Bank account was started by us so that there need be no cash in the office except what was required for petty minor disbursements—I was not aware at the time that between July and September no Cheque Bank cheques for petty cash were ever given to Fricker by the prisoner—I believed the reports between September 3rd and the close of his career there accurately represented the financial condition of the Company—since his departure I have been through the books, and I find a deficiency of 70l. 5s. 8d—I have not gone further than the end of last year—there is a further deficiency in the petty cash book—this is the prisoner's Cheque Bank account for petty cash—this book purports to represent the actual condition of the account of the Company with the Cheque Bank—the credit side purports to be the cheques drawn out by the secretary for business purposes, and the debit the amounts paid into the bank—these small items purport to be the exact weekly amounts of the office petty cash, supposed to be paid by the prisoner from the Cheque Bank week by week to Fricker, and those amounts correspond to the weekly
office petty cash amounts in Flicker's books—those amounts appear in Flicker's books—Fricker, being without cash for office minor cash disbursements, would with the prisoner's knowledge take cash receipts which came into the office for trade accounts, and utilise those for petty cash which the prisoner at the same time would be drawing out—that is the way the 70l. 5s. 8d. comes about—all through July, August, September, October November, December, and January, he was drawing from me cheques to be paid into the Cheque Bank for this purpose—those cheques were signed at Board meetings—that goes on up to the time of his dismissal—the amounts in the second cash-box were cash receipts paid into the office direct for petty sales instead of to a collector—I had no suspicion of these till I went through the books and discovered it on the day after he left—we found on inquiry that the balance at the bank was 20l. or 30l. less than appeared in his book—the balance in the book when he left was 40l. 10s. 2d.
Cross-examined. I was absent on the 9th and 10th January when the prisoner went to Doncaster—I was laid up in bed—I know now that he went there to get the other situation—he wrote a letter to Mr. Brown on the Saturday before he went saying he would be away—he was secretary of the Company, and in charge of the Company's business—he upset other arrangements which Mr. Brown had made; that was not why he was dismissed—Mr. Brown would not get the letter till the Monday morning, and therefore practically he gave no notice—he gave notice on the Saturday that he would be away on the Monday—we had been for some time dissatisfied with the prisoner, and had negotiations with some other person in view prior to the prisoner's going to Doncaster—I don't know that the prisoner knew it—I personally had advertised; the Company had not—I had no suspicion whatever of his honesty up to this time—I had advertised before November for another secretary—he told us afterwards he had been to see Messrs. Morris, Little, and Co., about a situation—he did not then give me three months' notice to leave—I believe he gave the Company notice; it is on the minutes, but it is the subject of dispute—on 12th January, as I am informed, he told the directors who were present that he expected to get a situation with Morris and Little's, but they did not wish him to leave under three months—he did not give notice to leave, but he entered this on the minute book: "The secretary gave three months' notice of his intention to leave the service of the Company," that minute was read over at the next meeting, and objected to as not having taken place—I don't know if the directors did not want him to leave—he said the people he was going to did not wish him to leave for three months—our directors did not understand that as a notice to leave—our point is that he did not give formal notice, although he told us he had another situation—if Fricker had to make a disbursement in the office of 2s. or 2s. 2d., he would pay it out of the cash he kept in cash—the prisoner ought to have given him a lump sum at the beginning of the week to start with, and if in the middle of the week Fricker wanted more he would give him a Cheque Bank cheque, within 1l. or 2l. of the amount of Fricker's disbursements—I never heard of Fricker 8 petty cash being exhausted, and his wanting some immediately to disburse it; it did not come under my notice—I can imagine such a thing—he would then have paid it out of his own pocket, and gone to the prisoner and got a cheque, or he could have paid it out of his cash box,
a small amount—he had no right to he without cash—if Fricker made two or three disbursements out of his pocket in the petty cash book, then he ought to have gone to the prisoner and got a Cheque Bank cheque—the amounts on the right-hand side of the Cheque Bank cash-book represent the petty cash disbursements, some made by the prisoner and some by Fricker—they are made in his book from Fricker's book, as being sums paid over to Fricker—those amounts are not put down in this book by Fricker—undoubtedly those amounts were really disbursed by Fricker—I took charge of the petty cash myself on account of the prisoner's illness about the beginning of 1886—there was a little discussion when I returned about the state of the account—the prisoner could not make it right; something like 9l. 19s. 8d. was wrong—it appeared by the cash-book as a sum which had been received, and he could not trace it as having been paid into the bank—I believe I said I must have given the amount to Fricker to pay in, and Fricker denied ever having had it from me—I put it right by paying it out of my own pocket—when I had suddenly, at a moment's notice, just after taking over the business, charge of the petty cash, found the prisoner had been mixing up office petty cash, petty cash, and cash receipts, all in one box—I was only in and out of the office; I had my own business to attend to—it was impossible to know how the thing was kept, and on the prisoner's return we determined to open the Cheque Bank account—9l. was missed; subsequently one or two amounts signed as received by me were paid in, and when the auditor came to examine it he found it was wrong, and wrote it off as general expenses, because it was impossible to say if it had been received by me or not—after paying the 9l. we found one or two things wrong—I was only connected with the old Company as a purchaser—I can't say if the prisoner was secretary since November, 1882, of the old Company; I know he was for some years—the Company went into liquidation in January, 1884—the prisoner was appointed manager to the trustees of the debenture holders in the old Company, and in November, 1885, he became secretary of the new Company—100,000l. has not passed through his hands since 1882—the gross sales amount to something over 12,000l. at present, but I don't know what they did before we took possession—the Cheque Bank cheques, including the payments made out of the office for petty cash, would be 140l. to 150l. a month; that covers everything, the office petty cash and salaries—the prisoner drew his own salary himself every week—in the petty cash-book each salary is put down under the name of the individual—some of them are odd amounts, 28s. or something of that sort for wages—I did not know it was the frequent practice for the servants to cash their cheques at the office; they are not supposed to do so—the bank was not closed till 2 o'clock, and they were supposed to be paid long before that—there was an arrangement that if at the end of the year the directors thought the results sufficiently satisfactory the prisoner should have a commission of one per cent.—it was entirely within the directors' discretion—at the end of 1886 they considered it satisfactory enough to recommend it, and the commission was credited to him against a loan which he once, being in difficulties, asked us to make him—the commission credited was one per cent, on the divided profits—there was no dispute about it—the prisoner never mentioned to me that he should have the one per cent, on the nett profits—the ledger showing it is in the office.
Re-examined. Payment of commission was to be a purely voluntary act—there was no arrangement that if it was not paid he was to help himself out of our petty cash.
WILLIAM OLDHAMPSTEAD (City Detective Officer). On 4th February I arrested the prisoner at Kingston-on-Thames, on a warrant, for embezzling these two sums—I read it to him; he said "Yes, I will go with you; I have got a perfect answer to the charge"—I drew his attention to the two amounts; he said "I don't understand those two amounts."
The prisoner received a good character.
NOT GUILTY .
MR. F. FULTON offered no evidence.
NOT GUILTY .
OLD COURT.—Friday, March 2nd, 1888.
Before Mr. Justice Hawkins.
MR. ABINGER Prosecuted; MR. MURPHY, Q. C., with MR. BESLEY, Defended.
SAMUEL ARTHUR WILSON . I am a cab-driver, and live at 6, Acton Street, Gray's Inn Road—on 6th February, at 2 p. m., I was standing by the side of my cab, which was fifth on the rank, in Half Moon Street, Piccadilly, about three yards from the level of the refuge—I noticed two omnibuses passing along Piccadilly, the leading one was a General Omnibus Company's, the one behind was a Road Car 'bus, driven by the prisoner; I should say they were about two yards apart—they were going at a speed of about 10 miles per hour—I have been a cab-driver about 15 years—I think the Road Car 'bus was trying to pass the other, to pick up passengers—when they came to the refuge, the London General Omnibus Company went to the near side, the Road Car 'bus went to the off side; I did not see any reason for that—I saw it knock a gentleman down and go over him—I could not not say what part of the 'bus or horses struck him, I was too far off to say; I was from six to eight yards away; it was on the other side of the refuge, I did not see the deceased till he was on the point of being knocked down—I can't say whether the 'bus was still travelling at the speed of 10 miles an hour as it passed the refuge; it eased up a bit before it passed the refuge—I don't think he could have stopped his horses in time to prevent the accident, because the gentleman was beyond the refuge—I have seen three vehicles go abreast on the side of the refuge hundreds of times, I mean between the refuge and the park.
Cross-examined. I don't know that I have seen three 'busses pass abreast, I have seen two 'busses and a carriage—I don't know the width between the pavement and the refuge, but I should say it was between 22 and 23 feet (plan produced)—my attention was called to the 'busses before they got to the refuge—I do not know whether the London General Omnibus Company's 'bus stopped at the refuge to put down passengers; my attention was wholly and solely attracted to the Road Car 'bus, seeing it go round the refuge I lost sight of the other and took no notice of it again—there was only one solitary four-wheeler on the off side of the refuge, going eastwards—there was plenty of room for the Road
Car 'bus to go round the off side of the refuge—I was at the inquest—the prisoner tendered himself as a witness, and he was examined and cross-examined—I believe there were a few passengers on the top of the Road Car 'bus at the time of the accident, Mr. Maude was one; he was examined at the inquest—the prisoner might have been going about eight miles an hour when he went round the refuge, he had slowed down from the pace I saw him at first; it was certainly more than four miles an hour, it was not a moderate pace—Brant was sitting on his cab in front of me; he would have a better opportunity of seeing the pace at which the 'bus went round—I did not see anything to stop the prisoner from going between the refuge and the other 'bus—I don't know whether there was space for him to do so without cannoning against the refuge—I said at the inquest that I did not think he could have passed on the near side of the obelisk without cannoning against it or the other 'bus, that is true—I should not think it would take a 'bus half a minute to get from where my cab was to the refuge if going at 10 miles an hour; it is about six yards—I saw the deceased on the point of falling as the actual accident happened—I don't recollect saying at the inquest that I did not see him knocked down, I said I saw him on the ground.
Re-examined. There is a police notice on the refuge "Keep to the left"—I know none of the parties concerned in this case; I never saw the prisoner till he gave evidence at the inquest.
By the COURT. Except the Chelsea 'bus I saw nothing whatever between the near side of the refuge and—the kerb; from my own knowledge I do not know whether the omnibus stopped or went on.
CHARLES BRANT . I live at 43, Compton Street, Brunswick Square—at 2 o'clock in the afternoon of 6th February I was first cab, four-wheeler, on the rank by the side of the Green Park; my horse's head was turned westward—I was sitting on my box; I saw two 'busses coming along westward, I cannot tell what 'busses they were—I know nothing about their pace till they came to the refuge, my back was towards them; they were on the near side till they got to the rest, then the Road Car crossed the road on the other side, the wrong side—they were abreast when I first saw them; when they came to the refuge the one on the near side kept to the left—they were going about six miles an hour when they passed the rest—it is downhill as you go towards Hyde Park Corner—I saw the deceased crossing the road about 20 yards west of the refuge, towards Kensington; he came out of the Green Park—I saw the prisoner's 'bus strike him, the collar of the near side horse struck him on the right shoulder, it swerved him round and he fell on his face—the prisoner tried to pull up but he could not, it was a momentary thing; he pulled up in about a couple of yards—the traffic was going down on the near side; if he had waited and took his turn he could have gone past—I have been a driver 38 years—there was room for two omnibuses abreast between the kerb and the refuge—I saw the 'bus pull up in the space between the refuge and the kerb, he pulled up close to the kerb; there was not room for the other 'bus to pass between the off wheel and the near kerb of the refuge, because of the other traffic behind him going down at the same time.
Cross-examined. The prisoner went round the obelisk at a moderate pace, he put his break on to go round—he had only one of two things to do, either to stop his 'bus or go round the refuge—the road was very
greasy that day—I heard him shouting to the old gentleman, he was barely a yard from him at that time—the old gentleman came straight across from the Green Park by the walking traffic going west; he was looking westward, he was not looking down, more than a man of his age would be; he was looking down one side, with his head westward—the prisoner did all he could when he saw the old gentleman to stop his car, he put his break on as hard as he could and shouted—I could not see the old gentleman after he came out of the park till he got to the traffic, there was so much traffic I lost sight of him till he got to the traffic—the Road Car was making round on the near side when he got to the refuge, and as soon as the driver saw the gentleman he pulled to the off side as hard as he could, it was a momentary thing—the collar of the horse just touched him and knocked him down, and the wheel went over him; there was no traffic going west on the off side of the refuge—it was quite clear, there was nothing to lead the driver to expect any obstruction.
Re-examined. The prisoner's 'bus could not have passed on the near side unless he had waited his turn to go down behind the other traffic—with the break on I think I could pull up a 'bus going at six miles an hour in a few yards, two, three, or four yards—I did not notice if there were any other persons crossing at the same time, the deceased was the only man I saw crossing the road—he had got something like two or three feet beyond the centre of the road—I should think he was not above a yard or a yard and a half off when the prisoner saw him.
DANIEL LAURENCE . I sweep a crossing at the corner of Half-Moon Street, on the east side of the refuge, very nearly opposite it—on Saturday, 6th February, at 2 p.m., I noticed a London General omnibus and a road car come along Piccadilly, going westward—they were abreast, some 20 yards to the east of the refuge—I should think they were travelling between nine and ten miles an hour—my attention was attracted to them by the fast pace—the road car came on the wrong side of the refuge, and the omnibus to the right, and pulled in near the kerb—the omnibus stopped half-way down the refuge, but in such a part of the road as would have enabled the prisoner's car also to pass on that side—I did not notice whether the omnibus was setting down a passenger—I saw the deceased in the centre of the road, on a line with the refuge—I did not see him struck; I saw him fall—he was then about 14 yards from where I first saw him.
Cross-examined. I saw the 'busses racing before they came to the refuge—I heard a shouting for somebody to get cut of the road—I said at the inquest that my attention was first attracted by the shouts—at the time the gentleman was knocked down the Chelsea omnibus was behind him.
HUGH LAWSON . I am house surgeon at St. George's Hospital—I attended to James Langley on 6th February an hour after his admission—he had compound fracture of both legs, and was very much collapsed—the left leg was amputated, and he died the next morning but one at 9 o'clock.
The following witness were called for the defence.
car, and I was conductor—from St. James's Street, going west, there is a gradient down hill—the road was very greasy that afternoon—after we had passed St. James's Street I noticed the London General omnibus in front; it was going about five miles an hour; we were going about the same pace—our car has glass panels in front, so that I could see the traffic in front—the omnibus went ahead of us from Piccadilly Circus; it was about two or throe yards in front of us all the way from St. James's Street—our break was about three parts on going down the hill—the hill begins at Bolton Street—we were going about the same pace—I did not hear the omnibus ring to stop—at the refuge we went on the off side; the omnibus was then at a standstill on the near side—there was not room for us to get through on the near side, because there was a line of traffic on the near side—after passing the refuge our break was put full on; that threw me into the car—I felt the car rise, and then I saw the old gentleman under the wheel—I heard shouting before we pulled up so sudden—it was about a second or so after the shouting that I felt the oar rise—I heard the shouting before the break was put full on, about a minute or two before I might say, the shouting first, then the break put on, and then the jerk—I assisted to pick up the deceased—the car was brought to a standstill in about a yard or two—several gentlemen gave me their names and addresses, and also to the constable.
Cross-examined. I could see right through the windows of my 'bus—I had been outside taking the fares previous to this; I had only four or five passengers inside—there was a pretty good bit of traffic in front going in the same direction; it filled up the near side of the road—we were not trying to get ahead of it—if we had gone on the near side, we must have had a collision with the other 'bus—when the line of traffic is busy you must follow within a yard or two of one another—I could not say whether any signal was given for the Chelsea 'bus to stop; I can only say that it did pull up—it takes a yard or two to pull up, sometimes three or four yards—we were only two yards behind—we were going to Sloane Street—we simply see the Chelsea 'busses to Piccadilly Circus; we run in opposition up to there.
AUGUSTUS MAUDE . I live at West Kensington—I was a passenger outside the road car on the day of this accident—I joined it at Piccadilly Circus—I was on the near side, the front seat—the seats face the horses—there was no racing between the car and the London General omnibus—the car was driven at a moderate pace, the ordinary pace, I should say, about five miles an hour—as we approached the refuge the Chelsea 'bus in front of us pulled up; the driver, to avoid running into it, pulled round to the off side, which was quite clear of traffic, and shortly after passing the rest I suddenly saw an old gentleman in front of the horses—as soon as the driver saw this he pulled his horses as much as he could on to the off side; the break was on full—the collar of the nearside horse knocked the deceased on the shoulder and threw him down—I did not hear any shouting; it did not strike mo—I don't think the driver could have done anything more than he did to avoid the accident—I don't think it possible that he could have passed between the refuge and the Chelsea 'bus; the road was very bad indeed, very greasy.
Cross-examined. There were two other passengers outside—we were going to West Kensington—I believe the car came from the City—it would be about seven miles to West Kensington—I have never done the
whole journey—when we reached the refuge the 'bus was immediately in front of us; it did not stop entirely in the first instance; it checked, it did not stop—I could not say exactly where the deceased came from; he was in the middle of the road—he stepped out from behind another vehicle; I don't know what vehicle—I did not see him step—he was, I think, about a yard from the line of traffic on the near side when I first saw him, it may have been a little more—the accident gave me a considerable turn, and I did not take particular notice whether there was shouting or not—I did not notice any signal given by the 'bus before it pulled up.
HENRY ARTHUR . I live in Tregunter Road, South Kensington—on Saturday, 4th February, I got on the road car driven by the prisoner at Piccadilly Circus—I occupied the last seat on the off side—I did not notice anything done to the break at Bolton Street—we had gone at a moderate pace up to that point—there was no racing—I first noticed that the Chelsea 'bus was in front of us just before we came to the refuge; that was going about the same pace as we were—I did not notice that it was going to stop to put down a passenger—our driver turned to the off side of the refuge, because there was not enough room on the near side—I think we went on about the same pace—as we were going round the driver shouted, and I then saw a man in front—he was, I should say, between six and ten yards in front—the driver pulled up his horses and put the break full on.
Cross-examined. There were three passengers on the top including myself—I was not called at the police-court—I gave my name and address to the conductor, and I was subpœnaed.
ARTHUR NOAKROSKI . I am employed in a surveyor's office—I was outside the road car on the day of this accident—I got up at Chancery Lane—there was no racing on the part of our car with any other vehicle—we went at the ordinary pace, about four or five miles an hour—as we came to the refuge we went on the off-side—a bus stopped in front; if we had not gone to the off-side we should have run into the 'bus—I did not see the gentleman knocked down.
Cross-examined. I don't know who picked him up.
JOHN HARCOURT BLAY . I am a conductor in the service of the London General Omnibus Company—I was conductor of the Chelsea 'bus on 4th February; it is a staircase 'bus, with garden-seats—as we were approaching the refuge I noticed the road car driven by the prisoner close behind us—we had been going about four or five miles an hour; we generally go very slowly along there—the roads were very greasy—there was not the slightest racing between the two 'busses—our 'bus pulled up—I rang the bell to the driver and set down three ladies—people behind could hear it very plainly—I set the ladies down just the other side of the refuge—the car-driver turned off to the off-side to save running into the back of my 'bus—there was no traffic or anything to prevent his going on the off-side.
Cross-examined. I rang the bell about two or three yards before getting to the refuge, and set down the ladies just the other side of it—we did not pull up to the kerb; there was a row of vans in about the centre of the road—I was not at the inquest nor at the police-court—I was spoken to about a fortnight ago; a gentleman came and asked me what I saw of
the accident—I don't know who he was—he got on the step of the 'bus and asked me, and I told him just the same as I tell you.
By the COURT. The cab-rank was before us, and then the row of vans, nothing else—we can stop our bus very quickly, the break is so good; in three or four yards—we had pulled up after leaving Piccadilly Circus, and picked up passengers—I did not notice the road-car until we had passed St. James's Street and were coming down the hill—I never saw it following us—I only had about five people in my 'bus—I did not pull up at all between St. James's Street and the refuge—we never go the wrong side of the refuge—I don't remember doing such a thing; we might when there has been a lot of traffic—I think we have gone round the off-side to save an accident perhaps. NOT GUILTY .
THIRD COURT.—Friday, March 2nd, 1888.
Before Mr. Common Serjeant.
MR. BURNIE Prosecuted; MESSRS. FRITH and FOWKE defended Hancock. The Jury being unable to agree, were discharged without giving a verdict, and the case was postponed to next Session.
NEW COURT.—Friday and Saturday, March 2nd and 3rd, 1888.
Before Mr. Recorder.
MR. COCK, Q. C.,MR. H. AVORY, and MR. ABRAHAMS Prosecuted; MR. GRAIN and MR. ABINGER appeared for Weston,MR. GEOGHEGAN for Hill,MR. FULTON for Daker,MR. GILL for Johnson, and MR. PURCELL Fairchild.
NATHAN KYSER I am manager of the stock and share department of Messrs. Kaulb and Co., foreign bankers, Cornhill—on 20th May, 1887, the prisoner Johnson came there to purchase a Hamilton and North Western Railway bond of 100l., but we had not one in stock—he agreed to pay 111l. 12s. 6d. for it, paid 5l. deposit, and came again on the 26th or 27th, when we handed him the Bond and he paid the balance; the number of it was 1954—this (produced) is one of the coupons which was attached to it when we sold it to him, and was payable in December, 1887—he gave his address 16, Ayr Street, Regent Street.
AUGUSTUS SMALTZMAN (Detective Officer C). On 27th May, 1887, I was watching No. 16, Ayr Street, Piccadilly, a stationer's shop, where letters are sent and received—I saw Johnson enter—I was expecting him, and followed him to Mr. Kaulb's, 16, Cornhill.
JACQUES GALL . I live at 61, Avenue Wagram, Paris, and am acquainted with Monsieur Groult—he is 27 years of age, and is the son of a wealthy manufacturer in Paris—I came over to England with him to assist him in
raising a large sum of money—I had been in England some time staying with M. Groult at Thompson's Hotel, 31, Dover Street, when I met Weston in the Strand on 13th January—he was with a lady in a pony carriage—I said to him "How do you do? what do you make in London?"—he said "I have a little business"—I said "Can 1 help you?"—he said "Where do you live?"—I said "31, Dover Street"—he said "Oh, I live at 42, Dover Street; I will come and see you this evening," but he came not, and I called upon him a few days later at his apartments, 42, Dover Street, and told him I was here with M. Groult, who desired to raise a sum of 20,000l., and that the banker wanted some endorsement as a security; that M. Groult was the son of a very wealthy man in Paris, and that M. Groult himself had one portion of the fortune, which by French law could not be disinherited—he said "I will assist you; I have some one whom I will present to you"—he could not find him—that matter fell through—I saw him again on 19th January at my hotel, 31, Dover Street—he said "The first requisition cannot now be made, but I will introduce you this afternoon to a very old friend of mine, Lord Fairfax; he is very rich, and will be very happy to oblige you with an endorsement"—I saw him again next day, and he then introduced Lord Fairfax, that is Fairchild, whose whiskers and moustache were then quite black—he said he had a big estate and a very big fortune in Virginia, and that his mother had a big fortune, and 100,000l. in the London and Westminster Bank and in the Bank of England—Weston was there at the time these statements were made—he said he had not many friends in England because he lived in America, but he was a member of a few clubs—he also said he was very unhappy that he had not the money to put at my disposition, and his old mother was not very commode, but he said "I have a friend, a Canadian gentleman; you must not mind his manner; he is not a lord; his name is Vernon; he is a very rich man; he is now here without any friends; he was so kind as to oblige me with a loan of 10,000l., and I have given him big security. I will introduce him to you this evening; make him a nice good reception, and I will oblige him to lend you a loan of 20,000l."—Vernon did not come—Fairfax said he was obliged to go to Paris, but he would be back on the following Monday; this was Friday—on the Sunday evening I saw Weston, and he told me Lord Fairfax had arrived that evening—Lord Fairfax then came with Mr. Vernon—Vernon was about 5 feet 7 inches high, with brown beard, cut quite short, but pointed, short brown hair, a very ugly nose, and had an American accent—Vernon was very cold—he said "I have no reason to oblige you, but my old friend, Lord Fairfax, I like to oblige him. I have security from him for 10,000l. which I have lent him. I can give him 15,000l. more, but unhappily I have not the ready money with me. When I obliged Lord Fairfax with the 10,000l. I obtained a loan in Liverpool, and gave securities to the value of 40,000l."—both Weston and Lord Fairfax were there at that time—I asked him the name of the banker, and he told me he was a private money lender named Robond—Lord Fairfax then said "You must have the 15,000l.; go with me to Liverpool to pay back the 15,000l. to Robond, and release the bonds"—he said they were Canadian railway bonds—I said "I have not a banker who will give me 15,000l., and I am not sure that they will find money on
your Bonds"—he said "Never mind, I will go and see my mother to-morrow morning, and will ask her to lend me a cheque for 15,000l. for one day, and I will then go to Liverpool and repay the 15,000l. to Robond, and release the bonds and bring them to you, but you must arrange with your banker to give me the money when I come, that I may give back the amount to my mother; I give you my word of honour that the bonds will be to-morrow in London"—Weston was present—this description of the security was written on January 23rd, the same day as the conversation. (Headed Thompson's Hotel, 31, Dover Street, and stating that the security was 35,000l. worth of Hamilton and North-Western 1st mortgage 6 per cent, bonds, value about 10 per cent, above par, very difficult to buy in the market, and a very first-class investment, and that the coupons could be cut off and paid as part interest.) M. Groult and Mr. Weston, as well as myself, were present when Mr. Fairfax wrote that—on 25th January Weston took me to Mr. Alexander Brown, a banker, of Lombard Street—he had said nothing to me before that about taking me to him—I gave that document to Mr. Brown, and said "There is 35,000l. worth of these bonds, will you make a loan of 30,000l. on them?"—he said he was ready to make the loan, but he would require some more particulars, and he must take the advice of his solicitor, Mr. Michael Abrahams, and told us to call again—we called again on the 28th—on the 25th a breakfast party was given, that was after we had seen Mr. Brown and he was willing to carry out the transaction—Mr. Weston invited me to the Alexandra Hotel, Hyde Park; I went there by myself; the breakfast was between I and 2—Lord Fairfax, Robond, Vernon, the Major, and Weston were there—Robond is Johnson—I said to Lord Fairfax "Who is this?" and he said "He is the partner of Robond," he made the advance half and half—that was the first time I had seen Robond—there were six of us altogether—I sat between Lord Fairfax and Weston, and Robond sat between Vernon and the Major—the first person I saw there was Lord Fairfax, and he said "This is Mr. Robond, I have brought him from Liverpool because I have not got the cheque of my mother; I promised to bring you the bonds, and I have brought you the man with the bonds"—after breakfast the Major produced this florid pocket book, and a few minutes later Vernon gave me a 3l. coupon like this one, No. 1954, and said "This is one of the coupons of the bond which is now in Robonds hands"—I desired to show this to Mr. Brown, and said to Watson "I should like to have this coupon, will you ask Vernon to let me have it? or I will pay 3l. for it if necessary"—Vernon said "Don't offend me"—after breakfast there was a business discussion in the smoking room between Vernon and Robond and the Major, and I heard Robond say to the Major "You must not do this business"—when I heard that I said to Lord Fairfax "I believe this business will be dropped"—he said "I have engaged you my word of honour, and I will show you that I can keep it," and he said to Vernon "You know I am Lord Fairfax; will you, yes or no, lend the Bonds?"—Vernon said "Yes"—Lord Fairfax then said to him "Will you sign this paper?"—he said "I will"—that was a paper which had been prepared by Weston—Vernon then signed it, but it has been destroyed, and a fresh copy was made. (Read:. "Mr. J. Robond, 4, Holland Park. Sir,—Please deliver to Mr. G. Gall the 350 Bonds first mortgage Hamilton and NorthWestern
Railway Bonds on payment of 15,000l. sterling. Yours truly James Vernon.") That was all that took place at the lunch of any importance—next day I again saw Mr. Brown; M. Groult and Mr. Weston were with me—Mr. Brown then made an appointment for next day to meet him at his solicitor's, Mr. Michael Abrahams—he said the bonds were first-class security, he had not seen them then, he had only had a description of them—on the 28th I called again on Mr. Abrahams; Mr. Brown and M. Groult were present—Mr. Abrahams then prepared this document dated 28th. January, 1888. (This authorised the witness to borrow the sum of 30,000l. from Messrs. Brown and Co., or their nominees, upon the security of 350 Hamilton and North-Western railway Bonds, which were then pledged with Robond for an advance of 15,000l., the said Messrs. Brown out of the 30,000l. paying off the loan and interest, if any, and then to hand the balance of the 30,000l. to M. Groult, of Paris, he signing the necessary agreement for securing to Messrs. Brown the amount of the advance.) Mr. Abrahams then asked questions about Lord Fairfax, which I answered—he referred to a directory—I afterwards told Weston what he had asked me—I went away, taking this document with me—the next day was Sunday, and after dinner Vernon, Weston, and Lord Fairfax came to my hotel; I produced the document which Mr. Abraham had drawn up, and it was signed by Vernon in the presence of Groult and myself—next day an attestation clause was put on in Mr. Brown's office—I then told Weston that Mr. Abrahams had found out that 4, Holland Park was a doctor's, and that the strange name of Robond was not there, and also that he had found out that this document of Robond's was not dated—Lord Fairfax said "We have made a mistake, it is not Holland Park, it is 4, Holland Park Terrace," and the first letter was then destroyed, and this one was written by Weston, and signed by James Vernon. (This was the same as the previous one, but dated 4, Holland Park Terrace.) I saw it written—he told me to go upstairs and put that document which Mr. Abrahams had drawn up into my desk, as it was a very valuable document—I did so—when I came back I saw M. Groult, Weston, Fairfax, and Vernon, looking at a document on the middle of the table; it was one of these Bonds for 100l. of the Hamilton and North Western Railway—I looked at it and asked him if he would give it me to show to the hanker, as it would make the business more simplehe said to Weston "I confide you this Bond of 100l. till 6 o'clock tomorrow evening, you give me your word of honour that you will bring it back to the Alexandra Hotel by 6 o'clock, because it was confided to me by Robond, being an integral part of the 350 Bonds which he has"—I said to Vernon "Can you give me the numbers of the 350 Bonds, and tell me how you got them, by purchase on the Stock Exchange, or by concession?"—he said "I have a list of the numbers in the hands of Robond, I don't care about taking such trouble when I make a favour to a friend; you will take the numbers when you pay the money"—on that Lord Fairfax became very passionate, and said "Do you believe we are thieves? a banker has no right to ask such questions of a gentleman when he brings him bonds to bearer"—his anger was so great that Weston said "You had better leave the room," and he put me out—Weston, Fairfax, and Vernon then left the house, Weston taking the bond with him—he came back again that night about 12 o'clock, and showed me the bond again, and we arranged to go to Mr. Brown 's office
the next day at 11 o'clock, and produce the bond to him—Groult, Weston, and myself went next morning to Mr. Brown's office about 10. 30—Weston showed the bond to Mr. Brown, who gave it to a gentleman to take it out to have it examined—when he came back he said it was a very good bond and a first-class security—an appointment was then made for 2 o'clock next day, at Mr. Brown's office, and for 3 o'clock at the London and Westminster Bank head office, but on the morning of the 31st I received this letter by post. (Dated 4, Holland Park Terrace, Holland Park, W., stating that he had received instructions from Vernon to take the securities to the London and Westminster Bank, for the payment of hit mortgage on them, namely, 15,000l., and that they would be at the witness's disposal at the Westbourne Grove branch on payment of 15,000l., for which he would bring a receipt. Signed J. Robond.) I showed that to Weston in the morning, ho did not inform me that he had written it himself—I afterwards showed it to Mr. Brown in his office—Weston then took possession of it and put it in his pocket—I asked him for it back, and he gave it me without the envelope—Mr. Brown then said that he only carried on his business in the City—Weston said he would do his best, and thought he should succeed in getting Vernon to bring the bonds to the City that afternoon—Weston then went away in my carriage and made an appointment to call for me at Dover Street at 3 o'clock—I stayed there till 4. 30 and he did not come, and I then telephoned to Mr. Brown—Weston arrived just after that and said that Robond would not go to the City with 35,000l. of securities, as he was an old man, and we must arrange for next day at the Westbourne Grove branch of the London and Westminster Bank; he then telephoned to Brown, who came about 5. 30—after Brown arrived Weston handed me in his presence this letter. ("4, Holland Park Terrace," and signed" G. Robond" and stating to the witness that he would not risk coming to the City with the bonds, and asking them to come to the Westbourne Grove branch of the London and Westminster Bank, as it was near his house, and that if that would not suit they could have the bonds at his house from 10 to 4 next day.) I don't know whose writing that is, I believed at that time it was from Robond—I showed it to Mr. Brown and he wrote this letter in my presence, which I gave to Weston that he might show it to the money-lender Robond. ("Dear Sir,—I will meet you to-morrow at the branch office at 12 o'clock, and will be prepared to take up the 350 bonds for 15,000l. Alexander Brown.") This document (produced) was written by Lord Fairfax when I asked Robond's address, and he said "4, Holland Park Terrace, Holland Park;" he also wrote Vernon's address, "Keeble Towers, Bournemouth, and of Montreal, Washington Hall"—that same evening, between 8 and 9, Weston and Fairfax came to see me at my hotel, Dover Street, and Weston said "I am very happy to be so agreeable to you, your business will be ready to-morrow, but I cannot remain in London, I have to go to Paris to-morrow morning; I shall be staying at the Grand Hotel, and I hope to see you there if I can be agreeable to you"—he had dined with me and M. Groult several times—on this occasion he was in evening dress—on the following day Weston came to see me about 12 o'clock, I was in my bedroom—he said he would call for me at 1 o'clock to go to the London and Westminster Bank, and asked mo to have a brougham ready for him; he also said he would bring Vernon and Robond to the bank at 2 o'clock, and that I was
to wait till he came—he never came—I waited till 1.30, and then had a communication from M. Groult and took a cab and went to the bank—I there saw Mr. Brown, Mr. Michael Abrahams, and Mr. Cutbell, the representative of the railway—about 2. 20 I was outside with Mr. Brown and Weston came up—I said "Where is Robond and Vernon and the bonds?"—he said "He is too old to come with the bonds, but Vernon will be here in five minutes"—I did not ask him why he had not called for me—shortly afterwards a Hansom's cab drove up with Lord Fairfax in it with this black box (produced) close to the door—I was going to take it out, but he said "Don't touch my property, "making an effort as if there was a good deal in the box, and went into the bank, which is divided into three parts—I was the last to go into the bank, and when I was in the second room Fairfax was in the third—he said "My name is Fairchild, I bring you the bonds"—he did not see me behind him—Mr. Abrahams then said "Open the box, and we will begin our transaction;" he opened his overcoat, put his hand in his pocket and said "Oh, I have forgotten the keys, I will go and fetch them and be back in five minutes"—I said to Mr. Abrahams "It is very strange his introducing himself as Fairchild when I know him as Fairfax"—he had still his black moustache and black hair—Mr. Abrahams said "You can leave the box here, there is no danger to the property"—he said "No, I don't want to leave the box here, it is confided property, I will take it with me"—he took the box, and with two walks he was in the second part of the bank, where Mr. Cuthell stopped him and said "What have you in this box?"—he said "That is not your business," and put it on the table and said "I defy you to open the box"—I said "Break open the box," and at that time a number of police-officers came in—I did not know they were there—Weston remained where he was—some police officers then went outside and brought in Robond, the Major, and Hill, who 1 had never seen before—when the Major came in 1 said "That is the Major who had the nice pocket-book, and that is Robond, the money-lender from Liverpool"—they were then searched—Weston told me that M. Groult said to him that morning "When the business is ready I ask permission to make a diamond present for your lady, and I am at your disposition for any amount you may ask me," and he said he would offer me 1,000l. for carrying out the matter; but M. Groult never said so to me—he also said "You tell him I ask for a loan of 4,000l. for myself," and I said that I would mention it to M. Groult.
Cross-examined by MR. GEOGHEGAN. I never saw Hill—I said at the police-court that Vernon was a man of 38 or 40, about 4 feet 8 inches, a black beard short, a long moustache, and was looking always on the ground, short hair without a parting, and a little grey hair on two sides.
Cross-examined by MR. GILL. I am a gentleman, a rentier—I have no address where I carry on any business—I have never been in the Courts before this—I have never been at Toulon—I have made, perhaps, 20 or 25 loans in 10 years, and it is possible that I have attempted 50, always acting as the agent—I have not borrowed money in London—I knew Monsieur Groult in Paris—I saw him last at the police-court—the property he has is in Paris, and the people from whom I could borrow money, whom I know, are also in Paris; it was not possible to borrow this 20,000l. there, because in France money lenders do not make so much as
here—in France you cannot borrow on a future fortune—there were no family reasons why he could not do that I know of—I had not offered it to anybody in Paris, but I had tried to borrow in two other places, and I succeeded in finding somebody to lend M. Groult 20,000l. on condition that he would give them an English guarantee that he would pay the interest every year—I had no document here, but M. Groult had—I knew Weston as moving in good society in Paris; I saw him continually between 13th January and 1st February, and dined and lunched and went to the theatre, M. Groult paid for everything—the first and only time I saw Johnson was at the breakfast, and then he did not speak to me—I was much influenced by the fact that he was spoken of as the Major, that made me more confiant—I thought his wife or his daughter had made him the note case—I should not have parted with the Bonds upon that, but I saw he had much money there—the coupon was shown me by Vernon and Fairfax, Johnson was not a party to the conversation, he said nothing to me; M. Groult handed as security to Weston a lot of documents written by a notary, about eight million francs, being only a part of the fortune of his father and himself; they were copies of documents—I expected on February 1st that I was to nave 15,000l.—I had no document to part with in return for those documents—I have lost nothing in this matter except two months' time and my expenses—I have had nothing to do with this matter since, but I know that money was raised.
Cross-examined by MR. FULTON. I have said that the 15,000l. was to be advanced on the honour of M. Groult—after this business it was understood that Lord Fairfax would go with Weston to a solicitor for the security; the money was to be paid to me by Brown for M. Groult—I had no securities for that money—Fairfax was unknown to me till I came here, and Vernon too—I did not expect that 15,000l. was going to be given to me without security—Groult had the security—the clerk of the London and Westminster Bank was charged to bring the money there—I have seen the documents, they were shown to Weston at his house in Dover Street about 14th February, three days after I first met him; he had them in his possession eight days—I do not remember being asked at the police-court whether I had seen them—I have not said a word till to-day about Weston having them eight days, I was not asked—I did not say over and over again that the 15,000l. was to be advanced on the honour of M. Groult and myself, only of M. Groult—I don't know whether the documents are here, I have not seen them since they were at the police-court on February 14th—it is an exaggeration to say we had 40 bottles of champagne at one sitting, but it flowed freely—I never looked at the bottles—5 never drink myself—I only saw Daker once, that was on the 24th, when I saw the Major, he had no champagne, nor did he partake of any refreshment at M. Groult's expense—he had the break fast, but that was paid for by Fairfax—Weston said he would give me 500l.—he said "I will give you each 500l. if you will get me the loan, we are old friends"—no money has been raised yet, I have done nothing since this matter fell through—I stayed here for this business, and Groult went back to Paris on February 2nd, and I did not like to get the advance in his absence.
Cross-examined by MR. PURCELL. Vernon was to allow M. Groult the use of the Bonds, that he might raise the money on them—Vernon said
that he had sufficient securities belonging to Fairfax, his old and good friend, and I, with my experience, thought that a reasonable thing; 1 have often seen it with 35,000l. and more—I did not tell Vernon who I was, it was not his business—M. Groult wanted 30,000l.—I am the son of a very rich man, I come from Poland, where M. Groult, senior, has castles and land; he makes tapioca—I did not mention that as a security to the person lending the money—M. Groult was at the police-court twice, but he was not put into the witness-box because there was no time, as I was in the witness-box two days—if I said before the Magistrate "M. Groult offered me a nice commission, I expected as much as possible, M. Groult offered me 1,000l.," that was a mistake—I am not quite current with the English language, I never learnt it—I certainly offered Weston half of my commission—as I had never talked about it with M. Groult, I did not tell Weston what I should have—Mr. Brown was to have 750l.—Mr. Oppenheim was to advance the money—I have never seen him—Fairfax partook of all this hospitality, he was with me five or six times—his hair was always dark till he was locked up in prison—when he came to the bank his hair was as it was when I first saw him—his friends call him Lord Fairfax, I did not understand that that name was only used by his friends in joke—I looked at the Peerage, and found that Lord Fairfax was a Scotch nobleman, of about the same age, living in Virginia, and that his mother was a widow, and therefore I was sure that I had to do with Lord Fairfax—I never knew that the police had been communicated with, Mr. Abrahams did not trust me with that.
Cross-examined by MR. GRAIN. When I came to this country I had money with me, but I was desiring to win money—I am short of money now, but I am not in difficulties—I will not say what my income is—I did not ask Weston to borrow 4,000l. for M. Groult; I was asked by Weston—I said at the police-court "Idid tell Weston to ask Groult for 4,000l."—Weston offered to give me half of all we should have—Weston said "If I get 4,000l. I will give 500l. to the secretary, and you are short of money and we are old friends, I will give you half of my part and you will give me the half of your commission"—Weston did not suggest to me that I should not continue to bargain with Mr. Brown because the commission Mr. Brown was asking was too large—I told him that Weston did say that to me—Weston said "He is an old friend of mine, and he is in a difficult position"—he asked me what he must do, and I said "I will ask M. Groult to give you the 4,000l."—I will. swear that I had M. Groult's securities in my possession in London, I had the notarial act, that was a copy which proved that the house belonged to him—he had that with him, and I had it in my hands—the income of the estate is 160,000 or 170,000 francs a year, representing a capital of eight millions—I never tried in France to obtain a loan on it, as the law does not allow it.
Re-examined. Lord Fairfax paid for the breakfast at the Alexandra Hotel with a 50l. note—Weston told me he wanted more money, as his wife was ill and he wanted to go to her—he said "You are not in a position to pay, you arrange for half and half; I will not ask M. Groult, but I will ask the secretary to give you the same; do you believe 4,000l. will be too much?"—I looked for something for myself, as I was acting as a business man, and I wanted to have part, and he said
"What we have altogether we will pay the rest and divide it between us"—Weston took no part in the discussion except to say "Don't bargain," meaning "Don't haggle"—M. Groult said that the commission was high, 750l.
ALEXANDER BROWN . I carry on business at 79, Lombard Street, as a banker and bullion dealer—about 25th January Weston came with Mr. Gall and M. Groult—M. Gall showed me this document (produced), and I arranged to look into the matter, and if it was satisfactory to negotiate a loan of 30,000l.—I understood that a loan of 15,000l. was to be paid off first—M. Groult's name was mentioned, and Gall said "He is a rich man"—I said "That is sufficient, I know the name; it is a transaction I can only carry out through my solicitor"—we spoke of my commission, but it was not definitely arranged—after they left I communicated with Mr. Oppen-heim—on 28th January I met M. Gall and M. Groult again at Mr. Abrahams' office, who referred to the London Directory, and drew up document "H, "which they took away with them—I saw them again on the Monday at my office, and Weston was with them—the document marked "I" was produced, a letter purporting to be from Mr. Robond—I believe that was delivered to me on the Monday—it purported to be signed by Robond, informing M. Gall that the Bonds would be at his disposal at the branch office of the London and Westminster Bank—he made an appointment to meet them next day at 2 o'clock at my office to complete the transaction, and then to meet me at the London and South Western Bank with the Bonds, so that the agent of the Company could examine them before the money passed—Weston was present when I said that—he had produced one Bond on the Monday—I looked at it, and sent it out to be examined—when Weston produced it he said. "This is one of the lot of 350 Bonds"—the report came back to me that the Bond was a genuine one, and if they were all like that it was a firstclass security, and the loan would be concluded—I went to the hotel in the evening to examine the Bond again—Weston produced it, and I took the number of it, 2678—I saw Gall, Groult, Weston, and Mr. Campbell there—on Tuesday, the 31st, Gall called and said that it was impossible for Mr. Robond to come—I told him I could only do the business in the City, and he was to fetch Robond down—he said he would be there about 3 o'clock—he gave me at the hotel this letter, dated January 31st, in which Mr. Robond says that he is not going to risk going to the City with 35,000l., and I arranged to meet him next day at the Westbourne Grove branch of the bank—I wrote this letter the same evening making the appointment to meet at the Westbourne Grove branch of the bank next day, and gave it to M. Gall, and wrote down who I desired to be present, Mr. Gall, Mr. Vernon, and Mr. Robond—that was written in Weston's presence—document "H" was attested in my office on Monday, the 30th, as it now appears—I had made arrangements for the advance of the money by Mr. Oppenheim at the London and Westminster Bank as his bankers—the advance was to be 30,000l. on the whole of the Bonds—on the Wednesday I arrived at the Westbourne Grove branch at a quarter to 2 to complete the transaction, 2 o'clock being the time appointed—Mr. Abrahams went with me, and I knew that the detectives were going to be there—M. Gall was at the door when we arrived, but finding no one else had arrived I went out again and met Weston coming towards the bank—I said "You have come at last"—he said "Mr. Robond is not
well, but he has deputed some one to act with him, who will have a full discharge with him"—I went into the bank with Weston, and soon after Fairchild arrived with a tin box—he said "I have come to do the transaction"—he looked about him and went into the other room, and returned, and said "Oh, I have forgot my keys; I will fetch them," and then the police came—I heard M. Gall give his evidence; his account is correct about Fairchild and the box, and daring any one to open it, when the officers broke it open and found it empty, Weston was there all the time—he was confronted with Fairchild, and said "You have got me into this mess," and went for him with his fist—when the box was opened with the key, and nothing was inside, he amused himself with a little song, "What a surprise."
Cross-examined by MR. GRAIN. I should not have parted with the money unless the Bonds had been checked and found satisfactory—I looked on M. Gall as the agent for M. Groult; he was the principal spokesman—I did not write down Mr. Weston's name; I did not want him—I looked upon him as a friend of M. Groult's, merely accompanying him—I should not have handed anything over to Weston without Mr. Abrahams' authority.
Cross-examined by MR. GILL. The arrangement was that the bonds were to be checked by the agent of the Company and by Messrs. Norton and Rose, who brought the Company out—the agent was at the bank—I cannot say whether it would have been absolutely impossible to get forged Bonds passed; I think it would have been very difficult and almost impossible—I saw the document H, which was prepared by Mr. Abrahams, which was the authority for the transaction—merely getting the receipt was to be a full discharge.
Cross-examined by MR. PURCELL. I never saw Kinsell till I saw him at the bank.
Re-examined. I saw Weston write the attestation; that is my only means of forming an opinion of his writing—I have compared it with I. and J., and they look like his writing—I have heard that forged American railway bonds have been about in the City, but they never passed through my hands.
By MR. GILL. It would be possible for 350 Bonds of this particular railway to be in the possession of anybody without the Company knowing it—I might hold them; there is no registration at all.
Z. E. OPPENHEIM. I am a member of the London Stock Exchange, of Wharnford Court, Throgmorton Street—I entered into negotiations to lend 30,000l. on the security of these Hamilton railway bonds—their nominal value is 35,000l., and their market value 38,000l.—they are excellent securities—the loan was to be made through my bankers, the London and Westminster Bank, on my behalf.
ARTHUR. H. DAWS . I am manager of the London and Westminster Bank, Westbourne Grove branch—the staff consists of myself and two clerks—I recognise all the prisoners—I saw Weston first; he came to the bank by himself on the 1st about 25 minutes to 2—he was shown into my room—he said that M. Gall might be there two or three minutes after 2—I said "To whom have I the pleasure of speaking?"—I am not sure whether he gave his name or not, but he produced a letter written by Mr. Alexander Brown making the appointment—he said that he was a friend of M. Gall's—I read the letter and said "I know all about the
business; the arrangement has been made"—(at that time the detectives were in the house)—he asked me if Mr. Oppenheim was coming to meet him—I said "No, only Mr. Brown"—he asked me if Mr. Brown was going to bring the money—I said "Yes"—he asked if the transaction was to be completed—I said "I believe so"—he took up his hat and made a movement towards the door—I said "Won't you stay till M. Gall comes?"—I looked at my watch and it was 20 minutes to 2—he said "No, I have not time; I want to get back; I want to go to the old gentleman who holds the Bonds, and bring him to the bank"—a messenger then came and told me that a gentleman in the outer office wanted to see me, and I said to Weston 'Just wait a minute; I shall not be long," and went to the outer office, leaving Weston in my room, and in a very short time he came out and took hold of the door leading out of the bank—I said "Won't you wait?"—he said "No, I must be off"—I said "Goodbye; we shall meet later on"—the Cafe Royal is on the same side as the bank at the corner of Hereford Road going east; it can be seen from the corner—Fairchild was next shown into my room—I know him as Lord Fairfax—he had a black moustache then, very much brushed up at the corners, which gave him rather a fierce appearance—he had a black japanned tin box with him, and when he caught sight of Mr. Abrahams he started and said "My name is Fairchild; I have brought the Bonds"—Mr. Abrahams came forward and said "Produce them, and we will go on with the transaction"—he put his hand in this way and said "I have forgotten the keys; I will go back and fetch them"—I said "Won't you leave the box?"—he said "Oh, no, I won't leave the box; I shall not be more than five minutes or 10 minutes at the outside"—he left my room, and was confronted by Mr. Abrahams, who said "Well, what is the meaning of this? it is now considerably beyond the time appointed for meeting; I can't be waiting here all the afternoon; where are the Bonds? produce the Bonds, and we are ready to go on with the transaction"—he said "Who are you? you look like some bookmaker"—Mr. Cutbill, the agent, put the same question, "Where are the Bonds?" and beckoned to the detectives, who were just behind a screen—they came and made some remark to Fairchild, who said "The game is up"—I asked him to open the box—he said "That is my private property, and I defy any of you to open that box"—he was arrested, and then he produced the keys, though he had not left the premises—the box was taken up and shaken, and then opened—Fairchild was taken into my room, and one of the detectives said he wanted to have a private conversation with him, but we heard nothing except that he shouted out "Oh! what a surprise"—my room is not on the ground floor; there is a semi-basement—I saw some wrestling between one of the detectives and Fairchild, who had a stick—I saw the other prisoners brought in.
Cross-examined by MR. GRAIN. My conversation with Weston was probably less than five minutes—I am quite sure he said he should have to go back to the old gentleman who held the Bonds—I heard one of the detectives say "Now, Mr. Weston, just write down an account of what you know about this," and Weston commenced writing something on paper.
JOSEPH PARTRIDGE PITTENDREIGH . I am manager to a stockbroker, of 13, Cornhill—on 4th October I sold two Hamilton and North-Western Railway 100l. Bonds, Nos. 2678 and 2679, to a man about 5 feet 10 high,
with dark slight whiskers, brown hair, tinged with grey—I don't think he had any beard—he had a slight American accent—I do not recollect his nose—I saw the same person again on December 13th, when he purchased three more of the Bonds, of which I can give the numbers.
JOHN EDWARD ANDREWS . I am a clerk, acting as cashier at the Bayswater branch of the London and Westminster Bank—on February 1st I saw all five of the prisoners—Hill came in about 3. 15 or 3. 20, and asked me to give him a 5l. note in exchange for gold—he showed gold and copper, but no silver—I told him it was contrary to our practice to issue notes to strangers for gold—he said "Although I am a stranger here I have an account at one of the other banks," which he mentioned, but I don't remember it—I told him I had no means of identifying him, and therefore could not oblige him—he left me, and moved to the street door, partly opened it, and remained in a listening attitude fur about a minute, for anything that passed inside, I should think—Fairchild was then in the manager's room, and Weston was in the clerk's department—he could not see them from the door where he was standing, but he could have seen Weston from the counter—he could not see into the manager's room, because the door was shut—he could not see Fairchild.
Cross-examined by MR. GEOGHEGAN. I was the only clerk behind the counter—it is a swing door, and he stood with it half open—the song was not "Two lovely black eyes; oh! what a surprise!"—I do not know if that was a signal.
JOSEPH WYBROW . I am an assistant at the Bodega, 37, Hereford Road, two or three minutes' walk from the London and Westminster Bank—on this day, about 2 o'clock, the prisoner Hill and another man came in and had two glasses of port—the other man had a black bag—Hill left, and the man with the bag remained all the afternoon—he was there when I left at 7 o'clock, with one hand on the bag, taking care of it—Hill did not return.
Cross-examined by MR. GEOGHEGAN. Detective White first spoke to me last night—there is a manager to the Bodega—I saw the detective on February 2nd, and told him what I have told you—I was not at the police-court—I have been at the Bodega every day—that is 15 or 20 minutes' walk from the police-court—Hill was not put with other men for me to pick him out—this is the first time I have seen him since the day I served him—we provide biscuits and cheese there.
Re-examined. I have no doubt he is the man.
JEAN ZLAWNEMEN . I am a Swiss, and am waiter at the Cafe Royal, Westbourne Grove—I know all the prisoners, but I am not so sure of Hill—I saw them in the Cafe Royal one Wednesday together before their arrest—Fairchild had a tin box like this (produced)—he arrived with it in a cab—they had refreshment together at 1 o'clock—they left separately, and the last left at 3 o'clock.
Cross-examined by MR. GRAIN. I will swear I saw Weston there; there is no mistake—someone told me the arrest was on Wednesday—the governor and others told me, but I remembered what day it was if they had not told me—if anyone says it was Tuesday, I would not say they were telling an untruth.
Re-examined. I know the prisoners by sight—I had known them three or four days before, but they had not been together till that morning—I know they were there on Wednesday, and I afterwards heard that the arrest was on Wednesday—I never saw people come there with a box like this—it is not the sort of thing that people take about for their lunch.
ALEXANDER RAPH . I am head waiter at the Alexandra Hotel, Knightsbridge—on 25th January the prisoners Daker and Johnson came there with a dark man, about 5 feet 8 high, with dark whiskers turning grey—I did not notice his nose, as he sat with his side to my desk—they had three glasses of whisky, and then Fairchild joined them—they went to the drawing-room—there was a conversation between the four, and Fairchild snapped his fingers, and said "15,000l. is nothing"—they took nothing except the whisky, till Weston came, and then another man came in, Mr. Gall—they had lunch, and Lord Fairfax paid for it with a 50l. note.
LOUISA FAIRCHILD . I am a widow, of 4, Holland Park Terrace, Bayswater—I never had a tenant named Robond; I had one whom I knew as Vernon; he was about the medium height, and had a dark beard and moustache, a little grey, and an American accent—he took possession on January 18th—on the Saturday before Vernon came Fairchild called and looked at the same rooms, but I never saw him after—Vernon stayed till February 1st, when he left—he said he was going to Paris—on the 28th he took his luggage, and returned on the 30th between 1 and 2 o'clock in the night, without his luggage, and remained without it till 10 a. m. on February 1st, when he left—he did not say he was not coming back, and I expected him back—I saw Daker there, but I knew him as Robor; it might have been Robond—he came in while Vernon was away to see if there were any letters for him—after February 1st I received this letter, signed Vernon, enclosing the key: "Please consider rooms vacated by me for the present, when I will pay whatever difference there may be between us financially"—he has never been back—I never saw letter-paper like this in my house, I did not know that any had been printed—Mr. Robond did not tell me that he was going to have some notepaper printed.
Cross-examined by MR. FULTON. I recognise the third man, most decidedly—I said before the Magistrate that I would rather not swear to him, but if you ask me to do it I will.
Cross-examined by MR. PURCELL. I saw Fairchild in the dock at the police-court—I had not seen him outside with a man—I was not asked to pick him out from a group—he was there live or ten minutes—I will swear it was Fairchild.
AUGUSTE DELVALLE . I am a cashier at the London and Westminster Bank, St. James's Square branch—in October, 1884, Fairchild opened an account there in the name of Walter Selwyn Graham; that account is now 3s. overdrawn since July 1st, 1887—I produce a certified copy of the account, examined by the bank—there are cheques payable to Weston.
Cross-examined by MR. PURCELL. Graham did not say that the money he paid in was the result of betting.
Cross-examined by MR. GRAIN. Cheques are entered very hurriedly—we don't always get the name correct—I might enter your name Green instead of Grain.
JOHN FREDERICK SABINE . I am manager of the Kilburn branch of the Alliance Bank—I know the fifth prisoner as Walter Celonin—he opened an account there in that name on 4th October, 1887, saying that he had an account at the Chelsea branch, but, having moved, it would be more convenient to transfer it to my branch—he drew a cheque on the Chelsea branch, which was paid—it was for 43l. 1s. 11d., the balance standing to his account at Chelsea—he drew it all out there and transferred it to Kilburn—this is a copy of the account; it is still open, and there is a balance of 37l. 8s. 1d.
JAMES KENDALL . I am assistant to Messrs. Nettleship and Harris, of Westbourne Grove, who printed this note paper with the heading "4, Holland Park Terrace," on 7th January, for a person who gave the name of Vernon.
Saturday, March 3rd
WILLAM ROBERT MILLER . I am the secretary of one of the clubs at the West End of London—Weston was a member of the club about 18 months ago—W. S. Graham was also a member of the club—I am not aware whether it was Walter Selwin Graham—I do not know him by sight; I never saw him to my knowledge—on 28th January, 1887, I received this letter from Weston: "Dear Sir,—Will you kindly deduct my fines from enclosed cheque, and give the balance to bearer"—as far as I remember it was a cheque for 10l., drawn by W. 8. Graham on the London and Westminster Bank—the fines were deducted from it—I received this other letter from Weston, dated the same day, January 28th: "Dear Sir,—Mr. Graham, whom I have just seen, begs me to request you to hold his cheque till Tuesday which you cashed this afternoon for me on his account, &c. Regretting this contretemps, yours truly, Weston"—I believe the cheque had already been presented—it came back, and I wrote to Mr. Weston, and received this letter. (Stating that the cheque had come back)—I never saw Weston at all—on 17th September I received a letter from Graham, addressed from Brooklyn, America, resigning his membership of the club.
ARTHUR MALDEN . I am a clerk in the Coupon Department of Morton, Rose, and Co., merchants, of Bartholomew House—they pay the coupons on the London and North Western Railway Bonds—I produce the coupon register, and a book containing the list of coupons; the register is the register of the coupons to be presented, and the list is those which are absolutely presented—the total issue of bonds amounts to 45,000l.—it is my duty to Keep those books, and register the coupons which are presented—I can tell how the Bonds are held by the running numbers, and I find that most of them have been in the same hands for several years—of the coupons which were presented in December last the Bank of England were the only persons who presented coupons representing as much as 35,000l.—they have done that since the beginning, since June, 1880—no other persons have possessed that quantity of bonds up to December.
GEORGE SMITH INGLIS . I am an expert in handwriting—I have had put into my hands exhibits "G," and "J 2"—I have compared "I" and "J" and "J 2" with "G" and with the attestation clause to "H"—they are all written by the same person.
Cross-examined by MR. GRAIN. I have not the slightest doubt about it—I am positive; I can give you numberless reasons—you and I lost the last case I was in; that was our misfortune—I swore equally positive then, but the case is not finished yet—that was Dr. Palmer's case.
WILLIAM STROUD (Detective Sergeant) On 1st February I went with Sergeants Leach, Turrell, White, and Outram, to the London and Westminster Bank, Westbourne Grove—about a quarter to 3 I was called downstairs, and found Fairchild being detained, with his hand on this tin box—I said to him "What have you in that box?"—he became very violent and abusive, and refused to tell me—I said "What have you come here for?"—he said "I was told to come here with this box to put into it two paper parcels of Bonds, and I was to get 5l. for the job"—I said "Is that all you know about it?"—he said "Well, Vernon will be here at half-past 3"—I said "Very well, we will wait"—Weston was there in the other room, and must have heard what was said—I waited till 4 o'clock, and then the prisoners, Daker, Hill, and Johnson were brought in by the other detectives—I had previously said to Weston "It appears to me you know a great deal more about this matter, and it is only fair we should know; you had better put what you know about the matter in writing"—he said "Very well," and wrote this statement marked "A. "(Gall, whom I have known for six years or more, asked me to procure a loan of some hundreds for M. Groult; I met Mr. Vernon, who told me I could make a loan like that for him from Mr. Robond, and he would lend the extra money to my friend, M. Gail or M. Groult. Alden Weston. ")
After he had finished this statement he went towards the room where Fairchild was, and when Fairchild saw him, he said "You h—, you have got me into this," and struck him a blow on the side of the face, nearly knocking him down—Fairchild said "Search him; he has got a paper on him which I saw him sign for Vernon this morning"—I searched Weston and found on him the letter from Mr. Brown making the appointment at the bank—I then said to Fairchild "Now, I must know what is in that box"—he was abusive and violent, but ultimately he gave me the key, and I opened the box and found it empty—I said "Weston, it appears you are so deep in this matter that I must take you in custody with the rest," and I did so—he said nothing—there was a general charge against all the prisoners of loitering with intent to commit a felony—Weston afterwards asked for bail—I referred him to the Inspector, who said, "If you can give me any reason why I should let you out on bail I shall be glad to hear it"—Weston said "I simply introduced these parties; I know nothing about them, and it is a very awkward position for me to find myself in"—bail was refused—he gave his address, 49, Dover Street—I heard Johnson give his address at the station as 74, Colveston Crescent, Dalston—I went there the same evening, with Sergeant Turrell, and found this agreement "C." (This was for the settlement of an action on a bill for 100l.) I also found this document, which purports to be a passport, in a desk, which I opened with a key found on Johnson—it purported to be issued by the American Minister in England, to travel on the Continent, and was in the name of George Kahn, an American subject, it is vise by the Spanish and French Ministers—I also found these two books, one of which is a list of stocks and shares—they were on a table in Johnson's bed room—the other book
is entitled "How to print," giving specimens of type, some of which are marked.
Cross-examined by MR. GRAIN. I asked Weston to write down all he knew about it, and he did so, and signed it—I did not find the address where Weston had been living for some time: Sergeant Leach found that.
Cross-examined by MR. PURCELL. Fairchild asked me if I was a police officer, and I showed him my book—when I said "What have you got in that box?"Idon't suppose he knew I was a police-officer—after I had asked what was in the box, he said "Let us understand each other, who are you?"—I don't think he knew I was a police-officer when he was abusive, he may have guessed it, I did not tell him.
ALFRED LEACH (Detective Sergeant). I went with the other officers to the bank on 1st February—in consequence of a communication I left the bank and went to Norfolk Terrace, which is at the end of Westbourne Grove, and there saw Johnson and Daker in conversation in the street—I knew Johnson by sight—when they saw me they separated; I went up to Johnson and said "How do you do, Mr. Dunbar?" that was the name I knew him by—he said "That is not my name, you have made a mistake"—I said "Anyhow there is a gentleman detained at the bank, and it will be necessary for you to go with me there," which he did—upon entering the bank Mr. Gall, pointing to Johnson, said "Ah, that is the Major," and to Daker, "Ah, that is Robond, they took breakfast with me at the Alexandra Hotel"—Johnson said "This is all a mistake, I don't know any gentleman here"—Stroud then told all the five prisoners they would be charged with attempting to obtain 30,000l. by false pretences; they made no reply—I searched Johnson and found on him this embroidered pocket-book, a coupon, No. 1954, and an address, "Baron de Loander, 49, Dover Street, Piccadilly"—Weston was living there under that name—I also found an address on paper "Beaconsfield Road, Tottenham," with some peculiar marks—I made inquiries there, and find it is where Mrs. Hill formerly lived—I also found on him this book with different kinds of figures in it—I afterwards went to Holland Park Terrace and to the Alexandra Hotel and made inquiries—I knew Hill before; he refused his address—on the Wednesday following the arrest 1 went with Sergeants White and Turrell to Hill's house; I found he was living with his wife at 5, Balgay Terrace, Cavendish Road, Tottenham—I there found these two French books relating to printing, one has specimens of different characters, and the other is an advertisement of all the different kinds of printing tools—I searched Weston's house, but found nothing there bearing on the case.
Cross-examined by MR. GEOGHEGAN. I have looked through these books well, and find drawings on nearly every blank page, as if a child had been trying to draw pictures.
WILLIAM TURRELL (Detective Sergeant). I left the bank with Sergeant Outram, and saw Hill and Daker walking together to and fro outside—I spoke to Leach when he was in the bank—at that time Daker had left Hill, and had crossed the road and joined Johnson, and they were together when he came out—as Leach approached them they parted, and Daker went into a shop door close by—I touched him on the arm, and said "I am a police officer, and I want you to accompany me to the bank"—he said "What for?"—I said "There is a man there who
knows you"—he said "I know no one there"—I said "Well, you will have to accompany me"—we then went to the bank, and as soon as we got inside, Mr. Gall said "That is the man who was introduced to me as Robond"—I then told him he would be detained with the others—I searched him, and found two 10l. notes, 10l. in gold, and a quantity of silver, which I gave back to him—he gave his address as 82, Hackney Road—I went there, and found it was a second-hand clothes shop.
Cross-examined by MR. FULTON. He was known there—the landlady said he occasionally called there.
ROBERT OUTRAM (Detective Sergeant). I went with the other officers to the bank in Westbourne Grove, and remained there till about 3 o'clock, when I left with Sergeant Turrell—outside the bank I saw Hill and Daker walking up and down together, and watched them, and then communicated with Sergeant Leach—Hill then spoke to Johnson, and Daker stepped into the doorway of a shop in Westbourne Grove—we took Johnson and Daker to the bank, and then I left the bank and went into Westbourne Grove, and saw Hill walking up the Hereford Road—I followed him, and said "lama police officer; I want you to go with me to the bank"—he said "What bank?"—I said "The London and Westminster Bank, round to the left; your friend Mr. Robond and Daker are there"—he said "How do I know you are a police-officer?"—I said "I will satisfy you as to that, but you will have to go to the bank"—I took him there, where Stroud asked him his name and searched him in my presence, and found on him this small black memorandum-book and six 5l. notes—I conveyed him to the police-station—he said "I went into the bank for change for a note," and I have since ascertained that he had five sovereigns on him, and that he went in to give gold for a note—he said the clerk said "We don't give notes for change."
Cross-examined by MR. GEOGHEGAN. I was satisfied, and gave him back 15l. in notes.
HENRY WHITE (Detective Officer). I was at the bank with the other detectives, and took Fairchild in custody about 3. 30—I saw the assault which he committed on Weston, and also heard him refuse to open the box—I afterwards saw him take two keys tied together from his pocket; they both open the box—I took him to the station, searched him, and found on him this pocket-book, a gold watch and chain, a pearl and diamond pin, several keys, and a telegram addressed to Baron de Loander, 49, Dover Street: "Gall's house to-day, 12 o'clock, important. January 5th"—I also found 6l. 10s. in gold, a 5l. note, this envelope, with "6l. 2s. 9d. W. Alden, 12," on it; and underneath that "Ver, 2"—he was charged with loitering, and made no reply—at that time his eyebrows and moustache were black, but in the morning, after having a wash, they became the colour they are now—this memorandum, "6,000l. plus 10,000l. "was on the back of the telegram—he gave his address, Grand Hotel, Paris—I afterwards went to 17, Leinster Square, and found it to be a boarding-house.
Cross-examined by MR. GEOGHEGAN. Hill's house was searched a week after his arrest—we were unable to obtain his address before.
CHARLES HODSON . I am the clerk of the United States Legation—this passport was originally issued there, and it came into my hands for the purpose of putting on the seal—the name has since been taken out by acid, and another name put in—the signature is that of the
United States Minister, except the hoop of the letter E; that has been taken out cleverly, and in mending it they put a hook to it, which the Minister never does—it was originally issued to James Madigan, his wife and child; that name has been taken out and another introduced.
GEORGE JAMES RUSSELL . I am a cashier in the Birkbeck Bank—on December 5th, 1887, an account was opened by a person giving the name of Robert Daker, 74, Colveston Crescent, Dalston—this (produced) is the original document which he signed, and this is a copy of the account—I saw him, but I do not recognise him here—the number of the account is B 1450—200l. was paid in, for which I gave this receipt.
GEORGE INGLIS (Re-examined). I have compared this document (An advertisement signed Iota for the loan of 3,000l. at 8 per cent.) with this receipt, and believe they were written by the same party, but the application for opening the account is very much disguised—I think the signature "Vernon" to this letter (produced) is written by the same party.
"WILLIAM SPARROW . I am an accountant, of Farnham, Surrey—on 17th January I saw this advertisement in the Daily Telegraph requiring 3,000l.—I replied, and received this letter signed Vernon, on paper with a printed heading, "4, Holland Park Terrace." (This was headed "Re Iota 3,000l.," stating that he had borrowed 2,500l. from a friend who wanted his money back, and wished to borrow 3,000l. on the security of some Hamilton and North Western Railway bonds, paying 6 per cent. Signed JAMES VERNON.)
Cross-examined by MR. GRAIN. I wrote a reply to that but had no answer.
Fairchild's Statement before the Magistrate. "When this case has been fully investigated and the mystery of the empty box explained, it will be found that my conduct has been most honourable"
By the permission of the Court Fairchild then made a statement to the Jury, in addition to his Counsel's speech. He said that if there was any conspiracy it was not with the other prisoners, who were only tools, but between Vernon and himself; that something else was intended at the Bank, not the negotiation of Bonds; that he was introduced to the prosecutor as Lord Fairfax as a joke, and they, thinking he was a big swell, tried to get him as security; that Weston produced a genuine Hamilton Bond and promised to hand over about 35,000l. worth of them; that Vernon had stolen some French bonds in France and tried to negotiate them in England, he could not be charged here with stealing them abroad; that the man who stood in the Bodega had those bonds in a bag, but they were not Hamilton Bonds, and he called upon Sergeant Outram to prove that he told him this.
ROBERT OUTRAM (Re-examined) At Marylebone Police-court Fairchild told me that it was all bogus about Hamilton Bonds, that he had six or eight, but what they had got were French Rentes, City of Paris, and Paris de Ville, the result of the big job; I knew what that meant.
FAIRCHILD then PLEADED GUILTY to a conviction at Middle sex Sessions in July, 1887, of obtaining money by false pretences; also to a conviction at this Court in May, 1881, of uttering a forged order. HILL PLEADED GUILTY to a conviction at this Court in May, 1885, of obtaining money from the London and North Western Railway Company.— Eighteen Months' Hard Labour each. The COURT commended the skill of the police.
OLD COURT.—Saturday, March 3rd, 1888.
Before Mr. Justice Hawkins.
MR. POYNTER Prosecuted.
GUILTY . — Five Years' Penal Servitude.
MR. LAWLESS Prosecuted; MR. ABINGER Defended.
NOT GUILTY .
367A. ALICE MARY PAYNE (24) PLEADED GUILTY to stealing a brooch and ring, the goods of John Marks and others; also to stealing a gold watch, the goods of James William Benson; also to stealing a gold and diamond ring, the goods of Alfred Shepherd and George Reed; and also to stealing a chain, the goods of Samuel Smith and others. The prisoner received a good character.— Discharged on recognisances in 50l. to come up for judgment when called on.
THIRD COURT.—Saturday, March 3rd, 1888.
Before Mr. Common Serjeant.
368. WILLIAM GANT GRAHAM (36) , Unlawfully obtaining by false pretences from Mary Gorton 1l. 18s. 6d. with intent to defraud, and other Counts for obtaining other sums from other persons with a like intent.
MESSRS. POLAND and BODKIN Prosecuted; MESSRS. BESLEY and F. HUTTON Defended.
MARY GORTON . I live at 18, Belsize Crescent, Hampstead—in October I received a circular similar to this, with patterns similar to these, and with the name Hughes, Lockwood, and Co. printed on the front page—the same day that I received it the prisoner called and wanted to know if I wanted anything respecting the circular that had come by post that morning—I gave him an order for some goods, of which patterns were attached—he referred to the circular—he brought forward a parcel containing several pieces of cloth, Scotch costume tweeds, cloth that is used for ladies' dresses and jackets—he said there were 20 yards of stuff at 1s. 10d. a yard—these pieces of cloth were unrolled, they were double width—he said each piece was 20 yards—he said one of the chief inducements for my taking the dress was that he would send a tailor any day I liked to name, and that he would have it made up for 7s. 6d., including 12 dozen yards of braid, the lining and buttons—I said I thought that was exceedingly cheap; he said that it paid him to sell it by selling the quantity—he said nothing about Hughes and Lockwood—I purchased a piece of cloth and paid 1l. 18s. 6d. for it—my husband's sister was present, she purchased a similar piece of cloth for the same money; she was present during the whole of the conversation—she is away now in Lincolnshire—an appointment was made for a tailor to call on my sister on Saturday morning at 12 o'clock at another house where she was going to—directions for his calling were given to the prisoner—he said the goods I had ordered from the patterns would possibly be sent the following week; he would bring them himself—the tailor did not
come, and the goods I had ordered never came to me—I measured the cloth next week and found there was 8 yards of double-width.
Cross-examined. Sergeant Richards has charge of it now—it was opened and shown to me like this, only to more advantage to the stuff—it was put in folds so as to show the quality—I examined the tweed to see if it was good quality, and was fairly satisfied with it—my sister was going to another address, 148, Portsdown Road, and that address was given to the prisoner—I was not there on Saturday or Sunday, but I was on the Tuesday following—I cannot remember how many dozen handkerchiefs I bought; it was a large order, about 3l. altogether—the mention of the tailor partly affected me in making the purchase—I did not say it was the chief inducement—I had never employed a tailor to make a dress before—I thought the proper charge for making a tailor-made dress was two guineas; that does not include the 12 dozen yards of braid; that would cost about 1l.—I thought I could get for 7s. 6d. what ordinarily cost 3l.—that was quite enough inducement for me to buy the tweed—it would require from 20 to 24 yards of single width to make a dress, according to the size of the person—double width is not twice as much as single width—I saw it was double width when it was unfolded, and I did not ask to measure it—I am accustomed to handling goods when I go to sales.
Re-examined. Eight yards would not be sufficient for a dress—I believed all the statements the prisoner made to me, and believing them I parted with my money.
ELLEN WALKER . I am the wife of Dr. Thomas Walker, of 1, Park Villas, Willesden Park—on 4th January I received a circular like this (produced) by post from Hughes, Lockwood, and Co., with patterns attached to it—the prisoner called on me on the 5th, and said he was the agent of Hughes, Lockwood, and Co., of Belfast—I had known the name—he said they were bankrupt and were selling their stock, and showed me some patterns of twill silks and pocket handkerchiefs—I then gave him an order for some of those things—he then opened a parcel, and said he had some remnants of Scotch tweed—I had noticed that the circular referred to pieces of ladies' Scotch tweed—he said there were 20 yards in the piece and it was double width—he then opened it, and I took hold of one end and he took hold of the other—my husband was present—he said he would send a tailor and have it made up if I liked, and he would bring him on the following week when he brought the other goods, and it would be made up for 7s. 6d.—I believed those statements, and asked my husband to pay him the money, and he paid him 1l. 18s. 6d. for the cloth—I did not see him again till he was in custody—I had no visit from the tailor, and the other things that I ordered were never sent—afterwards I measured the cloth, and found there were only 81/4 yards—I saw my husband write a letter, and saw it addressed, but I have not brought it here—I afterwards saw that same letter come through the dead letter office.
Cross-examined. I have bought several dresses before this at shops—on those occasions I examined the quality of the material—I examined the quality in this case—I did not open it to see if it was doublewidth—I knew that 20 yards would make a dress, and I should think 20 yards of double width would be enough to make two dresses—I thought the quality was fairly good—I have employed tailors to make dresses several
times—the tailor found the material, and he would then charge for the whole—sometimes it would be 4 guineas, sometimes 5 and sometimes 6—the lowest price was 4 guineas—I thought the dress was cheap if the tailor came to make it up for that price—the fact of the tailor coming induced me to buy the stuff, also the length of the cloth.
THOMAS WALKER . I was present when the prisoner had an interview with my wife and when the purchase was made—I paid the 1l. 18s. 6d., for which I have this receipt (produced). (This was on a printed form, and stated, "January 5th, 1888. Received of Mr. Walker the sum of 1l. 18s. 6d. for one remnant of tweed. With thanks, Hughes, Lockwood, and Co. W. G") I was present during the whole of the conversation between the prisoner and my wife—he said something about having sold a large amount of this material to Shoolbred—that was before the purchase was made—afterwards, when it was found there was only 81/4 yards instead of 20, I gave information to the police at Whitehall Place—I have an entry of the day in my book; I believe it was 9 or 10 days after January 5th—I afterwards wrote a letter; I believe that is in my letter-rack at home.
Cross-examined. I don't know the value of these materials myself—I was not examined before the Magistrate—I first gave an account of this conversation to the detective about nine or ten days after January 5th—the prisoner referred to Shoolbred in this way, either the words were, sold so many yards, 500 or 600, or something in that way, I cannot say the exact words or the amount in money—I did not notice at the time that by the receipt I was paying "W. G."—I believe the receipt was written and torn out of the book at the time—I would not have paid anything if my wife had not approved of it, it was at her request I paid.
Re-examined. The printer's name on the receipt is "Fulford, King's Cross, N."
EMMA FERGUSSON . I live at St. Mary's, Willesden Green, and am a widow—somewhere about 4th January I saw a printed circular like this one produced, with patterns attached to it—some person of the name of Bell had called first, and afterwards, on the 7th, I saw the prisoner—he said he was employed by an agent who lived in the London Road, who was a bankruptcy agent, and Hughes, Lockwood, and Co., being bankrupt, his employer was sending men about the country selling their bankrupt stook—he said Hughes, Lockwood, and Co. lived at Belfast, but they could not get rid of the things in Ireland—I said "Why did not the trade take them, they seem so cheap, cheaper than wholesale?"—he said "The Trades Protection Society stepped in and prevented it"—I then gave him an order for some goods, which were to be delivered on the following Saturday—just as he was going away he said that he had a few pieces of tweed for ladies' dresses, but he had not many left, they were of wonderful quality and very cheap, would I see them?—I said I did not want any dresses, but as he had the tweed there I would see them—he then went to the door and brought in some tweeds, and I unfortunately bought four pieces—I asked him how much there was in the piece, and he said 20 yards, sufficient to make a lady's dress and jacket—I asked him how much it would be a yard, and he said 1s. 10d., and they were worth a great deal more—I remarked that it did not strike me as very cheap, but I had confidence in what he said, that they could not be bought at the money—he said something about the Queen wearing dresses like them in the Highlands, and said they were
worth about 10s. a yard, but I did not believe that, I only smiled at it—he then said that the firm had found a difficulty in getting rid of their dresses because their own dressmakers would not make them up, and to help them to get rid of this large stock they had employed a very good tailor, and for the extra sum of 7s. 6d. their own tailor would make up the dresses—the 7s. 6d. was to include buttons and braid to trim, and I remarked that that was the way they got rid of their buttons and braid—he said he would bring the tailor when the goods were delivered on the following Saturday—I thoroughly believed those statements—I then proposed that the tweeds should be paid for when he came with the tailor, in fact I said "I cannot pay you now, I have not sufficient money by me"—he said "I will take your cheque"—I rather demurred taking one or two of the dresses, as one of my daughters was not in, but he said if she did not like it, or I did not want either of them, he would give me my money back next Saturday, or change it for another—I said "If that is the case, I will write you out a cheque," and he asked me to make it payable either to himself or to the firm—I then wrote out this cheque and gave it to him. (This was dated 1th January, 1888, and was on the National Provincial Bank of'England, and stated "Pay Messrs. Hugh and Lockwood, or bearer, 7l. 6s., Signed, Emma Fergusson," and was endorsed"Hughs and Lockwood") He did not endorse it in my presence—he gave me this receipt. (This was dated 7th January, and stated "Mrs. Fergusson, 7l. 6s., for four remnants of tweeds, with thanks. Hughes, Lockwood, and Co.) He did not come with the tailor on the following Saturday—the cheque was returned to me through the bank—a little suspicion began to cross my mind, and I measured the pieces of cloth ana found there was not more than 81/4 yards in any of them—I am now open to an offer for these cloths; at this rate I paid nearly 5s. a yard.
Cross-examined. The dresses and jackets were for myself and my two daughters—I was the first witness called before the Magistrate—I remained in Court and heard the other witnesses—I can remember perfectly what passed; I said "I could not find the circular, and he said he would show me one like it"—I never saw it after he left the house—as far as I can recollect, the circular he showed me was one of Hughes and Lockwood's, of Belfast, but I have lost it; it had patterns on—I looked at the patterns, the prices seemed very cheap—I gave him an order on the patterns for about four dozen of handkerchiefs, and about a dozen silk ones, and dusters, and about twelve yards of sheeting and other things perhaps—I said before the Magistrate that he said there was sufficient in each piece to make a lady's dress and jacket; I have never departed from that; it is a mistake on the part of the clerk if in the depositions it is "lady's dress"—I examined the quality of the tweeds; they were unfolded sufficiently over a chair-back—he opened a great many out together, a few yards of each piece, so that there seemed a great quantity—I have bought material in single width to make a dress—there is enough in twenty yards of single width to make a dress, but it depends on the dress—I never had a dress made by a tailor and do not know anything about their charges—I thought the making it up for 7s. 6d. and finding twelve dozen yards of braid and so forth, extraordinarily cheap, or I should not have allowed him to come—it was not exactly with the bargain of having it made up so cheaply that I made the purchase, the dress had as much to do with it as the other—I was
debating about buying it before I heard about the tailor, that was an extra inducement; without it I rather think I should have bought one or two pieces, but not so many; I was doubting about it before that, and should have bought a dress I think—I cannot say positively one way or the other—very likely the introduction of the tailor turned the balance and decided the purchase if you take it that way I will say yes, it does not signify—I wrote this address on the back of the receipt at his dictation—I did not ask him for a discount; he gave it; he told me he allowed 2s. on each dress taken after one; I just did this to show I was paying the right sum—he told me with regard to my daughter if there was the least dissatisfaction about either of the dresses he would take back the dresses and pay back the money, or supply others—he gave his name as Graham, and said if I wrote there he should get the letter—I asked his address; he gave it me, and I wrote it down—I saw the cloth was double width when it was shown to me.
Re-examined. He stated each of the four was 20 yards—I worked out the price of each on the back of the receipt, believing there were 20 yards in each at 1s. 10d. a yard, and I paid accordingly—the address he gave me was William Graham, 125, London Road.
SARAH JANE CAMPBELL ST. CLAIR . I live at Carlton Road, Putney, and am a schoolmistress there—on 12th November I received a circular similar to this, with the name of Hughes and Lockwood printed on one side—on Tuesday, 15th November, the prisoner called, and said he was agent for Hughes and Lockwood, a bankrupt firm in Belfast, for the pupose of selling off their goods—I inspected the patterns, and gave him an order for some goods to which the patterns had reference—I asked him to give me a rough estimate of what the order I had given would come to, and he said "Between 7l. and 8l."—I said "Shall I pay you now?" and he said "No, on delivery of the goods"—the goods were to be delivered that day week, the following Tuesday—then he produced some pieces of cloth, and asked me to allow him to show them to me—I said "No, I don't wish to see them; I never buy goods at the door"—he wished to show them—I said "You may show them, but I shall not buy them, because my dressmaker would not make it up unless I bought the stuff of her"—he said he employed a tailor to make up the dresses for 7s. 6d., including buttons and braid—he said he had sold 1,000l. worth of cloth, similar to what he was showing me, to Shoolbred's—I looked at the pieces, and bought four of them—I paid 7l. 6s. by cheque for the four—the tailor did not induce me to buy the dress, because I am not fond of cheap things, but he said the tailor would send home the things on the Saturday, and I wanted a dress quickly made, and that induced me to buy—he said there would be a dress and jacket out of each piece, and the tailor was to come on the Tuesday, and the dresses would be sent home on the following Saturday—the goods did not come for which I had given an order, nor did the tailor—I have not seen the defendant, except in Court, from 15th November until now—not having received the goods, I telegraphed to Hughes and Lockwood, Belfast—I did not know the address, as the prisoner took my circular away—I had a reply to that telegram—I received a receipt when I paid the money—I sent it to Scotland Yard, and afterwards destroyed it—it was signed "W. Graham," not "Hughes and Lockwoood"—I had two pieces of the cloth made up—he pressed two other pieces on me, saving perhaps a friend might like them—there
was not sufficient in a piece to make a dress and jacket—there was sufficient to make up a dress with some silk; it is as scrimp as it can be—I don't know how many yards there were in it—I remember the first long dress I had took 20 yards.
Cross-examined. I have bought a tailor-made costume for a light summer tweed dress; I paid three guineas—it was the ordinary fashion of the day; that is the ordinary price—the quality of this stuff is pretty good, I should think: it was made up by a dressmaker, and a rather inefficient one, at the end of January—she took it home and cut it out—this silk ornamental part of the dress is not unusual—one of these dresses was for myself, and one for my sister, one which I thought would make up in the spring, and one for a present to any one—the quickness of gertin gthe dress was what induced me to buy—I have not sent the materials to a dressmaker except in this one instance—I did not feel the material or examine it; he held it out—I looked at it; I saw it was double width—I said before the Magistrate "My sister told me about Graham speaking of eight yards in each piece"—she was present—I could not recollect, but I asked her when I went home after the first examination, and she said something about eight yards.
JOHN CROSS . I am a buyer at Shoolbred's, 156, &c, Tottenham Court Road—I know nothing of the prisoner—I should as buyer know if 500l. to 1,000l. worth of bankrupt stock had been purchased by my firm—I should be the buyer of these tweed things—it is not true that we bought any bankrupt stock of the prisoner, or of the firm of Hughes, Lockwood and Co., of Belfast.
Coss-examined. I should say these tweeds were made at Leeds, Glasgow, or Galashiels—we buy 1,000l. worth of tweeds in the course of a year—we don't buy it in dress pieces—about 20 yards single width would make a dress, but 20 yards double width would not make two.
CHARLES EDWARD BELL . I live at 15, Marsden Street, Kentish Town, and am a porter—I have acted as porter to the prisoner since 25th February, 1884—he gave me 18s. a week—I carried a large parcel about London, and all round London and the suburbs—I have not been to Yorkshire or Lancashire—I have been to several printers at the prisoner's request—Pottage is the name of one I have been to to got an estimate for printing circulars similar to these in the name of Stott, Clarke and Co.—on each occasion I went to Pottage's I did so at the prisoner's request—I have been to Mr. McCarthy's, of 50, Milton Street, City, for cloth in consequence of directions given me by the prisoner—the pieces of cloth I bought were always from eight to nine yards long, never under, but many times over—I paid from 2s. to 4s. a yard for them—I have never been into people's houses when the prisoner was offering the cloth for sale—I brought the parcel to the door and went away—I was not employed the whole year in going round with this cloth to different houses—in January this year the prisoner was living at 25, Percy Circus—I cannot say that I ever knew him to be living at 125, London Road.
Cross-examined. I never called at that address, and know nothing about it—a hawker's license was taken out for me in December, 1884—Mr. Graham did not go about in a horse and trap to my knowledge—I always carried the pack on my shoulder—on one occasion I was sent by
my employer to an address, with some money, and I brought away some tweed—I have never been present when he has sold the tweed.
JOSEPH POTTAGE . I am the son of a printer, of 6, St. Pancras Road—I know the last witness—we have printed these circulars, Hughes, Lockwood, and Co., Peter's Place, Belfast, for him—there were three or four different orders of 500 each going back about six months, I fancy—I believe we have printed one lot of 500 of those, Stott, Clarke, and Co. 's circulars—I have proofs of others I have printed—there are some in the name of Taylor, Kelly, and Co.; it is a stereotyped form, with the exception of the name—I have got them in 40 or 50 names I should say, about that—we were paid in the ordinary way by cash—I am not in partnership with my father—this is my bill for some of the printing for 1887.
CHARLES RICHARDS (Detective Sergeant). On 28th January I was in company with another sergeant in Bond Street—we saw the prisoner at the Blenheim Hotel—I said to him "We are police officers; what is your name?"—he replied "Graham"—I said "I hold two warrants for your arrest"—he said "Then I suppose if you produce them I shall have to go with you"—they were taken out by Mrs. Ferguson and Mr. Walker—I read the one taken out by Mrs. Ferguson; they were both the same—he said "Yes, I did call on Mrs. Ferguson, but I did not swindle her"—the warrant was for obtaining money by false pretences—I said "The other one is taken out by Dr. Walker, and is similar"—he said "Very well"—I then took him to Scotland Yard—as we were going down the stairs into the office he took from his pocket a circular, and threw it on the ground, "Genis and Sullivan, Donegal Place, Belfast"—Serjeant Denys showed it to him—he said "I did not throw it away; I know nothing about it"—he said "What is the fraud?"—I said "You will hear that later; it is something about the firm of Hughes, Lockwood, and Co., of Belfast"—he said "Then I can tell you at once there is no such firm"—I searched him, and found this portion of a circular headed "Hughes, Lockwood, and Co."—at that time another man was in custody who was afterwards released—the prisoner gave the name of Graham, 25, Percy Circus, King's Cross—Sergeant Denny found at that address these cards, some are "W. F. Gant," and the others "W. F. Graham," with the address "25, Percy Circus."
Cross-examined. Hawkers' licenses are granted and registered by the police—if we saw a man with a pack in the street we might require him to show his license; a member of the public has no right to see it, only excise and police-officers—the only person who was before the Magistrate in reference to this charge, except the prisoner, was Bell, and he was discharged, as the Magistrate thought that there was not sufficient evidence against him; there was some.
WALTER DENNY (Policeman). After the prisoner was in custody I went to 25, Percy Circus, the address he gave, and I found these papers there, "Hughes and Lockwood," "Stott, Clarke, and Co.," "William Gant and Son, of Galashiels."
Cross-examined. It was for selling without a hawker's license, very much in the same way as is proved in this case—I had complaints of
such sales being made under such circumstances—I believe he has not been charged with this offence till February, 1888.
MISS ST.CLAIR (Re-examined). This is my cheque-book, out of which I took the cheque—this is not the counterfoil—my bankers are the British Linen Bank, in Lombard Street—I had the cheque back, and destroyed it—it was payable to "William Graham, 7l. 6s."—it came back stamped as if it had been paid, and with the perforated thing and a dash over our name.
GUILTY . — Six Months' Hard Labour.
OLD COURT.—Monday, March 5th, 1888.
Before Mr. Recorder.
MR.MOYSES Prosecuted; MR. GRAIN Defended.
THOMAS SALTER . I am a clerk in the filing department of the High Court, Chancery Division—I produce the petition and the accompanying affidavit verifying it, sworn in the matter of the Northern Transvaal Gold Mining Company.
SIDNEY CASBOURNE . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House—I produce the file of proceedings in the North Transvaal Gold Mining Company. Limited—the file contains two agreements, one of December 7th, 1886, and one of 14th January, 1887. (The agreement of December 7th, 1886, was between R. E. Worthington, the vendor, and Joseph Seymour, the purchaser, for the purchase and sale of 6,300 acres of freehold land in South Africa for 20,000l. to be paid in 20,000 fully paid-up 1l. shares. A list of persons holding shares in a Company was here put in, among which were General Alexander, 100 shares; Burchell and Co., 50, Bedford Row, 2,000 shares; R. Cusach Smith, 1,000 shares; and others.)
FREDERICK WILLIAM FAGG . I have been secretary of the Company since January, 1887—I believe the defendant had a prospectus—I know the defendant's writing—this affidavit is signed by him—the registered offices of the Company are St. Stephen's Chambers, Moorgate Street—I have a copy of the actual agreement upon which the Company was based at my office, Albert Buildings, when the Company had offices there—it was dated December 7th; any shareholder upon application might have seen it there or at Somerset House—I was secretary during the proceedings to wind up, and was present during the whole of the hearing—there is no truth in the statement that the foundation of the Company was an agreement, dated October 16th; it is absolutely false.
Cross-examined. Mr. Perryman is the prosecutor—I have not seen him here—he was here on Friday and Saturday—I went before the Grand Jury; he did not that I know of—I forget if he was present on the day I went before the Grand Jury—I saw him on Saturday afternoon, after I knew the case was to be tried the first thing this morning—he did not mention a word about coming—he talked about the case, and I understood I should meet him here this morning—I cannot tell you who Morris Stuart is; I never saw him—this is my letter: "March 10th, 1887. Dear Sir,—I am in receipt of your favour of the 8th instant, and
note its contents with regard to Morris Stuart, who, I understand, is a highly respectable man. I should say that prior to my being appointed, I believe he offered his services in placing the shares of the Company; knowing a good deal about Transvaal matters, and feeling assured of our ultimate success, he felt justified in offering the investment to his clients and the public generally. The share list being closed, and no more shares to be obtained at par, I should certainly think we ought to stand it a small premium. Trusting I shall hear something about the missing letter, I am, dear Sir, your obedient servant, P.W. FAGGE, secretary"—I never saw Morris Stuart—I do not know that Mr. Perryman himself signed the agreement for taking the offices at 60, Queen Victoria Street, for Morris Stuart and Co., in his own handwriting; I know nothing about it; I always speak the truth—when I wrote that letter I knew of the firm of Morris Stuart and Co., 60, Queen Victoria Street—it is on the opposite side of the road, nearer the Bank—I have been there, and on one occasion in the private room I saw an elderly gentleman with his back towards me—I did not see his face—I saw two clerks; one was a boy, the other a man—the business is a stockbroker's, I believe—I have seen several of these circulars—Mr. Perryman gave me some since these proceedings—I did not see these in May, June, and July, 1887, at the offices of the Company; I swear that—Mr. Perryman brought them to my office to show me—I mean my own office: I had an office of my own besides the office of the Company—I think I know Mr. Perryman's writing—I know nothing of Burchell and Co.—I should say those letters are in Mr. Perryman's writing—I did not see him write them—I do not believe Mr. Perryman was Burchell and Co., of Bedford Row—Mr. Thomas Cowley, of Bolton, Lancashire, was not a bona fide shareholder; he was one of the vendor's nominees—he did not pay me any money—I do not believe Perryman was Burchell and Co., and nobody else; I do not know it—this letter of October 8th is Perryman's writing, I believe. (This was a prospectus of the mine, signed Burchell and Co.) I still believe that Perryman is not Burchell and Co.—I understand that Perryman had business transactions with Burchell and Co.—I never saw anybody named Burchell there—I called there once, and the office was shut. (A letter of October 12th, 1886, stating: "There is a mine in the neighbourhood whose shares of 1l. each were quoted on Saturday at 220l." was here put in.) I believe that mine is the Central Transvaal. (A letter from Burchell and Co. to Thomas Cowley was here read, dated October 19th, which stated: "We require you to consider this prospectus as confidential; we are only able to show it you through our influence with the vendors. We are not touting brokers nor thieves like A., P., and Co. "That is Abbott, Page, and Co. (The letter then referred to Craven Brothers) I do not know who Craven Brothers are—there is a shareholder named Craven—I do not know that Perryman, alias Morris Stuart, alias Burchell, is Craven also; I believe he has nothing to do with Mr. Perryman—he need not smile, I can see him—I am on my oath—this letter of November 18th, from Burchell and Co. to Cowley, "We think you are losing a good opportunity in not seizing more of the North Transvaal," and the slip attached to it are, I think, in Perryman's writing, but I do not think the lead pencil is his. (Another letter from Burchell and Co. to William Hurlott, dated October 21st, 1886, enclosing a pamphlet, and stating that there were applications for twice the number of shares issued, and
principally from the Stock Exchange, was here put in.) I made this statutory declaration before the late Lord Mayor about March 28th, 1887: "I, the undersigned Frederick William Fagge, do solemnly and sincerely declare that the sum of 500l. sterling is the full and entire purchase amount paid by me on behalf of the Northern Transvaal Company, for a certain farm in the district of Waterberg; and I further declare that I bought the said farm of Robert Edgar Worthington on March 23rd, 1887, and not before; and further, that I am the only person to whom the said farm was sold. All this I solemnly declare without any reserve whatever; and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statute"—that is not absolutely untrue—you are raising the question of the 500l. that was the excess value of the shares given to the vendor; in substance it is true, literally it is not true—the 500l. was put in as the assessed value of the shares, a nominal sum as consideration for the property; it was necessary according to Transvaal law—the purchase-money was all in shares, that made it necessary to insert some name—not one single penny-piece passed from me to Edgar Worthington—I knew that at the time I made this declaration—Mr. Perryman knew that I was going to make it—it was decided on at a Board meeting that I should make it—I did not put it in the book till 25th March because I did not pass the property till then—I did make that solemn declaration to defraud the Transvaal Government. (The minute book was. here put in, which stated "A letter from Mr. C. Perryman, dated March 1st, 1887, was read and the secretary was instructed to reply that the Board are of opinion that the consideration for the purchase of the property should be stated as 500l. if Mr. Worthington approves there of") That letter is not here—I am not certain whether Mr. Perryman was present when that passed—we bought the property for 20,000l. in shares only, and until the property was worked it could not be said to be worth 20,000l. sterling—if we had put" shares" they would have charged duty on 20,000l. sterling—after making inquiries I was advised by a solicitor, Mr. Cusack Smith, to make that declaration; he is dead—I argued it with Mr. Battams and Mr. Cusack Smith—the advice I really took was that of a Transvaal gentleman—Mr. Battams is not here; his address is 71, East cheap—he is acting for me—he knew that I was going to make this declaration—there is a property in existence, but not one single stroke of work has been done on it by us or by anyone on our behalf—no one on behalf of the Company has been to the property yet—it is not true that it is impossible to find it—in the agreement, I vouch for; Mr. Suckling as being the person who is to go out—I received this letter from Mr. Suckling from Pretoria, dated June 1st, 1887, as secretary. (This stated that he had been engaged upon the Company's title deeds; that none of the farms in the Waterberg district had been surveyed, or any beacons put up, consequently no one could point out any particular farm, and doubtless many farms would be found to overlap and have to be curtailed or cease to exist altogether; that the Government would shortly make a survey and map of the farms, and until this was made everything was in complete confusion and doubt; that no one would be allowed to claim his ground or commence mining operations, and, if they did, and it should turn out they were not the rightful owners of the property, they might be called upon to pay compensation; and that the correct number of the farm was 601, and not the number appearing on the documents sent
out to him.) We have sent out a 5-stamp mill, purchased of Messrs.
Sandycroft, of Cheater, for about 200l., and stationery, but no other machinery—the machinery is now at Pretoria—the sum to the credit of the Company at their bankers is under a sovereign—that has been the state of the acoount for some time—we had to find money for the case in the High Court against the defendant—the costs have been paid, but it has come back—it is in the solicitor's hands—in July, 1887, we had more than 1l. in the bank; something under 50l.—this is a prospectus of the Company—in it reference is made to a report of C. S. Dry, Esq., mining engineer, who has examined the property—I have seen that report; it is in the possession of John Vernon and Co., our solicitors—I have not made inquiries in order to see whether such a person as C. S. Dry exists—I have read the defendant's affidavit, to which is attached a letter from Pretoria, dated August 26th, stating that no such farm as Poort was registered in the Government books, that no such farm existed, that inquiries had been made about Mr. Dry, but no such person was known, nor was Mr. H. Townsend, the gentleman who was said to have made the assay—they are all wrong about the Poort farm, because it has been found, and we have got the title deeds—Mr. Suckling is not here, it is six or seven weeks since I saw him—he has not seen the property—I do not know who Ross and Pomeroy are exactly, I think they are a connection of Mr. Perryman's—"The Mining Trust Register, Ross and Pomeroy managers, stockbrokers, Tower Chambers, Moorgate Street"; upon my oath I do not know that Perryman conducts his business there—I have been to his chambers and seen him there, but not frequently—there is business done there I believe; I have seen two men clerks writing letters—Ross and Pomeroy are not on the Stock Exchange, they are outside brokers—Burchell and Co. had nothing to do with the Company; they had something to do with its formation—Mr. Perryman acted as the vendor's agent—it is not known how mueh Edgar Worthington gave for this farm; I think the deeds will show—I do not recollect a document attached to my affidavit, because it was in Dutch—it appears that in October, 1886, Burchell alias Perryman is writing these letters; the prospectus is issued in that month; and yet it was not until May 5th, 1887, many months afterwards, that Worthington acquired any title—that agreement is not necessarily fraudulent—the agreement of December 7th stated that the farm consisted of 6,000 acres, and that the purchase-money should be 20,000l.—I believe that to be a true agreement—you must remember that the property was a long way off—I believe the title deeds were given prior to October, 1887, and you must accept the explanation of the distance from England, I cannot help it—sometimes two ounces of gold per ton does not pay, but in many places a trifle under one ounce will pay well in working a gold mine—this says "The vendor has not sufficient capital to work it up for himself," that was in December, 1886—I was not cognisant of this circular being issued—I did not become acquainted with the Company till January last year, but after that I knew of it—we have not paid a penny piece dividend yet, the Company has not commenced working—Mr. Suckling is going out again this month—Burchell and Co. owe us l,500l., you say that is Perryman—they subscribed for 2,000 shares and paid 500l. as deposit by cheques; Mr. Perryman paid them, not in his own name—the cheques were paid to him first by the Company, and he returned them to the Company—the Company found the 500l. for Mr. Perryman, and Mr. Perryman, as Burchell and Co., handed
that sum back to the Company as deposit-money on the application for 2,000 shares—beyond that 500l. Burchell and Co. have not paid anything at present—we have attempted to get it, but unsuccessfully—I called there once for it, and I have written to them, I think I heard from them once; I do not recollect whether it was in Perryman's handwriting—when I made the declaration at the Mansion House I did not see Mr. Worthington; I have never seen him; I have seen the declaration which he made, in which he states that he sold the property on March 23rd, 1887, to Mr. Fagge; 23rd March is the day I gave up the vendor's shares to his agent, Mr. Perryman—I always looked on Perryman as the vendor's agent—I do not know that Perryman is Worthington; I should say not—Q. Is not Perryman Worthington, Seymour, Burchell, Craven, Morris Stuart, Ross, and Pomeroy?—A. No, Craven was in opposition to Mr. Perryman—I do not believe that Perryman found the money for directors to qualify for their shares—Mr. George Lewis stated that Mr. Perryman found the necessary money for each of the directors to qualify as directors; Mr. Perryman denied it—he showed himself at Bow Street—how should I know whether he shows himself to-day; I do not think there is any necessity.
Re-examined. This (produced) is a copy of the prospectus sent to the directors, it was issued the first week in November—the defendant was not present at the proceedings in Chancery to my knowledge—I have some shares in the Company which I bought a fortnight ago—Mr. Suckling has been out, and he is going again this month, to continue his efforts on behalf of the Company—it cost 1,500l., if not more, to send him out before; and the stamp mills cost 500l., they are by Sandicroft; the expense of the machinery is not so much as the freight and taking it up country in bullock-waggons; with regard to the declaration, the Pretorian Government would charge 4 per cent, on the purchase-money, which would cost us 800l.—it made no difference whether we paid that in money or shares—at that time part of the purchase-money was in shares; we issued the purchase-money at 500l. shares as an equivalent, and we had to pay the Transvaal Government 4 per cent, on 500l., a duty of 20l.; thereby we saved the shareholders 780l.—we took the advice of a barrister and a gentleman who had been out to the Transvaal—we have only 100l. at the bank—the assets of the Company are the machinery, the property itself, the unpaid calls, and also money in the hands of Messrs. Vernon and Co. recovered from the defendant—it has not yet reached the coffers of the Company, nor what was paid to defend the case in the first—it put the Company to a great deal of expense in defending the action brought by the prisoner—the amount of unpaid calls is 2,000l.—if it had not been for the attempt to wreck the Company we should have had some of that before this—Ross and Pomeroy are outside brokers—it does not follow because stockbrokers apply for shares that therefore they are for themselves—I am still secretary of the Company and a shareholder as well—my opinion is that the Company undoubtedly has a property, and I believe it is a bona fide concern; if I did not, I should have resigned months ago—the 500l. paid by Burchell and Co. reached in cash the pockets of the Company—the Company owed the money to Mr. Perryman, it was part of expenses and things, and he handed it to the Company back again on account of Burchell and Co.; they have not paid the balance of their calls, partly owing to these
proceedings—I was promised last July they would pay another 500l. to send out to Mr. Suckling, and then that financial rag, the Financial News, stood against us and attacked the Company very much—persons connected with that paper supported Mr. Emmerson in his proceedings, and at Bow Street and here too; it is a touting rag, blackmailing.
By the COURT. I have seen the title deeds; there was a survey in 1869, I believe, and a little place in the corner pointing out the degrees of latitude and longitude, so that we might know were the property was—as a matter of fact, the property has never been properly surveyed—I have seen the Transvaal commissioner's report—we had the title deeds in Court—the Government never put up beacons and boundaries, and much litigation arose, and the Government said we "Will resurvey the property and have it properly marked out, and then you can go and claim your estate."
By MR. MOYSES. The Central Transvaal Company referred to is an African, not a London Company.
(Mr. Perryman was called on his recognisances but did not answer.)
NOT GUILTY .
Before Mr. Common Serjeant.
MR. WARBURTON Prosecuted.
ALFRED MAYNARD . I live at 18, Pitt Street, Canning Town, and am a job-master—I know the prisoner—on 4th June last year he came, about 4 p. m., and hired a pony, trap, and harness for four hours, and paid me 5s.—he left with the pony, cart, and harness; he did not return—I communicated with the police next morning—I next saw the prisoner on 12th February at the police-station—I have never since seen the pony, cart, and harness—the value of them was 25l.
EDWARD CANNEL (Police Inspector). I was in charge of the Plaistow Police-station on 12th February, at half-past 12, when the prisoner came in and said "I am William Bailey, and come to give myself up for taking Mr. Maynard's pony and trap in June last"—I said "What do you mean?"—he said "He says I stole it "(meaning Maynard)," but I lost it"—I said "Have you seen Mr. Maynard"—he said "No"—I detained him and he was afterwards charged—we had been looking for the pony and trap.
WILLIAM GOLDING (Detective). I was at the police-station at Plaistow at a quarter to 1 on 12th February—I said to the prisoner "I am a police officer; is your name William Baily?"—he said "Yes"—I told him he would be detained till Mr. Maynard arrived, and he would then be charged with stealing a pony and harness belonging to Mr. Maynard—he said "I never stole it; I lost it at Epsom"—Epsom is more than four hours' drive from Plaistow—I have been there and made inquiries.
The prisoner in his statement before the Magistrate and in his defence said that he hired the horse and trap, but that he had a fit, to which he was subject, on the road, and did not know where they went to.
GUILTY . — Nine Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
JAMES LESLIE . I live at 2, Essex Villas, Birkbeck Road, Leyton Road, and am a saddler—on 3rd February I was in The Grove, Stratford, about 8 p. m., when the prisoner put his hand to my watch-chain and gave it a pull and almost snapped it—he had a bag hanging over his shoulder; he passed that partly over my shoulder; it covered his hand, and then he passed his hand across my breast and pulled my guard, and wrenched it so that the watch was hanging to the chain on a hair's breadth, when I took his hand—the watch was there, and when I took it it fell away, the chain was wrenched off by the bow—neither watch nor chain was taken; I have it intact now—I said to the prisoner he was a nice fellow, attempting to take my watch—he went round the crowd—he looked over the crowd as if paying no attention to what I said, and directly he went round the crowd I told another person—the prisoner gave two more friends the tip; they all went away together up the Grove—I followed him up to the avenue by the Congregational Church, and directly he got in the avenue he started running and went out of sight—about an hour after I saw him in the High Street near a butcher's shop—I saw the other two men; I could not identify them—directly the prisoner saw me he made off up the street walking as fast as he could and keeping looking behind—I followed a little distance and found a policeman, to whom I made a complaint—the prisoner was not in sight when I did that; he was 200 or 300 yards off—we followed the prisoner; directly I went to the other side of the road he and the other two started to run—I ran after him—the policeman followed after, and he apprehended him standing in a doorway in River Street—I had stopped at the end of the alley because I knew he had run down it—I saw the policeman apprehend him—he pretended to be drunk—this bag was round his neck as a scarf at that time—it is a bag similar to the one that was thrown over my hands.
Cross-examined by the Prisoner. You are the man that made the attempt—you were as Sober as possible—I did not take you when you did this because there was no policeman there, and you had plenty of assistance and I was by myself—you threw the policeman two or three times in the Strand—I had no doubt of you—my watch was partly in and partly out of my pocket—I told the Magistrate you broke the chain; so you did.
THOMAS ALLPRESS (Policeman K 314). On 3rd February I was on duty in Stratford and saw the prosecutor, who made a communication to me, in consequence of which I went down certain streets—he pointed out the prisoner and two other men—I and the prosecutor followed them—the prosecutor crossed the road—the three men commenced running—I came up with the prosecutor at the corner of Rivers Street, and from what he said to me I went down Rivers Street, where I saw the prisoner standing bolt upright in a doorway with his face towards the door—the prosecutor said to me in his hearing "That is the man"—I took the prisoner in custody and told him he would be charged with attempting to steal a watch from the prosecutor—he pretended to be very drunk, and seemed to roll about—he said "I know nothing about no watch"—when I got him out in High Street he became very violent, struggled very much, tried to throw me and also the prosecutor—I got assistance and
got him to the station—he was solidly sober—during the time the charge was being made at the station he turned to the prosecutor and said "Oh, you wicked old man to say I tried to steal your watch"—when the charge was read to him he said "I was standing in the doorway making water when he collared me"—he was not making water, I am quite certain—that was the first time he had spoken about it—I searched and found this bag on him—the prosecutor did not swing his watch round, he held it up by the swivel—the chain was attached to it—I did not examine it.
The prisoner in his defence said he was not at the place where the prosecutor was, but that he was very drunk.
MR. BEARD Prosecuted; MR. KEITH FRITH Defended.
NOT GUILTY .
373. ROBERT GREENFIELD (21) PLEADED GUILTY to stealing a coat, the goods of George Smith, and to burglary in the dwelling-house of George Smith, and stealing a pair of boots, after a conviction of felony in December, 1887, at West Ham.— Twelve Months' Hard Labour.
Before Mr. Recorder.
374. JOHN LYONS, JAMES BLUMSON, WILLIAM SERGEANT, JAMES ISAACS, JOSEPH GOBBY, MICHAEL HART , and WILLIAM THOMAS , Unlawfully aiding and abetting in a certain prizefight between Lyons and a man unknown.
MESSRS. POLAND and BODKIN Prosecuted.
After the commencement of the case the RECORDER stated that the mere pretence of the prisoners at the fight was sufficient to make them guilty of the charge, after which they all stated that they were
GUILTY, and the Jury found that verdict. LYONS— Three Days' Imprisonment, and he and the other prisoners to enter into recognisances to keep the peace for twelve months.
Before Mr. Common Serjeant.
375. FREDERICK DORTON (29), JOHN FIELDER (63), WALTER LEE (29), and WILLIAM DORTON (18) , Robbery with violence on William Young, and stealing a watch and other articles from him and 9s. Second Count, receiving the same.
MR. HEDDON Prosecuted.
WALTER YOUNG . I live at 37, Baildon Street, Deptford, and am a dealer—about 5.30 p.m. on 25th January I was outside the Lads of the Village public-house, neither drunk nor sober; I had had a drop to drink—I had taken the prisoner Fielder out to drink, and we called
for a pint—I called for several drinks; I had twopennyworth of whisky cold—I was doing nothing that day—I had been to the Lads of the Village in the morning, and again in the afternoon, going home to dinner—I sent Fielder for half a pound of oranges for my brother—he brought them back; I treated him, and lent him a shilling—as soon as I went out of the public-house some time after Fielder followed me—I was knocked down by Lee, the others were with him—he hit me with his fist on the side of my head; I had a black eye for three weeks; I bled like a pig—all the other prisoners followed me out—I recollect the eldest Fielder, Dorton, and Lee—I was stunned when I was down; I felt some hand in my pocket—I cannot say whose hand it was, they were all round me when I was down—I knew nothing more for two or three hours—I lost about 9s. in silver and bronze, and a silver watch and silver albert, a gold-plated seal, a watch key, and a jubilee piece—I found I had lost them about two hours afterwards—I was told a party was found.
Cross-examined by Frederick Dorton. You were not drinking with me so long as the others—I don't know how long you were there—I do not identify you as doing anything; they were round me like a flock of bees when I was down, and putting their hands in my pockets and taking everything.
Cross-examined by Fielder. I came and asked you to buy some oranges—Lee took some money off the table and swore it was his.
Cross-examined by Lee. We were not playing shove halfpenny in the Lads of the Village for three hours—I did not take my coat off to fight you—I did not challenge you to fight three or four times, and strip to light you—you are the only man that had your coat off—you came up to fight me in the house, and pulled your coat off, but I would not fight—you wanted to fight me because I accused you of robbing my brother inside of his money—you did not play my brother for a pot of ale; you robbed him.
JOHN YOUNG . I live at 37, Baildon Street, Deptford, and am a dealer and brother of the last witness—we live in the same house—on 25th January I was with my brother outside the Lads of the Village, about half-past 4 p. m.—I saw Lee hit my brother, and knock him down, when we got outside—after that he hit me, when I went round to give him assistance—I then went round to get assistance where I am lodging, and that is all I saw—all four prisoners were together then—I saw Fielder come back with the oranges, and give them to my brother inside—he then stopped in the house—when we went out we were set upon, and Fielder was amongst them—I did not see William Dorton do anything, but after Lee hit me I went to give the alarm—I saw William Dorton there.
Cross-examined by Frederick Dorton. I saw you in the Lads of the Village that afternoon; I cannot say at what time, or how long you were there—I asked you to have a drink, and you drank with me—you all four had some drink—I and my brother asked you all to drink.
Cross-examined by Fielder. I had not been in the beershop in Baildon Street—they did not send for a policeman to turn me out because I was drunk—you did not see me and my brother in the Duke of Cambridge that morning—we asked you to come and have a drink, and we went to the Lads of the Village—I and my brother said nothing about not going
into the corner beershop, because we had had a row, and the landlord had sent for a policeman.
Cross-examined by Lee. I was playing at shove halfpenny by myself, and you came and picked them up, and said "They are mine"—I did not say I was the best man in Warley—I did not, once or twice, say I and my brother would fight you—I did not put the halfpence in my pocket—you pulled your coat off to fight my brother—I don't know how many pots of ale we had—we only had one lot of whisky to top up.
GEORGE HATCHETT . I live at 7, Charles Street, Deptford—on 25th January, about 5.30 p.m., I was outside the Lads of the Village, and saw Walter Young lying down in the middle of the road, and William Dorton was lying on the top of him, with his hands in Young's jacket pockets—I did not see him take anything out, but he put his hand into his own pocket—they were alone—then he walked up towards the other three prisoners, who were a little way off the Lads of the Village, counting out money all together—that was after I saw William Dorton on Young—I saw no money, but they stood as if counting some out—I saw nothing bright—I did not hear either of them say anything—they walked up the street together.
Cross-examined by Frederick Dorton. I did not take much notice who the men were; there were three with you—the others did not walk with you—you did not stop till the row was over; you left when the man was on the ground—you were with the others when the man was on the ground, and then the three men walked away with you afterwards.
Cross-examined by Fielder. When I first saw you you were standing a little way from my mother's door—the man was in the gutter, and you were up by the door—you were not near the man; you were separate from the others—you were engaged in the counting.
Cross-examined by Lee. No one told me to say this—Sergeant Francis did not give me this information—I did not see you doing anything to the prosecutor—you were by the door—I did not see you use any violence to him, or rob him—first of all you were near, standing there looking—the counting took place a little while afterwards—you all were there, just standing there, when William Dorton was lying on the man—after he came from the prosecutor you went farther off.
Cross-examined by William Dorton. I saw you put your hand into the man's pocket, and then you let him fall back again on the kerb.
ELIZABETH BAILEY . I live at 20, Charles Street, Deptford, and am the wife of Edward Bailey, a labourer—our house faces the Lads of the Village—on Wednesday, 25th January, about 5. 35 by the Lads of the Village clock, I went to my door to see the time, and just as I got there Lee put up his fist and knocked the prosecutor down—all four prisoners were there—I went indoors, as I feared there would be a fight—I had gone half-way up my pasage when it seemed quiet, and I turned back to see what they were doing—I walked over to the prosecutor, who was lying on the ground bleeding—Fielder was lying nearly on the man on his knees with the man's legs between his—William Dorton was there; I asked him what he was doing—he seemed to me as though trying to get the man up—I touched Fielder, and asked him what he was doing—he turned and looked at me, and got up and walked away—I asked William Dorton what he was doing to the man—he said "I am helping him up, Mrs. Bailey"—I know Dorton—Fielder seemed the worse for drink—I
went indoors, leaving them all there—the prosecutor's face was bleeding.
Cross-examined by Frederick Dorton. I did not see you by the man at all; you were standing very quietly by yourself as far from the prosecutor as I am from Mr. Francis. (Mr. Francis was standing by the corner of the dock.)
Cross-examined by Fielder. I told the Magistrate you were on the man and drunk—you were on your hands and knees on the man with your chest touching his chest and his legs through your legs—I said to you, "Whatever are you doing to the man; are you going to kill him?"—William Dorton said "No, Mrs. Bailey, I am only lifting him up"—the prosecutor was very drunk.
Cross-examined by Lee. I was about as far off as I am from you now when you struck the prosecutor with your right hand—your sister asked me to make a blunder to get you off.
By the COURT. I know all the prisoners by sight except Lee.
Cross-examined by William Dorton. I did not see you try to rob the man in any way, only try to help him up.
SARAH HATCHETT . I live at 30, Charles Street, Deptford, and am the wife of John Hatchett, a labourer—on 25th January, about 5. 20, I was outside my door; which is close to the Lads of the Village—I saw three or four men outside my door—I can swear to the Dortons and Fielder; I could not swear to Lee being there—Fielder was standing with his back almost inside the door—William Dorton said "Give me that"—Fielder said "No, you take 1s. for now," and with that some children came along and said "Look at that poor man lying in the road," and I looked out then and saw the man—he was bleeding dreadfully from the temple; I thought he was dead—I went to speak to him—he could not speak for some time; when he spoke he made a complaint to me—the other prisoners stood there; they could not hear.
Cross-examined by Frederick Dorton. I did not see any of you against the man that was knocked down—I saw you all talking, but I did not notice; I did not think you had done that robbery or anything.
Cross-examined by fielder. You were about 20 yards from the man when I spoke to him; he was on the ground—I have given all the conversation I heard.
Cross-examined by Lee. I did not see you at all—I could swear four men were there, but I could not swear if the fourth one was you.
Cross-examined by William Dorton. I did not see you interfere with the man—I did not hear you ask Fielder for 1s.; he said, "Take this 1s. for now"—I could not see what it was.
Re-examined by Fielder. I did not hear you say the man had lent you 1s.
HENRY PUTMAN . I live at 62, High Street, Deptford, and am foreman to Henry Philips, pawnbroker—on 25th January, about a quarter to 6, Frederick Dorton came and pawned this watch for 8s.—I am sure he is the man—I did not ask him anything about it, because I have known him four or five years as a customer.
THOMAS FRANCIS (Police Sergeant R). On 25th January, about 7 p. m., I received certain information, in consequence of which I went to Frederick Dorton's house—I said "You have pledged a watch to Mr. Philips, I will arrest you for being concerned with a man in assaulting and robbing a man in Charles Street this evening"—he did not make
any answer then, but on the way to the station he described a man to me as having given him the watch to pledge—about 12 o'clock the same night I went to Baildon Cottages, Baildon Street, New Cross, where I saw Lee—I said "I shall arrest you for being concerned with others in assaulting and robbing a man in Charles Street this evening"—Lee said "I don't know anything about it, I have been making skewers all the evening"—I took him to the police-station—when Frederick Dorton was brought from the cell into the charge room, in Lee's presence he said "That is the man I received the watch from to pledge," pointing to Lee; "I saw him knock the prosecutor down; I said 'The man is drunk;' he turned round to me and said 'Do you mean that?' I went away down home; about 20 minutes afterwards I met him at the top of Charles Street, and he said 'Will you pawn this for me?' and at the same time handing me the watch, which I pledged at Mr. Philips's; I gave him the money and the ticket in High Street"—in answer to that Lee said he was wagging a false pair of jaws—about 3 o'clock in the morning I went to Cockle's Cottages, Deptford—I was in plain clothes—I there saw the prisoner William Dorton in bed with another young man—I asked him what his name was, he said "Frederick Beaumont"—I told him I believed he was William Dorton, and that he would have to get up, dress himself, and go with me to the station—he still insisted he was not the man—I told him he would have to go without his clothes if he did not like to put them on—I took him to the police-station, where he was detained—the prosecutor was brought there, and he, Mrs. Hatchett, and the landlord identified him after he had-been placed with several others—the prisoners were searched at the station—I found on Frederick Dorton 2s. 3d., on William Dorton 2s. 11d., and nothing on Lee.
Cross-examined by Frederick Dorton. I did not ask you when I came in whether you had pawned the watch at Mr. Philips's, I said I wanted to see you about a watch you had pawned at Mr. Philips's.
ROBERT EBBRIDGE (Policeman R 190). I took Fielden into custody on 25th January, at 9 p.m.—he said "All right, I will go"—I told him I should arrest him for being concerned with others in robbing and assaulting a man, and that I should take him to the station—he said "All right, I will go; it is a b—bad job, but I will speak the truth"—I searched and found on him 1s. 4 1/2 d.
Cross-examined by Fielder. You did not tell me you had borrowed that 1s. of the prosecutor—you did not say a word about it.
THOMAS BENNS . I keep the Lads of the Village, Charles Street, Deptford—on 25th January the prosecutor and his brother came in with Fielder, about 10 a. m., and went out about dinner time, and returned again about 4 o'clock—the prosecutor treated Fielder—I don't know if Lee came in with them—he came in after the others—William Dorton was there, and Frederick Dorton came in 20 or 25 minutes before they went out; he came in about 4—they were all there together, and the two prosecutors went out at the same time, all six of them.
Cross-examined by Frederick Dorton. You did not drink with the others; you had yours by yourself—you were not in my house half an hour—the others had amongst them one pot of ale and twopennyworth of whisky, and meantime the prosecutor sent Fielder for some oranges—I did not see you join in their company.
By the COURT. He went out with the others.
Cross-examined by Fielder. You all four went out with the prosecutor.
Witnesses for the Defence.
WILLIAM WAITS (Examined by Lee). I am a butcher, of 27, Watson Street, New Cross—I was in the Lads of the Village—I am one of the three men that Mr. Benns spoke of—I did not notice that you misbehaved yourself, not without provocation—the prosecutor was the worse for drink, and could not walk for staggering, and he was in a very quarrelsome mood the whole of the time I was present, and he played a game of push halfpenny with these men—he picked up five halfpence, and one dropped on the floor, and a dispute arose as to the ownership of those halfpence, and he said he was quite capable of taking his part in a fight, and his brother also—Lee was about to protect himself when he talked about fighting, and Mr. Benns said he would not have any fighting in his house; if they wanted to fight they were to go up on Blackheath Hill, where there was plenty of room for them—Fielder was there, and the prosecutor passed his brother some money to give him to buy oranges with, and the prosecutor opened his vest and displayed his shirt-front, and took his watch and its appendages out of his pocket, and said, in his half-drunken state, "Is there anybody here wants to buy a watch; I will sell it with appendages and all for 1l. 7s., and it is a bargain"—then he began to make some dispute about the oranges—he was in a quarrelsome mood the whole time I was present—they all left the house together; he with his waistcoat open—Mr. Benns closed the door, and I saw no more—he wanted to fight you two or three different times—you refused, until he aggravated you, and then you wanted to fight him to protect yourself—I cannot say you took your coat off—the two brothers said they were both capable of fighting Lee.
Cross-examined. I knew on the day it occurred that Lee had got into trouble, because it was spoken of afterwards in the house—I heard they were to be charged next morning at the police-station—I did not go to the station, nor to the police-court—after the hearing on 25th January it was spoken of in the house—I knew I was spoken of as being in the house, and that the prisoner was remanded—I did not appear at the Court on the remand—I did not go because I was not asked by anybody to come forward—Francis did not call on me; he met me in the public-house, and asked me if I knew anything of it—I told him I knew nothing about it, because I thought he meant what occurred outside the house—I have come to state what occurred in the house—the prisoner displayed his watch and put it back again, and went out of the house—he has offered articles in the house on other occasions.
NATHANIEL LEE (Examined by Lee). I am Lee's brother—I am a skewer and butcher's utensil maker, and live at 6, Baildon Cottages, New Cross—you want to make the sets and gambols, and I gave you fourpence and a penny for tobacco to get a pot of ale, and said "Get on with your work as quick as you can—you were a little while gone—when you came home you finished your work, and Mr. Francis took you out of the house—you went out about 3 o'clock—I went away on business,
and when I came back to my supper about 8 o'clock you were at home it work.
Cross-examined. I did not see my brother between 3 and 8.
Frederick Dorton in his defence said he came out of the public house, and saw a bit of a row and left it, and that he met one of the prisoners at the top of the street, and he asked him to pledge the watch, and he did so, and gave him the money and ticket; and he urged that it was not likely he would have pledged the watch at a house where he was well known, and within 50 yards of where it was stolen, if he had known it was stolen.
Fielder said he was drunk, and did not know whether he went near the men or not.
Lee said he was drunk.
William Dorton said he picked the man up when he saw him helpless on the ground, as he could not raise himself.
FREDERICK DORTON— GUILTY of receiving. FIELDER and LEE— GUILTY . WILLIAM DORTON— NOT GUILTY .
FIELDER then PLEADED GUILTY** to a conviction of felony at this Court in May, 1886. DORTON— Six Months' Hard Labour. FIELDER— Twelve Months' Hard Labour. LEE— Nine Months' Hard Labour.
The Grand Jury and the Court commended the conduct of Ebbridge and Francis.
376. GEORGE MYATT PLEADED GUILTY to unlawfully obtaining by false pretences from George Arnold 1l. 11s. 4d. with intent to defraud, and to nine other Counts, charging similar offences, and to other Counts for falsifying a paper in the possession of the Royal Arsenal Company Co-operative Society, limited, his employers. The prisoner received a good character.— Six Weeks without Hard Labour.
377. FREDERICK MATHEWS (19) and SAMUEL SCARBOROUGH (16) to breaking and entering the counting-house of William James Bayley, and stealing certain goods, Mathews having been convicted in June, 1887, and Scarborough* in November, 1887.— Judgment respited. [Pleaded guilty: See original trial image.] And
MR. PHILLIPS Prosecuted.
JAMES HENRY HARRIS . I am a solicitor's clerk, of 9, Ashbury Road, Peckham—on 1st February, after 10 p. m., I was at the Mechanics' Arms—the prisoner was there; I had seen him before, but we were not intimate—I had a watch and chain, and a copying ink pencil—I was touching some person, and the prisoner came between me and them—I have no recollection of his brushing my clothes, but a few minutes afterwards I missed my watch and chain—I saw him leave—he returned in a few minutes, and I accused him—I was excited by politics and something else—I had taken more than I am in the habit of taking—the prisoner was given in charge—I have no recollection of lending him a pencil—this (produced) is a portion of my pencil.
—on 1st February I was at the Mechanics' Arms, and saw Harris arguing with another man—I saw his watch and chain over his waistcoat—he spoke to two men who came in, and the prisoner passed between them and Harris—five or ten minutes afterwards they went out—the prisoner went out after them—Harris then said that he missed his watch—the prisoner came back afterwards.
EDWARD FUNNELL . I am barman at the Mechanic's Arms—on 1st February, about 11 o'clock, I served Harris and the prisoner—I saw the prisoner brushing Harris down in front, and he went outside for two or three minutes, and came back—I did not see him speak to any one else—there were three or four people in the bar—the prisoner came hack and sat down, and called for half a pork pie, and then he said "This gentleman is my executor, and I am coming into a lot of money, and I am pumping him to see how much I am coming into," meaning the executor of the person who had left the property—Harris missed his watch, and said to the prisoner "You have got my watch and chain"—he said "No I have not, but I see it go"—he was given in charge—Harris was a little excited, but I don't think he was tipsy.
Cross-examined by the Prisoner, I served Harris, and he treated you, and I afterwards served you—I did not see the reason of your brushing him down—I did not know that he went into the urinal and fell, and got all over lime.
EDWARD GLADWELL (Policeman R R 38). Harris called me to the Mechanic's Arms, and gave the prisoner in charge for stealing his watch and chain—he said "I have not got it; I rubbed him down; I have not got the watch, but I saw it go; you can search me"—I searched him at the station, and found three pencils, one of which Harris identified; it has something like silver at each end—the prisoner was not then charged with stealing the pencil—the pencils were given back to him, and he was locked up for the night—next morning Harris asked me if I had found a pencil—I said "Yes," and went to the prisoner, and asked him what he had done with it—he said he had not seen no such pencil—just before going into Court I said "I believe I know what you have done with that pencil; you have broken it up, and put it down the pan"—he said "You have guessed it, I did; I found it on me; it was not mine, and I thought I would break it up"—he afterwards said that he borrowed it from the prosecutor to write something on a card—they had both been drinking—I have made inquiries, but find nothing against the prisoner.
WILLIAM LAPP (Police Inspector R). The prisoner was brought to the station and charged, and I ordered him to be placed in the dock—he said "Has it come to that?"—I said " Yes"—he said "Can I speak?'—I said "Yes"—he said "I have been with Mr. Harris all the evening; we first went into the Mechanics Arms together and had a drink; we then went to the meeting at St. Joseph's Schools opposite, and when we came out I saw two or three men, who I knew were likely to rob Mr. Harris, following him into the Mechanics' Arms. I followed them and stopped there drinking with Mr. Harris all the evening, as he is an old friend of mine"—I took that down at the time—I asked Harris if he had lost anything besides his watch and chain—he said "No"—I saw black pencil found on the prisoner that evening, not this one; it was given back to him—next morning I heard that Harris had lost a pencil, and after the prisoner was remanded I went to the cell where he had been detained,
and in the w.c. I found this part of a pencil—I afterwards said to the prisoner, "When you were searched at the station a black pencil was found on you and given back to you; I have searched the cell where you were detained and found this in the w. c, which is identified by the prosecutor as part of his pencil"—he said "Yes, when I got into the cell I found I had got the pencil, and knowing it was not mine I broke it asunder and put it down the w. c.; Mr. Harris lent it to me."
The prisoner in hit defence stated that Mr. Harris lent him the pencil to write on a card, and he forgot to give it to him back, and that he was innocent of the robbery.
The prisoner called—
WALTER EDMUNDS . I am a clerk to a sign-writer—on February 1st I was at a meeting at the schools with the prisoner, and afterwards at the Mechanics' Arms—I wanted a ticket to go into St. Joseph's Schools—this ticket was in Mr. Blunt's writing—the prisoner said he could not let me have the ticket, as there was some writing on it, but he said "I will copy that," and he did so, and then said "Halloa, James, come and have a drink, old man"—he said "I don't mind," and he asked me, and I said "I don't mind"—we went into the private compartment—I was going to write on the back of the card, and Harris offered a black pencil to the prisoner and handed it to him; this is it—I know it by the indiarubber at the end.
Cross-examined. I saw the prisoner before the Magistrate on 9th February—I gave evidence, but I do not know whether it was taken down—some questions were put to me—I was sworn. NOT GUILTY .
ANDREWS PLEADED GUILTY .
MR. POYNTER Prosecuted; MR. BURNIE Defended.
THOMAS FRANCIS (Police Sergeant R). On 17th February, about 11. 15, I was on duty with Apps in Catherine Grove, Greenwich, and saw Shorey standing with his back to a gateway leading to a garden—I said "Halloa, Harry, what are you doing here?"—he said "I have got a bad hand"—I said "You had better get away home"—he said "I want to ease myself"—I then left him and turned sharp round the corner of Devonshire Road, and walked as if I was going to Greenwich Road—I then crossed the road, went through a gate, and hid myself behind a hedge, where I could still see him—he stood there as if he was watching the house from the front—he did not do what he said—I hardly lost sight of him—I had watched him 10 minutes or a quarter of an hour when Apps touched me, and I turned my head, and saw Andrews partly concealed behind a laurel in the garden we were in—I took hold of him—he said "Don't hurt me"—Shorey could not hear that—Shine came up and took Andrews—Shorey ran down Catherine Grove; I directed Apps to follow him—I charged them at the station with loitering, and having housebreaking implements, with intent to commit a felony—Shorey said "It is a hard thing any one cannot go round there to ease themselves; I know nothing about it"—a piece of cord and a knife were found on Shorey.
Cross-examined. When they were charged Andrews said "That is quite right"—the gateway in which he stood leads into a garden in Devonshire Road; that is not the garden in which I found Andrews.
HENRY APPS I was with Sergeant Francis—as soon as Andrews was taken in custody Shorey ran away; I pursued him 150 yards and took him; he struggled to get away—I told him I was a police-officer—I was not in uniform—I said he must come back with me—he said "What for, I know nothing about it?"—I searched him at the station and found on him a quantity of rope and string, and an old table knife and a newspaper—Andrews gave me a screwdriver.
THOMAS SHINE (Policeman R 457). I was in Devonshire Road on duty and saw Andrews in Apps's custody—I searched the garden of 6, Oak Cottages and found this jar of treacle, two sheets of brown paper, a candle, a brush, and this jemmy partly buried in the earth—that was about 11.30 p.m.—I saw both the prisoners that evening over the bridge with another person, about a quarter of a mile from Oak Cottage.
GUILTY . SHOREY— Eighteen Months' Hard Labour. ANDREWS— Twelve Months' Hard Labour.
Before Mr. Justice Hawkins.
381. MARY ANN RANDLE (29) was indicted for feloniously administering a quantity of aconite to Samuel Everleigh Randle with intent to murder. Second Count, for administering laudanum with a like intent.
MESSRS. POLAND and MEAD Prosecuted; MR. CHARLES MATHEWS Defended.
ETHEL TRITTON . I was in the prisoner's service as nurse—I entered her service on 28th October last; I knew her by the name of Wesley—there were four children living with her; she was lodging at Mrs. Benbow's at 11, Lower Road, Richmond; she had three rooms, two on the first floor and one above—Samuel, the eldest, and Dorothy, the youngest, slept in the prisoner's bedroom on the first floor; the other two, Harold and Marie, slept upstairs in my bedroom—on Sunday evening, 4th December, the children were put to bed in the ordinary way—during that evening Mrs. Benbow had an interview with the prisoner; I was present at the time—after Mrs. Benbow left the room the prisoner had some conversation with me; she asked me what it was that had been said about her, and said if I did not tell her she would ask Mrs. Benbow; she said that she was not getting her full value for her money; she did not think of stopping there when Mrs. Benbow spoke as if she had not the means of paying her—she said she thought of leaving on Monday, but she did not say so definitely—this conversation took place in the dining-room—she said that Mrs. Benbow had spoken to her as if she had no money, and she was very much worried about it—that was in the bedroom—we went to bed about 12. 30—she said rather than leave the children to face the world, or battle with the world alone, she would put them all out of the way, and herself too, and she asked me if I thought it wrong—I said of course it was, or something similar to that—I tried to soothe her—this was between 12 and half-past—there was no further conservation just then that I remember—after that I went up to bed—while there I heard the child Marie coughing, and being sick and retching—the prisoner came up and took Marie down
with her—I saw the child was sick—she continued retching—she was sick in the utensil in the prisoner's bedroom, and on a handkerchief in my bedroom—the vomit in the utensil was kept and given to the police—it was put into No. 6 room, I believe by Mr. or Mrs. Benbow—I gave it to Bush, the police-officer—i had put in the bathroom—after Marie had been sick downstairs I took her upstairs to my bedroom—again, and soon after I went to bed—after I had been in bed I heard a noise, and went downstairs and asked prisoner if she wanted me—I asked her where she was going on Monday—she said "Oh, I shall go away from here; I shall go to some friends," or "I shall find some friends"—I don't recollect the exact words—she was laughing and joking—I wanted her to get into bed, and not to worry about anything, and said I would come down and see that she was all right—she said she would lock me out—she ran up to kiss the children, and I slipped the key out and hid it, and I ran up behind her, she opened the door and stood straight up in the doorway—I asked if she wanted me—she said "No"—about 7o'clock in the morning little Harold woke me up—he was sick—I got up between 7 and 8 o'clock—I took Marie down to the prisoner, and left her there—I got some coffee, which I took to her room—that was about half-past 8 o'clock—the prisoner was then in bed, and Samuel with her; Dorothy was in her crib, standing up awake, and apparently well—Samuel was asleep—I touched him and woke him, but I could not wake the prisoner—I then went down and spoke to Mrs. Benbow; after that the doctor was send for—after the doctor had seen her I had a conversation with the prisoner, between 11 and 12 o'clock—she asked me how the children were—I said they were all very well—she said she had taken something; this was in the doctor's presence—he asked her how much she had taken—I think she said she had taken about half, she had given some to the children and taken some herself; either half the quantity or half the bottle full; 1 am not sure—I had seen the bottle previous to this—it was kept on her mantelpiece; it was a little blue bottle; a little dark bottle—I think she had had it in her possession about a month; I fancied it looked a little darker than this (produced)—I don't remember morning, somewhere in the bedroom—I think the doctor had it at the time—this was the bottle he had, as far as I recollect—I noticed a stain on Dorothy's nightdress—I saw a paper found in the prisoner's box—I pointed it out to Detective Bush—this is it; it is for writing. (Read: "In the event of my death and I have to-night taken some laudanum, and given some to each of my darlings I could not leave them to face this cold world alone; they will be better off while as for me I have been driven mad by one thing and another. God forgive me having been left alone to fight and struggle, and life has become a burden to me. Make no inquires about me, but will some friend who has cared for for me see me buried with my little dear ones. I am so tried, heart sick, and will some kind friend see any money owing to me to the people here paid. I have given to Ethel my nurse, a ring to sell; she is also to have my clothes. Mr. Wesley knows about the thing in the Tottenham Court Road, and ha can do as he think best.") The prisoner gave me a ring on Sunday night—she said that I should have to leave her on Monday, and that she
would give me that instead of my salary—I believe the bottle was given to the police; I did not see it given.
Cross-examined. I was present on the Sunday when Mrs. Benbow had a conversation with the prisoner—I heard Mrs. Benbow tell her that she must go the next day—the prisoner seemed very worried that night—in the course of the morning she said her sorrows were more than she could bear—I went up with her to her bedroom about half-past 12—I think it must have been almost past half-past 12 when I actually went to bed—before I went to bed I went down to the door of her room—she was very pale; she looked very worried—I was joking with her because I thought she was looking worried—I did not notice that she tried very much to laugh and joke—I have said before "She was very pale; she was laughing and joking, and said that she would lock me out in a joke"—she was laughing and joking—she passed me in running upstairs to kiss the children, Marie and Harold—she went up twice to the children—when she took Marie down I went down with her—the words in my deposition are the exact ones, because it was fresh in my memory then—I can pledge my oath that 1 have given the words about the children and about the worry being more than she could bear—she said she had nothing but the children to live for—Marie was sick in a handkerchief as well as in the utensil; that handkerchief was not preserved—I mentioned the handkerchief before, when I was examined—I gave Marie a little sugar, about a spoonful of moist sugar—I fetched it and handed it to the prisoner, and she gave it to the child—I did not give any sugar to the other children, or see any given—the prisoner had been suffering from neuralgia—this bottle had been kept on her mantelpiece for about a month, down to the end of November—I had an impression that it was a dark blue bottle, and a little larger than this, but did not notice it very much—I could not say whether there was anything in it—Dorothy's night-dress was not handed to the police; it was one of the other children's—there was a stain on Dorothy's nightdress—that was not the dress that I saw handed to the police—Dorothy's night dress was marked in mistake with some of Mrs. Benbow's things—I believe the police had two night-shirts and a little night-dress—they had every night dress except Dorothy's; those worn by Samuel, Harold, and Marie. Re-examined. I saw Marie being sick in a handkerchief and in the utensil upstairs—some of the vomit in the utensil was preserved, but not the handkerchief—Mrs. Randle wiped her mouth with it—the sugar was given to Marie when she was taken down into the prisoner's bedroom—this night-dress (produced by Dr. Tidy) was worn by one of the boys, I cannot say which.
By the COURT. I accepted the ring from the prisoner in payment of my wages—I was satisfied with that; I was obliged to be—I sold the ring for 6s.; 30s. was due to me—I thought the ring was worth more—it was about 7 o'clock on the Monday morning that I went down to the prisoner's room—I took Marie down to her; she was asleep—I did not attempt to rouse her; I simply said "Here is your ring, Mrs. Wesley," and left the purse and the child in the room, and went and got her some coffee—Marie is about four years old—the prisoner was half asleep, not sound asleep—I posted a letter for her on the Sunday night—she told me who it was to—I have seen her writing—she has written to me.
SARAH BENBOW . I am the wife of John William Benbow, and live at 11, Lower Road, Richmond—on 8th October last the prisoner took two rooms on the first floor at a guinea and a half a week to board her and her four children—on 28th October the nurse came, and she then took another room at 5s. a week—on 4th December she was indebted to me under 50l.—the first bill delivered was for the first six months; that was for 19l. odd—she had paid 2l. 10s. for the second month; another 29l. was due—on Sunday evening, 4th December, about 9 o'clock, I told the prisoner as she could not pay the account she must be prepared to leave the following morning; I could not afford to keep her longer—she replied "Then I know what to do"—I was with her about three-quarters of an hour—about 8 o'clock next morning Ethel Tritton spoke' to me—in consequence of what she said to me I immediately went up to the prisoner's bedroom—she looked strange, in a stupor—I put my hand on her shoulder and spoke to her, and tried to rouse her three times—it had no effect—Samuel was in bed with her; his eyes were open, but they were a little strange—I caused Dr. Chapman to be sent for; he came—I was in the room all the time he was there—he succeeded in arousing her—the doctor asked her what she had done, and where the bottle was—she said she had given each of the children a spoonful from the bottle, and had taken the remainder herself—she said she had placed the bottle in the washstand drawer—the doctor opened the drawer, and took it out, and placed it back again—I believe this to be the bottle.
Cross-examined. She was very much troubled on the Sunday night—I had partially boarded her for the last two or three weeks, not entirely—she paid for the washing and different things—the second account was never given to her—when I went into the room on the Monday morning the boy Leigh was awake, and looking anxiously at his mother—I heard the prisoner use the word "Spoonful"—I said at the police-court that the words were "She gave part of the mixture to the children and took the rest herself."
HERBERT FREDERICK CHAPMAN . I am a surgeon, in practice at Richmond—about six weeks before 4th December I was attending the prisoner for general ailment, dyspepsia, sickness, and neuralgia—I prescribed various things; on one occasion I prescribed for neuralgia, for external application, to relieve pain—Mr. Hornby, of Richmond, makes up my prescriptions; this (produced) is my writing, that is the prescription I gave, it consists of equal quantities of tincture of opium and tincture of aconite, half an ounce each—it was for external application—on Monday, 5th December, I was called to the prisoner—I saw the two boys, I did not see much of the second boy; the elder one, Samuel, had evidently been suffering from sickness, nothing more, he seemed ill altogether—I saw the prisoner in bed; she was very drowsy, and apparently suffering from the effects of opium poisoning—I caused her to be kept roused, and she recovered—this little bottle was taken out of the drawer, and I asked her how much of it she had taken—she was too drowsy to answer, I don't think she said anything—I only saw her once on that day.
Cross-examined. She was drowsy, and had contracted pupils—those were the grounds upon which I founded my opinion that it was opium poisoning—stupor, if continued, is one of the symptoms; it depends upon the amount taken—stertorous breathing is also an indication, if coma
intervenes you cannot rouse them after a certain stage—dilatation of the pupils is not a sign—I have not met with a case in which one pupil was contracted and the other dilated—I don't know that I have read or heard of such a case.
Re-examined. The symptoms vary according to the amount taken—the skin was not cold and pale, it was fairly natural—she had only taken a small quantity.
NORTON DESBOROUGH . I am assistant to Mr. Hornby, chemist, Richmond—on 2nd November I made up this prescription; this is the bottle in which I put it—this writing on it is mine—it was given to the errand boy to deliver—I put in an equal part of tincture of aconite and tincture of opium—this is the label: "For outward application only; not to be taken; to be used as directed; Mrs. Wesley."
Cross-examined. We generally mark on the bottle as ordered by the prescription—I did not indicate on the bottle that it contained poison—I remember making up this prescription—I can't say I remember it specifically, only by my writing—what I did was in the ordinary course of business—I give myself the credit of having done it correctly—I put in aconite, I am almost sure, as far as I can recollect.
MARY ANN MORRIS . I live at Richmond—I was at Mrs. Benbow's on Monday evening, 5th December, between half-past 6 and 7—I took a bottle out of the washstand drawer in the first-floor room—I think it was a blue one, something about the size of this one—I gave it to Inspector Aldridge.
JAMES ALDRIDGE (Police Inspector V). On 5th December, about 12 in the day, I went to Mrs. Benbow's—I did not see the prisoner then—between 6 and 7 in the evening I went again with Sergeant Bush, and saw the prisoner in the presence of Mrs. Morris and Mrs. Austin—I told the prisoner that in consequence of having got into Mrs. Benbow's debt she could not afford to keep her any longer, I was going to take her to an institution, where she would be taken care of until she got over her troubles—I left her then, and ultimately went to the room again after she was dressed—I then told her that I was an inspector of police, and I should take her into custody for poisoning her four children, and also for taking poison herself last night—she said "What with one thing and the other, and Mrs. Benbow worrying me, I don't know what I did do, and I would do away with the children even now, and if you do not take me away I will strangle myself, or bite the vein in my arm and bleed to death"—she was taken to the Richmond Union Infirmary—this bottle was handed to me by Mrs. Morris, and the night-dress by Ethel Tritton—I gave it to Sergeant Bush.
Cross-examined. It was to induce her to get up and dress that I told her Mrs. Benbow could not afford to keep her any longer—I had determined to take her into custody—I told her her children should go with her to the institution—those were pretences to get her to dress.
Re-examined. I had seen Dr. Chapman before that and spoken to him.
GEORGE BUSH (Police Sergeant V). On 5th December I went with Aldridge to the prisoner's lodgings—in the evening I received from Tritton a chamber utensil containing some vomit—I put it in a bottle, sealed it, and on the 11th handed it to Dr. Tidy; also this small bottle—on 8th December I took the prisoner from the Richmond Infirmary to Holloway Gaol—on the way she said "The letter that was found in the
box I put in the drawer with the baby's things; I only gave them one spoonful; the baby did not hare any, at when I offered it to her she booked it over and it went on her night-dress"—alter the prisoner was Committed for trial I went to Holloway Prison at her request—she asked if I thought it would be any assistance to me if she was to write a statement of her past life—I told her it was hardly necessary, bet if she liked to do so, and if she was permitted to do to by the governor of the gaol, the might send it—the also inquired very anxiously after her children—she said she thought the girl Tritton had very much exaggerated the evidence, that she sent her to get some sugar and water on the children being ill, and that she did not go of her own accord—the said the expected her confinement within some few days.
CHARLES MEYMOTT TIDY . I am professor of chemistry and toxicology at the London Hospital, and analyst for the Home Office—on 11th December I received from Sergeant Bush these two bottles—I analysed their contents—the small bottle contained about four drops of a liquid, which I found contained opium; the quantity was too small to determine the strength—if it contained aconite, I found none—I have heard the chemist's evidence—if it had been mixed up properly I think I should here found some—a spoonful of laudanum, such at I found, might have various effects—it would depend upon the strength, also whether there was any food in the stomach—laudanum often acts at an emetic in the case of children; it would produce sickness undoubtedly—the whole of the laudanum is often thrown up in the first vomit; the subsequent vomit might contain none—if it remained in the stomach it would produce probably extreme coma, dependent of course upon the age and the strength and the constitutton of the child—it would be dangerous supposing the laudanum was of the strength of the Pharmacopoeia—I found no laudanum in the contents of the larger bottle—the stain on the night shirt was a coffee stain; it contained so opium or aconite—contracted pupils and extreme drowsiness are consistent with opium poisoning—the symptoms vary very much.
Cross-examined. It is within my experience that you may have extreme dilatation of the pupils in the early stage; contraction comet on afterwards—coma is the extreme stage of simple sleepiness.
The Prisoner's Statement before the Magistrate. "I think I had better say nothing; my head it not every clear, and I may say what is incorrect."
HERBERT FREDERICK CHAPMAN (Re-examined). On 5th December I gave a certificate with regard to the prisoner's mental condition—she was suffering from mental depression, with suicidal tendency—she ought to have been kept under supervision. NOT GUILTY .
There were other indictments against the prisoner for administering the poison to the other children, upon which no evidence was offered.
NOT GUILTY .
MR. POYNTER Prosecuted; MR. E. BEARD Defended.
HENRY GUNTING WEBB . I am a ship's steward, 63, Senegal Road, Bermondsey—about 7. 30 on Thursday night, 19th January, I was standing on the rest at the Borough end of Great Dower Street, right in the middle of the road—I taw the prisoner driving a light box-van by one
horse, coming round the corner from the Borough, rather fast, about seven or eight miles an hour; as he got in a straight line he went to the right; I did not notice him turn the corner exactly, I saw him first when he was half-way round the corner—I saw an old lady crossing the road to the rest; when she was about half-way she turned her head round towards the van, and as she did so the shaft struck her over the left eye and knocked her down; the horse reared up and the wheel went over her head—I did not hear anybody call out—he was on his proper side of the road—I did not see him attempt to pull up, I could not say whether he did or not, I don't think he did; he seemed to increase his pace after the accident—I helped to pick up the old lady and. take her into Robinson's shop.
Cross-examined. She had started from Robinson's to St. George's Church side—she was knocked down between the tram rails, which are close up to the rest; there is a urinal in the middle of the rest—I should say it was about two minutes from the time I saw the van come round and strike the deceased to the time the prisoner was stopped.
GABRIEL FOX . I live at 15, Marlborough Road, Old Kent Road—on this Thursday night, about 7. 30, I was standing on the rest—I saw the old lady step off the kerb from the Long Lane corner and come towards the rest—I saw the prisoner's van come round the corner towards the rest, about 10 miles an hour; either the horse or the shaft knocked the old lady down and the van went over her—I did not hear any shouting before the accident—there was some shouting then, as he drove on at the same pace—I ran after him and caught him, and a constable came up—he could have seen the woman about 30 yards before he came up to her.
Cross-examined. I was a witness before the Coroner—I caught hold of the horse's reins about five yards after he passed me—it took me very nearly to the Swan to stop the horse—the accident was opposite Robinson's shop, nearly opposite the rest—the van was a covered one, he was driving from inside—it is not a sharp corner there; it is a curve.
WILLIAM MARSHALL (Policeman M 421). On this Thursday night, about 7. 30, I was on duty in Great Dover Street—I heard some people shouting "Stop him!"—I looked across the road, and saw the witness Fox running alongside the horse's head, trying to stop it—I ran after him—he stopped it in about 33 yards from where the woman was run over—the prisoner got out of the van, and 1 took him back—I asked him if he had run over the woman—he said he did not know.
Cross-examined. I said to him "Are you the driver?"—he said "Yes, I am, "he said; "Iam very sorry; I did not know it had happened"—he was perfectly sober.
EDWARD PETRONEL MANLEY ., I am house surgeon at Guy's Hospital—I did not see the deceased brought in; I saw her in the ward—she was nearly 70—she had a cut about three inches long over the left ear, going down to the peritoneum—it was such an injury as a wheel passing over her head would cause—she died from erysipelas on the 13th. DANIEL WELLS. I am a traveller—I work for the prisoner; he is a biscuit dealer—I was with him the night this happened—he was driving; I was sitting in the van—we were going at an ordinary pace, about seven or eight miles an hour—we were coming from London Bridge to go into
the Dover Road to a customer—as we were turning the corner into Great Dover Street, about two yards from the corner, an old lady stepped. off the kerb, and before there was any opportunity of pulling up I think the horse knooked her down—we were trotting.
Cross-examined. She stepped off the kerb suddenly—the prisoner was quite sober—he generally drives his own van; he is a very careful driver—I go with him to help deliver the goods—we were going to the Swan public-house, about 30 yards from where the accident happened—we were going to pull up there.
NOT GUILTY .
There was another indictment for causing bodily harm to the same person, upon which no evidence was offered.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. POLAND and BODKIN Prosecuted.
JOHN JONES (Police Sergeant). On 13th February I went with Robinson to Thornhill Square, Camberwell—I had watched No. 13 from February 3rd, and saw the male prisoner there—I saw him leave on the 11th, with a set of harness on his shoulder, and on Sunday, the 12th, he drove out with his wife and children in a small hired wagonnette—I have seen a woman go there—about 8. 30 on the 13th I saw the prisoner leave and go a short distance—we both went up to him, and I said "Mr. Wood, we are police-officers; we are going to take you to the station for coining"—he said "I don't know what you mean"—I did not know him before—I said "Your movements have been very suspicious since last Sunday"—he said "I don't know what you mean"—going to the station, he said "I have got a revolver, but not to shoot you with," and at the station I found, a revolver on his outside coat pocket, loaded in four chambers—I left him at the station, hurried back to No. 13, Thornhill Square, burst open the door, ran into the front parlour, and saw the female prisoner Handing in front of the fire, on which was a copper vessel with something blue in it—she said "Oh, my God, what is the matter?"—I said "Your husband is detained at the station"—she was taken into custody, and said "You will find what you want in a tin, box under the bed"—a box was taken from under the bed, and the first thing in it, done up in a newspaper, was four shillings, one florin, and one half-crown; the second packet contained two florins and a shilling; and the third contained 59 ungilt sovereigns and two. shillings; the fourth, 31 half-sovereigns; the fifth, 75 sixpences—I also found on a box used as a working bench the double mould for florins and half-crowns—I also found an iron spoon with metal in it, and some bottles of chemicals, and on the mantelshelf 31 florins wrapped loose in newspaper, and a pair of earrings made of counterfeit sovereigns; and on the top of a cupboard three other moulds, two for half-crowns and shillings, and one for half-crowns, florins, and shillings; also some portions of batteries, and a packet of plaster-of-Paris half used, some lampblack, copper wire, scales and weights, photographic materials, and other articles, and inside the cupboard a polishing board and a paraffin stove—I found in a small box some pawn tickets and a draft in a petition to the Secretary of State relating to a case of Leech, tried in January, 1887, and in the same box this rent-book and post-office
book—I went to the house on the Friday, and found among some rubbish near the copper, a broken mould—21s. in silver was found on the male prisoner, and there were three good shillings at the house which the woman took—this life preserver was found at the house—I have seen an entry at Somerset House of a marriage between Voltaire Greenwood and Annie Greenwood on 31st January, 1875, at Trinity Church, Holborn.
Cross-examined. The fire was dying out when I went into the front parlour—a bed and bedstead took up the greater part of the room—there was no table, but a wooden box or packing-case, with a quantity of metal spilt on it, a piece of newspaper, several bottles, the two moulds, three good shillings, a knife, a file, a spoon, and this large bottle (produced)—there was a lot of dirty linen in the box—Robinson saw me find the metal in the wash-house—I swear that the copper pot was on the fire when I went in—I took it off and put it in the fender; it did not burn my fingers—I will swear it was not at the bottom of the cupboard.
CHARLES ROBINSON (Detective P). I was with Jones—I found a life preserver—I told the female prisoner she would be charged with being concerned with a man named Wood, already in custody, with making counterfeit coin, also with having in her possession implements for manufacturing the same—she said "It is not all my fault—I said "We are going to search the house"—she said "What you want is in that tin box under the bed"—I found in the tin box this paraffin stove—at the station Inspector Moore said "Put down 59 shillings"—the male prisoner said "Now you know you are doing wrong; that shows what you know about it; what you are putting down for shillings are quids"—we examined them, and found that they were so—he said "You want old Brennan here to tell you what they are"—when we examined the chemicals he said "If they get on your clothes they will burn them to pieces; they are for gilding those quids"—when the charge was read over he said "My wife knows nothing about it."
Cross-examined by George Wood. I believe there was a piece of newspaper on the bench—there was a little wood on the fire and slight flame—I saw this pot on the table, and Sergeant Innes said that he took it off the fire—I saw him find this piece of a mould in the wash-house on a heap of filth—I found two boy's violins hanging up in the room.
HARRY JUDGES . I am agent for collecting the rents at 12, Thornhill Square—the prisoners and their children have lived there since November, paying 7s. a week—the first rent was paid on November 7th for the first seven days of November—I produce the rent-book—I have seen no one else there.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—here are most of the requisites for the manufacture of counterfeit coin—these eight packages found in the box under the bed are all counterfeit—some are unfinished—packet No. 1 contains one half-crown, one florin, and four shillings; No. 2 contains two florins and one shilling; No. 3, 59 sovereigns, ungilt, mostly of 1868, they are unfinished; the get has been removed, and there were two shillings of 1875 in the packet; No. 4 contains 34 half-sovereigns, not gilt, mostly of 1856 and 1870; No. 5 contains 75 sixpences of different dates, and more shillings wrapped in paper, and 31 florins of 1873, all counterfeit, mostly from one mould, the same mould as the florins in packets Nos. 1 and 2—this is a
single mould for florins of 1873, it was originally treble, I don't find any coins from that—these are three double moulds for florins and half-crowns; most of the 31 florins found on the shelf, and most of the florins in packages 1 and 2, are from this mould—here are three double moulds for florins and half-crowns, and most of the 31 florins found on the shelf are from this mould, and most of the florins; another mould is for half-crowns and florins, out of which the half-crowns in No. 6 have been made—this is a treble mould for half-crowns of 1885, florins of 1873, and shillings of 1871, but I could not find any coins from them—and this mould was found in the dusthole, but it was damaged, and I could only see the impression on it—this is a treble mould for shillings; this is an electro-plating battery; here are ladles with molten metal in them, files, cleaning boards with partitions for coin, copper-wire holders for the battery, which have all been used; plaster-of-Paris, soft paper, sulphate of copper, lampblack, cyanide of potassium, scales and weights, phosphate of soda, a glass tube tester, a spirit lamp, and a paraffin stove.
Cross-examined by George Wood. The copper jar on the fire contained sulphate of copper, which is used for electrotyping purposes.
George Wood's Statement before the Magistrate. "This is my wife; she knows nothing at all about the business."
George Wood in his defence stated that he received several revolvers and pawned several of them; that he put on his overcoat, and did not know a revolver was in the pocket until it hurt him. He contended that a man who stayed at home teaching his children music was not likely to be a maker of counterfeit coin; that he had been in the Union, but he was anxious his child should not be born there, and George Kingdon took him to his house, where they were for 10 days; and that his uncle, Bill Clarke, who was convicted in January last (see page 479) used to come there to see Kingdon and ma a coin; and that he, Wood, took his wife out in a trap on three afternoons that the should not see what his uncle was doing; that he told her that they were making patent glue, and she knew nothing about the coining.
GEORGE WOOD— GUILTY . The police stated that his real name was Voltaire Greenwood, and that he was one of the best makers of sovereigns and half-sovereigns, and was a companion of James Bowles, who was undergoing five years' penal servitude for coining .—Ten Years' Penal Servitude.
ANNIE WOOD— NOT GUILTY .
384. DANIEL BRYANT PLEADED GUILTY to stealing 174l. 3s. 7d., the moneys of the London and Westminster Bank, his masters; also to making a false entry in the money-book of his said masters. He received a good character.— Judgment respited.
Before Mr. Recorder.
385. CHARLES SCOTT (22) PLEADED GUILTY to three indictments for stealing a metal mug, and receiving the same; also to unlawfully obtaining 20s. and 10s. by false pretences.— Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, MARCH 19TH, 1888.